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Agenda Packet_2025-03-18
HousingCity Council and Special Authority March Meeting Packet 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember— Ward 1 A • LWO191IM1111r.111 • •; Soniary l o Alvaro Nufiez City Attorney City Manager MayorBenjamin Vazquez • Tem - Ward Phil Bacerra • - • •' David Penaloza • - • • 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) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/agendas-and-minutes. City Council 1 3/18/2025 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth - Safe and healthy community - Neighborhood pride - Thriving economic climate - Enriched and diverse culture - Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration - Efficiency - Equity - Excellence - Fiscal Responsibility - Innovation - Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed - Integrity - Honesty - Responsibility - Fairness - Accountability - Respect - Efficiency City Council 2 3/18/2025 Members of the public may attend the City Council meeting in -person 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 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 M-30, Santa Ana, CA 92701. All written communications received via mail 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. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eC0.rnirne1nt.Qap . .... a ........... .................. .................................................. .............. ..... ..!2![g. 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 bttpaL//us02web,zoom us[ Dial (669) 900- JLQ. 1 5 95 5 1 4 9.. To join the Conference Call 9128 and enter MEETING ID- 315 965 149#. You will be prompted by the City Clerk when it is time for a- i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. 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 4:00 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. City Council 3 3/18/2025 ' �� •11 04U_ I LIM PRIFN H42,71• •- will not be permitted to speak. COMMENTS3. LIVE PUBLIC ON .' —You can provide COMMENTScomments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON' PUBLIC OPTION above.• - not - queue by p.m. will notbe permitted to speak. ' • ON •, •'—You can provide COMMENTScomments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON' PUBLIC OPTION above.• - not - queue by p.m. will notbe 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 (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion all espanol en las juntas del Consejo. La interpretacion simultanea all espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse all consejo municipal en el podio. About the Agenda To download or - _reportother supportingdocumentation) each agenda item, you must selectthe agenda item to see the attachments to either open in a new link (the eyeball <ItO or download a pdf (the cloud symbol with the down arrow City Council 4 3/18/2025 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nufiez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall iiiriP iji• 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— POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9- (So Cal Edison) 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a)-. Agency Negotiator- Lori Schnaider, Executive Director of Human Resources Employee Organization- Santa Ana Middle Management / Administrative Management Association (SAMA) 3. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1): TITLE- City Manager, City Clerk, and City Attorney City Council 5 3/18/2025 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a)-. Agency Designated Representative- Lori Schnaider, Executive Director of Human Resources Unrepresented Employees- City Manager, City Clerk, and City Attorney RECONVENE — City Council will reconvene to continue regular City business. raAmSferAll 1111 Mayor Pro Terr Mayor Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Davi,-� Pe-raloza Thai Viet Phan fW-r'-ffh-.fFf &F94-tw-mm Lyrt I M 7 M-, ir, 7 r4 + t Alvaro Nufiez Sonia R. Carvalho Jennifer L. Hall CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Santa Ana High School Boys and Girls Wrestling Teams for Exceptional Sportsmanship 2. Certificate of Recognition presented by Councilmember Bacerra to the Santiago High School Boys Basketball Team for Exceptional Sportsmanship and their CIF Championship 3. Certificate of Recognition presented by Councilmember Lopez to Stanford Sound and Stage for their Outstanding Contributions to the Community CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. City Council 6 3/18/2025 CONSENT CALENDAR I RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 14 and waive reading of all resolutions and ordinances. Department(s): City Clerk's Office :?ZT971 in I I =_1 .lam VA475T110 91�251 M. STMENT11 I =_1 I 07-M STCOM 1733 & 15mrs mie a & 5W "OK Department(s): City Clerk's Office ZT7WOT, 7"N =_1 0 04 6. Iflinutes from the Regular4fleetings of the Rental Mousing Board on August 21, 2024, Workforce Development Board Youth Council Committee on December 12, 2024, aml, Arts and Culture Commission on January 16, 2025 Department(s): City Clerk's Office 7. Appoint Enrique Adame Nominated by Councilmember Bacerra as the Ward 4 Representative to the Community Development Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office 8. Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance, and Prevention Program Round 5 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve appropriation adjustment to recognize $5,878,393 in funds from the California Department of Housing and Community Development (HCD) in revenue account (no. 12218002-52025 State Grant - Direct) and appropriate the same amount to expenditure account (no. 12218719-various) to address homelessness in the City of Santa Ana. (Requires five affirmative votes) City Council 7 3/18/2025 9. Approve Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. for the Bristol -Tolliver Street Urban Greening Project (Project No. 24- 6600) (Non -General Fund) Recommended Action: 1. Approve an appropriation adjustment to recognize $1,500,000 in prior year fund balance in the Federal Clean Water Protection Fund, Prior Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account (No. 05717640-66220). (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program tit add $1,500,000 of Federal Clean Water Protection Enterprise funding for the Bristol - Tolliver Street Urban Greening Project (No. 24-6600). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,581,808, which includes $3,808,800 for the construction contract, $392,128 for contract administration, inspection, and testing, and $380,880 project contingency for unanticipated for unforeseen work. 4. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in the amount of $3,808,800, for construction of the Bristol -Tolliver Street Urban Greening Project, for a term beginning March 18, 2025 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-2024-1 10 was filed with the Orange County Clerk - Recorder for the project. 10. Approve Appropriation Adjustment and Award a Construction Contract to KYA Services, LLC for the Centennial Park Improvements Project (No. 22-2755) (General Fund) Recommended Action: 1. Approve an appropriation adjustment recognizing $2,250,000 of accumulated General Fund account balance and appropriate the same amount into the PWA Services, Improvements Other Than Buildings (01117607- 66220) expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $6,241,000 in construction funds for the Centennial Park Improvements Project (No. 22-2755). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,241,000, which includes $5,941,000 for the construction contract and $300,000 for contract administration, inspection, and testing. City Council 8 3/18/2025 4. Award a construction contract to KYA Services, LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $5,941,000, subject to change orders, for construction of the Centennial Park Improvements Project (No. 22-2755), for a term beginning March 18, 2025 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 pursuant to Section 15301 of the CA Guidelines. Categorical Exemption Environmental Review No. ER-2025-15 was filed for the Centennial Park Improvements Project. 11. Construction Contract with Hardy & Harper, Inc. for the Rehabilitation of Civic Center Drive from Shelton Street to Flower Street Project (Project No. 25-6711) (General Fund) Recommended Action: 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $500,000 in Civic Center Maintenance funds for the Civic Center Rehabilitation from Shelton Street to Flower Street Project, Project No. 25-6711. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,144,000, which includes $915,000 for the construction contract, $137,000 for contract administration, inspection, and testing, and a $92,000 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 3. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $915,000, subject to change orders, for construction of the Civic Center Rehabilitation (Shelton Street to Flower St.) Project (No. 25-6711), for a term beginning March 18, 2025 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-2024-114 was filled for Project No. 25-6711. 12. Ground License Agreement for Wireless Telecommunications Facilities at Three Existing Cell Tower Sites at El Salvador Park, Jerome Park, and the Santa Ana Stadium Recommended Action: 1. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at El Salvador Park located at 1825 % Civic Center Drive West beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,163,572 (Agreement No. A-2025-XXX). City Council 9 3/18/2025 2. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at Jerome Park located at 2115 W. McFadden Avenue beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,045,426 (Agreement No. A-2025-XXX). 3. Authorize the City Manager to execute the Ground License Agreement with NCWPCS MPL 30 — Year Sites Tower Holdings LLC, by and through CCATT LLC, for wireless telecommunication facilities on City property at the Santa Ana Stadium located at 951 West 6th Street beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $1,202,913 (Agreement No. A-2025-XXX). 13. Agreements with JL Group, LLC; Kane, Ballmer & Berkman; Michael Raneses dba Michael Raneses Administrative Hearings; Nastich Law, A. Palacios Law Off ice; Robert M. Snider, Attorney at Law; Serviam by Wright, LLP; and The ADR Coach, Inc. for Administrative Hearing Officer Services (Specification 24-127) (General & Non - General Fund) S SEE • a Z- SO JL Group, LLC Laguna Niguel, C Kane, Ballmer & Berkman Los Angeles, CA M MiZZIM Nastich Law, APC Palacios Law Office Robert M. Snider, Attorney at Law Palm Dese Serviam By Wright, LLP The ADR Coach, Inc. )eles, CA 14. Agreement with Charter Communications, LLC for Data and Video Communication Services (Specification 25-037) (General Fund and Non -General Fund) ON — see 00 r1k VA Emil City Council 10 3/18/2025 2025 through March 17, 2029, with provisions for three, optional one-year renewals (Agreement No. A-2025-XXX). BUSINESS CALENDAR Recommended Action: Provide direction for preparation of the proposed FY2025- 26 budget. 16. Parking Enterprise Fund Updates for Meters and Structures Department(s): Community Development Agency Recommended Action: 1. Approve parking rates for City -owned parking structures to $2.00 per hour with annual increases of $0.50 per hour until a maximum of $3.00 per hour is attained. 2. Direct staff to prepare a Resolution establishing parking rates for the City -owned parking structures and reaffirming the City Manager authority to modify future parking structure rates after the third annual increase as needed. 3. Approve the parking meter rates to $2.50 per hour with annual increases of $0.50 per hour until a maximum of $3.50 per hour is attained. 4. Direct staff to amend the meter ordinance establishing parking meter rates and hours of operation, eliminating metered parking fronting residential in the Willard Neighborhood, and authorizing the City Manager to modify future meter rates after the third annual increase as needed, to mirror the authority of the City -owned parking structures. 17. Boards and Commissions Members Appointments, Reappointments, Holdovers, and 9,emov,21s Department(s): City Clerk's Office, City Attorney's Office Recommended Action: 1. Review Santa Ana Municipal Code Section 2-23rf pertaining to Appointive Boards and Commissions, Appointments, Removals, Vacancies, and Term. 2. Provide direction to staff. City Council 11 3/18/2025 18. Discuss and consider directing the City Manager to prepare a resolution expressing City support for the Santa Ana Unified School District Graduate Profile by formally recognizing its importance and aligning city resources to reinforce its key attributes. — Mayor Pro Tem Vazquez 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. March 9-13, 2025 Mayor Valerie Amezcua — NLC Congressional City Conference, Washington D.C. ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. •I so 0 =101 00 9 re mo— POSTING STATEMENT- On March 11, 2025 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 sain1a aina oirg/ageind�!is aind rrJiniules. City Council 12 3/18/2025 CALL TOOR ATTENDANCE AuthorityMembers Manager AttorneyCity • • •Uj • • Lopez David Penaloza Thai Viet Phan Valerie Amezcua Alvaro Nufiez • r Jennifer L. Hall /1771�[7►'ill���[7►'�ti��:l:[�1�'it►[rl�llj.[�7:71�'/�tei�►1�7'1 • W f ElPTblc InEq,, alualess• r • •illernson - Housing Authority agenda. CONSENTDA RECOMMENDED 1N: Approve staff recommendationson • • • Consent• . and 2 and waive reading of • • and • w rr Department(s): City Clerk's Office f�7■l�/hill i 170 40 •TT F11Ell 11- Will .. r �7 •�- '�1T f�.I i► ! Department(s): City Clerk's Office City Council 13 3/18/2025 =F1 each of the Public Hearing items. "MINEW-4110 =--Wom M-1 "T1'TM20i1__1 ZIMS Published in the Orange County Register, La Opinion, and Nguoi Viet on January 31, 2025. Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development. 2. Adopt a resolution approving the Housing Authority 5-Year Plan and Annual Plan and authorize the Executive Director of the Housing Authority to submit the 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE FIVE YEAR PLAN FOR FISCAL YEARS 2025-2030 AND SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2025-2026 0• - 0 0' I. • ADJOURNMENT —Adjourn the Housing Authority meeting. POSTING STATEMENT- On March 11, 2025 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 sain1a aina oirg/ageind�!is aind rriiniules. City Council 14 3/18/2025 Minutes of the Regular Meeting of the City Council City of Santa Ana, California March 4, 2025 CLOSED SESSION MEETING - 5:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5.03 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Phan, and Mayor Amezcua were present. Mayor Pro Tem Vazquez arrived during Closed Session. CITY COUNCIL 1 MARCH 4, 2025 City Council 5-1 3/18/2025 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall stated there were no comments. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5.04 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No 8:25-cv-215 B. City of Santa Ana Personnel Board Appeal 2022-01 (Marban) CLOSED SESSION REPORT —The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 2 MARCH 4, 2025 City Council 5-2 3/18/2025 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:14 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Pastor David Correa, Eden Church OC ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced Item No. 18, Habitat for Humanity has been withdrawn from consideration by City Manager Alvaro Nunez. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Councilmember Bacerra honoring Assistant Chief/Fire Marshal Lori Smith In Recognition of her Retirement and 44 Years of Dedicated Service to the City of Santa Ana and the Orange County Fire Authority MINUTES: Councilmember Bacerra presented a certificate of recognition honoring Assistant Chief/Fire Marshal Lori Smith in recognition of her retirement and 44 years of dedicated service to the City of Santa Ana and the Orange County Fire Authority. CITY COUNCIL 3 MARCH 4, 2025 City Council 5-3 3/18/2025 2. Certificate of Recognition presented by Councilmember Lopez to the Santa Ana Lawn Bowling Club for their Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to the Santa Ana Lawn Bowling Club for their outstanding contributions to the community. STAFF PRESENTATIONS 3. Development Streamlining Presentation MINUTES: Acting Planning and Building Executive Director Ali Pezeshkpour gave a presentation regarding the development streamlining update and shared the award won by the City. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced there was no reportable action. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received. one (1) Agenda Item No. 13, one (1) Agenda Item No. 18, and three (3) non - agenda comments. The following speakers addressed City Council in -person: 1. Kimberly Duran expressed concern regarding ranking and scoring from the Arts and Culture Commission. 2. Dale Helvig praised the Public Works and Parks, Recreation, and Community Services Agencies regarding the Main Street Corridor, spoke regarding the Thornton Park ribbon cutting ceremony, and in support of Agenda Item No. 23. 3. Aida Espinoza expressed concern regarding students' safety and spoke regarding community policing, public safety, and giving additional resources to the Police Department. CONSENTCALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 19 and waive reading of all resolutions and ordinances. MINUTES: At 7:03 P.M., the Consent Calendar was considered. CITY COUNCIL 4 MARCH 4, 2025 City Council 5-4 3/18/2025 Councilmember Hernandez pulled Agenda Item Nos. 8 and 9 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item No. 9 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item No. 17 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 4 through 19 with the exception of Agenda Item Nos. 8, 9, and 17 pulled for separate discussion and consideration and Agenda Item No. 18 withdrawn, seconded by Councilmember Hernandez. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER PHAN Status: 6-0-0— 1 —Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of February 18, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on December 5, 2024, Environmental and Transportation Advisory Commission on January 14, 2025, and Planning Commission on January 27, 2025 Department(s): City Clerk's Office Recommended Action: Receive and file. CITY COUNCIL 5 MARCH 4, 2025 City Council 5-5 3/18/2025 7. Receive and File Boards and Commissions Biannual Attendance Report for July Through December 2024 Department(s): City Clerk's Office Recommended Action: 1. Receive and file Boards and Commissions Annual Attendance Report. 2. Provide other direction to staff, if/as needed. AGENDA ITEM NO. 8 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 8. Fiestas Del Mariachi Post -Event Summary and Analysis Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file. MINUTES: Councilmember Hernandez expressed concern regarding the Santa Ana Stadium and asked that the City Manager's Office and Parks and Recreation Agency collaborate and explore strategies to generate revenue and mitigate future losses. He recommended partnering with well -experienced organizations and high - profile figures, suggested partnering with profit -driven entities, and reaffirmed his support of stadium use. Mayor Amezcua asked for clarification regarding the rental fees of the stadium. City Manager Alvaro Nunez stated the stadium is rented out at $130,000 for permit and flooring. Mayor Amezcua expressed her support of Councilmember Hernandez's comments and the importance of collaborating with agencies who have the ability to cover fees for the use of the Santa Ana Stadium. Councilmember Penaloza expressed support of stadium usage and the importance of prioritizing investing in the stadium. Councilmember Lopez expressed support of revenue generation and partnerships with capable organizations, and voiced concern regarding revenue loss and its impact on taxpayers' dollars. Councilmember Bacerra requested that the City Manager evaluate revenue - generating options, investment costs, and the overall direction of the stadium while considering taxpayers' dollars. CITY COUNCIL 6 MARCH 4, 2025 City Council 5-6 3/18/2025 Mayor Pro Tem Vazquez expressed appreciation to the City Manager for building a strong team and suggested they continue working together to execute the vision for the stadium. Councilmember Phan asked whether staff had determined that partnering with the non-profit was a valuable investment for assessing stadium updates and expressed support of future events. City Manager Nunez confirmed that partnering with a non-profit organization for the stadium's first event was a worthwhile investment to identify necessary updates. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 8, seconded by Mayor Pro Tern Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass AGENDA ITEM NO. 9 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 9. Contract Parking Enforcement Services with LAZ Parking California LLC Department(s): Police Department Recommended Action: Receive and file. MINUTES: Councilmember Bacerra expressed concern regarding citations issued by LAZ for the absence of front license plates, officers standing at parking meters waiting to issue citations, and whether LAZ is receiving compensation for citations. He emphasized the upcoming contract should define parking enforcement responsibilities and ensure citations are issued only for specified parking violations. Police Commander Joseph Marty spoke regarding the LAZ-issued citations for missing front license plates and expired tags, noting that the Police Department trained LAZ ambassadors and parking control officers, and confirmed LAZ receives no additional compensation. Mayor Amezcua acknowledged the impact of citations on community care, thanked staff and LAZ, and emphasized the need for a balanced approach that upholds customer service while supporting enforcement. CITY COUNCIL 7 MARCH 4, 2025 City Council 5-7 3/18/2025 Councilmember Lopez echoed Councilmember Bacerra's comments and emphasized the importance of considering businesses, residents, and new city patrons. She highlighted that the upcoming contract should clearly define parking enforcement responsibilities. Councilmember Phan spoke in support of LAZ enforcing parking laws. Councilmember Hernandez spoke regarding LAZ's lack of customer service, in support of opening up an additional Request For Proposal (RFP) for parking enforcement, and asked whether the Police Department has received complaints regarding LAZ. Police Commander Marty confirmed that the Police Department has received complaints regarding LAZ and stated that the Police Department provided a three- hour training to LAZ staff in an effort to mitigate complaints. Councilmember Penaloza spoke regarding LAZ's lack of customer service and in support of opening an RFP. Mayor Pro Tem Vazquez spoke regarding LAZ's lack of customer service and spoke in favor of in-house parking enforcement as well as opening an RFP. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 9, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 10. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between October 1, 2024 to December 31, 2024. CITY COUNCIL 8 MARCH 4, 2025 City Council 5-8 3/18/2025 11. Receive and File Quarterly Report of Investments as of December 31, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 12.Approve the Transfer of $1,153,976 in Non -Refunded Expired Street Work Permit Deposits from Deposit Fund to Street Improvement Fund Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment authorizing an interfund budgetary transfer from the City Services Fund to the Residential Street Improvement Fund and appropriate the same amount for non -building improvements. (Requires five affirmative votes) 13.Approve Additional Funds in the Amount of $380,000 for the Legacy Square Transportation Improvements Project (No. 22-9001) with an Estimated Project Delivery Cost of $2,178,079 (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $380,000 of accumulated fund balance in Residential Street Improvements, Prior Year Carry Forward revenue account (05817002-50001) that will be appropriated for spending in the Residential Street Improvements, Improvements Other Than Buildings expenditure account (05817660-66220). (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis in the amount of $380,000 for a new estimated total construction delivery cost of $2,178,079. 3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $380,000 of Acquisition & Construction funds for the Legacy Square Transportation Improvements Project (22-9001). 14. Purchase Order Contract to PB Loader Corporation for One 2025 Ford F-750 Supercab Utility Service Body Truck (Spec No. 25-015) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve a purchase order to PB Loader Corporation for one, new/unused 2025 Ford F-750 Supercab Utility Service Body truck, in an amount of $332,070 plus a contingency amount of $20,000, for a total amount not to exceed $352,070. CITY COUNCIL 9 MARCH 4, 2025 City Council 5-9 3/18/2025 15. Purchase Order Contracts to National Auto Fleet Group for One 2025 Ford F- 150 Lightning Truck and One Ford Transit Passenger Van (Specification No. 25-014 & 25-017) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve a purchase order to National Auto Fleet Group for one, new/unused 2025 Ford F-150 Lightning Truck in an amount of $68,294 plus a contingency amount of $5,000, for a total amount not to exceed $73,294. 2. Approve a purchase order to National Auto Fleet Group for one, new/unused 2025 Ford Transit Passenger Van in an amount of $119,150 plus a contingency amount of $15,000, for a total amount not to exceed $134,150. 16.Agreement for Public Works Cityworks On -Call Maintenance (General Fund) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve agreement with Woolpert, Inc. to provide on -call Cityworks maintenance and project implementation for a term beginning March 4, 2025 and ending on March 3, 2028, with the option of two one-year extensions, for a total amount not to exceed $300,000 (Agreement No. A-2025-021). AGENDA ITEM NO. 17 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 17.Appropriation Adjustments, Construction Contract to Sully -Miller Contracting Company, and Construction Management Agreement to Cannon Corporation for Bristol Street Improvements (Phase 4) from Warner Avenue to St. Andrew Place Project (Nos. 11-6741, 19-6499) Department(s): Public Works Agency Recommended Action: Approve four appropriation adjustments recognizing: • $770,440 in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account to New Transportation System Improvement Area E, Improvements other than Building expenditure account. • $33,747 in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account to New Transportation System Improvement Area E, Improvements other than Building expenditure. • $1,196,886 in the Residential Street Improvement, Prior Year Carry forward Revenue account to Residential Street Improvement, Improvements other than building expenditure account. CITY COUNCIL 10 MARCH 4, 2025 City Council 5 — 10 3/18/2025 • $25,198 in Local Drainage Area IV, Prior Year Carry Forward revenue account to Public Works Storm Drain Construction, Improvements other than building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to allocate an additional $10,283,196 in construction funds to complete the Bristol Street Improvements & Widening: Phase 4 — Warner Avenue to St. Andrew Project (Nos. 11-6741 & 19-6499). 3. Approve the Project Cost Analysis for a total estimated completion cost of $26,994,144, which includes $22,354,493 for the construction contract, $2,803,930 for contract administration, inspection, and testing, and a 10% ($2,235,449) project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 4. Reject Bid Protest received by Nationwide Contracting Services and award a construction contract to Sully -Miller Contracting Company, the lowest responsible bidder, in accordance with the base bid in the amount of $22,354,493, subject to change orders as approved by the City, for construction of the Bristol Street Improvements from Warner Avenue to St. Andrew Place and Bristol Street (Phase 4) Water Main Improvements Project (Nos. 11-16741 & 19- 6499) and authorize the City Manager to execute the contract. 5. Approve an agreement with Cannon Corporation for Construction Management and Inspection services for the Bristol Street Improvements Projects, in an amount not to exceed $1,998,642 for a term beginning March 4, 2025, and expiring March 3, 2027, with an option for one, one-year extension (Agreement No. A-2025-022). 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. EIR 89-01 was filed for the Bristol Street Improvements Projects. MINUTES: Public Works Director Nabil Saba provided a presentation regarding the Bristol Street Improvements Project — Phase 4. Councilmember Penaloza expressed excitement for the completion of Phase 4 and asked whether the City will be acquiring additional property. He stated that the community does not want additional parks and landscaping in grass areas along Bristol Street, and asked if the contractor has completed other projects in the City. Director Saba stated the City will not acquire additional property and clarified the contractor has not completed any other project in the City. Mayor Amezcua emphasized the importance of outreach and project completion, and asked how Public Works planned on delivering notices. CITY COUNCIL 11 MARCH 4, 2025 City Council 5 —11 3/18/2025 City Engineer Rudy Rosas spoke regarding community outreach efforts and project completion. Mayor Amezcua asked what efforts are being made to mitigate the impact to the community, specifically the effects of dust on homes in the area. City Engineer Rosas shared the measures that are in place to minimize and suppress dust at construction sites that are conducted both by City staff and the contracted company. Mayor Amezcua asked whether the contract for the project stipulates whether or not the contractor can be removed from the project if deadlines are not met by the contractor. City Engineer Rosas explained that the contract lists a liquid damage amount of $11,420 that can be assessed for each day the project exceeds the agreed upon deadline and that staff works closely with the City Attorney's Office in those instances. Mayor Pro Tem Vazquez spoke in support of designating the new greenspaces as parks to allow for more structure, and suggested redesignating the existing greenspaces on Bristol Street as parks. Councilmember Penaloza suggested that, given the size and scope of the project, notices be provided further than the 1000 feet project radius, and asked whether the community could expect to experience black -out periods during the removal and installation of electrical components. City Manager Alvaro Nunez explained that Edison will likely install temporary power lines to mitigate power disruptions. Councilmember Penaloza expressed the importance for staff and the contractor to mitigate the impact of dust on the homes in the area and asked whether the sound walls would mirror the existing walls on Bristol and whether the bike lanes would be landscaped. City Engineer Rosas spoke regarding the sound wall and protected bike lanes. Councilmember Penaloza shared his hopes that Bristol would look appealing to both residents and non-residents, and that the project would be conducted properly and quickly. Councilmember Phan spoke in support of the project, suggested notification to residents through means other than mailers, expressed the importance of having a bikeable and walkable city, and requested periodic updates on the project at future meetings. CITY COUNCIL 12 MARCH 4, 2025 City Council 5 — 12 3/18/2025 Councilmember Bacerra spoke regarding a lack of cleanliness at construction sites and expressed a need to ensure the sites are given more attention in that respect. Councilmember Penaloza suggested noticing on social media. City Manager Nunez acknowledged the comments made by the Council. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 17, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass AGENDA ITEM NO. 18 WAS WITHDRAWN 18.Approve a Pre -Commitment of $9,807,571 in HOME Program Funds for the Development of 40 New Affordable Ownership Units Located at 621 W. Alton Avenue, and Approve a Pre -Commitment of up to $920,000 in Inclusionary Housing Funds for Eligible Homebuyers to Purchase Nine (9) Existing Rental Units that will be Converted into Affordable Ownership Condominium Units Located at 425 E. Wellington Avenue for a total of $10,727,571 Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a pre -commitment letter with Habitat for Humanity of Orange County for $9,807,571 in HOME Investment Partnerships Program funds for the development of 40 new affordable ownership units located at 621 W. Alton Avenue, Santa Ana, CA (APN 410-351-02) (Agreement No. A-2025-XXX). 2. Authorize the City Manager to execute a pre -commitment letter with Habitat for Humanity of Orange County for up to $920,000 in Inclusionary Housing Funds for eligible homebuyers to purchase nine (9) existing rental units that will be converted into affordable ownership condominium units located at 425 E. Wellington Avenue, Santa Ana, CA (APN 398-028-12) (Agreement No. A-2025- XXX). MINUTES: Item withdrawn, no action taken. CITY COUNCIL 13 MARCH 4, 2025 City Council 5 — 13 3/18/2025 19.Second Reading of the Ordinance of the City Council of the City of Santa Ana Amending Chapter 2 of the Santa Ana Municipal Code by Adding Section 2- 112 Prohibiting the Award of Agreements, Contracts, or Grants to Immediate Family Members of the Mayor, City Council Members, or City Officials First Reading at the February 18, 2025, City Council meeting and approved by a vote of 7-0. Published in the OC Reporter on February 28, 2025. Department(s): City Manager's Office Recommended Action: Conduct a second reading and adopt an ordinance amending Chapter 2 of the Santa Ana Municipal Code by adding Section 2-112, which prohibits awarding agreements, contracts, or grants to immediate family members of the Mayor, City Council Members, or City Officials. ORDINANCE NO. NS-3077 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL MEMBERS, OR CITY OFFICIALS *END OF CONSENT CALENDAR** CALENDARBUSINESS MINUTES: At 8:45 P.M., the Business Calendar was considered. 20. Fiscal 2024-25 Mid -Year Budget Update, Appropriation Requests, and Workforce Changes Department(s): Finance and Management Services Recommended Action: 1. Receive and file the FY2024-25 Mid -Year Budget Update. 2. Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) 3. Adopt RESOLUTION NO. 2025-007 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN 4. Adopt RESOLUTION NO. 2025-008 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024-25 ANNUAL BUDGET TO ADJUST FULL-TIME POSITIONS IN THE CITY MANAGER'S OFFICE, HUMAN RESOURCES, THE FINANCE & MANAGEMENT SERVICES AGENCY, PARKS, RECREATION & CITY COUNCIL 14 MARCH 4, 2025 City Council 5 — 14 3/18/2025 COMMUNITY SERVICES PLANNING & BUILDING AGENCY, AND PUBLIC WORKS AGENCY, INCLUDING ADDITIONS, DELETIONS, AND/OR REALLOCATIONS MINUTES: Acting Finance and Management Services Director Alex Trinidad provided a presentation regarding the Mid -Year Budget Update. Councilmember Lopez requested an analysis to show the impact of sales tax and the auto industry, as a result of the new tariffs. She opposed reductions to alley improvement programs and advocated for yearly improvements, requested that the Public Works Agency prioritize sidewalk repairs, and spoke in support of allocating $1 million to cover City debt. Councilmember Hernandez echoed Councilmember Lopez's concerns regarding sidewalks and emphasized liability and safety concerns. He opposed reducing alley improvements, spoke in support of Civic Center rehabilitation, increased Library and Zoo funding, fully staffing the City Manager's Office, sidewalk repairs on Flower Street, Fairview corridor repairs, and requested staff prioritize park feasibility in Washington Square. Mayor Amezcua asked for confirmation regarding the date for future budget discussions. City Manager Nunez confirmed the next budget meeting is scheduled for March 18, 2025. Councilmember Bacerra spoke regarding the Gas Tax fund, and suggested future sidewalk improvements in revenue generating areas and leasing available spaces within the Santa Ana Regional Transportation Center. He expressed support for an in-house construction crew. Mayor Pro Tem Vazquez supported economic development, and suggested marketing for cannabis, the Auto Mall, and used car dealerships located on Harbor Boulevard. He opposed reducing alley improvements funding, and expressed support of Santiago Gym floor improvements, increased Zoo funding, and expansion of the Quality of Life Team (QOLT) contract. Mayor Amezcua spoke in support of the 13 full-time positions and requested clarification regarding QOLT. City Manager Alvaro Nunez shared information related to QOLT and increased outreach efforts. Mayor Amezcua asked if City staff are collaborating with County staff to ensure the County fulfills its QOLT responsibilities. City Manager Nunez confirmed the collaboration of City and County staff. CITY COUNCIL 15 MARCH 4, 2025 City Council 5 — 15 3/18/2025 Mayor Amezcua stated Measure X will sunset soon and is confident that staff is diligently preparing for it. Councilmember Penaloza spoke in favor of workforce increases and emphasized the importance of prompt Civic Center Drive improvements in order to effectively address the budget. Councilmember Phan spoke in support of the alley improvement program and suggested focusing improvement efforts in revenue -generating areas. She expressed interest in youth and community programming and cannabis sales in future budget discussions. Councilmember Lopez voiced concerns regarding the unfunded pension liability and requested an analysis on whether the general fund could sustain grant -funded positions and essential services without Federal funding. City Manager Nunez explained current budget allocations and measures to proactively prepare for potential future budget cuts. Councilmember Lopez expressed concern regarding proposed workforce changes and the budget's ability to sustain grant -dependent positions without grant funding. City Manager Nunez clarified the workforce proposal reflects staff restrictions and readjustments. Mayor Amezcua emphasized the importance of Measure X sunset preparation. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 20, seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass **END OF BUSINESS CALENDAR** MINUTES: Councilmember Phan recused herself from Agenda Item Nos. 21 and 22 and left the dais at 9:21 P.M. CITY COUNCIL 16 MARCH 4, 2025 City Council 5 — 16 3/18/2025 PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 9:21 P.M., the Public Hearing was considered. 21. Public Hearing for Five -Year Economic Development Subsidy Report for TACenergy Legal notice published in the OC Reporter on February 21, 2025. Department(s): Community Development Agency Recommended Action: 1. Conduct public hearing to consider any written or oral comments on the information contained in the Five -Year Economic Development Subsidy report for TACenergy. 2. Receive and file report. MINUTES: MayorAmezcua opened the Public Hearing at 9:22 P.M. City Clerk Jennifer L. Hall stated there were no comments. Mayor Amezcua closed the Public Hearing at 9:23 P.M. MOTION: Councilmember Bacerra moved to approve the recommended action for Public Hearing Item No. 21, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 — Pass CITY COUNCIL 17 MARCH 4, 2025 City Council 5 — 17 3/18/2025 22. Public Hearing for Five -Year Economic Development Subsidy Report for THRIVE Santa Ana, Inc. Legal notice published in the OC Reporter on February 21, 2025. Department(s): Community Development Agency Recommended Action: 1. Conduct public hearing to consider any written or oral comments on the information contained in the Five -Year Economic Development Subsidy report for THRIVE Santa Ana, Inc. 2. Receive and file report. MINUTES: MayorAmezcua opened the Public Hearing at 9:24 P.M. City Clerk Jennifer L. Hall reported out four (4) email comments received. Mayor Amezcua closed the Public Hearing at 9:24 P.M. Councilmember Lopez spoke in support of the item. Councilmember Hernandez spoke in support of the item. Mayor Pro Tem Vazquez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 22, seconded by Councilmember Lopez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6 — 0 —1 — Pass **END OF PUBLIC HEARINGS** MINUTES: Councilmember Phan returned to the dais at 9:27 P.M. CITY COUNCIL 18 MARCH 4, 2025 City Council 5 — 18 3/18/2025 COUNCILMEMBER REQUESTED ITEMS 23. Discuss and consider directing the City Manager to direct City staff to draft and bring back an ordinance for Council consideration that would require applicants for contracts, licenses, permits, or other entitlements for use to disclose pending or prior FPPC and FEC enforcement actions — Councilmember Bacerra MINUTES: Councilmember Bacerra spoke regarding bringing back an ordinance for Council consideration that would require applicants for contracts, licenses, permits, or other entitlements for use to disclose pending or prior FPPC and FEC enforcement actions. Councilmember Phan spoke in support of the item. She suggested the ordinance follow the language in the Levine Act to ensure consistency with existing law and expressed concern for applicants who may have a frivolous pending action against them. Councilmember Penaloza spoke in support of the item. He asked whether there would be measures in place that would ensure an impartial process, should an applicant disclose any pending FPPC and/or FEC actions against them. City Attorney Sonia Carvalho explained that, in instances where the applicant may be pending or appealing an action, the Council would be reminded to consider any resolved actions. Mayor Amezcua expressed support of the item. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez announced that the Santa Ana Police Department has launched a new text messaging system to provide residents real-time call for service updates. He spoke regarding numerous complaints received related to red striping, reported the ribbon cutting ceremony at George Upton All Access Park, and announced there will be two Fair Housing meetings scheduled for March 5, 2025 at 10.00 A.M. and 6:00 P.M., held in the Council Chamber. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Hernandez spoke regarding the cul-de-sac construction at 10t" and Flower Street, provided an update on the Angels Park renovations, which include new restrooms and a playground featuring early childhood education amenities provided by UCI, and stated details regarding the ribbon -cutting ceremony will be shared at a later date. He shared that El Salvador Park will also see renovations to the community garden and new restrooms, and thanked the public for their patience during the construction along the Civic Center corridor. CITY COUNCIL 19 MARCH 4, 2025 City Council 5 — 19 3/18/2025 Councilmember Lopez reminded residents that pets must be leashed while in public spaces, announced her community office hours on March 15, 2025 from 10.00 A.M. to 11.00 A.M. at Fisher Park, and urged the City Manager's Office and the Arts and Culture Commission to work with local artists to ensure that funds from the commission stay in the City. She wished all the women in the City and in her family a Happy International Women's Day. Councilmember Penaloza echoed Councilmember Lopez's comments regarding the Arts and Culture Commission, stated that he believes the planters along Santa Ana Boulevard are a liability, and requested reflective stickers be placed on the planters to help mitigate accidents. He reminded everyone that Sunday, March 9, 2025 is Spring Forward and for those who practice, March 5, 2025 is Ash Wednesday, the first day of Lent. Mayor Amezcua requested City Manager Nunez ensure the Orange County Transportation Agency address the Santa Ana Boulevard planter issue during their presentation at the March 18, 2025 City Council meeting. Councilmember Phan reminded everyone that March 17, 2025 is St. Patrick's Day and thanked staff for their hard work preparing the mid -year budget, announced the City received various awards at the Orange County Business Council's Turning Red Tape into Red Carpet Awards, and thanked staff for making the awards possible. Councilmember Bacerra spoke regarding George Upton All Access Park, thanked Senator Umberg for his help in obtaining grant funding for the park, as well as all those who attended, and announced the Orange County Fire Authority would be hosting an Open House on March 15, 2025 from 1:00 P.M. to 3:00 P.M. at One Fire Road, in Irvine. He thanked staff for the completion of the fence along the Flower Street bike trail next to the County flood control channel and inquired regarding interviews for the Police Oversight Commission's Independent Oversight Director position. City Manager Alvaro Nunez stated that he is working with City Attorney Sonia Carvalho on scheduling interviews for the Independent Oversight Director within the next 30 days, as well as updating the municipal code. Councilmember Bacerra expressed the importance of moving forward with the hiring of the position of the Independent Oversight Director as the original item passed by unanimous vote. He requested the meeting be adjourned in memory of Frank Lopez, a parishioner of the Church of the Messiah who passed away recently. Mayor Pro Tem Vazquez thanked students at Valley High School for their awesome behavior, shared he attended the event at George Upton All Access Park, and wished everyone Happy International Women's Month and a Happy Birthday to Councilmember Lopez. He thanked Supervisor Sarmiento for the Cal Optima Health and Street Medicine Program. CITY COUNCIL 20 MARCH 4, 2025 City Council 5 — 20 3/18/2025 Mayor Amezcua clarified the Cal Optima Health Board of Directors has not yet voted on the awarding of the Health and Street Medicine Program. In honor of Women's History Month, she thanked the women on staff, and spoke regarding the unveiling of the new mosaic mural at the Jerome Community Center took place on February 19, 2025 and encouraged everyone to visit and see the artwork. She spoke regarding her Faith -Based meeting, where they discussed the topic of immigration, stated she met with the Sober Living Recovery Task Force and discussed the sober living homes currently in Santa Ana, and expressed her excitement for NOVA Academy's 20rn anniversary and Santa Ana Pony Opening Ceremony. She announced her next Coffee with the Mayor will be held on March 22, 2025 at the Boys and Girls Club, and asked whether there have been any immigrations raids reported in the city. City Manager Nunez confirmed there have been no known immigration raids in the city. Mayor Amezcua spoke regarding the budget survey and encouraged the community to respond and answer according to what is important to them. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Frank Lopez at 10.07 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL 21 MARCH 4, 2025 City Council 5 — 21 3/18/2025 Chairperson Commission members present: Hernandez, Lopez -Guerra, Russell, Vu Staff members present: Marc Morley, Economic Development Manager Tram Le, Arts and Culture Specialist Bianca Zurita, Recording Secretary Minutes: Delegates from Sahuayo Sister City expressed their gratitude for the opportunity to receive the mural donation and thanked the City for its assistance in submitting an application to request qualifications to identify the artists who will be collaborating on this project. fib F1OTIM1 2 I 2. Regular meeting minutes of November 21, 2024 - -� 11wiTM797UT171_ • -♦ by Commissionerr- - - s d.d by Commissioner Approve •Calendar items. YES: 4 — Debra Russell, Indigo Vu, Maria (Susie) Lopez -Guerra, Joese Hernandez Arts and Culture Commission S 1 /16/2025 City Council 2-1 6-1 3/18/2025 3. Discussion on the Proposed Location for a Rainbow Crosswalk in Downtown Santa Ana Minutes: Tram Le gave the presentation. 4. Sahuayo Sister City Mural — Process and Review Panel Overview Minutes: Tram Le presented on the mural placement and discussed the application process and evaluation. Commission engaged in Q & A. ***END OF WORK STUDY SESSION*** 5. Staff member comments Minutes: Tram Le — The Graffiti Arts Project, led by Alex Sanchez, will involve 25 students from various schools. The program includes five off -site tours, field trips, workshops, and a final mural painting. The first field trip is scheduled for Wednesday, January 22, with additional tours planned for the coming months. The Investing in the Artist Grant Program recently met with 23 recipients to review their projects, budgets, timelines, and other key requirements. Regarding the Art Restoration and Conservation Program, the RFP was released on Monday. This program focuses on historic murals that are at least 15 years old. Recommendations for panelists familiar with historical murals were requested via email. 6. Commission member comments Minutes: Commissioner Russell — The Plaza where the Sahuayo Mural will be placed is a significant and historic location. The collaboration with the Santa Ana Coalition was crucial, and they wanted to honor the memory of that group. Commissioner Hernandez — Will be an artist in residence at the Grand Central Art Center and is very grateful for the opportunity. Commissioner Vu — Expressed appreciation for the collaboration with the sister city of Sahuayo on the Mural Project. ADJOURNMENT The next meeting of the Arts and Culture Commission is scheduled for February 20, 2025 at 5.30 PM. Arts and Culture Commission 4 1/16/2025 City Council 2-2 6-2 3/18/2025 Bianca L. Zurita Recording Secretary Digitally signed by Bianca L. Zurita Date: 2025.02.27 16:02:02-08'00' City Council 6-3 3/18/2025 F_ .PTMPT M WA N CALL TO ORDER Recording Secretary Board Members Present: Aguilar, La, Martinez, Mier Staff Members Present: Executive Director, Rent Stabilization Manager, Recording Secretary INTRODUCTIONS — Staff and Board members introduced themselves. 2. Rules of Order Minutes: Cindy Blot, Consultant with RSG presented an overview of the Rental Housing Board Ordinances, including its Purpose, Powers and Duties, Meetings, Rules of Procedure, Petitions & Appeals Hearings and the Brown Act. ***END OF WORK STUDY SESSION*** 4. Election of Officers for the Rental Housing Board for the 2024-2025 Term ' - .-. Action: Elect a Chairperson and Vice Chairperson of the Rental Housing Board to serve for1 1 1 Minutes: Tracy La was nominated for Chair and Luis Mier was nominated for Vice chair. I►�i C•1R 11T1:%1+.TT I►�i [ai1Ti►�i - - : [ 11T1:%TT 11 i [ai1T�i►�iFPiaf ir'1XTP• = Rental 1, 2024 ity ouncil 1 _ 1 6-4 3/1 YES: 4 — Ernie Aguilar, Tracy La, Esperanza Martinez, Luis Mier Status: 4-0-0-0— Pass Q.� 5. Staff Member comments Minutes: Michael Garcia — Expressed gratitude to the staff for their hard work in implementing Rent Stabilization Division, collaborating closely with consultants, and finding ways to better serve the community. Minutes: Board Member La — Thanked the staff for all their efforts in reaching this point and looking forward to working with everyone. ADJOURNMENT The next meeting of the Rental Housing Board is scheduled for September 18, 2024 at 4.30 PM in the Council Chamber. Bianca L. Digitally signed by Bianca L. Zurita Zurita Date: 2025.02.27 15:57:27-08'00' Recording Secretary Rental 1, 2024 ity ouncil 1-2 6-5 3/1 Workforce Development Board Youth CouncilCommittee Regular ORDERCALL TO Chairperson ATTENDANCE Committee members present: Annino, Jimenez-Hami, Martinez, Russell -Garcia, Sandoval, Tucker, Varnum Staff members present: Deborah Sanchez, Sandy Barba, Bianca Zurita 1. Excused Absences 2. Regular meeting minutes of June 13, 2024 --� i•• • _ Moved by Committee Member Russell -Garcia, seconded by Committee Member Varnum to Approve Consent Calendar YES: 7 — Robert Tucker, Dennis Varnum, Sandy Annino, Ana Jimenez-Hami, Jackie Russell -Garcia, Jorge Martinez, Anthony Sandoval Status: 7-0-0-0— Pass City Council 2-1 6-6 3/18/2025 3. Resignation from the Youth Council Committee Recommended Action: Accept with regret the resignation from the Youth Council by Lucinda Solorzano, Senior Social Worker — Orange County Social Services Agency, representing Transitional Youth Planning Services. Varnum to Approve. YES: 7 — Robert Tucker, Dennis Varnum, Sandy Annino, Ana Jimenez-Nami, Jackie Russell -Garcia, Jorge Martinez, Anthony Sandoval tatus: 7 — 0 — 0 — 0 — Pass 4. Appoint Carlos Acevedo, from Social Services Agency Transitional Service Planning to the Youth Council Recommended Action: Recommend the Workforce Development board appoint Carlos Acevedo,i • for Orange s Services Agency Transitional Service Planning program to the Youth Council. Moved by Committee Member Tucker, seconded by Committee Member Annino to • • YES: 7 — Robert Tucker, Dennis Varnum, Sandy Annino, Ana Jimenez-Nami, Jackie Russell -Garcia, Jorge Martinez, Anthony Sandoval tatus: 7 — 0 — 0 — 0 — Pass 5. PROGRAM OPERATOR REPORTS a. YSPN — Juan Cazarez provided report b. Orange County Children's Therapeutic Arts Center — Rep provided report City Council 2-2 6-7 3/18/2025 6. Staff Member Comments Minutes: • Deborah — Provided update on the WIOA program • Sandy — Collaborating with a task force and Santa Ana College to organize a large job fair, potentially scheduled for April 2025. 7. Youth Council Committee Member Comments Minutes: • Dennis Varnum — It was shared that Disney will be conducting specific interviews at the Anaheim and Brea WORK Centers, in collaboration with the Santa Ana WORK Center. • Bob Tucker — If one person can make a difference and every person should try. Inspire others to make a difference in the community, and keep striving to create positive change. ADJOURNMENT The next regular meeting of the WDB Youth Council Committee is scheduled for February 13, 2025 at 4:00 PM at the Santa Ana WORK Center. Bianca L. Zurita Recording Secretary Digitally signed by Bianca L. Zurita Date: 2025.02.27 15:59:19 -08'00' City Council 2-3 6-8 3/18/2025 Community Development Agency www.santa-ana.org/community-development Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Appropriation Adjustment to Recognize Homeless Housing, Assistance, and Prevention Program Funds AGENDA TITLE Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance, and Prevention Program Round 5 (Non -General Fund) RECOMMENDED ACTION Approve appropriation adjustment to recognize $5,878,393 in funds from the California Department of Housing and Community Development (HCD) in revenue account (no.12218002-52025 State Grant - Direct) and appropriate the same amount to expenditure account (no. 12218719-various) to address homelessness in the City of Santa Ana. (Requires five affirmative votes) GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Homeless Housing, Assistance, and Prevention Program (HHAP) was signed into law on July 31, 2019, by Governor Newsom. The HHAP grant is the State's flagship program aimed at addressing homelessness at the local level. Initiatives such as the delivery of permanent housing, rapid rehousing, homeless prevention and shelter diversion, operating subsidies, street outreach, and a homeless youth set -aside are prioritized. HHAP Round 5 (HHAP-5) marks the City's fifth allocation of HHAP funding. The City leveraged early rounds of HHAP to enhance its homelessness response efforts by supporting critical initiatives such as the construction, purchase, and operation of the Navigation Center, street outreach and engagement services, and a permanent housing project for homeless youth and seniors. In FY23-24, HHAP-4 was awarded to the City which introduced new rapid rehousing and services coordination programs while continuing to support key programs such as the Navigation Center and street outreach team. Resources will help drive the progress toward addressing homelessness and responding to the needs within the City. The State has allocated $1 billion towards the HHAP-5 program, with the City receiving $5,878,393.38 to further its local homeless response efforts. The planned investments of HHAP-5 are consistent with the previous four rounds of funding, but with a refined structure aimed at enhancing effectiveness. While the eligible uses for HHAP-5 remain City Council 8-1 3/18/2025 Appropriation Adjustment to Recognize HHAP Round 5 March 18, 2025 Page 2 largely unchanged from previous rounds, the HHAP-5 statute reorganizes them into three main categories: (1) costs that support permanent housing; (2) costs that support interim housing; and (3) costs that support service provision and systems support. This change represents a strategic alignment aimed at amplifying the focus on regional coordination, permanent housing, sustainability, and person -centered services. The overarching objective of HHAP funds remains unwavering — to effectively address and end people's experiences of homelessness. Pireviou us HHAP expen iifu uires `i15,000,000 ;;2,000,000 $7.,000,000 1111��1 1, NEW It"M IitWPI. IitWP2 IitWP3 IitWP4 IitiAP15 ki SP'iOLer IIIIIII Street C: a read'i IIIIIII fps=rrnxi&it I io us4,ig v: Rapd FM,io us4,ig 11111111111 Ser0ces Cooi,6,iatVwi IIIIIII L.xifflord kic&iUve Shelter Street Outreach Permanent Housing Rapid Rehousing Services Coordination Landlord Incentive HHAP1 $6,963,182 300,000 673,773 - - 50,000 HHAP2 3,034,179 349,999 318,510 - - - HHAP3 4,540,991 4,000,000 1,029,035 - - - HHAP4 2,000,000 2,227,153 - 270,000 239,295 - HHAP5 3,800,000 979,066 - - 687,839 - A majority of HHAP-5 funds will be used for the operation and maintenance of the Navigation Center, followed by street outreach and engagement services. Consistent with Rounds 3 and 4, HHAP-5 grantees must set aside at least 10% of the grant allocation for services for homeless youth. Homeless youth is defined as unaccompanied youth between ages 12 — and 24-years old experiencing homelessness, including pregnant and parenting youth. Santa Ana intends to use the youth set -aside funds for the continuation of independent life skills training for foster youth holding a voucher through the Santa Ana Housing Authority. FISCAL IMPACT Approval of the appropriation will recognize $5,878,393 in funds from the California Department of Housing and Community Development in the revenue account (no. City Council 8-2 3/18/2025 Appropriation Adjustment to Recognize HHAP Round 5 March 18, 2025 Page 3 12218002-52025 State Grant - Direct) and appropriate the same amount into the HHAP-5 Grant expenditure account (nos.12218719-various) for projected expenditures as follows: Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit -Account Account Description FY 24-25 12218719- Homeless Housing HHAP-5 Grant, $5,878,393 69011 Assistance and Reserve Appropriation Prevention Round 5 Total $5,878,393 Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 25-26. EXHIBIT(S) 1. HHAP 5 Award Announcement 2. HHAP 5 Standard Agreement 3. HHAP 5 Awardee List Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 8-3 3/18/2025 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT: 651 Bannon Street Sacramento, CA 95811 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov November 18, 2024 Amanda Sanchez Orange County 601 North Ross Street, 5th Floor Santa Ana, CA 92701 Linda Ly City of Anaheim 201 S. Anaheim Blvd, Suite 1003 Anaheim, CA 92805 Valeria Ramos City of Irvine 1 Civic Center Plaza Irvine, CA 92623 Mishaun Watkins City of Santa Ana 20 Civic Center Drive Santa Ana, CA 90262 Amanda Sanchez Santa Ana, Anaheim/Orange County CoC 601 North Ross Street, 5th Floor Santa Ana, CA 92701 RE: HHAP-5 Award Announcement — Orange Region Regional Award Amount: $34,681,748.35 l hls awardlis under ame6a and Ilnubl announcement cnnlh arg unLli nubl cl l ur6ease II.. Ih::: or I lhn a li c un Ili y II.. Ih::: staff hoId off on any f nnn of IID a Ib II l nnnnunlicaL n unLli 1Ihncn. IIf you Ih have any uesL n nbu l Mhat tIhhli nncnn , Ilnllcn c counted II....NIh:::. Dear Orange Regional Partners: The California Department of Housing and Community Development (HCD) is pleased to announce that the Orange region's HHAP 5 Regional Coordinated Homelessness Action Plan is approved, and the region has been awarded a Homeless Housing, Assistance and Prevention (HHAP) Round 5 award in the amount of $34,681,748.35. City Council 8-4 3/18/2025 Page 2 Region: Orange Regional Partners: Orange County, City of Anaheim, City of Irvine, City of Santa Ana, Santa Ana, Anaheim/Orange County CoC HHAP Round 5 $34,681,748.35 Regional Total: Individual Awards Orange County is awarded $8,346,726.98. City of within the Region: Anaheim is awarded $5,878,393.38. City of Irvine is awarded $5,878,393.38. City of Santa Ana is awarded $5,878,393.38. Santa Ana, Anaheim/Orange County CoC is awarded $8,699,841.23. Awardees are able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing. Upon disbursement, awardees may reimburse themselves for funding activities contained within the approved funding plans/budgets contained within the HHAP 5 applications back to the date of NOFA. HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you to discuss and confirm any documents needed. Congratulations on your successful application. For further information, please contact Jeannie McKendry at jeannie.mckendry ahcd.ca.gov or P homelessnessgrants hcd.ca.gov. Sincerely, Megan Kirkeby Deputy Director, Housing Policy Development Division City Council 8-5 3/18/2025 AN09UNK 1.1 Cc: Subject: Foss, Sarah@HCD <SarahJPoss@hcd.ca.gov> Altil nflotl 6.nn,;61ion' 411a i,odl fi'01,1 6 c'vv� kk,, cI", I i oit I, A,d f T- a t i �, J, T V, C") fj m t � 1, a a, I c Y, 'I ),I L U Hello - Corn ratulations again on your HHAP 5 awards I am following up to notify you that the embargo oin your award is lifted as Governor Newsom announced the final five IHP1,41P a d the EFIF 3R O/k-idov� 3 av,� rd and the HHAP 6 NOFA and ........................ ..................... 31llocatuon!5 in a press cc'dnferenc,e, and L)rea ,,.s yesterday afternoon. HCD also r0eased an Wast with moire iiniformation on, these items and the state's new ,Accx,)untabifity vfebsitel, If you have any questions, please feel free to reach out to hpdlhomellessnessgrants@hcd,cai,gov, Thank you 1 Sarah Foss (shelher), Policy and Program Support Unit Chief Housing and Community Development 65,1 Bannon Street, IV1 Hoor, Sacramento, CA 95,811 Cella 916,890,8970 � SarahFlossC 5Dhr.dcagov ...... _ From: HIDDHomelessinessGraints@I-ICID < H P D Home lessniessG rants@ lhicd.ca.gov> Sent: Tuesdav, November 19, 2024 1:26 PM HPI)HomelessnessGrants@KI) < H PDHlo m6l essnessG rants@, hcd. ca go,v> i Subject: HHAP-5 Award" for Orainge Region Hello, The California �Department of Housing and" Community DeveD) is ped to announce that the Orange County regiion has been award�ed the Homeless Housing, Assistance aind Prevention (HHAP) Round 5 grant. Please see the aftaiched award letter for don the aiwaird. Please note, This award Is under a media and public: announcement embargo unitil publicly released by H�CD or otherwise notified by I-ICDi staff. Ple�ase hold off on any form of public communication until then. If you have any questions, about what this, means, please contact HCID. City Council 1 8-6 3/18/2025 The Standard Agreements will be emailed out for your signature once they have been routed and approved through HCD. The Orange County region will receive its initial disbursement of funds after the Standard Agreements are fully executed. You may now begin incurring costs, and upon disbursement you will be able to reimburse yourself for funding activities contained within the approved funding plans/budgets contained within the HHAP 5 application back to the date of the HHAP Round 5 Notice of Funding Availability (September 29, 2023). Congratulations on your successful application. For further information or if you have any questions, please .....III. IC�II.--j!gn.'-)�,klIe ne,% ;lr. n SC '�h c1. a. �)v. contact.......................................................................... Thank you, 'D Homelessness MHousing Policy- .. Housing & Community . 651 Bannon Street I Sacramento, CA 95811 City Council 8-7 3/18/2025 EXHIBIT 2 SCO ID: 2240-24HHAP 10007 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev.04/2020) 24-H HAP-10007 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE Upon HCD approval THROUGH END DATE June 30, 2029 3. The maximum amount of this Agreement is: $5,878,393.38 (Five Million Eight Hundred Seventy Eight Thousand Three Hundred Ninety Three Dollars and Thirty Eight Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Authority, Purpose and Scope of Work 13 Exhibit B Budget Detail and Disbursement Provisions 4 Exhibit C * State of California General Terms and Conditions GTC 04/2017 Exhibit D HHAP General Terms and Conditions 11 Exhibit E Special Terms and Conditions 3 TOTAL NUMBER OF PAGES ATTACHED 31 gems mown cairn an asrensrc i '/, are nereoymcurpurureu uy rererence unu muue parr ur ruts uyreemenrus it urrucneu nereru. These documents can be viewed at hthys://www.das.ca.aov/OLS/Resources IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BYTHEPARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 20 Civic Center Drive Santa Ana ICA 190262 PRINTED NAME OF PERSON SIGNING TITLE Michael Garcia Executive Director of Community Development CONTRACTOkAUTHORIZED SIGNATURE t DATE SIGNED f - o02� City Council 8-8 3/18/2025 Page 1 of 2 SCO ID: 2240-24H HAP 10007 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES EXHIBIT 2 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev.04/2020) 24-HHAP-10007 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 651 Bannon Street, Suite 400 Sacramento CA 95811 PRINTED NAME OF PERSON SIGNING Jenee McClain -B attiste TITLE Chie , Business and Contracts Services Contract Services Section Manager CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED m io &UdA'(�v 8Ai f ' t 1/10/2025 CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo, dated 06/12/1981) City Council • 3/18/2025 Page 2of2 EXHIBIT 2 EXHIBIT A AUTHORITY, PURPOSE, AND SCOPE OF WORK Authority City of Santa Ana 24-H HAP-10007 Page 1 of 31 This Standard Agreement ("Agreement") is an agreement regarding Homeless Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program) funds. A. The State of California established HHAP-5 pursuant to the provisions in Chapter 6.5 (commencing with Health and Safety Code (HSC) section 50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch. 40, Sec. 17 (AB 129) effective July 10, 2023). B. The Program is administered by the California Department of Housing and Community Development (HCD) in the Business, Consumer Services and Housing Agency (Agency). HHAP-5 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCD grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. C. This Standard Agreement/Contract for Funds along with all its exhibits (Agreement) is entered into by HCD and a Continuum of Care, a city, or a county (Grantee) under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the J14oti, e f lf;;;;;,u n.d1i„1r1 A. vaiillabiillirty (NOFA) dated September 29 2023 under which the Grantee ............. applied, HCD guidance and directives and the requirements appearing in the statutory authority for the Program cited above. 2. Purpose HHAP-5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of permanent housing and supportive services. The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 10 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 2 of 31 EXHIBIT A individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (See HSC section 50230 et seq.). HHAP funding shall: A. Be available to applicants for the purpose of reimbursement for planning and preparing the Regionally Coordinated Homelessness Action Plans required for the HHAP-5 application. B. Continue to build regional collaboration between Continuums of Care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness by fostering robust regional collaboration and strategic partnerships aimed at fortifying the homeless services and housing delivery system. This should be achieved through the formulation of data - driven and cross -system plans designed to allocate resources in alignment with the state's priorities for homeless housing solutions. This means implementing strategies that create and sustain regional partnerships and prioritize permanent housing solutions. C. Ensure the long-term sustainability of housing and supportive services, by strategically pairing these funds with other local, state, and federal resources to effectively reduce and ultimately end homelessness. Grantees are encouraged to follow the guidance provided in "Il:).0 tflirk„„ flares Il:::::'undlin 1::::llieaceas Il o eatheair: Culidea to Stiratea lic Uses of Wear and Il::::Zeaceant Staten and Il:::::'eadeairall Il:::::'unds to I1::::1 ireaveant and I1:::::::nd Il llor�r16leassir�eass". ............................................................................................................................................................................................................................................................................................................................................................................................................................................................. D. Demonstrate sufficient resources dedicated to long-term permanent housing solutions, including capital and operating costs. E. Demonstrate a commitment to address racial disproportionality in homeless populations and achieve equitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness. F. Establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 —11 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 3 of 31 EXHIBIT A levels of planning and implementation, including through opportunities to hire people with lived experience. G. Fund projects that provide housing and services that are Housing First compliant, per HSC section 50234(f), and delivered in a low barrier, trauma informed, and culturally responsive manner. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving interim or permanent housing, or other services for which these funds are used. H. Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. 3. Definitions The following HHAP-5 program terms are defined in accordance with HSC section 50230, subdivisions (A) — (X): A. "Agency" means the Business, Consumer Services, and Housing Agency. B. "Applicant" means a Continuum of Care, city, county, or a region for purposes of the Regionally Coordinated Homelessness Action Plan requirements pursuant to this chapter. C. "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. D. "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. E. "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 12 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 4 of 31 EXHIBIT A coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. F. "Regionally Coordinated Homelessness Action Plan" means the regionally coordinated homelessness action plan described in Section 50233. G. "Council" means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. H. "Department" means the Department of Housing and Community Development. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. "Grantee" means an eligible applicant that has received its initial Round 5 base allocation or total Round 5 base allocation, as applicable. K. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. L. "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. M. "Homeless point -in -time count" means the most recently available point -in - time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 13 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 5 of 31 EXHIBIT A N. "Homeless youth" means an unaccompanied youth between 12 and 24 years of age who is experiencing homelessness, as defined in Section 725(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. O. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. P. "Jurisdiction" means a city, county, Continuum of Care, or tribe, as defined in this section. Q. "Memorandum of Understanding" has the same meaning as defined in subdivision (f) of Section 50233. R. "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. S. "Program" means Round 5 of the Homeless Housing, Assistance, and Prevention program, or Round 5, established pursuant to this chapter. T. 1) "Base program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in Section 50236. 2) "Homekey supplemental allocation" means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in Section 50237. U. "Recipient" means a jurisdiction that receives funds from HCD for the purposes of the program. V. 1) Except as set forth in paragraph 2) below, "region" means the geographic area served by a county, including all cities and Continuum of Care within it. A region that has a Continuum of Care that serves multiple counties may submit a plan that covers multiple Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 14 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 6 of 31 EXHIBIT A counties and the cities within them, or the Continuum of Care may participate in the Regionally Coordinated Homelessness Action Plan of each individual county that is part of the Continuum of Care along with the cities within the county. 2) All Continuums of Care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county. W. "Small jurisdiction" means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance. X. "Tribe" or "tribal applicant" means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code that is located in California. Additional definitions for the purposes of the HHAP-5 program: Allocations: "Initial HHAP-5 Base Allocation": fifty percent (50%) of the eligible city, county, or Continuum of Care's HHAP-5 allocation. "HHAP-5 Planning Allocation": one hundred percent (100%) of the eligible city, county, or Continuum of Care's HHAP Round 5 planning allocation. "Initial Supplemental Funding Allocation": one hundred percent (100%) of the eligible city, county, or Continuum of Care's share of the one hundred ($100) million Supplemental Allocation. "Remainder Disbursement": the remaining fifty percent (50%) of the eligible city, county, or Continuum of Care's HHAP- 5 base allocation. "Obligate": means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-5 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 15 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 7 of 31 EXHIBIT A "Expended": means all HHAP-5 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4. Scope of Work A. The Scope of Work ("Work") for this Agreement shall include uses that are consistent with HSC section 50234, subdivision (a) (1), and section 50236, and any other applicable laws. B. HHAP-5 Planning Allocation funds are for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan required as part of the HHAP-5 regional application. Any Planning Allocation funds that are not spent on the preparation of the HHAP-5 application must be expended consistent with the purpose and requirements of the HHAP-5 program, as described below. C. Provided that before proposing to use HHAP-5 resources to fund new interim housing solutions, the applicant first demonstrates that the region has dedicated sufficient resources from other sources to long-term permanent housing solutions, including capital and operating costs, allowable uses of HHAP-5 base program allocation funds include all of the following- 1 ) Permanent housing solutions, including all of the following: a) Rental subsidies, including to support placement of individuals in Community Assistance, Recovery and Empowerment (CARE) Court. b) Landlord incentives, such as security deposits, holding fees, funding for needed repairs, and recruitment and relationship management costs. c) Move -in expenses. d) Operating subsidies in new and existing affordable or supportive housing units serving people experiencing homelessness, including programs such as Homekey, new or existing residential care facilities, funded by the Behavioral Health Continuum Infrastructure Program or the Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 16 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 8 of 31 EXHIBIT A Community Care Expansion Program. Operating subsidies may include operating reserves. e) Homelessness prevention through rental assistance, rapid rehousing, and other programs, so long as they prioritize households at imminent risk of homelessness or households with incomes at or below thirty percent (30%) of the area median income, who pay more than fifty percent (50%) of their income in housing costs, and who meet criteria for being at highest risk of homelessness through data -informed criteria. f) Problem -solving and diversion support programs that prevent people at risk of or recently experiencing homelessness from entering unsheltered or sheltered homelessness. g) Services for people in permanent housing, so long as the services are trauma -informed and practice harm reduction, to include intensive case management services, assertive community treatment services, critical time intervention services, other tenancy support services, evidence -based employment services, coordinating mental health, substance use, and primary care treatment, or other evidence -based supportive services to increase housing retention. h) Capital for permanent housing that serves people experiencing homelessness, including conversion of underutilized buildings or existing interim or transitional housing into permanent housing. 2) Interim housing solutions, including all of the following: a) Navigation centers that are low barrier, as defined in Sections 65660 and 65662 of the Government Code, to include any of the following: b) Operating expenses in existing congregate shelter sites. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 17 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 9 of 31 EXHIBIT A c) Operating expenses in new or existing non -congregate shelter sites and transitional housing for youth. d) Motel or hotel vouchers. e) Services provided to people in interim housing, to include trauma -informed and evidence -based intensive case management services, housing navigation, connecting people to substance use or mental health treatment, public benefits advocacy, and other supportive services to promote stability and referral into permanent housing. f) Capital funding to build new non -congregate shelter sites, including for construction, rehabilitation, and capital improvements to convert existing congregate sites into non - congregate sites. g) Capital funding for clinically enhanced congregate or non - congregate shelter sites. h) Youth -focused services in transitional housing. 3) Service provisions and systems support including all of the following: a) Services for people experiencing unsheltered homelessness, including street outreach, including, but not limited to, persons experiencing homelessness from encampment sites and those transitioning out of encampment sites funded by the program known as the Encampment Resolution Funding Grant consistent with HSC Section 50251 to access permanent housing and services. This includes evidence - based engagement services, intensive case management services, assertive community treatment, housing navigation, harm reduction services, coordination with street - based health care services, and hygiene services for people living in encampments and unsheltered individuals. b) Services coordination, which may include access to workforce, education, and training programs, or other Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 18 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 10 of 31 EXHIBIT A services needed to promote housing stability in supportive housing. c) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth. d) Improvements to existing emergency shelters to lower barriers and increase privacy. e) Any new interim sheltering funded by Round 5 funds must be low -barrier, comply with Housing First practices as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters. 4) In addition to the eligible uses described above, the Grantee's expenditure of its entire HHAP-5 Base Allocation must also comply with the following: a) At least ten percent (10%) of the funds shall be spent on services for homeless youth populations. b) Not more than seven percent (7%) of funds may be used for administrative costs incurred by the city, county, or Continuum of Care to administer its program allocation. For purposes of this Agreement, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. Grantee shall perform the work only in the areas as identified, and in accordance with any guidance from HCD. 5) Contract Coordinator HCD's Contract Coordinator for this Agreement is HCD's Grants Program Design Section Chief or their designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be sent to the HCD Contract Coordinator electronically. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 19 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 11 of 31 EXHIBIT A The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: California Department of Housing City of Santa Ana & Community Development SECTION/UNIT: Policy and Program Support ADDRESS: 651 Bannon St SW, Suite 400 20 Civic Center Drive, Sacramento, CA, 95811 Santa Ana, CA 90262 CONTRACT COORDINATOR Jeannie McKendry Mishaun Watkins PHONE NUMBER: (916) 490-9589 (562) 637-5405 EMAIL 'C)�cr��l��n � ...........................................iir9in............. rriwatlkins air a.o�r ADDRESS: �clrlrlic�%,r.� a' ,,,ro,,,,,,,,,,,,,,,,,,,, ,,, „....... ......... All requests to update the Grantee information listed within this Agreement shall be emailed to the HPD Homelessness Grants general email box at .............................ro....ro...'....'..........ro...' cagy. HCD reserves the right to change their ::::IIII::.:::::III::::::II r.rnc 12saine ...rir i.nts..�., Ir cd. representative and/or contact information at any time with notice to the Grantee. 6) Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon approval by HCD (indicated by the signature provided by HCD in the lower left section of page one, Standard Agreement, STD. 213), and when signed by all parties. Funds will be disbursed in accordance with Section 4 of Exhibit B. B. This Agreement shall terminate on June 30, 2029. C. On or before January 1, 2026, a Grantee shall submit to the Department an updated Regionally Coordinated Homelessness Action Plan, which shall include updates on the metrics and key actions to improve these metrics, which shall be reviewed and approved by HCD pursuant to HSC 50235 subdivision (h). A Grantee shall contractually obligate no less than seventy-five percent (75%) and shall expend no less than fifty percent Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 20 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 12 of 31 EXHIBIT A (50%) of their initial fifty percent (50%) HHAP-5 base allocation disbursement by June 30, 2026. This excludes both the HHAP-5 planning and Initial Supplemental Allocations. Upon demonstration by a recipient Grantee that it has complied with both of these requirements, the Department shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 base allocation pursuant to HSC Section 50235. 1) Grantee will demonstrate compliance with these obligation and expenditure requirements through monthly fiscal reports and by completing a certification documentation in the form and manner provided by HCD. D. If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 base allocation, and HCD shall not allocate to the recipient the remaining fifty percent (50%) of its HHAP-5 base allocation, unless both of the following occur: 1) On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay. 2) HCD approves the alternative disbursement plan. If a Grantee does not satisfy these requirements, HCD shall have the discretion to allocate the unused funding in a manner prescribed by HCD. If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2027, the funds shall be returned to HCD to be allocated as supplemental awards in accordance with Health and Safety Code Section 50237. E. All HHAP-5 funds, including base allocations, planning allocations, and supplemental funding, shall be expended by June 30, 2028. F. Any funds, including planning allocations and supplemental funding, not expended by June 30, 2028, shall revert to, and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50235 subdivision (m). Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 21 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 13 of 31 EXHIBIT A G. HCD may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements. 7) Capacity and Authority to Contract A. By signing this Agreement, the Grantee is certifying that it has the capacity and authority to fulfill the obligations enumerated in this agreement. The Grantee further represents that it is authorized to execute this Agreement. B. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 22 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 14 of 31 EXHIBIT B BUDGET DETAIL AND DISBURSEMENT PROVISIONS Payee Name: City of Santa Ana Amount: $ 5,878,393.38 2. Budget Detail & Changes A. The Grantee agrees that HHAP-5 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best -practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. B. The Grantee shall expend the HHAP-5 funds on eligible activities as detailed in HSC 50234, subdivision (a)(1)(A) and 50236 and as described in the grantees latest approved HHAP-5 funding plan. C. Any changes to the Grantee's budget must be approved in writing by HCD prior to incurring expenses. 3. General Conditions Prior to Disbursement A. All Grantees must submit the following forms prior to this HHAP-5 allocation being released: 1) Request for Funds Form ("RFF"). 2) STD 213 Standard Agreement form and Exhibits A through E. 3) STD 204 Payee Data Record or Government Agency Taxpayer ID Form. 4. Disbursement of Funds A. Initial Disbursement Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Pre City ounci 8 — 23 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 15 of 31 EXHIBIT B 1) The Initial Disbursement of the HHAP-5 allocation includes the initial HHAP-5 base allocation, HHAP-5 planning allocation, and initial supplemental allocation. These funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by HCD. 2) The Initial disbursement of HHAP-5 funds will be disbursed in one allocation, and issued to the Grantee, identified on the Payee Data Record Form or Government Agency Taxpayer ID Form. B. Remainder Disbursement 1) HCD will disburse the remaining fifty percent (50%) of HHAP-5 base allocation upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its initial Round 5 base allocation, as described below, and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan that includes updates on measures and illustrates the advancement of key actions outlined in the original Regionally Coordinated Action Plan to improve those measures, as outlined in Section 50235(h). a) A Grantee shall contractually obligate no less than seventy- five percent (75%) and shall expend no less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026. This excludes both the HHAP-5 planning allocation and the supplemental allocation. Upon demonstration by a grantee that it has complied with this requirement and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan, HCD shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 program allocation pursuant to Section 50234. b) If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 program allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 program allocation, and HCD shall not allocate to the recipient the Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 24 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 16 of 31 EXHIBIT B remaining fifty percent (50%) of its HHAP-5 program allocation, unless both of the following occur: On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay. HCD approves the alternative disbursement plan. If HCD cannot approve an alternative disbursement plan, HCD will provide the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. c) HCD may withhold the remaining fifty percent (50%) of HHAP-5 program allocation funds from a jurisdiction that repeatedly failed to take action as specified in its Regionally Coordinated Homelessness Action Plan, or that took actions adverse to achieving the plan objectives provided pursuant to Section 50233, until such time the jurisdiction demonstrates to HCD they are in substantial compliance with the requirements of HSC 50235 subdivision (h). 5. Expenditure of Funds All HHAP-5 funds must be spent consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236 and in alignment with the Grantee's latest, approved funding plan. 6. Ineligible Costs A. HHAP-5 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236. B. HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-5 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 25 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 17 of 31 EXHIBIT B C. An expenditure which is not authorized by this Agreement, or by written approval of the Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be immediately repaid to HCD by the Grantee. A Grantee shall be prohibited from applying for future HHAP funds until they have repaid these funds to HCD. HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-5 fund expenditures. D. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the Grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time -limited city and/or county tax or one-time block grant. E. Program funds shall not be used to supplant existing Encampment Resolution Funding Grant funds provided under HSC section 50251. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 26 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 18 of 31 EXHIBIT D HHAP GENERAL TERMS AND CONDITIONS Termination and Sufficiency of Funds A. Termination of Agreement HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in p,„ir,q„irk„y„Irk 2f ,Ir,ii, If ........ ,Ir,ii,N,ii; ,ll; violation of any federal or state laws; or withdrawal of HCD's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within thirty (30) days of HCD's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner. 2. Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, I::::::..Ir�iibi .....IC:::......Se ctipir�.......:11.........��� eaciall Conditions......... except as allowed within................................................................... „IEa. in. to es Su„N „ir „irk„ ca,e.), or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation. 3. Grantee's Application for Funds Grantee has submitted to HCD an application for HHAP-5 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. HCD is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 27 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 19 of 31 EXHIBIT D requested through the formal HHAP Budget Modification Request Process and are subject to approval by HCD. Grantee warrants that all information, facts, assertions, and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. Reporting/Audits A. Reporting Requirements 1) Annual Report: Grantees will be responsible for submitting an annual report no later than April 1 each year following the receipt of funds until all funds are fully expended. The annual report will contain detailed information on program activities in accordance with HSC sections 50221, 50222, and 50223, and be submitted in the form and method provided by HCD. The annual report must provide information on activities through the prior calendar, including, but not limited to, an ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses, as well as any additional information HCD deems appropriate or necessary. 2) Monthly Fiscal Report: Grantees will be responsible for submitting a monthly fiscal report in accordance with HSC section 50223, in the form and method provided by HCD. The monthly fiscal report must provide information, including but not limited to, the obligation and expenditure status of the program funds by eligible uses category. 3) Final Report: Grantees will be responsible for submitting a final report in accordance with HSC section 50223 no later than April 1, 2029, and must be submitted in the form and method provided by HCD. The final report must provide information, including but not limited to, detailed uses of all program funds. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 28 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 20 of 31 EXHIBIT D 4) HMIS/HDIS Reporting: Grantees and their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021), and that data must be shared quarterly with the statewide Homeless Data Integration System (HDIS). As part of reporting responsibilities in accordance with HSC sections 50221, 50222, and 50223, Grantees must ensure proper recording of activities associated with these program funds. This is intended to efficiently capture many of the non -fiscal reporting responsibilities required under HSC sections 50221, 50222, and 50223. HCD will make efforts to utilize statewide Homeless Data Integration System to fulfill grantee reporting requirements under HSC sections 50221, 50222, and 50223, however improper reporting into that system may require HCD to seek additional information directly from Grantees. Grantees may also be required to accept training and technical assistance in this area if their HMIS/HDIS is not properly tracked and shared. 5) HCD may require additional supplemental reporting with written notice to the Grantee. 6) Grantee may, at their discretion, fully expend their HHAP-5 allocation prior to the end date of the grant term and will not be required to submit monthly fiscal reports after the month in which their allocation was fully expended. B. Auditing HCD reserves the right to perform or cause to be performed a financial audit. At HCD's request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-5 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions- 1) The audit shall be performed by an independent certified public accountant. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 29 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 21 of 31 EXHIBIT D 2) The Grantee shall notify HCD of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor's working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits. 4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within ninety (90) days from the date of the audit finding report. 5. Inspection and Retention of Records A. Record Inspection HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCD, or its designee, with any relevant information requested. The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-5 program guidance document published on the website, and this Agreement. In accordance with HSC section 50220.8, subdivision (m), if upon inspection of records HCD identifies noncompliance with grant requirements, HCD retains the right to impose a corrective action plan on the Grantee. B. Record Retention The Grantee further agrees to retain all records described in subparagraph (A) for a minimum period of five (5) years after the termination of this Agreement. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 30 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 22 of 31 EXHIBIT D If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. C. Public Records Act The Grantees' final HHAP-5 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. 6. Breach and Remedies A. Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: 1) Grantee's failure to comply with the terms or conditions of this Agreement. 2) Use of, or permitting the use of, HHAP-5 funds provided under this Agreement for any ineligible activities. 3) Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of Agreement In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may: 1) Bar the Grantee from applying for future HHAP funds. 2) Revoke any other existing HHAP award(s) to the Grantee. 3) Require the return of any unexpended HHAP-5 funds disbursed under this Agreement. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 31 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 23 of 31 EXHIBIT D 4) Require repayment of HHAP-5 funds disbursed and expended under this Agreement. 5) Require the immediate return to HCD of all funds derived from the use of HHAP-5 funds. 6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-5 requirements. C. All remedies available to HCD are cumulative and not exclusive. D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) days. 7. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions. 8. Nondiscrimination During the performance of this Agreement, the Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11006 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 32 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 24 of 31 EXHIBIT D Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, HSC section 50220.5, subdivision (i) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two (2) year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve (12) month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve (12) month period prior to his or her leaving State service. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 33 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 25 of 31 EXHIBIT D C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug -Free Workplace Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, section 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). A. Establish a Drug -Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1) The dangers of drug abuse in the workplace. 2) Grantee's policy of maintaining a drug -free workplace. 3) Any available counseling, rehabilitation, and employee assistance program; and 4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 34 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 26 of 31 EXHIBIT D B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement- 1 ) Will receive a copy of Grantee's drug -free policy statement, and 2) Will agree to abide by terms of Grantee's condition of employment or subcontract. 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12. Special Conditions — Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibits C and D. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-5 funds. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 35 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 27 of 31 EXHIBIT D 1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. 2) Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. 3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. 4) Agree to include all the terms of this Agreement in each subcontract. B. The Grantee shall monitor the activities of all subgrantees to ensure compliance with all requirements under the HHAP program. As requested by HCD, the Grantee shall provide to HCD all monitoring documentation necessary to ensure that Grantee and its subgrantees are in continued compliance with HHAP requirements. Such documentation requirements shall be provided by HCD when the information is requested. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the HHAP-5 program, the Grantee, its subrecipients, and all eligible activities. The Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. The Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 36 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 28 of 31 EXHIBIT D environmental protection, procurement, and safety laws, rules, regulations, and ordinances. The Grantee shall provide copies of permits and approvals to HCD upon request. 14. Inspections A. The Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. C. The Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the Initial terms of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 37 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 29 of 31 EXHIBIT E SPECIAL TERMS AND CONDITIONS All proceeds from any interest -bearing account established by the Grantee for the deposit of HHAP-5 funds, along with any interest -bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-5 funds, must be used for HHAP-5-eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest -bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest - bearing accounts. 2. Per HSC section 50234 subdivision (f), any housing -related activities funded with HHAP-5 funds, including but not limited to emergency shelter (per HSC section 50236 subdivision (c)(3)(E), rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-5 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re -housing, and longer -term interventions like supportive housing. 3. The Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-5-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-5 funding (e.g., by creating appropriate HHAP-5-specific funding sources and project codes in HMIS). 4. The Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the HMIS in accordance with their existing Data Use Agreements, and as required by HSC sections 50234(b) and 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the Homeless Management Information System, or the State Homeless Data Integration System (HDIS), which compiles all HMIS data into a statewide data warehouse, shall not be subject to public inspection or disclosure under the California Public Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 38 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 30 of 31 EXHIBIT E Records Act. For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, HCD, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5. The Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD and report to HCD on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 6. The Grantee agrees to demonstrate a commitment to racial equity and, per HSC section 50222 subdivision (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCD, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19. 7. The Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. 8. HCD reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. 9. The Department represents that the intent of II,;;;;;;.x1h,ii„bi„ II....... ,ca,c 1 in ,11 illy is only to preserve the legislature's ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non -bond funds referenced in Homeless Housing, Assistance and Prevention Program, Round 5 Notice of Funding Availability dated September 29, 2023 for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of ll;;;:::xl�ii_bi II ) Sect.ion 11(ID.) once construction has commenced in compliance with Program requirements and in Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 39 3/18/2025 EXHIBIT 2 City of Santa Ana 24-H HAP-10007 Page 31 of 31 EXHIBIT E accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement. Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 "HHAP-5" NOFA Date: September 29, 2023 Approved Date: August 8, 2024 Prep Date: November 1, 2024 City Council 8 — 40 3/18/2025 M m X W N N � M M CO a? f6 00 V V (O 'I- M 0 M M V N I� R V O_ M_ M_ a? O M M al Cl) LO M M M 'a N r- M m N N O 00 (O M M (O M M R OO M V NMMMM r OVO 3 Q W 00wr- 00 °r°vr-m n Y V O_ CO- CO- 00 00 M_ 00 (O C co In In 00 In 00 le O E Q f f f E& ( f E �69 f R � O O > C C C C C 'a C In O 00 (O M M In N OO OO 00 OO M � N M N In I- r In N O N CO CO O CO N a? O In co (O V 00 In co In - co co (O M O O 00 I- O r O In r O O O) N O) V Q In r O) (O 00 00 M O [- V M M I- M 00 (O 00 00 I- N V I- (O 00 r 00 00 (O 00 O) O I- (O In O N r O r O r r I- I- O R L L 00 In 00 le O U U o U 0 U o > N c 7 rn L cU o U U ° o > >U Ec a� rn t d mU E O Oo UU0 c Uo � Oc NU N w Oa B UM) °N°c o0N~'E N 03 aJ ° Lu >)U a U UQ mU z d cu W �p 7 Q U O � U co co N a� 0 0 U E c c 3 H U U O 0 o U 0o c cm m -a rn o > 00 o z O � w c) u, 0 U LO N O N co (Y) [So] �, Public Works Agency www.santa-ana.org/pw Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Bristol -Tolliver Street Urban Greening Project AGENDA TITLE Approve Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. for the Bristol -Tolliver Street Urban Greening Project (Project No. 24- 6600) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $1,500,000 in prior year fund balance in the Federal Clean Water Protection Fund, Prior Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account (No. 05717640-66220). (Requires five affirmative votes.) 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to add $1,500,000 of Federal Clean Water Protection Enterprise funding for the Bristol -Tolliver Street Urban Greening Project (No. 24-6600). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,581,808, which includes $3,808,800 for the construction contract, $392,128 for contract administration, inspection, and testing, and $380,880 project contingency for unanticipated for unforeseen work. 4. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in the amount of $3,808,800, for construction of the Bristol -Tolliver Street Urban Greening Project, for a term beginning March 18, 2025 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-2024-110 was filed with the Orange County Clerk - Recorder for the project. GOVERNMENT CODE 484308 APPLIES: No City Council 9-1 3/18/2025 Bristol -Tolliver Street Urban Greening Project March 18, 2025 Page 2 DISCUSSION The Public Works Agency (PWA) Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the City. In March 2018, City Council approved the Bristol Specific Plan amendment. The Bristol Specific Plan designated the parcel on the corner of Bristol Street and Tolliver Street as park land (Exhibit 1). In January 2023, City Council approved a resolution to apply for grant funding from the California Natural Resources Agency's Urban Greening Grant Program (No. 2023-002). On April 2023, the City was awarded $3,502,000 for the Bristol -Tolliver Street Urban Greening Project (Project). The Project will transform approximately 1.25- acres of vacant, City -owned parcels into a new neighborhood park. Of the awarded funds, approximately $420,692 was allocated to consultant design services and grant management, leaving a remaining budget of $3,081,808 for the construction of the Project. The project features a stormwater bioretention basin and stormwater harvest/reuse system for the park's irrigation. The project also includes play equipment and adult fitness equipment with shade structures, pedestrian pathways, lighting, picnic areas, educational signage, and drought tolerant landscaping (Exhibit 2). A skate park and basketball court were included in the project's final design; however, funding has not been identified to construct these features so they are not currently included in the construction contract. Turf will be installed in these locations until funding is identified and these features could be installed as Phase II of the project. The project will improve water quality in the Newport Bay watershed and enhance recreational opportunities for the community. 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. Contractor Participation This project was originally advertised for bid on December 19, 2024, with bids due on January 23, 2025. To provide an opportunity for local vendors to submit bids, the City notified 1,743 regional vendors via PlanetBids, many of which are Santa Ana based. Thirteen vendors requested bidding documents, and a total of 13 bids were received. One bid was received from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on December 23, 2024, December 30, 2024, and January 6, 2025. The project was also advertised in PlanetBids from December 19, 2024 through January 23, 2025. Bids were received electronically via PlanetBids on January 23, 2025. City Council 9-2 3/18/2025 Bristol -Tolliver Street Urban Greening Project March 18, 2025 Page 3 Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Legion Contractors, Inc. Los Angeles, CA $3,808,800 2 Los Angeles Engineering Inc. Covina, CA $3,952,000 3 Environmental Construction, Inc. Woodland Hills, CA $4,193,762 4 Vido Samarzich, Inc. Rancho Cucamonga, CA $4,278,980 5 KYA Services, LLC Santa Ana, CA $4,335,630 6 Urban Habitat La Quinta, CA $4,408,919 7 C.S. Legacy Construction, Inc. Walnut, CA $4,426,892 8 PCN3, Inc. Los Alamitos, CA $4,481,156 9 Bedrock Group, Inc. La Canada, CA $4,610,020 10 CEM Construction Corp Montebello, CA $4,883,195 11 GMZ Engineering, Inc. Westlake Village, CA $5,052,140 12 Pub Construction Inc. Diamond Bar, CA $5,590,108 13 Lonerock, Inc. Irvine, CA $5,994,110 A total of 13 bids were received. Legion Contractors, Inc. submitted the lowest responsive base bid in the amount of $3,808,800 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. Bid Alternative items were also included in the project specifications for a basketball court and skate park, however budget has not been identified for these items so they are not included in the contract award. Legion Contractors, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, including the completed construction of Gerardo Mouet Park and the current construction on the New Outdoor Library at Jerome Park project. The contractor satisfactorily completed these projects and staff recommends awarding the construction contract to Legion Contractors, Inc. for construction of the Project (Exhibit 4). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the City Council 9-3 3/18/2025 Bristol -Tolliver Street Urban Greening Project March 18, 2025 Page 4 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 and as summarized in the table below, the estimated total construction delivery cost of the project is $4,581,808. Project Item Total Construction Contract Bid Amount $3,808,800 Construction Administration 230,000 Inspection 75,000 Testing 87,128 Project Contingencies (10%) 380,880 TOTAL CONSTRUCTION DELIVERY COST $4,581,808 Proiect Schedule and Contract Time The completion date is January 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 160 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Specifications, which exclude weekends, City -observed holidays, and inclement weather days that prevent work. The projected project schedule is provided below. Proiect Milestones Milestone Estimated Completion Notes Date Administrative Startup April 2025 Contract execution, bonds, insurance Material Procurement April -May 2025 Lead times may affect schedule Contractor Mobilization May 2025 Start of construction activities Project Completion January 2026 Based on 160 working days Proiect Phasing The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Project features not included in this contract, such as the Skatepark and City Council 9-4 3/18/2025 Bristol -Tolliver Street Urban Greening Project March 18, 2025 Page 5 Basketball court, may be incorporated as a future project, subject to funding and will be presented to City Council for approval. Public Outreach Staff attended several Central City and Pico -Lowell neighborhood association meetings to solicit input and provide presentations about the Project. Staff will distribute construction update materials to the community prior to the project starting construction. The contractor is also required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Sections 15303 (Class 3), 15304 (Class 4), and 15332 (Class 32) of the CEQA guidelines as the project constitutes construction of a limited number of small facilities or structures, minor alterations to land which do not involve the removal of trees, and an in -fill development project. The project continues these parameters of the CEQA guidelines and Categorical Exemption Environmental Review No. ER-2024-110 was filed with the Orange County Clerk -Recorder for the project (Exhibit 5). A Notice of Exemption Explanation of Qualification Report was also prepared by the Design consultant, which includes project design features to mitigate environmental impacts. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,581,808. 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 presented to City Council for approval to carry forward to Fiscal Year 2025-2026 (Exhibit 6). The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Should additional contingency is necessary due to unforeseeable conditions, staff will return to City Council for authorization and appropriation.. With approval of the requested appropriation adjustment, portions of the accumulated fund balance will be appropriated for spending in the Federal Clean Water Protection Enterprise, Improvements Other Than Building Account (No. 05717640-66220). The spendable portion of the Federal Clean Water Protection Enterprise fund balance is estimated to be $6,126,265 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $1,500,000. The funds will be budgeted and available for this item in the accounts below. City Council 9-5 3/18/2025 Bristol -Tolliver Street Urban Greening Project March 18, 2025 Page 6 Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Description Account No. Amount (Project No.) Description Current Budget PWA Public Works — Water 2024-25 16417640-66220 Enterprise Quality and Control, $3,081,808 (24-6600) Capital Improvements Other Than Grants Buildings Appropriation Adjustments Federal Federal Clean Water 2024-25 05717640-66220 Clean Water Protection Enterprise $1 500 000 (24-6600) Protection Improvements Other Than Enterprise Buildings Total $4,581,808 EXHIBIT(S) 1. Location Map 2. Project Exhibit 3. Bid Proposal 4. Construction Contract 5. Environmental Documentation 6. FY 2024-25 Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 9-6 3/18/2025 I*A:ii;1116i TOLLIVER SIT, Emm SANTA ANA P�� Project No. 24-6600: It Bristol -Tolliver Street Urban Greening Project PUBLICWORKS AGENCY Location Map 1 C TIC N MAP City Council 9-7 3/18/2025 W W W � „ co Q L/orb l�i u W Q fO l 1 'pant, 1 II dllflIflI , ��Yfjd plat., > z u z o� W t � Q � 1W.7 W U iIIA�OYMp z Z = u W W 1 z Q W 1 u � m > H 0 H W z z _ z C H z z a z J Q W 1 1 CIO) I�l��i) 3 , 133a1S U3AIII01 2 Y Z Mo, CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove CMU Wall and Foundation $ $ 20 LF 200.25 4,005.00 2 Remove Decorative Chain -link Fence $ 15 $ 9,225 615 LF 3 Protect, Modify, and Adjust to Grade $ $ Existing Irrigation System 1 LS 16,000 16,000 4 Remove and Reinstall Existing Sign on $ $ Fence 1 EA 2,000 2,000 5 Remove Existing Sign and Post 2 EA $ 500 $ 1,000 6 Clearing and Grubbing $ $ 50,200 SF 2 100,400 7 Unclassified Excavation and Export* $ $ 1,820 CY 110 200,200 8 Unclassified Excavation, Stockpile, and $ 65 $ Reuse for Backfill* 1,295 CY 84,175.00 9 Imported Fill* $ $ loo CY 200 20,000 10 Remove Pedestrian Light Pole and $ $ Foundation. Salvage and deliver pole to 7 EA 500 3,500 city. 11 Remove Pedestrian Lighting Conduit and 1 LS $ 10,000 $ 10,000 Wire 12 Locate, Cut and Cap Existing Sanitary 10 EA $ 2,500 $ 25,000 Sewer Lateral 13 Adjust Utility Surface Feature to Grade $ $ (Water Meter, Gas Valve, or Electrical 3 EA 6,000 18,000 Pullbox) City Council 9-9 3/18/2025 P-1 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 14 Remove and Replace Water Valve Frame 1 EA $ 3,000 $ 3,000 and Cover. Adjust to Grade. 15 Install 8" Dual Wall HDPE Pipe $ $ Including Trenching, Removal, Bedding, 190 LF 300 57,000 and Backfill (Mod C. S.A. STD PLAN 1150 16 Install 4" Dual Wall HDPE Pipe $ $ Including Trenching, Removal, Bedding, 55 LF 220 and Backfill (Mod C.S.A. STD PLAN 12,100 1150 17 Install Hydrodynamic Separator $ $ Including Excavation, Removal, and 1 EA 75,000 75,000 Backfill 18 Construct 16"xl6" Curbside Grating $ $ Catch Basin with Insert Filter and No 2 EA 8,500 17,000 Dumping Stencil Incl. Excavation, Removals, and Backfill 19 Construct 24"x24" Junction Box with $ $ Orifice Plate Incl. Excavation, Removals, 2 EA 11,500 23,000 and Backfill 20 Construct 7.5' Long Slot Drain with No $ $ Dumping Stencil and Including 4' Lateral 1 LS 23,000 23,000 Connection to Structure 21 Construct Low Flow Diversion Culvert $ 220 $ 26,400 120 SF 22 Install Underground Stormwater Cistern $ $ Including Risers, Collars, Manifold 1 LS 160,000 160,000 Piping, Excavation, Shoring, Removals, Bedding, Geotextiles, and Backfill 23 Install Underground Storage Cistern $ $ Pump, Mechanical Skid, Appurtenances, 1 LS 140,000 140,000 and Concrete Pad 24 Construct 2" Sch 80 PVC Pipe (Cistern $ $ Pump to Skid) Incl. Trenching, 45 LF 270 12,150 Removals, Bedding, and Backfill 25 Construct 4" Sch 80 PVC Pipe (Skid to $ 200 $ 13,000 Basin) Incl. Trenching, Removals, 65 LF Bedding, and Backfill 26 $ $ Install 2" Isolation Valve in Valve Box 2 EA 3,500 7,000 27 Construct Bioretention Basin with $ $ Underdrains Including Excavation, 95,000 95,000 Geotextiles, Removals, Underdrains, 1 LS Cleanouts, Soil, Stone, and Riprap Inlet Protection 28 Construct 24"x24" Grated Catch Basin 1 EA $ 8,500 $ 8,500 with Inlet Filter and No Dumping Stencil 29 Install Submersible Pumps, Duplex $ $ Control Panel with Enclosure, Precast 1 LS 95,000 95,000 Manhole, Vent, and Appurtenances Incl. City Council 9 — 10 3/18/2025 P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount Excavation, Removals, Bedding, and Backfill 30 Construct 3" Sch 80 PVC Pipe (Pump $ $ Manhole to Curb) Incl. Trenching, 80 LF 160 12,800 Removals, Bedding, and Backfill 31 Install 6" Perforated Single Wall HDPE $ $ Pipe Incl. Filter Sock, Drainage Stone, 145 LF 110 15,950 and Non -Woven Geotextile 32 Install Shallow 6" Dual Wall HDPE Pipe $ $ Incl. Trenching, Removals, Bedding, and 400 LF 200 80,000 Backfill Detail E, Sheet DD-06 33 Install Shallow 8" Dual Wall HDPE Pipe $ $ Incl. Trenching, Removals, Bedding, and 60 LF 300 18,000 Backfill Detail E, Sheet DD-06 34 Install Shallow 12" Dual Wall HDPE $ $ Pipe Incl. Trenching, Removals, 420 LF 180 75,600 Bedding, and Backfill (Detail E, Sheet DD-06 35 Install Underdrain Cleanout in Paved $ $ Area Including Cast Iron Frame and 9 EA 2,500 22,500 Cover 36 Install 1" Water Service (Water Main $ $ 18,000 Point of Connection to Meter) 1 LS 18,000 37 Install 2" Water Service (Water Main 1 LS $ 22,000 $ 22,000 Point of Connection to Meter) 38 Construct 1" Sch 80 PVC Water Line $ $ Including Trenching, Removals, 415 LF 75 31,125 Bedding, and Backfill 39 Construct 2" Sch 80 PVC Water Line $ $ Including Trenching, Removals, 115 LF 95 10,925 Bedding, and Backfill 40 Install 1" Pressure Reducing Valve in $ $ Vault 1 EA 5,000 5,000 41 Install Make-up Water Trough Valve 1 EA $ 12,000 $ 12,000 42 Install 2" Backflow Prevention Assembly 1 EA $ 10,000 $ 10,000 with Enclosure 43 Construct 12"X12" Catch Basin with $ $ Atrium Grate (NDS or Approved Equal). 13 EA 3,000 39,000 Incl. Excavation, Removals, Backfill, and Risers 44 Construct Venting Catch Basin and $ $ Piping Incl. Trenching, Removals, 1 LS 40,000 40,000 Bedding, and Backfill 45 Install Drinking Fountain, 3/4" Service $ $ Lateral with Valve, and Drainage Sump 2 EA 12,500 25,000 with Access Box and Overflow Piping 46 Construct Asphalt Concrete Pavement $ $ 485 SF 15 7,275 City Council 9 —11 3/18/2025 P-3 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 47 2" Cold Mill and Overlay 3,470 SF $ 9 $ 31,230 48 Install Detectable Warning Surface at $ $ 9,000 Alley 60 SF 150 49 Construct 8" Thick PCC Alley, $ $ Driveway, Curb, and Gutter Pavement 2,450 SF 45 110,250 per C.S.A Plan No. 1111 50 Construct 8" Thick PCC Longitudinal $ $ 8,000 Gutter 40 SF 200 51 Construct 4" Thick PCC Sidewalk with $ $ Integral Color 8,460 SF 24 203,040 52 Construct 8" Thick PCC Vehicular Rated $ $ Sidewalk with Integral Color, Curb, and 490 SF 45 22,050 Curb Opening 53 Construct PCC Curb Ramp Incl. Curb, 140 $ $ Gutter, and Detectable Warning Surface 260 SF 36,400 54 Install Continental Crosswalk Striping. $ $ Remove and Reinstall Stop Bar, Stop 1 LS 20,000 20,000 Marking, and Turn Arrow. 55 Construct Crushed Miscellaneous Base $ 120 $ 163 CY 19,560 56 Construct 6" Wide Concrete Header $ 75 $ 480 LF 36,000 57 Construct Poured -In -Place Rubber $ $ Surfacing Incl. Base Courses 3,640 SF 27.50 100,100 58 Construct Interlocking Concrete Pavers $ 40 $ 67,200 Incl. Base Courses 1,680 SF 59 Install Interpretive Signage 3 EA $ 4,000 $ 12,000 60 Install Entry Signage 2 EA $ 12,500 $ 25,000 61 Install General Park Signage 1 LS $ 10,000 $ 10,000 62 Construction Permit $19,410 $19,410 1 LS 63 SWPPP Preparation (Risk Level 2) and $ 30,000 $ 30,000 Implementation 1 LS 64 Urban Greening Program Funding $ 10,000 $ 10,000 Acknowledgement Sign 1 EA 65 Construct Removeable Bollard 3 EA $ 3,000 $ 9,000 66 Install Bench 10 EA $ 3,000 $ 30,000 City Council 9 - 12 3/18/2025 P-4 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 67 Install Picnic Table 4 EA $ 4,500 $ 18,000 68 Install Waste Receptacles (Includes $ $ Trash and Recycle; Furnished by City; 5 EA 1,000 5,000 Install Only) 69 Construct Playground Equipment and $ $ Shade Structure 1 LS 265,000 265,000 70 Construct Workout Equipment and $ $ Shade Structure 1 LS 75,000 75,000 71 Install Architectural Fencing $ $ 488 LF 285 139,080 72 Electrical Trenching Incl. Bedding and $ $ Backfill 1 LS 75,000 75,000 73 Install Electrical Conduit, Wiring, and $ $ Pullboxes 1 LS 85,000 85,000 74 Install 200A NEMA 3R Meter Pedestal, $ $ Lighting Control Panel in NEMA 3R Enclosure, NEMA 3R Enclosure for 1 LS 35,000 35,000 Security Camera System, and Concrete Pad 75 Install 14' Light Pole (includes post, $ $ footing, luminaire, excavation, and 14 EA 12,000 168,000 removals 76 Install 30' Camera Pole (includes post, $ $ footing, luminaire, cameras, excavation, 2 EA 20,000 40,000 and removals 77 Install 30' Sports Lighting Pole (includes $ $ post, footing, luminaires, excavation, and 2 EA 19,000 38,000 removals 78 Install Security Camera System $ $ Infrastructure Including Deferred System 1 LS 55,000 55,000 Design by Contractor 79 Install Landscaping Including Turf, $ $ Trees, Shrubs, Mulch, Soil Conditioning, Topsoil, Amendments, Fertilizers, 1 LS 85,000 85,000 Agronomic Testing, Supports, and Root Barriers 80 Install Landscape Boulders $ $ 6,650 19 EA 350 81 Install Irrigation System Including $ $ Piping, Tubing, Sleeves, Bubblers, Control Wiring, Valve Boxes, 1 LS 195,000 195,000 Controllers, Valves, Sensors, Quick Couplers, Drip Rings, Etc. 82 Plant Establishment (90 Days) $ $ 1 LS 5,000 5,000 City Council 9 — 13 3/18/2025 P-5 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 83 As -Built Plans $5,000 $5,000 1 LS Bid Alternates 1 Construct Skate Park Elements and $ $ Paving 1 LS 545,000 545,000 2 Construct 4" Thick Asphalt Concrete $ $ Basketball Court Including Striping, Colored Surface, and Perimeter Edging. 1 LS 235,000 235,000 Includes Basketball Hoop and Foundation TOTAL BASE BID $ 3,808,800.00 TOTAL ADD ALTERNATE BID $ 780,000.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred and sixty (160) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. precast structures, electrical equipment, light poles, playground and fitness equipment, shade structures, fabricated equipment). Work shall be completed by January 31, 2026. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5,200 per calendar day. City Council 9 — 14 3/18/2025 P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Name of Firm Legion Contractors, Inc. Signature of BIDDER Amir Movafegh Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Legion Contractors, Inc. - CA Corporation Amir Movafegh - President, Treasurer and Manager 4VV_ Saba Khoubanshargh - Secretary 4a'.�_ City Council 9 — 15 3/18/2025 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Legion Contractors, Inc. Signature of BIDDER Title President, Treasurer and Manager (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Saba Khoubanshargh - Secretary & Vice President City Council 9 — 16 3/18/2025 P-8 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Legion Contractors, Inc. Business Address: 445 S. Figueroa St., Ste 2580, Los Angeles, CA 90071 Business E-Mail Address: info@legioncontractors.com Telephone: 310-740-6640 State Contractor's License No. and Class: 1061257 - Class: A, B, C-15, C-36, C61/D12, C61/D34 License Expiration Date: 12/31 /2025 State Dept. of Industrial Relations (DIR) Registration No.: 1000543172 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: President 06/30/2027 City Council 9 — 17 3/18/2025 P-9 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Legion Contractors, Inc. Signature of BIDDER Title President (if an individual, so state) Amir Movafeqh City Council 9 — 18 3/18/2025 P-10 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.,: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT OWNERSHIP AFFIDAVIT STATE OF CALI FORNIA COUNTY OF ORANGE SS: CITY OF SANTA ANA Amir Movafegh being duly sworn, deposes and says: INDIVIDUAL That he/she is the party making the fbregoing proposal: PARTNERSHIP That lie/she is a member of the co -partnership, firm designated as: acid who has been and is duly vested with the authority to make and execute instruments for the co -partnership, by: who constitute the other inernbers of [he co -partnership. P� CORPORATION That he is of: -President a corporation which is making the foregoing proposal: 7JOINT VENTURE That lie is of-. one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are; that such a bid is genuine and not collusive or,liana, and has not in any irianner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contTor any other person. Signature of Bidder Amir Movafegh, President z) Subscribed and sworn to before me this,_ �. day of Signature of office rAdministering Oath (Notary Public) 20 City Council 9-19 3/18/2025 A notary public or other officer completing this certificate verifies only the identity of the indNjdual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 4" �,e S ANWFER J, K CL RK AR Notary Public - Catifornila LOS Anjeres County COMMIWon # 2477571 MY COmm. Expires Cec 26,, 2027 Place Notary Seal andlor Stomp Above Subscribed and sworn to (or affirmed) before me on this 2, 2- day of 20 by Date Month' Year (and (2) tojo Pe, Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person( ''who appeared before me. Signature SignotL Ire dl�otcrry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. - , , � , , Title or Type of Document: j 6( 1�-,w v-t (%,, �-) .( Document Date: Signer(s) Other Than Named Above: Cc )2019 National Notary Association Number of Pages: City Council 9-20 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 24-6600 BRISTOL-TOLIAVER STREET URBAN GREENING PROJECT KNOW ALL PRESENT that, —Leion Contractors, Inc. as BIDDER, and Great Midwest Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent Of The Total Amount Bid Dollars ($ 10% Of Bid _), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and, effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 9th day of January 2025. BIDDER* L qion Contractors, Inc, a4' By� A A AME Randy 'pohn, Attor y-in-FAt, 1633 E. Fourth Street, Suite Subs ribed and s orn to before me Signature: 445 S. Figueroa St., Suite 2580 Los Angeles, CA 90071 41 8010 Gessner Road, Suite 600 Houston, TX 770,24 Telelphom, (720) 912-0640 Santa Ana, CA 92701, Telephone: (714) 541-4700 this _ day of Notary Public iu and for the County of State of Provide BIDDER/ SURETY name,, address, and telephone number and! the name, title, address, and telephone number of authorized representative. City Council F_ � z 0' NL 21 3/18/2025 POWER OF ATTORNEY Great Mdwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal n Houston, TX, does hereby constitute and appoint: Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn Iits true and lawful Attorney(s)-1 n- Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or oth writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT M 1INSURANCE COMPANY, on the V day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other per -son or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Twenty -Five Million dollars ($25,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company, Any Attorney-11 n- Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, the signature of the Secretary, and the seal of the Company may be, affixed by facsimile to any certificate of any such power and any such er or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed oerfificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and i Corporate Seal to be, affixed this 1 1th day of February, 2021, GREAT MIDWEST INSURANCE COMPANY BY HMJ� 0 Mark W. Haushill President ACKNOWLEDGEMENT On this 11 th day of February, 2021, before me, personally came Mark'WV. HaushiH to me known, who being duly sworn, did depose and that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above, instrument; he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTIN:ARISHOP Notary Public, State of Texas BY 0 of Tax" S Istat COMM, EXpIres: 04-14-2025 Christina Bishop w Mt 13 logo -2025 N01181Y ID 1310904'88 Notary Public CERTIFICATE 1, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resollut ens as set forth are now in force. Signed and Sealed at Houston, TX this 9th Day of January 12025 --- . BY Leslie K. Shaunty_____� Secretary MING: Any person who knowingly and! with intent to defraud any Insurance company or Other person, files and application for insurance of claim;� ining any materially false information, or conceals for the purpose of misiee,ding, Information concerning any fact material thereto, commits a ulent insurance act, which Is a crime and: subjects such person to criminal and civic pon(liftliGS. City Council 9-22 3/18/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On — January 9th, 2025 before me, ERIKA G. MQRGAN, NOTARY PUBLIC personally appeared RANDY SPOHN ERIKA G. MORGAN V 0 COMIM. #2354018 NCTARY PLMIC a CALIFORNIA 0 ORANGE COUNTY Comm. Expires May 5, 2025 who Proved to me on the basis of satisfactory evidence to be, the personi(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheithiey executed the same in his/here authorized capacity Oes), and that by his ~ signiaitureH on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument, r MIM � oil Though the data below is not required by law, it may prove valuable to persons rely ngi on the document and could prevent fraudulent reattachment of this form. 11014--fel:41421te 1' 6 - 0 , El INDIVIDUAL fir 0 PARTNER(S) ■LIMITE1 ATTORN EY-I�N -FACT TRUSTEE(S) F-1 GUARDIAN /CONSE RVATOiR [I OTHER: ZIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On as before me, Jennifer J. Clark, Notary Public (Here insert name and title of the officer) personally appeared 14 L-rk vTl' ve"-C'&'17 �J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Cl/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(is), and that by his/her/their signature(s) on the instrument the person(,, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIIIER J. "RK Notary PublIc - California Los Angeles County A., Commission # 2477571 (Notary Seal) Signatur.YN.tary Public My Comm. Expires Dec: 26 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OFTHE ATFACHED DOCUMENT (224 ,ritie or description of attached clocurneril) wolf, 6t I, ',' � —�{Title ordescriptiotiofittiche€idoctirneiitcontinued) Number of Pages Document Date ..-1 1 7 � -1-�L— (Additional information) CAPACITY CLAIMED BY THE SIGNER L1 Individual (s) E� Corporate Officer Ll Partner(s) El Atiorney-in-Fact E] Trustee(s) D Other 2008 Version CAPA vI 2 10 07 800-873-9865 WWWr Notary C lasses.corn INSTRUCTIONS FOR COMPLETING]II JIS FORM ,4ny ocknowledgmeni completed in Cahfornia must contain verbiage exactly, as appears above in the notarn section at- a separate acknowledgment form must be praiverljr compIcted and attached to that docioneov. The only exception is If a dcruniene is to be recorded outside ofCalifornia, In s itch instances, con, alternative acknon,ledginent verbiage cis may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a 11 otapy in California (i.e. cerirffing the authorized capacity of the signet). Please check the document cat,qfiil4yfor pt-ol)et-)?otcit-iaI wording rind attach this, orm d'required. • State and County information must be: the State and County Where the document signer(s) personally appeared before ilic notary public for acknowledgment • Date ofnotarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a conima and [lien your title (notary, public)- • print the names) of document signer(s) who personaRy appear at the little of notarization • Indicate the correct singular or plural for-nis by crossing off incorrect forms (i.e. 4e/shc/giey—, is/afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary Public must match the signature on file with the office of the county clerk Additional inforniation is not required but could help to ensure this acknowledgment is not misr,4cd or attached to a different document. Indicate title or type of attached document, number of pages and date, 0- Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i e. CEO�, CFO, Secretary). • Securely attach this document to the signed document City Council 9-24 3/18/2025 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Countyof JENWER J. C�ARK Notary P u bljc - �llforola L.S Angelo,$ County Commission # 2477571 mY Comm. Expres Dec 26, 202�7 Place Notary Seal and/car Stomp Above Subscribed and sworn to (or affirmed) before me on this day of 20 by Date llonihi Year Norne(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person( s'who appeared before me, Signature s. Signature oKNotary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type of Document: C' (11`V I Document IDate: '-" 11 "? . .... Number of Pages: Signer(s) Other Than Named Above: C)2019 National Notary Association City Council 9-25 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Robertson Industries, Inc. License 9/Exp. 667261 / Exp. 03/31/2025 DIR Reg. 9/Exp. 1000002700 / Exp. 06/30/2025 Location Tempe, AZ Phone (800) 858-0519 Type Of Work Safety Surfacing Amount $ $99,526 Name Team West Contracting Corporation License 9/Exp. 934352 / Exp. 06/30/2025 DIR Reg. 9/Exp. 1000768825 / Exp. 06/30/2025 License 9 934352 / Exp. 06/30/2025 Location Bloomington. CA Phone (909) 421-4450 Type Of Work Fencing Amount $ $116,144 Name License 9/Exp. DIR Reg. 9/Exp. License 9 _ Location _ Phone Type Of Work Amount $ //�V� Signature of Bidder Amir Movafegh, President Name Dotz, Inc. License 9/Exp. 1033830 / Exp. 12/31/2025 DIR Reg. 9/Exp. 1000709093 / Exp. 06/30/2025 Location Van Nuys, CA Phone 424-278-8008 Type Of Work Electrical Amount $ $119,000 Name California Skateparks License 9/Exp. 962150 / Exp. 06/30/2025 DIR Reg. #/Exp. 1000016308 Exp. 06/30/2025 License 9 962150 / Fxn_ 06/30/2025 Location Upland, CA Phone (909) 949-1601 Type Of Work Skate Park Amount $ $ 335,000 Name License 9/Exp. DIR Reg. 9/Exp. License 9 _ Location _ Phone Type Of Work Amount $ City Council 9 — 26 3/18/2025 P-13 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Santa Ana: 20 Civic Center Plaza, Santa Ana, CA 92702 Name and Address of Owner. Alex Olmos - Ph:714-824-1439 Name and Telephone Number of person familiar with project. $3,500,000 Contract Amount Park Renovation Type of Work 2. City of Placentia: 401 E. Chapman Ave., Placentia, CA 92870 Name and Address of owner. Raquel Garcia - Ph: 714-993-8128 Name and Telephone Number of person familiar with project. $2,860,000 Contract Amount Park Renovation Type of Work 3. City of Huntington Beach - 2000 Main Street, Huntington beach, CA 92648 Name and Address of owner. Danny Kaye - Ph: 818-986-9870 Name and Telephone Number of person familiar with project. $3,500,000 Contract Amount Park Renovation Type of Work 12/02/2024 Date Completed 12/31 /2023 Date Completed 11 /30/2022 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randy Spohn - (714) 541-4700 Insurance: Palomar Specialty Insurance Company - 7979 Ivanhoe Avenue, Suite 500 , La Jolla, CA 92037 Agent: Garrett/Mosier Insurance Services, Inc. - 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Contact: Paul Bland - (949) 559-3374 City Council 9 — 27 3/18/2025 P-14 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. Buena Park School District - 6885 Orangethorpe Avenue, Buena Park,CA 90620 Name and Address of Owner. Jeffery Thomas - Ph: 714-315-2299 Name and Telephone Number of person familiar with project. $1,680,000 School & Playground Modernization 10/31/2023 Contract Amount Type of Work Date Completed 2. Camp Fire Angeles (City of Long Beach) - 7070 E. Carson St., Long Beach, CA 90808 Name and Address of owner. Danny Kaye - Ph: 310-351-0138 Name and Telephone Number of person familiar with project. $1,750,000 Park Renovation 01/20/2023 Contract Amount Type of Work Date Completed 3. San Jose Unified School District - 855 Lenzen Ave., San Jose, CA 95126 Name and Address of owner. Mohammad Mhanna - Ph: 650-440-8861 Name and Telephone Number of person familiar with project. $3,400,000 School & Playground Modernization 11/30/2021 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randv Soohn - (714) 541-4700 Insurance: Palomar Specialty Insurance Company - 7979 Ivanhoe Avenue, Suite 500 , La Jolla, CA 92037 Agent: Garrett/Mosier Insurance Services, Inc. - 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Contact: Paul Bland - (949) 559-3374 City Council 9 — 28 3/18/2025 P-15 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO,. 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT NON -COLLUSION AFFIDAVIT (Title: 23 United States Code Section 112 and Public Contract Code Section 71.06) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed Person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreernent, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed ) Amir Mdafegh, President State of California County of Subscribed and sworn to (or who appeared before me, Notary Public Signature I), b6fore me on this day of _, 20_, by me on the basis of satisfactory evidence to be the person(s) (I ellrIAV c-0 "J1:', Notary Public Sea] P- 16 of P-23, City Council 9-29 3/18/2025 A notary pubkc or other officer completing this certificate verifies ody the identity of the individual who signed the clOCUment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "I — L-Is OK411 l JEWFER J. C LAIK ie Notary CaliforniaPublic - C Los Angeles County Commission # 24�77501, om "' Q5MY CORTMA. Expiress Dec 26, 2027 Place Notary Seal andlor Stomp Above Subscribed and sworn to (or affirmed) before me on this day of 161] UA, 1a 20—L'-`,,--, by Dote Month Year (and (2) Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person("] who appeared before me. Signature eL , ee:— Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Title or Type of Document: C' (''rc cv"!-C P'Jon i A A Docurnent Date: Number of Pages: Signer(s) Other Than Named Above; (D2019 National Notary Association City Council 9-30 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City Council 9 — 31 3/18/2025 P-17 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: fV / ""~--- Amir Movafegh Title: President Firm: Legion Contractors, Inc. Date: January 23, 2025 City Council 9 — 32 3/18/2025 P-18 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs j ourneymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: dd&�Amir Movafegh Title: President Firm: Legion Contractors, Inc. Date: January 23, 2025 City Council 9 — 33 3/18/2025 P-19 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Amir Movafegh Title: President Firm: Legion Contractors, Inc. Date: January 23, 2025 City Council 9 — 34 3/18/2025 P-20 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT FLEET COMPLIANCE CERTIFICATION 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). X The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. We will use the rental company equipments and they have the certificate. Please see attached Name of Bidder: Legion Contractors, Inc. Signature: � Name: Amir Movafegh Title: President Date: January 23, 2025 City Council 9 — 35 3/18/2025 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. City Council 9 — 36 3/18/2025 P-22 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The CWA is available at: htti)s://www.santa-ana.ora/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: 4vk__Arnir Movafegh Title: President Firm: Legion Contractors, Inc. Date: January 23, 2025 City Council 9-37 3/18/2025 P-23 of P 23 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT INSTRUCTIONS TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents. PROPOSAL The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: 1. Bid Proposal 2. Bidder's Statement 3. Contractor's Licensing and Registration Statement 4. Prevailing Wage Compliance and Monitoring Statement S. Ownership Affidavit 6. Bid Bond 7. List of Sub -Contractors 8. References 9. Additional References 10. Non -Collusion Affidavit 11. Non Discrimination Certificate 12. Statement Regarding Apprenticeship Requirements 13. Statement Regarding "Anti -Kickback" Requirements 14. FLEET COMPLIANCE CERTIFICATION IS. 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). City Council xi 9 — 38 3/18/2025 CITY OF SANTA ANA INSTRUCTIONS TO BIDDERS PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT X The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder: Legion Contractors, Inc. Signature: ---- Name: Amir M Title: President Date: January 23, 2025 16. Public Contract Code Section 10162 Questionnaire 17. Statement Regarding Community Workforce Agreement (CWA) Requirements The Proposal may be considered non -responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids. It is the BIDDER'S responsibility to ensure submittal of their Proposal on PlanetBids. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 1771.4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. DISCREPANCIES AND MISUNDERSTANDINGS No BIDDER shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Contract Documents including the Plans and Specifications shall be called to the attention of the AGENCY as a Request for Clarification and addressed prior to the submission of bid proposals. REQUESTS FOR INTERPRETATION OF CONTRACT DOCUMENTS Requests for interpretation must be submitted online through PlanetBids. Any interpretation or correction of the documents will be made only by an Addendum. City Council xii 9 — 39 3/18/2025 MMMM% a III in .— eq IR , ML go eq CO w lu" 44 :4,' GE m 43w JIM ia, Z 73— jo lux tr a "T q, 73 r I EL Rj 0 0 CP 00 STATE OF CALIFORNIA Office of the Secretary of State �.. STATEMENT OF INFORMATION 0 ` CORPORATION California Secretary of State `�gtFoaN`P' 1500 11th Street Sacramento, California 95814 (916) 657-5448 For Office Use Only -FILED - File No.: BA20241055397 Date Filed: 5/31/2024 Entity Details Corporation Name LEGION CONTRACTORS, INC Entity No. 4282259 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address Mailing Address of Corporation Mailing Address Attention Street Address of California Office of Corporation Street Address of California Office Officers 445 S. FIGUEROA ST. 2580 LOS ANGELES, CA 90071 445 S. FIGUEROA ST. 2580 LOS ANGELES, CA 90071 445 S. FIGUEROA ST. 2580 LOS ANGELES, CA 90071 Officer Name Officer Address Position(s) 0 Amir Movafegh 445 S. FIGUEROA ST. Chief Executive Officer, Chief Financial Officer 2580 LOS ANGELES, CA 90071 0 Saba Khoubanshargh 445 S. FIGUEROA ST. Secretary 2580 LOS ANGELES, CA 90071 Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address 0 Amir Movafegh 445 S. FIGUEROA ST. 2580 LOS ANGELES, CA 90071 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address AMIR MOVAFEGH 445 S. FIGUEROA ST. 2580 LOS ANGELES, CA 90071 Type of Business Type of Bus Page 1 of 2 Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Amir Mova fegh Signature 0513112024 Date City Council 9 — 42 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT FLEET COMPLIANCE CERTIFICATION 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. Name of Bidder: Robertson Industries, Inc. Signature: Name: William Stafford Title: GM Date: 1 -23-25 City Council 9 — 43 3/18/2025 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The CWA is available at: htti)s://www.santa-ana.ora/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: GM Firm: Robertson Industries, Inc. Date: 1-23-25 City Council 9-44 3/18/2025 P-23 of P 23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT FLEET COMPLIANCE CERTIFICATION 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. Name of Bidder: Dotz, Inc. Signature: 4#zft Paw&1 Name: Amin Parvin Title: Manager Date: 01/23/2025 City Council 9 — 45 3/18/2025 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The CWA is available at: https://www.santa-ana.org/documents/communiiy-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: 4#tft Paw6z Title: Manager Firm: Dotz, Inc. Date: 01/23/2025 City Council 9-46 3/18/2025 P-23 of P-23 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 24-6600 BRISTOL-TOLLIVER, STREET URBAN GREENING PROJECT FLEET COMPLIANCE C ERTIFICATION 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, Califonlia Code of'Regulations, Division 3, Chapter 9, effective oil January 1., 2024 (the "Regulation"). Bidder hereby certifies, Subject to penalty for pel1luty, 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 sub Ject 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 horn al 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(1)(4) because this project has been deemed all Emergency, as defined tinder section 2449(c)(I 8). Bidder shall C only operate the exempted vehicles in the emergency situation and records of the exempted vehicles Must be maintained, pursuant to section 2449(i)(4). ' I I'lle Fleet does not fall under- the Regulation or are otherwise exempted and a detailed reasoning; is attached hereto, Name ofBidder: <7 signaftlre�� Name: Date: f 173 / 'e,c el y;dam 4; City Council 9-47 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STR.1"ET URBAN GREIEMNG PROJECT STA'rEM ENTREGAR DING COMNILTNITY WORKFORCE AGREEMENj�JCWA R -,( LLI L�F, TS .-I- --M,F�N This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa. Ana, the Los Angeles/Orange Counties Building and. Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The CWA is available at: //WWW, sail I a-3 Ila. 0 1-gld QC LIM CrItSIC0 M In in i Y�- /91 ; t/ 2_1 .. �\. �Ignen The Undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of cot-ripleting construction of the project continuously, and without intern-tiptions or delays. HaNvarded any work covered by the CWA, BIDDER will also be reqUired to sign the Letter of Assent that appears as Attachment A to the CWA. The Undersigned BIDDER has reviewed the PUblic Works Construction Permit and required deposit describe , c , �,Jn-Scetion2-2a, rd the Notice of lnvitin�4 Bids. Signed- Tjtic: -Wcl 1A. k) Cot Date: 3 City Council P-23 of'S24348 3/18/2025 i CALIFORNIA A0IR kID-S0L➢CRCFS BOARD Vehicle Compliance Certification Issue Date: 10/3/2024 Start Date: 12/30/2024 Expiration Date: 6/30/2025 Vehicle Information Vehicle Identification Number (VIN): 1 FDUF5GT3GEC76811 Vehicle License Plate: 15717Z1 Vehicle Make: Vehicle Model Year: 2016 Vehicle Model: Business Information Certification ID: VCC1001418964 Company/Entity Name: TEAM WEST CONTRACTING CORPORATION Entity ID: E128067 Primary Address: 2733 Vista Avenue, Bloomington, CA 92316, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non -compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions -related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification: https:Hcleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. City Council Page 1 9 — 49 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The CWA is available at: htti)s://www. santa-ana. ora/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Cjr&qm Title: Estimator Firm: California Skateparks Date: 1/21/2025 City Council 9 — 50 3/18/2025 P-23 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT FLEET COMPLIANCE CERTIFICATION 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. Reason: Our company only rent and do not own equipments. Name of Bidder: California Skateparks Signature: Name: Greg Ramos Title: Estimator Date: 1/7/2025 City Council 9 — 51 3/18/2025 P-21 of P-23 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING This CONSTRUCTION CONTRACT is made and entered into this 181h day of March, 2025 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 Legion Contractors, 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 Bristol -Tolliver Street Urban Greening 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 three million eight hundred eight thousand and eight hundred dollars ($3,808,800), 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. City Council 9 — 52 3/18/2025 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hops://www..santa-ana.org/documents/community-workforce-agreement/ 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 9 — 53 3/18/2025 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this 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. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By K; ,,. E NELLESEN Assistant City Attorney RECOMMENDED FOR APPROVAL: abilr1^ Saba Digitally signed by Nabil N✓ a b a Date: 2025.03.03 10:47:27 -08'00' NABIL, SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO N"EZ City Manager CONTRACTOR: Legion Contractors, Inc. 4/� NAME: Amir Movafegh TITLE: President City Council 9 — 54 3/18/2025 Page 3 of 3 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove CMU Wall and Foundation $ $ 20 LF 200.25 4,005.00 2 Remove Decorative Chain -link Fence $ 15 $ 9,225 615 LF 3 Protect, Modify, and Adjust to Grade $ $ Existing Irrigation System 1 LS 16,000 16,000 4 Remove and Reinstall Existing Sign on $ $ Fence 1 EA 2,000 2,000 5 Remove Existing Sign and Post 2 EA $ 500 $ 1,000 6 Clearing and Grubbing $ $ 50,200 SF 2 100,400 7 Unclassified Excavation and Export* $ $ 1,820 CY 110 200,200 8 Unclassified Excavation, Stockpile, and $ 65 $ Reuse for Backfill* 1,295 CY 84,175.00 9 Imported Fill* $ $ loo CY 200 20,000 10 Remove Pedestrian Light Pole and $ $ Foundation. Salvage and deliver pole to 7 EA 500 3,500 city. 11 Remove Pedestrian Lighting Conduit and 1 LS $ 10,000 $ 10,000 Wire 12 Locate, Cut and Cap Existing Sanitary 10 EA $ 2,500 $ 25,000 Sewer Lateral 13 Adjust Utility Surface Feature to Grade $ $ (Water Meter, Gas Valve, or Electrical 3 EA 6,000 18,000 Pullbox) City Council 9 — 55 3/18/2025 P-1 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 14 Remove and Replace Water Valve Frame 1 EA $ 3,000 $ 3,000 and Cover. Adjust to Grade. 15 Install 8" Dual Wall HDPE Pipe $ $ Including Trenching, Removal, Bedding, 190 LF 300 57,000 and Backfill (Mod C. S.A. STD PLAN 1150 16 Install 4" Dual Wall HDPE Pipe $ $ Including Trenching, Removal, Bedding, 55 LF 220 and Backfill (Mod C.S.A. STD PLAN 12,100 1150 17 Install Hydrodynamic Separator $ $ Including Excavation, Removal, and 1 EA 75,000 75,000 Backfill 18 Construct 16"xl6" Curbside Grating $ $ Catch Basin with Insert Filter and No 2 EA 8,500 17,000 Dumping Stencil Incl. Excavation, Removals, and Backfill 19 Construct 24"x24" Junction Box with $ $ Orifice Plate Incl. Excavation, Removals, 2 EA 11,500 23,000 and Backfill 20 Construct 7.5' Long Slot Drain with No $ $ Dumping Stencil and Including 4' Lateral 1 LS 23,000 23,000 Connection to Structure 21 Construct Low Flow Diversion Culvert $ 220 $ 26,400 120 SF 22 Install Underground Stormwater Cistern $ $ Including Risers, Collars, Manifold 1 LS 160,000 160,000 Piping, Excavation, Shoring, Removals, Bedding, Geotextiles, and Backfill 23 Install Underground Storage Cistern $ $ Pump, Mechanical Skid, Appurtenances, 1 LS 140,000 140,000 and Concrete Pad 24 Construct 2" Sch 80 PVC Pipe (Cistern $ $ Pump to Skid) Incl. Trenching, 45 LF 270 12,150 Removals, Bedding, and Backfill 25 Construct 4" Sch 80 PVC Pipe (Skid to $ 200 $ 13,000 Basin) Incl. Trenching, Removals, 65 LF Bedding, and Backfill 26 $ $ Install 2" Isolation Valve in Valve Box 2 EA 3,500 7,000 27 Construct Bioretention Basin with $ $ Underdrains Including Excavation, 95,000 95,000 Geotextiles, Removals, Underdrains, 1 LS Cleanouts, Soil, Stone, and Riprap Inlet Protection 28 Construct 24"x24" Grated Catch Basin 1 EA $ 8,500 $ 8,500 with Inlet Filter and No Dumping Stencil 29 Install Submersible Pumps, Duplex $ $ Control Panel with Enclosure, Precast 1 LS 95,000 95,000 Manhole, Vent, and Appurtenances Incl. City Council 9 — 56 3/18/2025 P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount Excavation, Removals, Bedding, and Backfill 30 Construct 3" Sch 80 PVC Pipe (Pump $ $ Manhole to Curb) Incl. Trenching, 80 LF 160 12,800 Removals, Bedding, and Backfill 31 Install 6" Perforated Single Wall HDPE $ $ Pipe Incl. Filter Sock, Drainage Stone, 145 LF 110 15,950 and Non -Woven Geotextile 32 Install Shallow 6" Dual Wall HDPE Pipe $ $ Incl. Trenching, Removals, Bedding, and 400 LF 200 80,000 Backfill Detail E, Sheet DD-06 33 Install Shallow 8" Dual Wall HDPE Pipe $ $ Incl. Trenching, Removals, Bedding, and 60 LF 300 18,000 Backfill Detail E, Sheet DD-06 34 Install Shallow 12" Dual Wall HDPE $ $ Pipe Incl. Trenching, Removals, 420 LF 180 75,600 Bedding, and Backfill (Detail E, Sheet DD-06 35 Install Underdrain Cleanout in Paved $ $ Area Including Cast Iron Frame and 9 EA 2,500 22,500 Cover 36 Install 1" Water Service (Water Main $ $ 18,000 Point of Connection to Meter) 1 LS 18,000 37 Install 2" Water Service (Water Main 1 LS $ 22,000 $ 22,000 Point of Connection to Meter) 38 Construct 1" Sch 80 PVC Water Line $ $ Including Trenching, Removals, 415 LF 75 31,125 Bedding, and Backfill 39 Construct 2" Sch 80 PVC Water Line $ $ Including Trenching, Removals, 115 LF 95 10,925 Bedding, and Backfill 40 Install 1" Pressure Reducing Valve in $ $ Vault 1 EA 5,000 5,000 41 Install Make-up Water Trough Valve 1 EA $ 12,000 $ 12,000 42 Install 2" Backflow Prevention Assembly 1 EA $ 10,000 $ 10,000 with Enclosure 43 Construct 12"X12" Catch Basin with $ $ Atrium Grate (NDS or Approved Equal). 13 EA 3,000 39,000 Incl. Excavation, Removals, Backfill, and Risers 44 Construct Venting Catch Basin and $ $ Piping Incl. Trenching, Removals, 1 LS 40,000 40,000 Bedding, and Backfill 45 Install Drinking Fountain, 3/4" Service $ $ Lateral with Valve, and Drainage Sump 2 EA 12,500 25,000 with Access Box and Overflow Piping 46 Construct Asphalt Concrete Pavement $ $ 485 SF 15 7,275 City Council 9 — 57 3/18/2025 P-3 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 47 2" Cold Mill and Overlay 3,470 SF $ 9 $ 31,230 48 Install Detectable Warning Surface at $ $ 9,000 Alley 60 SF 150 49 Construct 8" Thick PCC Alley, $ $ Driveway, Curb, and Gutter Pavement 2,450 SF 45 110,250 per C.S.A Plan No. 1111 50 Construct 8" Thick PCC Longitudinal $ $ 8,000 Gutter 40 SF 200 51 Construct 4" Thick PCC Sidewalk with $ $ Integral Color 8,460 SF 24 203,040 52 Construct 8" Thick PCC Vehicular Rated $ $ Sidewalk with Integral Color, Curb, and 490 SF 45 22,050 Curb Opening 53 Construct PCC Curb Ramp Incl. Curb, 140 $ $ Gutter, and Detectable Warning Surface 260 SF 36,400 54 Install Continental Crosswalk Striping. $ $ Remove and Reinstall Stop Bar, Stop 1 LS 20,000 20,000 Marking, and Turn Arrow. 55 Construct Crushed Miscellaneous Base $ 120 $ 163 CY 19,560 56 Construct 6" Wide Concrete Header $ 75 $ 480 LF 36,000 57 Construct Poured -In -Place Rubber $ $ Surfacing Incl. Base Courses 3,640 SF 27.50 100,100 58 Construct Interlocking Concrete Pavers $ 40 $ 67,200 Incl. Base Courses 1,680 SF 59 Install Interpretive Signage 3 EA $ 4,000 $ 12,000 60 Install Entry Signage 2 EA $ 12,500 $ 25,000 61 Install General Park Signage 1 LS $ 10,000 $ 10,000 62 Construction Permit $19,410 $19,410 1 LS 63 SWPPP Preparation (Risk Level 2) and $ 30,000 $ 30,000 Implementation 1 LS 64 Urban Greening Program Funding $ 10,000 $ 10,000 Acknowledgement Sign 1 EA 65 Construct Removeable Bollard 3 EA $ 3,000 $ 9,000 66 Install Bench 10 EA $ 3,000 $ 30,000 City Council 9 - 58 3/18/2025 P-4 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 67 Install Picnic Table 4 EA $ 4,500 $ 18,000 68 Install Waste Receptacles (Includes $ $ Trash and Recycle; Furnished by City; 5 EA 1,000 5,000 Install Only) 69 Construct Playground Equipment and $ $ Shade Structure 1 LS 265,000 265,000 70 Construct Workout Equipment and $ $ Shade Structure 1 LS 75,000 75,000 71 Install Architectural Fencing $ $ 488 LF 285 139,080 72 Electrical Trenching Incl. Bedding and $ $ Backfill 1 LS 75,000 75,000 73 Install Electrical Conduit, Wiring, and $ $ Pullboxes 1 LS 85,000 85,000 74 Install 200A NEMA 3R Meter Pedestal, $ $ Lighting Control Panel in NEMA 3R Enclosure, NEMA 3R Enclosure for 1 LS 35,000 35,000 Security Camera System, and Concrete Pad 75 Install 14' Light Pole (includes post, $ $ footing, luminaire, excavation, and 14 EA 12,000 168,000 removals 76 Install 30' Camera Pole (includes post, $ $ footing, luminaire, cameras, excavation, 2 EA 20,000 40,000 and removals 77 Install 30' Sports Lighting Pole (includes $ $ post, footing, luminaires, excavation, and 2 EA 19,000 38,000 removals 78 Install Security Camera System $ $ Infrastructure Including Deferred System 1 LS 55,000 55,000 Design by Contractor 79 Install Landscaping Including Turf, $ $ Trees, Shrubs, Mulch, Soil Conditioning, Topsoil, Amendments, Fertilizers, 1 LS 85,000 85,000 Agronomic Testing, Supports, and Root Barriers 80 Install Landscape Boulders $ $ 6,650 19 EA 350 81 Install Irrigation System Including $ $ Piping, Tubing, Sleeves, Bubblers, Control Wiring, Valve Boxes, 1 LS 195,000 195,000 Controllers, Valves, Sensors, Quick Couplers, Drip Rings, Etc. 82 Plant Establishment (90 Days) $ $ 1 LS 5,000 5,000 City Council 9 — 59 3/18/2025 P-5 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Item Description Qty Unit Unit Price Amount 83 As -Built Plans $5,000 $5,000 1 LS Bid Alternates 1 Construct Skate Park Elements and $ $ Paving 1 LS 545,000 545,000 2 Construct 4" Thick Asphalt Concrete $ $ Basketball Court Including Striping, Colored Surface, and Perimeter Edging. 1 LS 235,000 235,000 Includes Basketball Hoop and Foundation TOTAL BASE BID $ 3,808,800.00 TOTAL ADD ALTERNATE BID $ 780,000.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred and sixty (160) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. precast structures, electrical equipment, light poles, playground and fitness equipment, shade structures, fabricated equipment). Work shall be completed by January 31, 2026. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5,200 per calendar day. City Council 9 — 60 3/18/2025 P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6600 BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT Name of Firm Legion Contractors, Inc. Signature of BIDDER Amir Movafegh Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Legion Contractors, Inc. - CA Corporation Amir Movafegh - President, Treasurer and Manager 4VV_ Saba Khoubanshargh - Secretary 4a'.�_ City Council 9 — 61 3/18/2025 P-7 of P-23 HUGH NGUYEN CLERK -RECORDER CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-36 P.O. BOX 1988 SANTA ANA, CA 92702 Office of the Orange County Clerk -Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 12/12/2024 It remained posted for 30 (thirty) days. Hugh Nguyen Clerk - Recorder In and for the County of Orange By: Melissa Gomez Deputy Public Resource Code 21092.3 BIRTH AND DEATH RECORDS FiCTiTIOUS BUSINESS NAMES MARRIAGE LICENSES/RECORDS NOTARY REGISTRATION ORANGE COUNTY ARCHIVES PASSPORTS PROPERTY RECORDS The notice required pursuant to Sections 21080.4 and 21092 for an environmental iml act re ort shall be posted in the office of the County Cleric of each county *** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so -posted fora 12eriod of 20 da),,,,.unless otherwise required by ]aw to be postedfor 30 days. The Count Clerk shall.po�j notices within 24 hours of receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of recei t in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. * * * Thereafter, the cleric shall return tkie notice to the local lead agency * * * within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by *** City Council 9 — 62 3/18/2025 (714) 834- 25 00 + FAX: (714) 834-2675 + OCRECORDER.COM • OCARCHIVES.COM ORANGE COUNTY CLERK -RECORDER CEQA FILING COVER SHEET Recorded in Official Records, Orange County Hugh Nguyen, Clerk-ReclIolIlydorlI ``ll III NO F E E $ R 0 0 1 5 2 9 3 9 0 5$ 202485001076 8.25 am 12/12/24 428 Vitindx Z01 0.00 60.00 0.00 0,00 0,00 0.00 0.00 0.00 ?)o a 12- j 12- / to 2. /- -- 10 5 9 THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk -Recorder TYPE OR PRINT CLEARLY Proiect Title BRISTOL-TOLLIVER STREET URBAN GREENING Check Document being Filed: 0 Environmental Impact Report (EIR) 0 Mitigated Negative Declaration (MND) or Negative Declaration (ND) ID Notice of Exemption (NOE) 0 Other (Please fill in type): DEC 12 2024 HUGH NGUYEN, CLERK -RECORDER Byt M C_1. DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK -RECORDER ON December 12, 2024 Posted for 30 days DEPUTY MELISSA GOMEZ Filing fees are due at the time a Notice of Determinatlon/Exemption is filed with our office.For more information on filing fees and No Effect Determinations, please refer to Callfornla Code of Regulations, Title 14, section 753.5. City Council 9 — 63 3/18/2025 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 CITY MANAGER Alvaro Nuiez CITY ATTORNEY Sonia R. Carva[ho 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 From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA92702 Santa Ana, CA92702 Project Title: Bristol -Tolliver Street Urban Greening Project Number(s): 24-6600 Project Location: Bristol St. and Tolliver St. City: Santa Ana County: Orange ER Number: ER-2024-110 Date of Approval: 03/18/2025 Project Description: The Project features the transformation of vacant, City -owned parcels at the intersection of Bristol Street and Tolliver Street into a new 1.25-acre community park. This includes drought -tolerant landscaping, shade trees, recreational features, pedestrian pathways, signage, lighting, picnic benches etc. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency FILED Exempt Status: DEC 1 ��� ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) LAUGH NGUYEN, CLERK -RECORDER ❑ Emergency Project (Sec. 15269 (b through e)) IBY:� Y6�DEP1J7r ❑ General Rule (Sec. 15061(b)(3)/(5)} ❑ Statutory Exemption: © Categorical Exemption: 15303 (Class 3), 15304 (Class 4),15332 (Class 32) Reason(s) Why Project is Exempt From CEQA: The Project Involves development of a new community park which constitutes: construction and location of limited numbers of new, small facilities or structures; minor public alterations in the condition of land, water, and vegetation which do not involve removal of healthy, mature, scenic trees; and an in -fill development project. City Contact: Gilbert Ca tillo Title: Signature: Senior Engineer Telephone: (714) 647-5647 Date: 2 Z SANTA ANA CITY COUNCIL Valerie Amezcua C Ity fbiOUnt Oiln Jessle Lopez Benjamin Vazquez9 - 64 Phi€ Bacerra Johnathan Rya+'�49Q12tW5 David Penaloza Mayor Mayor Pro Tom, Ward Ward Ward2 Ward Wards Ward vamazc1jaQ,93nta-ana.ora tRhit�]C us�llt��lla.o lessialnnazldisania anA.nrn pbacerraesanta-ana.oro'' - r ppa loza Santa-ana.ori State of California - Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01101123) Previously DFG 753.5a SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. LEAD AG E NCY L CITY OF SANTA ANA COUNTY/STATE AGENCY OF FILING Orange IT PROJECT TITLE BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT APPLICANT NAME CITY OF SANTA ANA, PUBLIC WORKS AGENCY PROJECT APPLICANT ADDRESS 20 CIVIC CENTER PLAZA M-36 PROJECT APPLICANT (Check appropriate box) © Local Public Agency ❑ School District ❑ CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) ❑ MitigatedlNegative Declaration (MND)(ND) ❑ Certified Regulatory Program (CRP) document - payment due dir R Exempt from fee I] Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) g F?rint Save RECEIPT NUMBER: 30 — 12/12/2024 — 1069 STATE CLEARINGHOUSE NUMBER (If applicable) EADAGENCY EMAIL DATE 12/12/2024 DOCUMENTNUMBER 202485001076 PROJECT APPLICANT EMAIL PHONE NUMBER (714 ) 647-5647 CITY STATE ZIP CODE SANTA ANA CA 92702 Other Special District ❑ State Agency [] Private Entity $4,051.25 $ 0.00 $2,916.75 $ 0.00 ecily to CDFW $1,377.25 $ 0.00 ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ ❑ County documentary handling fee $ ® Other $ PAYM ENT M ETHOD: ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X�h7'yl/i-P�� MELISSA GOMEZ, DEPUTY 1 11 99 ORIGINAL-PROJECTItLyA OLt11Cll COP 9 - 65 �/� Q/2025'5a(Ray.01f0112023) \\� «R {ƒ( §£o f +\ )/k =®Z 2�\) 0�\§% :3 co L) cn p 7F3 U;2\< LLJ%km, �»)wa O \&±/ /@gam a�/2% �z � .G 7 � � _ � 2 LLI wk w/E: � Luc w mat ���� am0- a5/Q� CD CD § § m m (D (D C'4 C4 Do 0 co § \ CD § / \ \ >- \ � \ � « ¥ LL a w ¥ R R $ O % O C 2:� F- § :) / 0 / L / L) " = 0 z \ \ § q § � ) j LU 2 \ 0 j E a m A y Q ) I zZ 0 2 Qo \ z w / 2 / m N O Q m m S S I m � E _ 0 U � m Public Works Agency www.santa-ana.org/pw Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Centennial Park Improvements Project AGENDA TITLE Approve Appropriation Adjustment and Award a Construction Contract to KYA Services, LLC for the Centennial Park Improvements Project (No. 22-2755) (General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $2,250,000 of accumulated General Fund account balance and appropriate the same amount into the PWA Services, Improvements Other Than Buildings (01117607-66220) expenditure account. (Requires five affirmative votes.) 2. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include an additional $6,241,000 in construction funds for the Centennial Park Improvements Project (No. 22-2755). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,241,000, which includes $5,941,000 for the construction contract and $300,000 for contract administration, inspection, and testing. 4. Award a construction contract to KYA Services, LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $5,941,000, subject to change orders, for construction of the Centennial Park Improvements Project (No. 22-2755), for a term beginning March 18, 2025 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 pursuant to Section 15301 of the CEQA Guidelines. Categorical Exemption Environmental Review No. ER- 2025-15 was filed for the Centennial Park Improvements Project. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the City. Centennial City Council 10 — 1 3/18/2025 Centennial Park Improvements Project March 18, 2025 Page 2 Park is a 65-acre city park located on the west edge of the city alongside the Santa Ana River bike trail (Exhibit 1). On March 3, 2020, City Council directed Staff to study the feasibility of Centennial Park improvements. On December 7, 2021, City Council awarded a consultant agreement for Centennial Park conceptual design services. Subsequently, on December 6, 2022, following a Request for Proposals (RFP) process, City Council awarded an agreement to prepare engineered plans and specifications for park improvements. On June 4, 2024, City Council allocated $4,000,000 towards construction of park improvements. The Centennial Park Improvements Project (No. 22-2755) will consist of developing the southwest area of Centennial Regional Park and will feature a walking trail, access and connection to the Santa Ana River, a lakeside event area, picnic areas, fencing, site lighting, security cameras, open space, automated irrigation system utilizing reclaimed water, water wise landscaping, a dog park area, restroom building with dog wash area, and a new parking lot with a drop-off area (Exhibit 2).The project intends to enhance a 4.57-acre undeveloped area of Centennial Park with grass and passive open free play fields with active programming and activities described above. 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. Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 80 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of seven bids were received. One bid was received from a Santa Ana based contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 11, 2024 and October 16, 2024. The project was also advertised in PlanetBids from October 8, 2024 to November 27, 2024. Bids were received electronically via PlanetBids on November 27, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Doja, Inc. Ontario, CA $4,866,000 2 KYA Services, LLC Santa Ana, CA $5,941,000 3 Aster Construction Services Los Angeles, CA $6,199,376 4 Armstrong Cal Builders Stanton, CA $6,108,915 5 Legion Contractors, Inc. Los Angeles, CA $6,818,000 6 Environmental Construction, Inc. Woodland Hills, CA $10,838,316 City Council 10 — 2 3/18/2025 Centennial Park Improvements Project March 18, 2025 Page 3 RANK BIDDER'S NAME I LOCATION BASE BID 7 1 Pub Construction, Inc. Diamond Bar, CA $12,387,000 A total of seven bids were received and all were deemed responsive. Doja, Inc. submitted the lowest responsive base bid in the amount of $4,866,000. After the bid deadline period, Doja, Inc. requested to withdraw their bid proposal due to a clerical error, and has elected not to perform this project. As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. The second lowest bidder, KYA Services, LLC, a Santa Ana vendor, has submitted the next lowest amount base bid in the amount of $5,941,000. (Exhibit 3). This will be the first project KYA Services, LLC will build in Santa Ana. KYA Services has done similar projects in the past for other public agencies. Most recently completing playground renovations for the City of Anaheim and park renovations for the City of Irvine. Based on a contractor's reference check, staff was informed that KYA Services performed quality work for those agencies. Based on the bid analysis, staff recommends awarding the construction contract to the next lowest responsive bidder, KYA Services, LLC. (Exhibit 4). 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 will be performed by in-house staff and will include special inspections and testing done by a third party. Staff feels confident in delivering this project without contingency funds given the low risk location and nature of the work. 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 and as summarized in the table below, the estimated total construction delivery cost of the project is $6,241,000. Project Item Total Construction Contract Bid Amount $5,941,000 Construction Administration 0 (In -House) Inspection 0 In -House Testing 300,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $6,241,000 Project Schedule and Contract Time The completion date is March 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. City Council 10 — 3 3/18/2025 Centennial Park Improvements Project March 18, 2025 Page 4 The contract time for this project is 200 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Specifications, which exclude weekends, City -observed holidays, and inclement weather days that prevent work. The projected project schedule is provided below. Project Milestones Milestone Estimated Completion Date Notes Administrative Startup March 2025 Contract execution, bonds, insurance Material Procurement N/A Procurement may take place concurrently with construction. Contractor Mobilization June 2025 Start of construction activities Project Completion I March 2026 1 Based on 200 working days Project Phasing The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Project features not included in this contract may be incorporated as a future project, subject to funding, and will be presented to City Council for approval. Public Outreach Three community workshops were held to involve residents in the concept development and design process: January 2022, July 2022, and April 2023. Held on Saturday mornings in Centennial Park, adjacent to the project site in the reservation's office conference room, these meetings were interactive and informal, in an effort to engage the community to share their ideas and help shape the layout and design features. As part of standard community outreach practices, prior to start of construction, Staff will contact the Centennial Park and Windsor Village neighborhood associations and Godinez High School to distribute construction update materials. The contractor is also required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301 of the CEQA Guidelines. Categorical Exemption Environmental Review No. ER-2025-15 was filed for Project 22-2755 (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,241,000. All funds are available for expenditure in Fiscal Year 2024-25 City Council 10 — 4 3/18/2025 Centennial Park Improvements Project March 18, 2025 Page 5 (Exhibit 6). Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval to carry forward to Fiscal Year 2025-2026. With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the PWA Services, Improvement Other Than Buildings Account (No. 01117607-66220). As reported in the Mid -year Budget Report on March 4, 2025, the estimated General Fund Balance of $16.1 million is available for one-time spending and is sufficient to fund the $2,250,000 request for the Centennial Park Improvements project. The funds will be budgeted and available for this item in the accounts below. Fiscal Accounting Unit Fund Accounting Unit, Year _Account No. Description Account Description Amount project No.) APPROPRIATION ADJUSTMENT 01117607-66220 PWA Services, 2024-25 (22-2755) General Fund Improvements Other $2,250,000 Than Buildings CURRENT BUDGET Residential Acquisition and 2024-25 31413260-66220 Development Development, $400,000 (22-2755) District 4 Improvements Other Than Buildings 01117607-66220 PWA Services, 2024-25 (22-2755) General Fund Improvements Other $3,591,000 Than Buildings TOTAL $6,241,000 EXHIBIT(S) 1. Location Map 2. Project Site Plan 3. Bid Proposal 4. Construction Contract 5. Environmental Determination 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 10 — 5 3/18/2025 EXHIBIT 1 SANTA ANA Project No. 22-2755: UmiCentennial Park Improvements Project Location PUBLIC WORKS AGENCY M a p City Council 10 — 6 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-2755 CENTENNIAL DOG PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: KYA S-f v 1d CA REQUIREMENT: I ADDENDUMI I The undersigned bidder declares that they have carefully exainined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Centennial Dog Park I LS $ 5 / ) $ .1d 2 Entry Circle Art Piece and North Plaza Art Piece I Allow — $ 20,000 $20,000 " 3 Mural Wall I Allow $ 5,000 $ 5,000 4 Construction Permit I LS $ 16,000 $ 16,000 TOTAL BASE BID $ S �q// 000 ADD ALTERNATE BID ITEMS Item Description Qty Unit Unit Price Amount I Large Dog Park and Adjacent Trail Area I LS $ 79-5,C/00 00 0 2 Dog Water Play Area I LS $ S Z's ?- " 3 North Plaza Area I LS $ 7-0 / 4 New LED Lighting at Existing I LS S Northeast Parking Lot 5 New Digital Kiosk I LS $ 35-/ 060 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the Add -Alternate Bid items (if any). City Council 10-8 3/18/2025 P- I of P-23 CITY OF SANTAANA PROPOSAL PROJECT NO.: 22-2755 CENTENNIAL DOG PARK LADDENDUIVI'l I TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (200) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items including but not limited to: light poles, light pole fixtures, prefabricated restrooms & switchboard. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard C) Specifications, shall be $5,850.00 per calendar day. Name of Firm KYA 1;'CrV1164j' U-c- Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the fine name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 10-9 3/18/2025 P-2 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-2755 CENTENNIAL DOG PARK BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the formm of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm KYA Services, LLC Signature of BIDDER Title - i o "o1.yi VJ i C t (O- K/C 9�( (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 10 — 10 3/18/2025 P-8 of P-23 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT 22-2755 CENTENNIAL DOG PARK PROJECT This CONSTRUCTION CONTRACT is made and entered into this 181" day of March, 2025 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 KYA Services, LLC (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 Centennial Dog Park 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 Five Million Nine Hundred Forty -One Thousand Dollars and No Cents. ($5,941,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 08/01 � Council 10 —11 PSI FF75 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: https://www.santa-ana.org/documents/communit -workforce-agreement/ 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 10 — 12 PaWM2025 (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: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. Kyl� N�n Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Na b I I S a b a Dabte: 2025.03.03 11:16:01 -08,00, NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ City Manager CONTRACTOR: KYA Services, LLC NAME: Bra ks erry TITLE: Chief Financial fficer City Council 10 — 13 Pag/180)25 CITY OF SANTAANA EXHIBIT A PROPOSAL ADDENDUM1 PROJECT NO.: 22-2755 CENTENNIAL DOG PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: KYA LZ- C— REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have exarnined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump surn(s) set forth in tile following schedule: C:1 Item DescripLion QLY Unit Unit Price Amount I Centennial Dog Park LS J- 9do, Drib 2 Entry Circle Art Piece and North Plaza Art Piece I Allow '60C .3 20,000 S 20,000 3 Mural Wall 1 I Allow S 5,000 S 5,000 4 Construction Permit TOTAL BASE E �%Y/Z 000 ADD ALTERNATE BID ITEMS Item Description 15" it Unit Price Amount I Large Dog Park and Adjacent Trail Area LS 7 S-yz (/0 0 .�S 00 0 2 Dog Water Play Area 1 LS S S aDo 3 NorthPlazaArea l LS S ?—do/ 00 4 New LED Lighting at Existin- LS S Northeast Parking Lot too 5 New Digital Kiosk I LS S S The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the Add -Alternate Bid items (if any). City Council P-1 of P-2310 — 14 3/18/2025 CITY OF SANTAANA PROPOSAL PROJECT NO.: 22-2755 CENTENNIAL DOG PARK ADDENDUM �, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (200) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items including but not limited to: light poles, li0it pole fixtures, prefabricated restrooms & switchboard. I The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, sliall, be $5,850.00 per calendar day. Name of Firm KYA Signature of BIDDER Title -3-orva+V\-v� IAHRl CUWLS , ' Cr .. C (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) City Council P-2 of P-2310 — 15 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 22-2755 CENTENNIAL DOG PARK BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm KYA Services, LLC Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-8 of P-2310 — 16 3/18/2025 MAYOTt 4 CITY MANAGER Alvaro Nufiez Valade Amazwo MAYOR PRO TEM r CITY ATTORNEY Benjamin Vazquez '•,✓ Sonia R, Ca COUNCILMEMBER5 CLERIC THHEE COUNCIL PhrlBaaerra'.y : Jenniier L.l�a11 Johnathan Ryan Hemandaz Jesste Lopez Davld Penaloza Thal Viet Phan PUBLIC WORKS AGENCY 20 Clvlc Center Plaza (M-38) P.O. BOX 1988. Santa Ana, California 02702 (714) 647-6890 • Fax (714) 647-5823 WNW.Santa-am om NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Cade Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Centennial tang & Far nliy Recreation Area Project Nurnber(s): 22-2755 Project Location: West Edinger Avenue to South Fairview Street Date enacted on 0311B/25. 25, to be approved an 311 City: Santa Ana County: Orange Eli Number: ER 2025-15 Date of Approvat: Project Description: The construction will Include the Installation of a new Centennial dog &family recreation area. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Nance of Agency Carrying Out Project: Public Works Agency Exempt Status: FILED ❑ Ministerial (Sec, 15268) ❑ Declared Emergency (Sec. 15260 (a)) FEB 18 2025 ❑ Emergency Project (Sec, 15269 (b through e)) FfUt3N NGllYEN, CL.ERI(•RECOFtAIeR ❑ General Rule (Sec. 15061(b)(3y(5)) ❑ Statutory Exemption: BY; DEPUTY Ef Categorical Exemption: 16301 Reason(s) Why Project is Exempt From CEQA: 15301 consts of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, Involving negligible or no expansion of existing or former use. City Contact: Suzi Fudanlc Title: Acting Park Planning Mngr Telephone: (714) 647-4241 Date: y 1 � • ?�D?/� Signature: City Council 10 — 17 3/18/2025 0 0 LL LL M M 8 8 N N LL LL N N N N } } LL LL ' co ' N N N N l}L L}L N N N N } } N N In w N N } } In o o w 0 0 0 N O C N O O O V O C V O O O N N O } N N } C7 O N LL O to LL m w a a 0 0 0 N Z H N U. o v U- z U C O V LL J V W N � W i U o -2 'r� o w O a au w U O Q c� a rn h N Q) N N o O 4 w w J� - H H H� L) C� U ) m - CL �c U- ai aU aUQ� LO N O N W Qi H p o N 0) (B C Z co Q) U a C N N �L LO co Q) U N E 0 U 3; c 0 U U o_, Z L6 w Y as LO N O N co m co r O r �, Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Civic Center Drive Rehabilitation from Shelton Street to Flower Street AGENDA TITLE Construction Contract with Hardy & Harper, Inc. for the Rehabilitation of Civic Center Drive from Shelton Street to Flower Street Project (Project No. 25-6711) (General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $500,000 in Civic Center Maintenance funds for the Civic Center Rehabilitation from Shelton Street to Flower Street Project, Project No. 25-6711. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,144,000, which includes $915,000 for the construction contract, $137,000 for contract administration, inspection, and testing, and a $92,000 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 3. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $915,000, subject to change orders, for construction of the Civic Center Rehabilitation (Shelton Street to Flower St.) Project (No. 25-6711), for a term beginning March 18, 2025 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-2024-114 was filled for Project No. 25-6711. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the City. The Civic Center Drive Rehabilitation Project (Project) will consist of the reconstruction and resurfacing of existing pavement and the replacement and installation of missing or City Council 11 — 1 3/18/2025 Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 2 damaged curbs, gutters, sidewalks, and wheelchair ramps along Civic Center Drive between Shelton Street and Flower Street (Exhibit 1). The pavement in this segment of roadway is deteriorating due to weather, age, and heavy usage, both eastbound and westbound, and has been identified as a high priority project by the City's Pavement Management System. Some of the adjacent curbs, gutters, driveway approaches, curb ramps, and sidewalks are also in various states of disrepair and require replacement. Civic Center Drive from Fairview to Bristol has recently been repaved. Additionally Civic Center Drive from Minter Street to Santiago Street improvements are currently in design and the balance of Civic Center Drive is in good condition and no other projects are planned for Civic Center Drive. Once completed, these improvements will enhance the ride quality and visual appearance of the street. 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 64 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of eight bids were received. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 15, 2025. The project was also advertised in PlanetBids from January 15, 2025 to January 30, 2025. Bids were received electronically via PlanetBids on January 30, 2025. 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 Hardy & Harper Lake Forest, CA $915,000 2 All American Asphalt Corona, CA $919,884 3 R.J. Noble Company Orange, CA $1,024,291 4 Vido Samarzich, Inc. Rancho Cucamonga, CA $1,076,769 5 Excel Paving Co. Long Beach, CA $1,098,754 6 Onyx Paving Company, Inc. Anaheim, CA $1,222,000 7 SULLY -MILLER Brea, CA $1,249,994 8 U.S. Builders & Consultants Irvine, CA $1,488,700 A total of eight bids were received and all were deemed responsive. Hardy & Harper, Inc. submitted the lowest responsive base bid in the amount of $915,000 (Exhibit 2). As City Council 11 —2 3/18/2025 Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 3 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 Hardy & Harper, Inc. (Exhibit 3). Hardy & Harper, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Alton Avenue Rehabilitation Project. The contractor satisfactorily completed these projects and staff recommends awarding the construction contract to Hardy & Harper, Inc. for the construction of the project. 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 and as summarized in the table below, the estimated total construction delivery cost of the project is $1,144,000. Project Item Total Construction Contract $915,000 Contract Administration 73,067 Inspection 45,667 Testing 18,266 Contingencies 92,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,144,000 Proiect Schedule and Contract Time The completion date is May 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 45 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Specifications, which exclude weekends, City -observed holidays, and inclement weather days that prevent work. The projected project schedule is provided below. City Council 11 —3 3/18/2025 Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 4 Project Milestones Milestone Estimated Completion Date Notes Administrative Startup March 2025 Contract execution, bonds, insurance Material Procurement N/A Procurement may take place concurrently with construction. Contractor Mobilization April 2025 Start of construction activities Project Completion I June 2025 1 Based on 45 working days Project Phasing The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Public Outreach As part of standard community outreach practices, prior to start of construction, Staff contact the Washington Square and Flower Park neighborhood associations and Heroes Elementary School to distribute construction update materials. The contractor is also required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA Guidelines for projects consisting of existing streets, sidewalks, gutters, bicycle trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2024-114 was filed for Project 25-6711 (Exhibit 4). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,144,000. All funds are available for expenditure in Fiscal Year 2024-25 (Exhibit 5). Any unspent budget in FY 2024-25 will be included in future -year carryforwards for City Council Consideration. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Should additional contingency is necessary due to unforeseeable conditions, staff will return to City Council for authorization and appropriation. City Council 11 — 4 3/18/2025 Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 5 Accounting Fiscal Unit — Fund Accounting Unit, Amount Year Account No. Description Account Description (Project No.) CURRENT BUDGET 01117660- Public Works — Road 2024-25 66220 General Fund Maintenance, Improvements Other $644,000 (25-6711) Than Buildings 07417655- Civic Center 2024-25 66220 Civic Center Maintenance, $500,000 (25-6711) Maintenance Improvements Other Than Buildings TOTAL $1,144,000 EXHIBIT(S) 1 K Location Map Bid Proposal 3. Construction Contract 4. Environmental Determination 5. Capital Improvement Program Worksheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 11 —5 3/18/2025 M� W 2 X W mm , IS s, LL O i O co LOm N cn O E Z O v� p O a M 4-1 C� U CITY OF SANTA ANA COMMUNITY WORKFORCE AGREEMENT COMPLIANCE REQUIRED CONTRACT DOCUMENTS FOR PROJECT NO.25-6711 CIVIC CENTER REHABILITATION SHELTON TO FLOWER PREPARED UNDER THE SUPERVISION OF: A. :E NO. 88138 EYP. 3/31/26 t�--CIV t4� DigltaNy Ogned by ilex A. Bangean Date:2025.t}t.t1910:34:Ob -08'DO' Alex A. Bangean Date 20 CIVIC CENTER PLAZA CITY HALL - ROSS ANNEX SANTA ANA, CA 92701 SANTA ANA r 07A I An Pw /'�t FUMXWMAt3W Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PianetBids: hnps:/lwwwplanetbds-22rnitKt t. ? t?= 937 City Council 11 — 7 3/18/2025 CITY OF SANTA A PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHAB ILITATION TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Arty Unit Unit Price Amount I Unclassified Excavation* 1, 120 C Y $)�S.60 $j�o6a_oo 2 Construct 3-Day Cure PCC with Dowels 10 CY 00 $)1)066.00 3 Asphalt Concrete (AC) Pavernent* 1,260 TN $ 0 4 Asphalt Rubber Hot Mix (ARffM) 1,130 TN $ 1 06 0 60 5 Cold Mill (2") 57,20,0 SF $ 0. Lo 34jS'Xt-00 6 Class 11 Base* 300 TN $ $ 7 PCC Sidewalk (T=4") 2,000 SF $ gg 2.00 $ it Colored PCC Sidewalk (T=4") 2,600 SF $ $ 9 PCC Curb Rarnp 200 SF $ 3e) 6 o $ 6) boo 00 10 PCC Curb and Gutter ('type A-2-8)* 400 LF $ 0 co $ 11 PCC Cross -Gutter (Local Street) 200 SF $ 6. 00 S 6'om 00 12 Root Shave 18 EA $ $ 50 a .60 %000.00 13 Tol)soil Backfill 20 CY $ ;200.66 $ pq 14 Furnish and Install New Water Valve Franie Cover 20 EA $ �Xoo � 0(1ulboo. 00 and . . ......... City Council P-1 of P-lY1 — 8 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Item :� escription Qty Unit Unit Price Amount 15 Adjust Sewer and Drainage Manhole to Finished Grade 28 EA 16 Furnish and Install New #6 Pull Box 5 EA 3,1 ) 17 Adjust Survey MonUrnent to Finished Grade, I EA $)).SOO-00 t )) ^uw00 18 Furnish and Install Traffic Loops Type F 9 EA I Y, 11) Furnish and install Traffic Loops Type E 21 EA 6ao - 16, 56C 00 20 Furnish and Install Traffic Loops Type Q 3 EA 560 56L) (3 21 11rqject Advertisement Sign I EA 22 Signing and Striping I LS 1,S) 090 - 0a SJO ?6. 00 23 Construction Permit I LS $7,100 $,7,100 City Council 'f1 — 9 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO,.: 25-6711 CIVIC CENTER REHABILITATION The lowest responsible bidder shall be selected based on the total base bid. The City reserves, the right to award the Base Bid, and any, all, or none of the add -alternate bid iterns (if any). The quantity for this bid item is shown for bid comparison only. This bid itern shall not be subject to the '*25%" fit -nit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working dam after the cornmencernent date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,000 per calendar day. Name of Firm Hardy & Harper, Inc. Signature of BIDDER Title -Michael Amundson, Vice President (If an individual, so state. If a firm or co -partnership, state the firrn, name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation,, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 11-1-1 01 `-'�i — 10 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 4110101 IN =16"IrAl I a OF I am BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or all exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto, BIDDER further agrees that upon delivery (as defined above) of the accepted agreement lie/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond Substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for tile entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028. 15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Hardy & Harper, Inc. 2& Signature of BIDDER Title -Michael Ampnd,son, Vice PresideLit (If an individual, so state. If a firm or co -partnership, state tile firni name and give the nannies of all individual co-partners composing the firm, If a corporation, state legal narne of corporation, and names of President, Secretary, Treasurer and Manager, thereof) City Council r-Tt or Ti — i 1 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION CONTRACTOR'S LICENSING ANDREGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that lie/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: & Business Address: 32 Rancho Circle, Lake Forest, CA 92630 Business E-Mail Address: maiiiuiidsonahardyandliarper.coi-n Telephone: 714-444-1815 State Contractor's License No. and Class: 215952 A, C-8 & C 12 License Expiration Date: 12/31/2025 State Dept. of' Industrial Relations (DIR) Registration No.: 1000000076 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2025 Signed: Title: Michael Amundson, Vice President City Council P-5 ot F- T1 — 12 3/18/2025 CITT41F SAITA MIA - PROPOSAL PROJECT NOi.: 25-6711 CIVIC CENTER REHABILITATION PREVAILING WAGE COMPI..,IANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement, Contractor shall make copies of the prevailing rates of per them 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 Contractors principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm x, Hnrnt-r int, Signature of BIDDER -1 - -- Title MiQi]ael Amundso (if an individual, so state) City Council P-6 ot P- Ifil — 13 3/18/2025 r._..�A�: e,k»x �-,.a,:,�<:�. .-,•�r'�.«,�.-,-.�re-��. ,.�, __�,->-m-�xm.-ram m...,-_::,-._�,.�.e..,..:«.�.,.x�.�:.wcr�a.�..,.e�w:��ro�:,_�,.,�....s.,,.,.».�-....,.�-�w:.- ...-.-e-:._ ., _. __ _. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTtR REHABILITATION OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SANTA ANA ) Michael Amund,;nn being duly sworn, deposes and says: []INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co-partmership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co•par nerahip by. - who constitute the other members of the co -partnership. X]CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: Hardy & HaMgr Inc. _ one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly Vested with the authority to execute Instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Michael Amundson, Vice President u sworn to before me this day of 20 _ See Signature of officer Administering Oath (Notary Public) P-7 of P-19 City Council 11 — 14 3/18/2025 CALIFORNIA JURAT WITH AIFFIANT STATEMENT GOVERNMENT CODE § 8202 ------------- ® See Attached Document (Notary to cross out lines 1-6 below) © See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) x X/ Signature of Document Signer No. I Signature of Document Signer No. 2 (7f any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange MORGAN E. CHURNOCK Notary Publk - Ca fomia Orange Cmmnty L*�-- COMM, UPlres Oct 5, 2025 Subscribed and swam to (or affirmed) before me on this 23 day of _ January, 20 25 . by Date Month Year (1)_ _ _ _ .Michael Amundson (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(x) who apppargd before me. Notary Seal I Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this farm to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.Nationa]Notary.org - 1-800-US NOTARY (1-800-876-6827) Item #6910 City Council 11 — 15 3/18/2025 CITY OF SANTA ANA Bond No. CSBA 29561 PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION I: 1 : • . 0, KNOW ALL PRESENT that, Hardy & HaMr, Inc. , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of the Amount Bid Dollars ($10% j, which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 21st- day of January _ , 20 25 . 111-1)13-M SURETY* 777 South Figueroa Street, Suite 3900 Fidelity and Deposit Company of Maryland Los Angeles, CA 90017, (213) 270-0600 Dwight Reilly, Attomey-in-Fact 1411 N. Batavia St., Suite 201, Orange, CA 92867, (714) 516-1232 Subscribed and sworn to before me this day of 2Q.— Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-19 City Council 11 — 16 3/18/2025 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ® See Attached Document (Notary to cross out lines 1-6 below) © See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange OUGAN E. CIIURNOLK Noury Public • Calilarnia ornnr county Ca4nmisalm 0 2377551 My Lamm, Fxpkes Ott 5, 2025 Subscribed and sworn to (or affirmed) before me on this 23 day of January , 20 25 , by Date Month Year (1)_„„_ Michael Amundson (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the persgin(si) who appe"d,before me. Public Seal t Place Notary Seat Above 'OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) item 95910 City Council 11 — 17 3/18/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 01/21/2025 before me, _ Adrian Benkert-Langrell, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(les), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ADRuw err M +a COWL #2WW48 A Nowy 6 "COUNN W Comm. r�9 i, 20�8 (Seal) City Council 11 — 18 3/18/2025 Bond No. CSBA-29561 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a trite copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZL'RICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2023. N,,,nne"„,` 1"oYvbn ti W'ru1w4 i tT ``o�M40�pdq F� SEAL SEAL t'sEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARVLAND By: Robert D. Murray Tice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice Presideot and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, aryl being by me duly sworn, deposeth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison mna+•. 1sp�_ OEaMEVE IA. MAISON- M RAW PUBLIC :�f BALTIMORE COUMV,� MD ��++r�,,;,,,�`',, CanYnNMe"E JMia1NiYTi.TOTS Authenticity of this bond can be confirmed at bondvandstor.zurichna.com or 410-559-8790 City Council 11 — 19 3/18/2025 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21st day of January . 2025 , ,apf�WSJ, a` ,'4 +�d t•��^`Lr�lc t� 9.= 7 t+ s Cf �n ; s SEAL fi = Sr' SEAL m, '; SEAL ,Nk1, 11l, "1"LV?a '�q11„aaA yi~7114111"INa�a`, Ily Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 renortsfclaims(a)zuriclina.coni 900-6264577 Authenticity of this bond can be confirmed at bondvalidator.zurichna-eom or 410-559-8790 City Council 11 — 20 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: V2% of the bid or $ 10,000, whichever is greater • Buildings, parks, or other projects: '/,,% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name CeL�e � 9Lkr'J License 9/Exp. DIR Reg.#IExp. 10 600 0 1 3 1A)cation 0'r& in g t-' CA Phone (1111L'As- Type Of Work Svrj Amount $ Name License 9/Exp. 'I 16 366 DIR Reg. #/Exp. 106060 Ilj License 4 1165010 Location aA Phone Type Of Work' AMOUnt $ 4,0r00 Name SXq1'+&gn License #/Exp. (.1q512) DIR Reg.#/Exp. 100 6016)6 License # k010�2 Location 6 f- , CA Phone q � C(5 5 6 'type Of Works Arnount $ A14400 Signature(.',of Bidder Michael Amundson, Vice President License #/Exp. 5toj I 9J'b1L"!k2t6 DIR Reg.#/Exp. 1pocoos*365 Location ',TLA VU g A Phone L161) 68;4-1�51 Type OfWork ' -crj� Amount $ I I 1�. 0 Name \J -0, 6-Tete' License 4/Exp. 664 6 06 1 Al2,01 U-A6 Lily. Reg. #/Exp. 1000061q9I, License 9 G:5,jso,6 Location a %-&yx CA Phone !j c�ot -1 Type Of �V- o rk " J�o 9 In aj e. Amount $ J-1,000 Name License #/Exp. DIR Reg. #/Exp. License 4 Location Phone Type Of Work Amount $ City Council 77 01 1'- 11 — 21 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I . Please see attached Past Pro'ect References Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Please see attached Past Pro'ect References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Please see attached -Past PrQ ' ject References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached Bond & Insurance Companies City Council - ° - — 22 3/18/2025 Hardv & Hamer. Inc. Past Proiect References OWNER/AGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Cathedral City Armando Baldizzone Panorama Neighborhood Pavement Reconstruction 68-700 Avenida Lalo Guerrero (760) 770-0340 Contract Amount: $636,000.00 Cathedral City, CA 92234 abaldizzonegcathedralcity.gov Completion Date: July 2024 City of Ontario Yesenia Lopez 2024 Spring Pavement Rehabilitation Project 303 East "B" Street (909) 395-2103 Contract AmounC $2,041,000.00 Ontario, CA 91764 ylopez@ontarioca.gov Com letion Date: June 2024 City of Los Alamitos Chris Kelley Bloomfield Street Improvement Project 3191 Katella Avenue (562) 431-3538 Contract Amount: $207,000.00 Los Alamitos, CA 90720 ckelle cit oflosalamitos.or Completion Date: April 2024 City of Rancho Santa Margarita Tri Nguyen Fy 23-24 Annual Residential Overlay 22112 El Paseo (949) 635-1813 Contract Amount: $829,425.00 Rancho Santa Margarita, CA 92688 tnguyengcityofrsm.org Completion Date: March 2024 City of Vernon Lissette Melendez Gifford Ave, 48th, 49th & 50th Street Improvements 4305 Santa Fe Avenue (323) 583-8811 Contract Amount: $792,000.00 Vernon, CA 90058 Imelende cit ofvemon.or Completion Date: March 2024 City of Signal Hill Davina Buenavista Palm Drive Pavement Rehabilitation Project 2175 Cherry Avenue (310) 766-6985 Contract Amount: $774,000.00 Signal Hill, CA 90755 dbuenavista@koacorp.com Com letion Date: October 2023 City of Manhattan Beach Gilbert Ramos Cycle 2 Street Resurfacing Project 14000 Highland Avenue (310) 802-5353 Contract Amount: $3, t 10,000.00 Manhattan Beach, CA 90266 ramos anhattanbeach. ov Completion Date: September 2023 San Bernardino County Lary White Rain Shadow Road and Other Roads 825 East 3rd Street (909) 663-7599 Contract Amount: $830,000.00 San Bernardino, CA 92415 lwhitc@dpw.sbcounty.gov Completion Date: September 2023 City of El Segundo Floriza Rivera FY 23/24 Pavement Rehabilitation Project 350 Main Street (310) 524-2361 Contract Amount: $1,635,000.00 El Segundo, CA 90245 frivera else undo.or Completion Date: July 2023 City of La CaSada Flintridge Nasser Shoushtarian 2023 Citywide Street Resurfacing Program 1 Civic Center Drive (818) 790-8882 Contract Amount: $1,060,000.00 La Caflada Flintrid e, CA 91011 nshoushtarian@lcfca.gov Completion Dat: June 2023 City of Palos Verdes Estates Monica Pango FY 21-22 Street Improvements 340 Palos Verdes Drive West (951) 475-3625 Contract Amount: $1,138,000,00 Palos Verdes Estates, CA 90274 mpango@,hrgreen.com Completion Date: May 2023 City of Norwalk Delfmo Consunji Local Streets Rehabiliation CDBG FY 22-23 12700 Norwalk Blvd (714) 686-8911 Contract Amount: $956,000.00 Norwalk, CA 90650 dconsun i oe-cn .com Cam letion Date: April 2023 City of San Gabriel Alam Mai CDBG Street Improvements Project FY 22/23 425 S. Mission Drive (626) 308-2825 Contract Amount: $490,000.00 San Gabriel, CA 91776 amai@sgch.org Completion Date: March 2023 City of Fullerton Rafael Chavez Residential Street Rehabilitation 303 West Commonwealth Avenue (714) 932-7506 Contract Amount: $1,204,780.00 Fullerton, CA 92832 rafael.chave ci oflnllerton.corn Date: February 2023 City of Moreno Valley _Completion ¢uang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21/22 14177 Frederick Street (951) 413-3159 Contract Amount: $2,444,260.00 Moreno Valley, CA 92552 quangnamoval.org Completion Date: December 2022 City of Grand Terrace Kamran Dadbeh Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave 22795 Barton Road (909) 824-6621 Contract Amount: $570,000.00 Grand Terrace, CA 92313 kdadbeh andterrace-ca. ov Completion Date: September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 11111 Brookshire Avenue (562) 904-7110 Contract Amount: $2,875,000.00 Downey, CA 90241 dgutierrAdowncyca.org Completion Date: June 2022 City of Orange Youichi Nakagawa Prospect & Spring Right Turn Lane Modification Project 300 E. Chapman Avenue (714) 744-5572 Contract Amount: $920,000.00 Orange, CA 92866 ynakagawa(dcityoforange.org Completion Date: June 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818) 898-1243 Contract Amount: $465,000.00 San Fernando, CA 91340 mfabian@sfcity,org Completion Date: May 2022 City Council 11 — 23 3/18/2025 Hardv & Harner. Inc. Past Proiect References OWNERIAGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 10 11111 Brookshire Avenue (562) 904-7110 Contract Amount: $2,355,000.00 Downey, CA 90241 d utierr downe ca.or Completion Date: April 2022 City of Jurupa Valley Desiree Flores 2021-22 CDBG Old Mira Loma Pavement Rehabilitation Project 8930 Limonite Avenue (951) 332-6464 Contract Amount: $810,000.00 Jurapa Valley, CA 92509 dflores iuru avalle .or Completion Date: April 2022 City of Anaheim Lorenzo Rea Residential Street Improvement Project - Lotus & Torry, Group 13 200 S. Anaheim Blvd (714) 765-6893 Contract Amount: $5,806,000.00 Anaheim, CA 92805 Ire anaheim.net Completion Date: March 2022 County of Riverside Hector Davila Fisher Street Resurfacing Project 3525 14th Street (951) 955-6885 Contract Amount: $785,560.00 Riverside, CA 92501 hedavila rivco.or Completion Date: February 2022 City of Chino Hills Carl Hassel Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909) 364-2817 Contract Amount: $408,000.00 Chino Hills, CA 91709 chassel@cbinohills.org Completion Date: December 2021 Los Angeles County Peter Sanque Pavement Reconstruction (Sustainable) North LA County 900 S. Fremont Avenue (661) 947-7173 Contract Amount: $1,873,929.57 Alhambra, CA 91803 psanquc@pw.lacounty.gov Completion Date: November 2021 City of Loma Linda Jarb Thaipejr Pavement Rehab. on Barton Rd, Bryn Mawr & Orange Grove 25541 Barton Road (909) 799-2800 Contract Amount: $462,590.00 Loma Linda, CA 92354 Thai 'r lomalinda-ca, ov Completion Date: November 2021 City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951) 270-5607 Contract Amount: $785,000.00 Norco, CA 92860 snelson ci.norco.ca.us Completion Date: September 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N. Irwindale Avenue (626) 430-2259 Contract Amount: $544,311.93 Irwindale, CA 91706 1 imentel irwindaleca, ov Completion Date: May 2021 City of Brea Steve Kooyman Imperial Highway / Berry St. Intersection Improvements 1 Civic Center Circle (530) 318-1066 Contract Amount: $579,648.80 Brea, CA 92821 skoo man interwest .com Completion Date: May 2021 City of Colton Jess Sotto FY 20-21 Asphalt Paving Project 650 N. La Cadena Drive (909) 370-5551 Contract Amount: $2,695,493.64 Colton, CA 92324 'sotto cottonca. ov Completion Date: May 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E. Olive Avenue (818) 238-3946 Contract Amount: $1,253,099.98 Burbank, CA 91502 asalchi(@i)urbankca.gov Completion Date: April 2021 City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II (Rebid 2) 300 West Third Street (805) 385-8280 Contract Amount: $6,550,000.00 Oxnard, CA 93030 renee.hatcher@oxnarea.org Completion Date: November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951) 413-3100 Contract Amount: $4,080,364.90 Moreno Valley, CA 92552 urchasin division oval.or Date: November 2020 City of Cypress _Completion Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,000.00 C ress, CA 90630 abangean@cypressca,org Completion Date: August 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Contract Amount: S 1,45 1,000.00 Banning, CA 92220 avela bannin ca. ov Com letion Date: March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East "B" Street (909) 395-2012 Contract Amount: $4,261,000.00 Ontario, CA 91764 urchasin ontarioca. gov Completion Date: October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N. Garfield Avenue (626) 744-7403 Contract Amount: S2,424,216.00 Pasadena, CA 91101 tan(&cityofpasadena.net Completion Date: April 2019 City Council 11 — 24 3/18/2025 anly & Harper, Inc. STATE LIC. Number 215952 Bonds & Insurance Companies Surety: Fidelity & Deposit Company of Maryland 777 S. Figueroa Street Los Angeles, CA 90017 (213) 270-0600 Agent: Commercial Surety Bond Agency 1411 N. Batavia Street, 4201 Orange, CA 92867 (714) 516-1232 Insurance: Burnham WGB Insurance Solutions 15901 Red Hill Avenue Tustin, CA 92780 (714) 505-7000 City Council 11 — 25 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1 Please see attached Past Project References Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Please see attached Past Project References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3. Please see attached Past Project References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Date Completed Type of Work Date Completed City Council 1 — 26 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.. 25-6711 CIVIC CENTER REHABILITATION NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making q� false certification may subject the certifier to criminal prosecution. Signed %" .Michae tfiundsc f California County o Subscribed and sworn to who appeared before me Vice President before me on this day of , 20_, by e on the basis of satisfactory evidence to be the person(s) Notary Public Signature Notary Public Seal P-12 of P-19 City Council . 11 — 27 3/18/2025 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ® See Attached Document (Notary to cross out lines 1-6 below) 0 See Statement Below (Lines 1`-6 to be completed only by document signer(s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the tNthfulness, accuracy, or validity of that document. State of California County of Orange Lcfcd- MORGAN E. CHURNOCK Notary Public - California Orange County Cummisxiun A 2377551 Comm. Expires Oct 5, 2025 Subscribed and swom to (or affirmed) before me on this. 23 day of January, 2*3 25 by Date Month Year (1) Michael Amundson (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. r Signature naereofoPublic Seal Place Notary Sea/ Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: 02014 National Notary Association • www,NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item tt5910 City Council 11 — 28 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City Council - ° - — 29 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITAT10N 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering, agency may direct as means of enforcing such provisions,, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination sliall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Firma Hardy & Hat -per, Inc. Date: January 20, 2025 City Council P-14 01 P- �11 — 30 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25�-6711 CIVIC CENTER REHABILITATION STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors oil contracts exceeding $30,000 or 20 working days shall: I . Apply to the joint apprenticeship committee administering the apprenticeship standards, of the craft or trade in the area of the site of the public work, for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Micl ael Amundson. Yiu Ergaident Firm: Hardy & Harper, Inc. Date: January 20, 2025 City Council r- 15 oT r- P — 31 3/18/2025 CITY OF SAIATA ANA PROPOSAL PROJECT25-6711 CIVIC CENTER REHABILITATION STATEMEN'r REGARDING "ANTI -KICKBACK" REQUIREMENTS, The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled, Signed: Title: Michael AMUndson, Vice President Firm: Hardy & Harver. Inc, Date: January 20, 2025 71-15 of P- I City Council 1 — 32 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 2,5-6711 CIVIC CENTER REHABILITATION 1201919 9490MMIMINUM We Wall 11111=111021 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 COITeCt: 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 froi-n the Regulation under section 2449. l(t)(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(t)(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 deerned an Emergency, as defined under section 2449(c)(I 8). 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. Name of Bidder: Hardv & Harmer. Inc. Signature: Name: Michael Amundson Title: Vice President Date: January 20, 2025 City Council 1-- 17 OT M 111 — 33 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CHIC CENTER REHABILITATION PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. City Council 1 — 34 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO�.: 25-6711 CIVIC (ENTER REHABII-,ITATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays,. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: Michael Amundson, Vice President Firm: Hardy &,HaEper,Inc. Date: Januaij 20, 2025 City Council P- 19 ot P- 11 — 35 3/18/2025 I IYIII IIV IIII YII ICI IIY I II IIII YII IIII INN IYM Iql III UI STATE OF CALIFORNIA Office of the Secretary of State • STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 657-5448 Entity Details Corporation Name HARDY & HARPER, INC. Entity No. 0443071 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Mailing Address of Corporation Mailing Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Attention Street Address of California Office of Corporation Street Address of California Office 32 RANCHO CIRCLE LAKE FOREST, CA 92630 officers For Office Use Only -FILED - File No.: BA20241230236 Date Filed: 7/1/2024 Officer Name Officer Address Position(s) Kristen S. Paulino 32 RANCHO CIRCLE Secretary, Chief Financial Officer Lake Forest, CA 92630 DANIEL THOMAS MAAS 32 RANCHO CIRCLE Chief Executive Officer LAKE FOREST, CA 92630 Additional Officers Officer Name Officer Address Position Stated Position Michael A Amundson 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Vice President Directors Director Name Director Address Tessa Irene Maas 32 Rancho Circle Lake Forest, CA 92630 Daniel Thomas Maas 32 RANCHO CIRCLE LAKE FOREST, CA 92630 0 Kristen S Paulino 32 RANCHO CIRCLE LAKE FOREST, CA 92630 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address KRISTEN S. PAULINO 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Type of Business Type of Business ASPHALT PAVING CONTRACTOR w N to o, i N W co 0 0 N 0 N N 0 m fD 0 rD W- m Pi Cr n fu W• rfi 0 n r- fy to 0 r] n m rt 1v kf K 0 rn {n rt AD rt rD City Council 11 — 36 3/18/2025 Page 1 of 2 Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kristen S. Paulino 0710112024 Signature Date F' 0 rn m n cD a ter n r-n 0 FI ;J to m n n m rr sL 0 to su City Council 11 - 37 3/18/2025 page 2 of 2 CON CTORS C�CC� STATE LICENSE BOARD ACTIVE LICENSE 0 �— ...215952 F� CORP . .... HARDY & HARPER INC A C-8 C 1 2 , .r,— o.. 12131 /2025 cslb.ca.00v i�larol www _ City Council 11 — 38 3/18/2025 5/28/24, 9:15 AM Registrations :Contractor Information Legal Entity Name HARDY & HARPER, INC. Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 07/01/24 Registration expiration date 06/30/25 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United State... Physical Address 32 Rancho Circle Lake Forest 92630 CA United State... Email Address cicarnen@hardyandharper.com Trade Name/DBA License Number (s) CSLB:215952 CSLB:215952 Legal Entity Information Corporation Entity Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation . ........ istration History Effective Date Expiration Date 06/15/18 06/30/19 05/09/17 ................... .._ 06/30/18 ._ .......__........... ....... ................... i 06/0/16 06/30/17 06/19/15 06/30/16 07/02/14 06/30/15 07/01/19 06/30/20 07/01/20 06/30/21 07/01/21 06/30/22 07/01/22 06/30/23 07/01/23 06/30/24 07/01/24 06/30/25 C0443071 Daniel Maas Commercial Surety Bond Agency 1411 N. Batavia Street, #201 Orange 92867 CA United States of America Do you lease employees through professional Employer Organization (PEO)?: Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email i Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: No Hardy & Harper, Inc. BITCQ General Insurance Corporation CAP3742814 04/15/24 04/15/25 https:/Ioadir.my.sa&t"r" YContractorSearchlregistrationSearchDetails?id=dp140(WlvmkbEAA 3/18/2025 1f1 V J1J11tjj It �tj%,jl I.A EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT 25-6711 CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.) This CONSTRUCTION CONTRACT is made and entered into this 18th day of March, 2025 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 Hardy & Harper, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Civic Center Rehabilitation (Shelton to Flower St.) 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 Nine Hundred Fifteen Thousand Dollars and No Cents ($915,000), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 11 — 41 b7T8 2 25 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: CWA City of Santa Ana 12-20-2023 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. &. 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 11 — 42 5 (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 pet -sons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work offinprovernent. (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: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SOMA R. CARVALF10 City Attorney By� V, Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil SabaDate: 2025.03.03 08:10:54 -08'00' NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO'NUf14EZ City Manager CONTRACTOR: Hardy & Harper, Inc. L NAME: Michael Amundson TITLE: Vice President City Council 11 —43 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11189 A notary public or other officer completing tNs certificate verifies only the idontty of the individual Who signed the, docurnent to which thus certificate is attached, and not the truthfulness�, accuracy, or validity of that docurnent. State of California County of . . . ..... On Ee r� before rne, MgLgLjjv.JE _Qhurnock._NQ_t_a_rY_E_L&1 LQ_ Date Here Insert Marne and Title of the Officer personally appeared Mi2h.... 0 Arrlw a!� Name(s) of S;gner(s) who proved to me on the basis of satisfactory evidence to be the person(whose nwlne(lis/,W subschbed to the witlfln Instrument and acknowledged to rne that he/sKe/tIXy executed the same in his/1-mr/thicir authorized capacity(iG!t), and that by his/ttvr/their signature(N) on the instrument the person(*, or the entity upon behalf of wNch the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws, of the State of CaliforNa that the foregoing paragraph ps true and correct. Or,, WITNESS my hand and official se31. Cl Signaturi��' Public Pkice Notary Seal Above I OPTIONAL Though this section is optional, completing this information can deter alteration of the document 01' friudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of DOCUrnent: ------ Document Date: Number of Pages: — . Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) &gner's Narne: _Mj&aLjA-j nja [Y,! Corporate Officer — Tifle(s): _V_Lce..2ms!dCrjj Ej Partner — E-] Limited 7 General i I Individual D Attorney in Fact L �'Trustee 1 -1 Guardian or Conservator ] Other� . . ......... &qner Is Representing. ...... Signer's Nanie:---. . . . ...... E] Corporate Officer — Tifle(s): F1 Partner — E-1 Lirnted I'.] General [1 Individual Attorney in Fact Trustee L]Guar6an or Conservator Fj Other: Signer Is Rel.)resenting: -A 'x 74:'N1U'"N7rX 7,7fT"X"C"C"UC M" I ZX C� National Notary Association - www.NaticinalNotary.org - 1-800-US NOTARY (1-800-876-6827), Itern 05907 City Council 11-44 3/18/2025 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM. Hardy & Harper Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 1,120 CY S) 2. 5• e o $ j y of b o o• 00 2 Construct 3-Day Care PCC with Dowels 10 CY S )1 1 0 0.00 $ 11? 066 . p0 3 Asphalt Concrete (AC) Pavement* 1,260 TN S , -75. O 0 $1-1e,SdO•e6 4 Asphalt Rubber Hot Mix (ARHM) 1,130 TN S i O.O b $� &q .560.06 5 Cold Mill (2') 57,200 SF S D• la 0 $ 3 4 j S "• 0 0 6 Class lI Base* 300 TN $ .' S . 0 0 $2,2, 506.00 7 PCC Sidewalk (T=4") 2,000 SF $) . O O $g4 006• 00 8 Colored PCC Sidewalk (T=4") 2,600 SF S 1y•oo S 3L, 400. 00 9 PCC Curb Ramp 200 SF $ $ L 000. 00 10 PCC Curb and Gutter (Type A-24)* 400 LF S �a•OC $ AS) Ob0.04 1 I PCC Cross -Gutter (Local Street) 200 SF $ 3 G. OO $ 6, 000- 00 12 Root Shave 18 EA S Soo •oo S a�oao.aa 13 Topsoil Backtill 20 CY $ 200.60 S t1 � 000• d0 14 Furnish and Install New Water Valve Frame and Cover 20 EA S ,'AOO.Od $ 000.06 P-1 of P-19 City Council 11 — 45 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Item Description Qty Unit Unit Price Amount 15 Adjust Sewer and Drainage Manhole to 28 EA 1 a. Db • 00 00.00 Finished Grade 16 Furnish and Install New #6 Pull Box 5 EA $ l � ot30 . oa � 5, OOQ• ao 17 Adjust Survey Monument to Finished Grade I EA i-404 ,00 �� 500.00 18 Furnish and Install Traffic Loops Type F 9 EA 1 Sao. ob 19 Furnish and Install Traffic Loops Type E 21 EA 540.00 * !Ot Soa .00 20 Furnish and Install Traffic Loops Type Q 3 EA 4560•00 $lJ566•56 21 Project Advertisement Sign I EA $3,600.60 43,000•06 22 Signing and Striping I LS $}i3, 480.00 ;113,416,00 23 Construction Permit I LS $7,100 $7,100 P-2 of P-19 City Council 11 — 46 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION TOTAL BASE BID S 115" 00 0.0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25°/d' limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,000 per calendar day. Name of Firm Signature of BIDDER Inc. Title - Michael Amundson. Vice Pre�jdent (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-19 City Council 11 — 47 3/18/2025 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION IDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Hardy & i- 4=r Inc. Signature of BIDDER Title - Michael Amundson, Vice PrSaident (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-19 City Council 11 — 48 3/18/2025 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PERFORMANCE BOND This bond was issued in two (2) original counterparts Bond No. 7673615 Premium: $4,426.00 WHEREAS, the City of Santa Ana (hereinafter referred to as the "City") has awarded to Hardy & Harper, inc. (hereinafter referred to as the "Contractor") an agreement for Contract No. (hereinafter referred to as the "Project"); 'Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated _March 18th: 2025 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Fidelity and Deposit Company of Maryland as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Mne Hundred Fifteen Thousand and ootioo Dollars, ($ 915,000.00 __),said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. City Council 11 — 49 3/18/2025 CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] City Council 11 — 50 3/18/2025 CITY OF SA "TAB ANA APPENDIX C PROJECTNO.: 25-6711 CIVIC CEN,FER REI-JABILITAT"10N IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of February 1 2025 (Corporate eal) (Corporate Seal) (,Attach Attorney-in-17act C ertificate) Hardy & Harper, Inc. Contractor/ 1-11" al By Title Michael Aniundson, Vice President Fideflly.and Deposit CoE!2Fan of Ma land .. . . . ........ Surety By Attorney -in -Fact, Dwight Reilly Title Attorney -in -Fact or m The rate ol"prernium on this bond is $6.6o/s4.m$4.4o Per thousand. The total arnoUntr ofprernil.1111 char es is $ 4,42.6..00 ("me above must be filled in by corporate attorney.) ,jr, Ij I S IS A RF`,AJIREQ FORM Any clairris under this, bond may be addressed to: (Narne and Address otSurety) Fidelity and Deposit Company of Maryland 777 South Figueroa Street Suite 3900 Los Angeles, CA 90017 (Name and Address ot'Agent or Commerc4 Surety Bond enc Representative f'or service of 1411 N. Batavia 5.t. Suite 201 process in California, if different Orange, CA 92867 from above) (Telephone number ol'Surety Suretv: (213 270-0600 / Aaent: (714) 516-1232 and Agent or Representative for service of'process in California) City Council 11 —51 3/18/2025 ci,ry OF SANTA ANA APPENDIX CC PR0JEC7l'N(_),: 250711 CAVIC CI:,NTER RF,,A 1ABILITATION Notary Acknowledgment c M. other offlicor conipMing this certif"Icate k cri .1c, ITT Islip or Me indi% idwd Nvho mpwd me MUM= to "Rich dos cediwalte k attach cdc mid nothe trullffuliloss, ac:ur,w, 01, % AidiOfdlat dOCL1111CM, STAIT OF CA11R)RNM COUNIN OF 011 F'e(rUary 27 2021_, bef'ore nic, Nlorjn E(Aim g, -nocl, Nmmy PuNiq pummAy . `jaw AW TO, Of OB4,. L, Bo, N,o r, luhhc anxamd Nlichacl AiiiitLidsi�n . wMo ho ved to me on the bask of satisltcuny b . . .......... . . N,111ios) M evidence to be the persoms) whose name(s) issue subscribed to the xvithin illy 1111111CIIL 'Llud acknok0edged to 11,1c tat hcAhedhey execued the same in hither/their authorized capacky0el, and that by hk/her/their sigomiture(s) cm the instrument the person(sy or the endty upon befmHVI'which We pcNoWs) acwd. exccmcd the instnmient. I Cel'fif'r' Under 1IFNALTY OF PF,11JURY under the laws of the State orCalifornia dmt dw fbmgdng pamgraph is true and correc YMP.,A, �4, WITNESS ng hand and officinal sul, 0 S OFA)NAL Thoogh 0w o�fi)rmaooa helow r v not �'j JUJI , rf gJaCtnl�a�rra,dvahi ,Ibhu, t+,rm,ms re/.yfgran 6w auclonew omj 4, o0ci orvs , re /raudulum rvnyol ad mum a'eWhIChMeW Q/ IhM fW M 10 uih(WNCI 61000MOW, CAPACITY CLAIMED BYSK';NLR DESCRIPTION OF ATTACHED DOCUMEN Corporltc 011 , leo, j Limited Nmla aPnes rustce(s) GualdiawConsorvalov Mcr: Signer is n�presL�ntijq,,: Named Ahow W FK 71is acknoWedgwnt is to be nNnMewd Q WounmAINtY. My Council 11 -52 3/18/2025 CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHAB] LITATION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individt '11 A,ho sigpied the document to which this certificate is attached, and nor the truthfulness, acCUracy, or validity ofthat document. STATE OF CALIFORNIA COUNTY OF_ (Oren e Oil February 26th 2025 , before rne, Melissa Ann Vaccaro Notary Public, personally D.ol Naine A 1 Dfl. OfOffiar (e 9 ' Jane D,n, No, j I)( PUH I C') appeared Dwiaht Re;",, who proved to me on the basis of satisftictory evidence to be the person(s) whose name(s) is/are SUbscribed to the within ioStllffllent and acknowledged to me that he/she/they eXCCL.Ited the same in his/her/their authorized capacity(ies), and that by his/her/their sipiature(s) on the instrUrnent the person(s), or the entity upon behall'of'which the personas) acted, CXecUted the inStrUrnent, 1 certify under PENALTY OF PERJURY Under the laws of the State ofCalifornia that the foregoing paragraph is trLIC arid correct. SA Air N VA( (CqAM 42401942! WITNESS iny hand and official sea]. §Vito COUNTY ak 12, 2026 fx ft,, NNow% Sd Ab� Melissa Ann Vaccaro OPTIONAL "hough the in . lormation below vy nol ragweed hy law, a Incly prove vahulble to pet -sons relYing on the documeni (Irld rcmoi�ri! and reanachment to urea her docuppeNt. CAPACITY C LAINIED BY SIGNER DESCRIPTION OF ATTACHED DOCUINIEN'll' Individual Corporate officer Performance Bond . . .... . . . . ...... . .... ... 1111111111 ....... . . . — - - - I' t e(s) "I ifle or 'I )Te of Docunwnt Partner(s) Limited General Number oo"Pages X Attorney -In -Fact Trustee(s) February 26th, 2025 . . ........... . . GUarcfian/Conservalor Dow ofDoeunmet Other: Signer is representing: Name Of Perswi(s) Or EntityOes) 0,11 0-00, Ll!�� IMP. Mlk Z A Signer(s B Other Thrm Named Above NOTE: 'I his acknowledgment is to be cornpIeted for the Attorney -in -Pact, The Power -of Attorney to local representatives of the bonding company Mast also be attached, END OF PERFORMANCE BOND City Council 11 —53 3/18/2025 Bond No. 7673615 ZURICH AMERICAN INSURANCE COMPANY COLONIAL A]1IERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation ofthe State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section S. of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof; do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian I.ANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, ofthe By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 2025. SEAL I P� l �; ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Christopher Nolan Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Viee President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Officiai Sea] the day and year first above written, Genevieve M. Maison Notary Public My Commission Expire January 27, 2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 City Council 11 — 54 3/18/2025 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of February , 2025 . .y�wiierxxM k•u.. yb. Eyz evo F rsQ ���a�_ma2 SEAL $ ; Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 re ortsfclaitns r'�z zurichtia.com 800-626-45 77 Authenticity of this bond can be confirmed at bondvalidator.zurichnn.com or 410-559-8790 City Council 11 — 55 3/18/2025 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE CITY OF SANTA ANA original counterparts FINAL CONTRACT AMOUNT BONDS Bond No. 7673615 PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PAYMENT BOND (LABOR AND MATERIALS). WHEREAS, the City of Santa Ana (hereinafter designated as the "City"), has awarded to (hereinafter designated as the "Principal") an agreement for Contract No.. (hereinafter referred to as the "Project"); *Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated March 18fh, 2025 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and '; Fid�eiit and Deposit com an of Mary Tana , as Surety, are held and firmly bound unto the City in the penal sum of ** Dollars ($915.000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. **Nine Hundred Fifteen Thousand and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants City Council I of 511 — 56 3/18/2025 CITY OF SANTA ANA BONDS PROJECTNO.: 25-6711 CIVIC CENTER RE41ABILFFATION othenMse entitled to recover under any SuCri contract or agreement or, ITAPT77MLEM t fraud practiced by ainy person other than the claimant seek�ing to recover on the bond and th this bond be construed most strongly against the Surety and in favor of all persons for who lity benefit such bond is given, a�nd under no circumstances shall Surety be released from liabil ' ity those for whose benefit such bond has been given, by reason of any breach of contract betwe the owner or the City and original contractor or on the part of any obligee named in such bo n but the sole conditions of recovery shall be that claimant is a person described in Civil Co Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we, have, hereunto set our hands and seals this 25thday of February_ 2025, (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Hardy & Harper, Inc Contractr(A-l" By Title Michael Amundson, Vice President Fidelity and Deposit .qqm any of Maryland Surety By Attorney -in -Fact., Dwight Reilly Title Attorney -in -Fact City Council 2 of 511 — 57 3/18/2025 CITY OF SANTA ANA BONDS PROJECTNO,: 25-6711 ClVK: CENTER RMIABITATATION Notary Acknowledgment �cw other o ffilcer. conqfleti III; this cord ficalle \ ell Ins �iq of We &TWA Wo Agwd Kc dmummt to "16 dills ceminc ate is nttachcd, amd not the &ruthfulncss. Ofd-Mt CIOCLMICW_ COUNTY OF_ Qr0l),gC 011 2YI1, behre me, M-9-11glE. Unumoqk Notary flublic, personaHy Me h0t� Of Offi,m a, g !;uw Dow Notw, appeared --.LvJi-chaeLAnuucL,,on-- who prtwed to me on the bask of'satisfactor),, 'a"o,rhef,o,,f S,,�ro.) evideneQ to be the person(s) %vh(..)se tianic(s) is/are s6saled W the within instrument :in(] aclo-Iowledged to me that h01ShQ1thQy CXCCLltCLf 111C Same W his/her/their aLlthorized capacity(ies), and that by hisledtheir signalure(s) On the illStl-LIHIC111 the perstmysY Mhe emity upon behall'of'which the person(s) acted, excaaed the inmrwnent. I certify under PENALTY O6gong paragraph PERJURY under the jaws orthe stme ovaliforna tat terei is true and c�.)rrw 2,2: W� %44:11K ,! J51 W ll,-, Notm, SM Abo,>" S gmut Ee o I N are I OPTIONAL JoVr),, r t nol ?eqwred hv H MWrpk(),, 11,1,,hl, [, ld,, V,,, e 1/1 )g r)u, OMCM CAPACITY CLAINIED 10SIGNER DESCRIPTION OF ATTAMED DOCUMENT Corporate 0I beer . . ...... . .......................... .. ......... I do 01 1 � Iv ol Dm;un'lelll 100M WHO K"S At torn ey- I n - Fac i GLK11-diJlI;`('0HSCI'� JIM" SQur k IvpwwmQ,-,: Njow 01'I'k-r,"Amus} Or krW(les) . ........ . .................. . ... ............. Ntr FK Ids acknoMedgment is to he canoded W Qnv"uwAlWctM, ] o G My Council 11 —58 3/18/2025 CITY OF SANTA ALGA BONDS PROJEur NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual Who Signed the document to which this certificate is attached, and not the truthRilriess, accuracy, or validity ofthat document. STATE OFCALIFORNIA. CO UN TY OF Qj n( e a - On Fgbruaa 26th. 202-5.... before me, Melissa Ann Vaccaro............, Notary ftbfic, personally 1W, Nome And r,de OfOfficei (e g 'rw)e Doo N,,wn Pubhc appeared Dwight Reil,ly who proved to me on the basis of satislactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisdier/their S1,011atUre(s) on the instrument the person(s), oi- the entiq upon behalf of which the person(s) acted, executed the i ristrUment. I certify under PENALTY Cfl PERJURY tinder the laws of the State or Calil'ornia that the foregoing paragraph is trite and correct. X419 VACCARO COMNI #2401942 WITNESS my hand and official seal. rz ORANGE C()UNTY lo ✓N1, Cwwm NlaC Lxp�fos y 12, Pkicc Naia,N SGnf� ,bockSialwaire of Notat)� Pubhe Mekssa Ann Vaccaro OPTIONAL Though the irifortuation below is P,iol reqwred by /au, Bi maj prove valuable, to persuns rs,ymg on the document and could prevew,lra iedulent removul and rkafrachmew qfiho fimn lo another document (APACITN'CLAIMED BY SIGNER DESCRIPTION OF %,rr TACHED DOCUMEN"I Individual Corporate Officer - T1 llc( ") Partner( s) X Attoriiey-ln-Fact T'rustee(s) Guardian/Conservator other; Signer is representing: Name 01'11erson(s) Or Lmwy(ies) Urs FAMO P M8 a Igm LAinited General Payment Bond _�Labqr and Material Tuk (w Tpad , Of DOCUTTWIli u r Nunthet of Paaes Fqfprq@N_Z6.th 2025 [11te of Docunwni Si','rtU(S)Odler I han Narned Ahovti! NOTE: This acknowledginent is to be conipleted for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company inust also be attached. END OF PAYMENTBOND City Council 4 ot'51 1 — 59 3/18/2025 Bond No. 7673615 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation ofthe State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V. Section 8, ofthe By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance Df these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland-, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland-, in their own proper persons Thesaid Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Articic V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 2025, "'ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONML AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND c By: Christopher Nolan Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public ofthe State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1+-,�r1 Genevieve M. Maison Notary Public My Commission Expire January 27, 2D29 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 City Council 11 — 60 3/18/2025 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Artornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of .Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of February 2025 J $i.�tl $'t:iiL p3' '9' y ...... �'"m.........ola Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reWrtsfc lai to s0a zurich na.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 City Council 11 — 61 3/18/2025 ORANGE COUNTY CLERK -RECORDER CEQA FILING COVER SHEET Recorded in Official Records, Orange County Hu h N u en,IClerk-itfeco1rd{er I IIII III II � III III �II�I Ifil II�11 llll II�II ��� lill I II I��� No FEE $ R 0 0 5 3 0 6 8 3 3$ 20248500110210:30 am 12/19/24 428 Vitlndx ZO'i 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 .o�24 THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to sach CEQA Notice filed with the County Clerk -Recorder TYPE OR.PRINT CLEARLY Project Title CIVIC CENTER REHABILITATION SHELTON TO FLOWER Check Document beina Filed: 0 Environmental Impact Report (EIR) OMitigated Negative Declaration (MND) or Negative Declaration (ND) Notice of Exemption (NOE) 0 Other (Please fill In type): FILED DEC 19 2024 HUGH NGUYEN, CLERK -RECORDER BY: M.G.DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK -RECORDER ON Decembert®,2D24 Posted for 30 days DEPUTY MELISSA GOMEZ Filing fees are due at the time a Notice of Determination/Exemptlon Is filed with our oflice,For more Information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section'7Its,S. City Council 11 — 62 3/18/2025 MAYOR Valerie Amezoua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS PhIl Bacerra Johnathan Ryan Hernandez Jess€o Lopez David Panaloza Benjamin Vazquez PUBLIC WORKS AGENCY 20 CIvIc Center Plaza (M-36) P.O. BOX 19B8 . Santa Ana, California 92702 (714) 647-5690 • Fax (714) 647-5823 voww.santa-ana.org CITY MANA(3ER Alvaro NnBez CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 Tat COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Civic Center Rehabilitation Shelton to Flower Project Number(s): 25-6711 Project Location: Civic Center Rehabilitation from Shelton to Flower in the City of Santa Ana City: Santa Ana County: Grange ER Dumber: ER-2024-114 Date of Approval: 07/16/2024 Project Description: Reconstructionlresurfacing of asphalt concrete pavement. Portland cement concrete pavement, curb & gutter, cross gutter, and curb ramp repairs. Traffic Improvements include traffic loops and striping. Applicant !Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 16269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)1(5)) ❑ Statutory Exemption: Z Categorical Exemption: 15301(c) Reason(s) Why Project Is Exempt From CEQA: 16301(c) consists of existing streets, sidewalks, gutters, bicycle trials, and similar facilities. City Contact: Alexandru Bangean Title: Senior Civil Engineer Signature:--"°��� SANTA ANA CITY COUNCIL FILED DEC 19 2024 HUM NGt1YEN, CLERK -RECORDER BY. - 67. DEPUTY Telephone: j(714) 647-5666 sidewalk, Valerie Arnazwo Davfd Penaloza Mayor C j t ffard 1 ward 3 ware z 11 — 63 ward 4 w 8/2025 ward e vemez u a- n n ha a nIa S a o lessletooez eante One vru hvazauaNt�sanla-anaU abacerra0sama ana.ora an a dez same-ana.o dneealozal�santn-ona.om State of Califomia - Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01101123) Previously DFG 753.5a�...-- t�r'int 5tartOvar =?Save RECEIPT NUMBER: 30 -- 12/19/2024 -- 1085 STATE CLEARINGHOUSE; NUMBER (Itapplicable) SEE INSTRUCTIONS ON REVERSE. TYPE ORPRINTCLEARLY. LEAD AGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA 12/19/2024 COUNTYISTATE AGENCY OF FILING DOCUMENT NUMBER Orarige 202485001102 PROJECT TITLE CIVIC CENTER REHABILITATION SHELTON TO FLOWER PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA, PUBLIC WORKS AGENCY (714 )647-5665 PROJECT APPLICANTADDRESS CITY STATE ZIP CODE 20 CIVIC CENTER PLAZA M-36 SANTA ANA CA 92702 PROJECT APPLICANT (Check appropriate box) [a Local Public Agency ❑ School District E] Other Special DWrict ❑ State Agency Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $4,051.26 $ 0.00 ❑ Mitigated/Negative Declaration (MND)(ND) $2,916.75 $ 0.00 ❑ Certified Regulatory Program (CRP) document - payment due directly to CDFW $1,377.25 $ 0.00 0 Exempt from fee 21 Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) ❑ Water Right Application or Petltion Fee (State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE MELISSA GOMEZ, DEPUTY ORIGINAL - PROJECT srw HIN601 {Rev. OM1I2023) City Council 11 — 64 3/18/2025 �> � � § 3 -Q � \ CO R3� e/ F- Q) \ F - / F- 2 @ w E ul nQ) �$g U\/ Uƒ/ CL CL n n N N 00 00 , , � � co co , , CO N N § \ k § \ k C14 a a N a a \ c \ � 0 0 R C R C0 z 0LL/ 0 2 ® w k \ z ) 2 w 0 \ a @ > \ O G m N O N m (Y) & m S I � E _ 0 U � m Public Works Agency www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Ground License Agreement for Wireless Telecommunications Facilities AGENDA TITLE Ground License Agreement for Wireless Telecommunications Facilities at Three Existing Cell Tower Sites at El Salvador Park, Jerome Park, and the Santa Ana Stadium RECOMMENDED ACTION 1. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at El Salvador Park located at 1825 % Civic Center Drive West beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,163,572 (Agreement No. A-2025-XXX). 2. Authorize the City Manager to execute the Ground License Agreement with CCTM1 LLC for wireless telecommunication facilities on City property at Jerome Park located at 2115 W. McFadden Avenue beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,045,426 (Agreement No. A-2025-XXX). 3. Authorize the City Manager to execute the Ground License Agreement with NCWPCS MPL 30 — Year Sites Tower Holdings LLC, by and through CCATT LLC, for wireless telecommunication facilities on City property at the Santa Ana Stadium located at 951 West 6t" Street beginning April 1, 2025 through March 31, 2035, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $1,202,913 (Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The City currently has 17 existing wireless telecommunications facility lease agreements for cell towers on City park properties. These agreements were made between 2001 and 2012 and vary in terms, conditions, and format. The cell tower program is managed by Public Works Agency (PWA) Park, Fleet, Facilities, and Refuse Division. PWA is responsible for managing agreements, site analysis, and identifying and addressing deferred maintenance needs. When PWA initially took over the program, the existing agreements were inconsistent and thus, staff began discussions City Council 12 — 1 3/18/2025 Ground License Agreement for Wireless Telecommunications Facilities March 18, 2025 Page 2 with the City Attorney's Office to create a new standardized license agreement to better the process of managing agreements and tracking revenue generated. This newly formatted agreement will be used for new cell tower applications and modifications or renewals to existing agreements. A steering committee led by PWA worked on the development and creation of the standard agreement template. The steering committee included staff from the City Attorney's Office; Parks, Recreation, and Community Services Agency; and Pyramid International, a City consultant. Pyramid International conducted a rate study to make sure lease fees match fair market value. The study included researching agreements from private and public properties in neighboring cities and reviewing industry data. The municipalities surveyed included Costa Mesa, Orange, Newport Beach, and Fullerton. The survey showed average rent amounts of $3,692/month. Additionally, all four cities had escalation rates of 3%. The City's new standard agreement, for new sites, will increase the minimum initial rent to $4,000/month with a 4% annual escalation, which is significantly greater than most of the current Santa Ana agreements and the four surveyed municipalities. Crown Castle USA, a major wireless infrastructure company, manages five existing cell tower leases in four City parks - El Salvador Park, Jerome Park, Madison Park, and Riverview Park - as well as at the Santa Ana Stadium; of which, three of the locations, El Salvador Park, Jerome Park, and the Santa Ana Stadium are being updated (Exhibit 1). Each lease includes a tower disguised as a tree and includes ground space for carrier equipment. These agreements generate approximately $220,000 annually, which helps fund park maintenance and capital improvements. Recently, Crown Castle approached the City about modifying agreements at Jerome Park and El Salvador Park to allow a new carrier, DISH, to install equipment on the existing towers. This process is called colocation. To accommodate the colocations, DISH needs an additional area. The additional area at El Salvador Park can and will be accommodated within the current Crown Castle equipment room. The additional area required at Jerome Park is 66 square feet and will be provided in an exterior location adjacent to the existing Crown Castle equipment room. The location was vetted on site by Staff and brought into a discussion with the Cell Tower steering committee. The City plans to implement the new standard license agreement for these sites, as well as update the existing lease at the Santa Ana Stadium to a license agreement. The remaining two agreements, Madison Park and Riverview Park, are being updated and will be presented to Council at a later date. El Salvador Park has two cell tower installations. The first is owned by SBA and features a large "monopine" tree with an equipment room located near the poolside fencing. The second tower, owned by Crown Castle, consists of a large camouflaged "monopine" tree, with an equipment room attached to the existing restroom building. DISH's additional equipment will be housed in Crown Castle's existing equipment room, does not require additional ground area, and will not impact existing restroom City Council 12 — 2 3/18/2025 Ground License Agreement for Wireless Telecommunications Facilities March 18, 2025 Page 3 renovations. As this is an existing tower agreement, adding capacity and migrating to the new standard agreement, negotiations for additional revenues resulted in a 4% escalation, a one-time additional payment, and increased monthly rental rate from $3,457 to $4,322. Jerome Park has four cell tower installations. Two "monopalm" trees located adjacent to the concession building, one "monopine" tree located due north of the concession building, and one "monopine" cell tower located east at the park restroom building. The subject cell tower owned by Crown Castle is one of the "monopalms" by the concession, closest to the ballfield. The equipment room for this tower is within an equipment room located behind the bleachers of the southernmost baseball diamond. DISH's additional equipment will be housed in a new, 66 square foot exterior cage connected to the existing Crown Castle equipment room. As this is an existing tower agreement, adding capacity and migrating to the new standard agreement, negotiations for additional revenues resulted in a 4% escalation, a one -time additional payment, and increased monthly rental rate from $3,966 to $4,086. Santa Ana Stadium has two cell tower installations. The first, owned by Verizon, features a large camouflaged "monopine" tree with an equipment room located near the southeast corner of the stadium. The second tower, owned by Crown Castle, also consists of a large camouflaged "monopine" tree, with its equipment room situated along the southwest corner of the stadium, adjacent to 6th Street. The rent for this tower was negotiated in 2001, and was subject to annual 3% escalation rates. At this time, no capacity is being added to this location. As this is an existing tower agreement simply migrating to the new standard agreement, negotiations for additional revenues were limited to 4% escalation, a one-time additional payment, increased monthly rental rate from $2,368 to $2,400 and identifying potential future colocation fees. New Standard License Agreements Key features of the new standard license agreement include: • Maximum term of 25 years, • The City retains rights to relocate towers if needed for redevelopment , • Wireless carriers must notify the City before modifying equipment, • 4% annual rent increase, • The City must approve any future colocation requests, • Additional rent charged when extra land is needed for colocation, • Updated insurance requirements, and • A one-time additional payment of $3,500. Site/Park Monthly Fee for First Year License Fee for First Year El Salvador Park $4,322 $51,867 Jerome Park $4,086 $49,030 Santa Ana Stadium $2,400 $28,800 City Council 12 — 3 3/18/2025 Ground License Agreement for Wireless Telecommunications Facilities March 18, 2025 Page 4 Switching from existing lease agreements to the new standard license agreement provides several advantages: • More control over City Property allowing carriers to use City land without exclusive possession. Standardizes the agreements by ensuring all agreements follow the same terms and timelines. Streamlined process allowing staff to handle modifications, insurance, and liability changes more efficiently. Increased revenue potential as the City will receive additional rent for colocation. This approach will improve the City's ability to manage wireless facilities while ensuring fair compensation for the use of public land. Additionally, revenue generated by these ground license agreements will be utilized exclusively for the maintenance and capital improvements at City Parks. Therefore, staff recommends approving the two license agreements with CCTM1 LLC (Crown Castle subsidiary) for El Salvador Park and Jerome Park, and one license agreement with CCATT LLC (Crown Castle subsidiary) for the Santa Ana Stadium (Exhibits 2-4). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The funds from these new agreements will the specified years: be deposited into the following account for Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # FY 24-25 05113002- Capital Outlay Miscellaneous Revenue, $42,925 (Apr -Jun) 57363 Fund Cell Tower License Agreement FY 25-26 05113002- Capital Outlay Miscellaneous Revenue, $130,995 57363 Fund Cell Tower License Agreement FY 26-27 05113002- Capital Outlay Miscellaneous Revenue, $136,236 57363 Fund Cell Tower License Agreement FY 27-28 05113002- Capital Outlay Miscellaneous Revenue, $141,685 57363 Fund Cell Tower License Agreement FY 28-29 05113002- Capital Outlay Miscellaneous Revenue, $147,353 57363 Fund Cell Tower License Agreement City Council 12 — 4 3/18/2025 Ground License Agreement for Wireless Telecommunications Facilities March 18, 2025 Page 5 Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # FY 29-30 05113002- Capital Outlay Miscellaneous Revenue, $153,247 57363 Fund Cell Tower License Agreement FY 30-31 05113002- Capital Outlay Miscellaneous Revenue, $159,376 57363 Fund Cell Tower License Agreement FY 31-32 05113002- Capital Outlay Miscellaneous Revenue, $165,751 57363 Fund Cell Tower License Agreement FY 32-33 05113002- Capital Outlay Miscellaneous Revenue, $172,381 57363 Fund Cell Tower License Agreement FY 33-34 05113002- Capital Outlay Miscellaneous Revenue, $179,276 57363 Fund Cell Tower License Agreement FY 34-35 05113002- Capital Outlay Miscellaneous Revenue, $138,452 (Jul 57363 Fund Cell Tower License -Mar) Agreement Optional Three, 5-Year Extensions FY 34-35 05113002- Capital Outlay Miscellaneous Revenue, $3,844,234 (Apr -Jun) 57363 Fund Cell Tower License to Agreement FY 49-50 TOTAL $5,411,911 Funds will be appropriated exclusively for the maintenance and capital improvements at City Parks during the City's yearly budget process. EXHIBIT(S) 1. Site Plans and Photos — El Salvador, Jerome, Santa Ana Stadium 2. License Agreement — El Salvador Park 3. License Agreement — Jerome Park 4. License Agreement — Santa Ana Stadium Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 12 — 5 3/18/2025 EXHIBIT 1: EXISTING CELL TOWER SITES City Council 12 — 6 3/18/2025 City Council 12 — 7 3/18/2025 City Council 12 — 8 3/18/2025 EXHIBIT 2 GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT EL SALVADOR PARK This Ground License Agreement ("Agreement") made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as "LICENSOR" and CCTM1 LLC, a Delaware limited liability company, hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties." A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement. 1. PROPERTY. LICENSOR is the owner of that certain real property located at 1825 Civic Center Drive West, Santa Ana, CA 92703, commonly known as El Salvador Park (the entirety of LICENSOR's property is referred to hereinafter as the "Property" and a legal description of the Property is attached hereto as Exhibit A). 2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 828440 and being described as approximately five hundred twenty-eight (528) square feet for LICENSEE's wireless telecommunications facilities as defined in Section 11 of this Agreement, consisting of (i) an existing four hundred thirty (430) square foot parcel which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only) and (ii) an additional ninety-eight (98) square foot parcel (the "First Additional Premises"). The licensed area of the Property, referred to hereinafter as the "Premises," is substantially described in Exhibit C attached hereto and incorporated fully. 3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below), this Agreement shall replace and supersede any prior lease agreement or license agreement (the "Original Agreement") between the Parties. 4. TERM. The Effective Date of this Agreement shall be April 1, 2025and shall remain in effect for a period of ten (10) years (the "Initial Term"). 5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") (the Initial Term and each Renewal Term are collectively referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows: A. If LICENSOR, in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in conformity with LICENSOR's intended Page 1 of 107 City Council 12 — 9 3/18/2025 use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term. B. Thereafter, each subsequent renewal shall be subject to the following procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then -current term. Within sixty (60) days of receipt of LICENSEE's notice, LICENSOR shall determine whether such extension is in LICENSOR's best interest and, if not in LICENSOR's best interest, LICENSOR may deny such extension request, at its sole discretion. C. In the absence of a Renewal Term, the Agreement shall continue on a month -to - month basis. The License Fee for these month -to -month periods will be the amount of the last month Renewal Term License Fee plus four percent (4.0%), and subject to a Holding Over Fee as described in Section 6 below. 6. HOLDING OVER. Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent (18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase. 7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requiring approval including assignments and sublicenses, including colocations, require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement. 8. LICENSE FEES. A. The License Fee for the first year shall be an annual amount of Fifty -One Thousand, Eight Hundred Sixty -Seven and 24/100 Dollars ($51,867.24) based on a monthly amount of Four Thousand Three Hundred Twenty -Two and 27/100 Dollars ($4,322.27) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date. B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee. Page 2 of 107 City Council 12 — 10 3/18/2025 C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date. E. LICENSEE agrees to pay to LICENSOR an Additional License Fee, as set forth in Section 28A(1) of this Agreement, in the amount of Five Hundred and 00/100 Dollars ($500.00) per month, beginning upon the first day of the first full month following commencement of construction activities within the Premises by the DISH Colocator, defined in Section 11 below (the "DISH Colocation Effective Date"), and each subsequent payment shall be due and payable on the first day of each month thereafter until the earlier of (i) the expiration of the Term, or (ii) the expiration or termination of the DISH colocation. On the anniversary of the DISH Colocation Effective Date and on each anniversary of that date thereafter (each an "Additional License Fee Adjustment Date"), the Additional License Fee shall not escalate at a fixed amount, however, such fee will be calculated pursuant to Section 28(a)(1) of this Agreement. If the DISH colocation expires or terminates for any reason, LICENSEE shall no longer be obligated to pay the Additional License Fee for the DISH colocation. F. Pursuant to Section 28A(4) of this Agreement, LICENSEE agrees to pay to LICENSOR a fee for the First Additional Premises set forth in Section 2 of this Agreement (the "First Additional Premises Fee") in the amount of Four Hundred and 00/100 Dollars ($400.00) per month as consideration for the First Additional Premises, beginning upon the commencement of installation of improvements within the First Additional Premises (the "First Additional Premises Effective Date") and continuing thereafter until the earlier of (i) the expiration of the Term; or (ii) termination of the First Additional Premises by LICENSEE, in its sole and absolute discretion, upon thirty (30) days' written notice to LICENSOR. Termination for the First Additional Premises shall be effective upon the removal of all improvements made by the LICENSEE and the restoration of the First Additional Premises to the condition it was in as of the First Additional Premises Effective Date, ordinary wear and tear excepted. On the anniversary of the First Additional Premises Effective Date and on each anniversary of that date thereafter (each a "First Additional Premises Fee Adjustment Date"), the First Additional Premises Fee shall increase by an amount equal to four percent (4%) of the First Additional Premises Fee in effect for the month immediately preceding the applicable First Additional Premises Fee Adjustment Date for so long as such First Additional Premises Fee is payable to LICENSOR as set forth herein. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, Page 3 of 107 City Council 12 —11 3/18/2025 including without limitation those by the City acting in its regulatory authority (collectively the "Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE's Facilities (described in Exhibit D), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. 11. USE/MAINTENANCE. A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LICENSEE's Facilities") as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. LICENSOR hereby consents to modifications at the Premises by DISH Wireless L.L.C. or its affiliate (the "DISH Colocator") as more fully described in the drawings attached hereto as Exhibit D. All improvements shall be at LICENSEE's sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which Page 4 of 107 City Council 12 — 12 3/18/2025 approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings ("Plans") and artistic renderings of the equipment to be installed. B. LICENSEE agrees that the installation and maintenance of LICENSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE's Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises. C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein. D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said services and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. E. LICENSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and Page 5 of 107 City Council 12 — 13 3/18/2025 federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions. I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Page 6 of 107 City Council 12 — 14 3/18/2025 Agreement. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods. K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to take all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE's period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. 12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises. 13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises. 14. HAZARDOUS MATERIALS. A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved May18- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et Page 7 of 107 City Council 12 — 15 3/18/2025 seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit. C. LICENSEE acknowledges that (1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement. D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators, are allowed. E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to Page 8 of 107 City Council 12 — 16 3/18/2025 assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub -surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods. F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all Hazardous Substances placed by LICENSEE on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE. LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property. LICENSEE shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises. H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR's directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE's use of the Premises. L Breach of any of the covenants, terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE's operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by Page 9 of 107 City Council 12 — 17 3/18/2025 LICENSEE during LICENSEE's period of use and possession of the Premises. Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances. 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E. 17. INTERFERENCE. A. LICENSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Agreement was fully executed ("Pre -Existing Communications"), or public safety communications operations, as may be upgraded periodically, and LICENSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE's use of the Premises or encroaches upon the Premises. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LICENSEE's consent may be withheld if interference with LICENSEE's transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions. Page 10 of 107 City Council 12 — 18 3/18/2025 In the event of any interference with LICENSOR's public safety communications operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE's Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference. If LICENSEE's Facilities interfere with LICENSOR's public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE's Facilities. LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR's public safety communications operations caused by LICENSEE's Facilities. 18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LICENSOR's sole option. 19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City -sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE's Facilities. 20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LICENSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LICENSOR's title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above. 21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its Page 11 of 107 City Council 12 — 19 3/18/2025 own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement ("Tower License Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities Page 12 of 107 City Council 12 — 20 3/18/2025 without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE's communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LICENSEE, if available at the Premises. 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 26. ATTORNEY' S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR' S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement, to any of LICENSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LICENSEE's property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty (30) days prior to any assignment. No Administrative Fee is required for assignments between parties listed in (i-iii) above. 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for colocation on telecommunications tower facilities and will reasonably facilitate any colocation subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for Page 13 of 107 City Council 12 — 21 3/18/2025 additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE. A. LICENSEE — COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction, with a future tower colocation user who wishes to collocate/sublease space on LICENSEE's tower, subject to: 1) LICENSOR shall receive a fee of fifty percent (50%) of the Tower Rent, as defined below, received by LICENSEE (the "Additional License Fee"). a. LICENSEE is required to self -report to LICENSOR when their Tower Rent from any source increases. b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE's sublicensee rent obligations for the cellular tower ("Tower Rent") that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE's receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty (60) days, or such business summary is not satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have the right to: Upon reasonable notice, review LICENSEE's records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE; ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE's books and records related to the Tower Rent to verify the accuracy of the reported amounts. d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for information and access to records in connection with the verification of the Additional License Fee. 2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original Page 14 of 107 City Council 12 — 22 3/18/2025 LICENSEE Agreement. 4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below: Additional Space Required Amount due Licensor per Month Up to 100 ft2 $400.00 100 to 200 ft2 $600.00 200 to 300 ft2 $900.00 Over 300 ft2 $1,250.00 The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date of the Amendment to the Agreement. B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation non-refundable additional payment shall be required. 29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows: LICENSOR: City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 With Copies To: Public Works Agency 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 LICENSEE: CCTM1 LLC Page 15 of 107 City Council 12 — 23 3/18/2025 c/o Crown Castle USA Inc. Attn: Legal - Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 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. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and permitted assigns of the Parties hereto. 31. RELOCATION RIGHT. A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and re -installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter, the quality of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LICENSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE's Facilities. B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the "Notice") to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE's Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR's proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the "Relocation Site." LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and Page 16 of 107 City Council 12 — 24 3/18/2025 dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site. Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 32. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than sixty (60) days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use. 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date Page 17 of 107 City Council 12 — 25 3/18/2025 originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TERMINATION. A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE's operations that LICENSEE's use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non -appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days' notice to LICENSEE. B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if (i) LICENSEE does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "Approvals") reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above. C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Page 18 of 107 City Council 12 — 26 3/18/2025 Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR. 39. 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 the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn. B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows] Page 19 of 107 City Council 12 — 27 3/18/2025 SIGNATURE PAGE FOR GROUND (.TfY OFSANYk ANA AND CCA"MI Li ' FOR NVIREI,I!',SS'1'1dl�l?COMMI,JNI("jX'I'IONS FAC'HATIES AT F1, SALVADOR PARK IN the parties hereto liave executed this Agreement die date and year first above writtell. AJTE*ST- .Iclinifer I_ I hII City Clerh A PVROV�'A) ASTO FORM SON I A R. CA R VA IJ R) City Attorney fl-h"Mdon Salvatierra Depti(y City Attorney, R EC0 Al N1 P,, N 1) E' 1) FO R A 11 P R 0 V A 1, Digitally signed by Nabil Sa a Nabil SabaDatbe: 2025.03.03 17:13:23 -08'00' Nabil Saka 11"Xecutive Director. Puklic Works Ai, gency CITY OFSANTA ANA Alvaro Ntifiez City Manager ("("I'M I LLCI a Delaware 111111ted li'abdity Company BY: Name: ofW66d D"Ir' ------- --- ----- Date City Council 12-28 3/18/2025 EXHIBIT A Legal Description of the Property THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 545, PAGE 55 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET); THENCE NORTH ALONG THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED BY BENJAMIN WALKER AND WIFE TO DEBORAH CARTER TRUMAN BY DEED DATED NOVEMBER 5TH 1924 AND RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA THENCE WEST ALONG THE SOUTH LINE OF THE LAND SO CONVEYED TO DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POINT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET) 245 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL L: BEGINNING AT A POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MAP OF THE FAIRLAWN PARK TRACT, RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, 125 FEET FROM THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO WALTER G. DAVIS AND WIFE, BY DEED RECORDED AUGUST 24TH, 1923 IN BOOK 486, PAGE 184 OF DEEDS OF ORANGE COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID EIGHTH STREET 101.5 FEET; THENCE NORTH 184 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET TO A POINT IN THE SAID EAST LINE OF FAIRLAWN STREET, IF Page 21 of 107 City Council 12 — 29 3/18/2025 EXTENDED; THENCE SOUTH ALONG THE WEST LINE 184 FEET TO THE POINT OF BEGINNING. ALSO A RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES. PARCEL 2: BEGINNING AT A POINT WHICH IS 401.6 FEET WEST OF THE WEST LINE OF ARTESIA STREET (AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1 ST, 1924, BEING 50 FEET WIDE) AND 355 NORTH OF THE NORTH LINE OF HICKEY STREET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET, A DISTANCE OF 46 FEET; THENCE WEST ON AUNE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING. PARCEL C: BEGINNING AT A POINT 125 FEET NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN STREET AND THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO G. A. DEMETRIOU APRIL 22ND BY DEED RECORDED IN BOOK 423, PAGE 16 OF DEEDS OF ORANGE COUNTY; THENCE NORTH ALONG THE SAID CENTER LINE OF FAIRLAWN STREET, AS SHOWN ON A MAP OF FAIRLAWN PARK TRACT RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF THE SAME WERE PROJECTED, 230 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO F. H. LINDEN AND WIFE BY DEED RECORDED MAY 17TH, 1929 IN BOOK 278, PAGE 102 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO LINDEN AND WIFE AND ITS SOUTHERLY EXTENSION TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO L. E. GOFFMAN, AND OTHERS, BY DEED RECORDED DECEMBER 11TH, 1929 IN BOOK 335, PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND SO CONVEYED TO THE SOUTH-WEST CORNER THEREOF; THENCE WEST ON THE NORTH LINE OF SAID DEMETRIOU LAND AND PARALLEL TO THE NORTH LINE OF SAID EIGHTH STREET 142.4 FEET TO THE POINT OF BEGINNING. PARCEL D: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHED BY DEED TO THE CITY OF SANTA ANA, DATED DECEMBER 19TH, 1924 AND RECORDED IN BOOK 545, PAGE 55 OF DEEDS, WHICH POINT IS 125 FEET NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE OF Page 22 of 107 City Council 12 — 30 3/18/2025 EIGHTH STREET (FORMERLY HICKEY STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIGHTH STREET 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID ARTESIA STREET 46 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET 125 FEET TO THE WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE 138 FEET MORE OR LESS TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18TH, 1923 IN BOOK 473, PAGE 73 OF DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING ITHIN TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. PARCEL E: PARCELI: BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF THE INTERSECTION WITH THE CENTER LINE OF HICKEY STREET, RUNNING THENCE WEST PARALLEL WITH THE CENTER LINE OF HICKEY STREET, 832.39 FEET, MORE OR LESS, TO LAND CONVEYED TO J. H. YOUNG BY DEED RECORDED DECEMBER 10, 1903 IN BOOK 98, PAGE 198 OF DEEDS; THENCE NORTH 318 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND; THENCE EAST 542.52 FEET; THENCE SOUTH 292.71 FEET; THENCE EAST 289.87 FEET TO THE CENTER LINE OF ARTESIA STREET; THENCE SOUTH 26.89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING AT A POINT 36.90 CHAINS WEST OF THE EAST LINE OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN AND 6.165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA STREET AND RUNNING THENCE WEST 4.392 CHAINS; THENCE, NORTH 4.435 CHAINS TO THE LAND NOW OR FORMERLY OWNED BY BEN FALLERT; THENCE EAST 4.392 CHAINS TO THE CENTER OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND G AND LOTS 12, Page 23 of 107 City Council 12 — 31 3/18/2025 13, 15 AND 16 OF TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL F: THE NORTH 145 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.&M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1 ST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING. PARCEL G: THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING 803.2 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A POINT; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 70 FEET TO A POINT; THENCE SOUTH 355 FEET TO 'THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL H: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE LOWEST, SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Page 24 of 107 City Council 12 — 32 3/18/2025 BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST 130.8 FEET THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 75 FEET TO THE SOUTH 150 FEET; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET THEREOF; ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF. PARCEL I: THAT CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH 25 FEET OF THE EAST 75 FEET OF THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.& M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER IST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING. PARCEL J: ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I: COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 Page 25 of 107 City Council 12 — 33 3/18/2025 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET OF THE WEST 150.8 FEET. PARCEL 2: THAT PORTION OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHING BY DEED TO THE CITY OF SANTA ANA, DATED SEPTEMBER 19, 1924, AND RECORDED OCTOBER 17, 1924 IN BOOK 545, PAGE 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING 125 FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG SAID WEST LINE OF ARTESIA STREET 134 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3, 1924 IN BOOK 552, PAGE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18, 1923 IN BOOK 473, PAGE 73 OF SAID DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE, BY SAID DEED, 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 125 FEET. PARCEL K: THAT PORTION OF THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, DISTANT THEREON 677.4 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE OF EIGHTH STREET, 65.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH SAID NORTH UNE OF EIGHTH STREET, 65.8 FEET; THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING. PARCEL L: THE EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING: Page 26 of 107 City Council 12 — 34 3/18/2025 THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF HICKEY STREET; (NOW 8TH STREET) 401.6 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING. PARCEL M: THAT PORTION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 300 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID STREETS, AS SAID STREETS EXISTED ON NOVEMBER 20, 1906; THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 101.6 FEET; AND THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING. PARCEL N: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1 ST 1924, BEING 50 FEET IN WIDTH; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 50 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH; THENCE EAST ALONG SAID NORTH LINE, 50 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE TRUE POINT OF BEGINNING. PARCEL O: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) 150.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1 ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH, PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125 FEET TO THE Page 27 of 107 City Council 12 — 35 3/18/2025 NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 88 FEET TO THE POINT OF BEGINNING. PARCEL P: THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET} 238.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIAN STREET EXISTED PRIOR TO SEPTEMBER 1ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 61.6 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 61.6 FEEF TO THE POINT OF BEGINNING. PARCEL Q: THE EAST 75 FEET OF THE SOUTH 125 FEET OF THE SOUTH 125 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, S.B.B.&M., AS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LN THE NORTH LINE OF WEST EIGHTH STREET, 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO SEPTEMBER 1ST 1924; THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 355 FEET TO THE POINT OF BEGINNING. PARCEL R: THE SOUTH 125 FEET OF THE WEST 150.8 FEET OF THE FOLLOWING: COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING. Page 28 of 107 City Council 12 — 36 3/18/2025 EXHIBIT B Original Agreement INSURANCE NOT CNN PLE --- r,� A-2008-290 WORK MAY RQT P,Hccua- CLERK OF CUUNGi 11.. LFASF AGREEMENT BETWEEN SATE: THE CITY OF SANTA ANA AND T-MOBILE REGARDING COMMUNICATION TOWER FACILITIES ATEL:SA LVADOR PARK This Agreement, made this 17" day of November, 2008, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR"' and Ormupoint Communications, Inc., as subsidiary of T-Mobile USA Inc., a Delaware corporation hereinafter designated "LESSEE", 'Me LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby teases to LESSEE a portion of that certain parcel of property commonly known as El Salvador Park (the entirely of LESSOR'% property is referred to beremilfleT as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 18250vic Center Drive West, Santa Ana CA, 92703, APN;405-121 -11, and being described as a 15'0" iby 22'0" parcel containing 330 square feet including space for LESSEE's Equipment Shelter and access for the installation of a Morropme Communications Lower Structure located on the Property, and access for the antenna support structure for cable runs to connect LESSEE's equipment and antennas, together with the non-cxclusive right for ingress and egress from and to the nearest public fight -of -way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under,. Or along a twelve (12') foot wide fight -of -way extending from the nearest public right-of-way, to the demised Premises, said demised promises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit" B" attached hereto and made a part hereof. 2. SURN-EY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof", and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3, TERM. This Agreement shall be effective as of the date ofcxccution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred (S28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the mouth, in advance, to LESSOR or to such other person, firin or place as the LESSOR may, front time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence upon the issuance of the building peanut for LESSEE's Facilities (as defined below), or twelve (12) months after the full execution of this agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and core provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then -current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. All Rent and Deposits shall be deposited according to the directions outlined in Exhibit "G". 5. ANNUAL R - TAL INCREASES, The rent payments shall be subJect to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date, 6. INITIAL PAYM =- In recognitions that the Commencement Date may not occur concurrent with the execution of this Agreement by all panics, LESSEE hereby agrees to pay to LESSOR a one-time, non- recurring, non-refundable payment equal to one (1) months rent, within thirty (30) days after the Commencement Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities, within 6 nicniths after the full execution of this agreement. 7. EA_TENS_ID_Na- The Lease Agreement may be extended for up to three (3) additional five-yeat (5) terms (each a "'Renewal "Term"'), Each Renewal Term shall be on the terms and conditions as set forth herein %U N.: tA03009C 0 F1 15aado Pwk S Ng. 1 OF23 lilt Address: 1825(10m,Criuur Dow West, S=ta An& CA 92703 Page 29 of 107 City Council 12-37 3/18/2025 as follows: (i) six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (H)Thereafter, each subsequent renewal shall be subject to the Wowing procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then current term,; Within sixty (60) days of receipt of LFSSFF'i notice, LESSOR shall deterTninc whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If Lessor does not respond within sixty (60) days, tire lease is deemed renewed for an additional Renewal Term. if neither party provides notice as set forth above, the lease shall continue on a month -to -month basis, 8, Q , 0 " V " F " R , N , M , E - N"[A�L APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by arty Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively -rests-) to determine the suitability of the Premises for ITSSFE"s Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. AR-11R0VAL-QE-l1YA-N--S. Prior to commencing construction of LESSEE's Facilities, (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within, such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. lo. (J " S " E/ ' M ' A ' I ' N E ' ' TNANCE, LESSEE may use the Premises for any lawful activity in connection with LEE', ESS's provisioning of its mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various licensed frequencies, Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises its radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries,, utility lines,, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"'). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE,, with LESSOR approval, which approval shah not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be instaHed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel, Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its ,equipment, cables :raid antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or Site No: LA03009C 111 Savador Park Page I of 23 SifeAddrew 1825 Cr"c Center Draw West, Santa Ana, CA 92703 Page 30 of 107 City Council 12-38 3/18/2025 antennas remain within the original physical parameters of the Premises. LESSEE shalt not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below, LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE, LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about lite Premises required by federal, state or local law. I ESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic: renderings. IXSSOR shall provide LESSEE, LLSSEE's,employces, agents, contractors, subcontractors and assigns with access to The Premises twenty-four (24) hours a day, seven (7) day-, a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE 's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency. LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. fit the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days_ III IN[ A EMNIFICATION. '............................. _ A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or wilful misconduct ofLESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation tiflaw by LESSOR, its officers, agents, employees, or contractors; (ill) the breach of any duty or obligation by LESSOR under this Agreement; or �(iv) any condition relating to the laterniseg which LESSEE has no obligation to repair or maintain. BLESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, clairn, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willtul misconduct of LESSEE, its officers, agents, employees, or contractors, (ji) violation of law by LESSEE, its officers, agents, employees, or contractors; �(iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12, INSURAN-CE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LFSSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, arid update as is necessary, B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limitot'not less than $1,000,000 per occurrence. Stich insurance shall, (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit Q; (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting front LESSOR's negligence or misconduct; (3) contain standard separation ofinsured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arisingout ofLESSEE's operations hereunder. Site. C No, I.A03009I V1 Savailor Park Page 3 of23 Ste,Addrms 1811 Civic Center Drive West, Santa Ana, CA IMCO Page 31 of 107 City Council 12-39 3/18/2025 LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional 'insured endorsement to LESSOR which shall clearly evidence gall coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. IN�rEK_Jj-, RENCE. LESSEE.'s Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Fixisting Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LIESSFE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement, Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed Shall not be deemed interference. LESSOR shall require any luture tenants, assignees, licensees, or occupants using zany portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEEs written consent prior to allowing such use of the Property, which such ,consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether Consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. lfLFSSf-E's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE fails to do so,. LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. RLMQYAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and structures may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall )lave the right to remove tile same, excepting the building structures erected on the property. If such time for removal causes LESSEE to remain oil the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based up -on a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed, Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in its as -is condition, IS. RECORDIN AND QULLLLAJM _DU`If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "I"'. LESSEE agrees to execute and record aquitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16, RIG1,ITS 11- ............ !Ji.Pgl $AU, Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LF , SSEE in and to such right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non -disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming, that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. Site No: LAU3009C / USavador Park Page 4 of 23 SfteAddress: 1825 Civic Center Dfive West, Santa Ana, CA 92703 Page 32 of 107 City Council 12-40 3/18/2025 17. QUIEf, ENMMEN C. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction„ concessionaires, and City sponsored events, located near the Premises, so long as the City 'Business does not interfere with or impair the operation of LESSEE's Facilities. 1s. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement'.. LESSOR further covenants that there are no other liens„ judgments or impediments of title on the Property or affecting, LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. "NO L(FwNS. LESSEE will not permit any mechanics" or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work ;performed. LESSEEshall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense, If LESSEE? desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20'. MISCELLAlv�[JS�LESSE;E: REMSPONSIBILIIIES. A, Maximum Permissible Exposure LESSEE shall comply with all present and future laws, orders and regulations relating to "Maximum. Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards, Without limiting the provisions of LESSEE's indemnity,contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal ;injuries due to violation of IVIPI; to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall niainWn LESSEE's, Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged. equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week. LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said ,graffiti is not reproved within the 48-11OUr period, City may remove said graffiti and bill LESSEE for the cost of services. C. LFSSI'E; shall pay all personal property taxes assessed directly" against its equipment and. all increases in LE'SSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of'such real estate taxes .and proof cf payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE? has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shad cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing .any casement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during, the term of this Agreement. LESSEEwill maintain the Premises in a good condition, reasonable wear and tear excepted. Site No: LAA031,9)C I LA .",avador P wk PW 5 of 23 Site Address: 1825 C'iv�c Ceitttr []rive WW cst, 9amta Ana„ CA 92703 Page 33 of 107 City Council 12 — 41 3/18/2025 21, EMERGENCY USE OF S1 IFE. LESSEE shall make available to the police, fire amid emergency services of the City of Santa Ana space on its communications tower at no cost to I.ESSEE or said entities,:subicct to structural analysis, The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Promises. 21 IMEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall he binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights, and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 21 GOVERNINGiLAW. This Agreement and the performance thereof, shall be governed, interpreted, construed, and regulated by the iaws ofthe State ofCalifurnia, with veime in Orange County. 24. A ,N_TTORNFYS'_ FEE,S, 11he substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. AMIUNMENT AND CO -LOCATION. a. LESSEE will not assign or transfer this Agreement without tire prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's, (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (H) in connection with the sale, exchange, or other transfer of LESSLE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. b. LESSEE acknowledges and agrees that the City policy is to provide for co -location on communication tower facilities and will reasonably facilitate any co -location subject to the conditions outlined in Paragraph 13 (tNTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property. Further, LESSEE shall enter into a TOWER LEASE AGREEMENT, subject to all permits and approvals from all governmental agencies, having jurisdiction ihereover, with a future tower co -location user, subject to LESSOR receiving fifty percent (50%)of the tower rent received by LESSEE, LESSEE shafl provide for LESSOR'S consent on arty TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide'a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co -location agreement, Additionally, LESSEE shalt deliver to LESSOR a copy of any Inter - carrier Co -location Agreement which relates to the Premises, 26. NOTICES, All notices hereunder must he in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): %WNo 1.A03009C/F1SavadarPwk Page 6 ot'23 Site Address 1825 Civic Center Drive Wvst, Swaa Ana, CA 92703 Page 34 of 107 City Council 12-42 3/18/2025 LESSOR: City of Santa Ana Executive Director Parks, Rec. & Community Services (M-23) 888 W.Sama Ana Blvd, Santa Ana, CA 92702 Courtesy City of Santa Ana - Office of the City Attorney Copies to 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22642 Lambert Street, Suite 402 Lakc Forest, California 92630 Attn: Tony Ingogned LESSEE: T-.Mobile USA, Inc. 12920 SE 38't' Street Bellevue, WA 98006 Art": PCS Lease Administrator/ I.A03009 With a copy tu- Attn: Legal Dept. / LA03009 And with a cony to: Attn! Lease Administration Manager/ LA030041 Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. 5_V_Cf_E55QRS. This Agreement shall extend to and bind (lie heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate Ll,"SSEl"'I's Facilities to, alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re -installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service, provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE', Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (avid only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose all alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty,(60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological ficasibility, of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESS[�E disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation 'Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Site No: LA030m)(1 i [A 8—d., Ptok Pap 7 or23 (Site Address: 1925 6k Center Driw West, Suitt Ana., CA 92703 Page 35 of 107 City Council 12-43 3/18/2025 Upon relocation of LFSSEF's (facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site, LESSOR and LESSEE agree that the (Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of I.E3SSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEF,"s Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE'S Facilities and equipment, based on a ten-year lease period. 29. DEFAULT,. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non -defaulting party shall .give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and 'thirty (30) days in which to cure any non -monetary default, provided the defaulting partyshall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided In this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have .and recover from the losing party reasonable anorney's fees and costs of suit. 30 ENVIRONME �WAJ,, A. LESSEE shall .not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation„ including ,petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the PremisesJProperty by it in accordance with all federal, state and local laws and regulations. B. I..FSSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of` any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental, or 'industrial hygiene conditions or concerns as may now or at .any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE, harmless and indemnify LESSEE from .and assume all. duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs,, or damages) and for responding to any action, notice, claim, order, summons„ citation, directive, litigation, investigation or proceeding which is in any way related to. (i) failure to comply with any environmental or industrial hygiene law, including without litnitation any regulations,, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; anti (ii) any environmental or industrial hygiene conditions arising out of" or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are are caused by LESSEE.. 31, CA,SUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LE:SSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR. has not commenced the restoration required to permit LESSEE to resume its operation at the Premiscs, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same farce and effect as though the date ;set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall mate an appropriate adjustment, as of Sire tio: 1A03009C I Eel Savador Park Page'a Or 23 Site Address: 1825 Civic Center Drivc'Wust, Santa Ana, CA 92703 Page 36 of 107 City Council 12 — 44 3/18/2025 such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. C'ONDEMNAILON, In the event of any condemnation of the Prerniscs, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR, LESSEE may on its own behalf make aclaim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with (lie same force and effect as though the date set forth in such notice were the date originally set as, the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement 33. SU BM 11KIDN�1, PAUSE. The Submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted front this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable taws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises, 35, SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 16. CAP110M. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement, They shall not affect or be utilized in the construction or interpretation of the Agreement, 37, —PRQPE'.R`FY —SPECIFIC ACC -EM.&QLM9LQLL—ATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein„ LESSEE agrees to abide by all rules and regulations of the Prop" and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed firom time to time upon reasonable notice to LESSEE, These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. M—WER-1—NGDOWN DURING MAIN,l[ENANCE / R�UAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in FIxhibit E, as applicable 39 TERMINATION, A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that I.ESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event! the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Promises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE - Site No: IA03009C 1 U Sav"mr Pak image 9 of 23 Ske Address. 1825 Civic Center Drivc West, Santa Anal CA 92703 Page 37 of 107 City Council 12-45 3/18/2025 B, Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, casements, non -disturbance agreement-, or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to, or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any suell, approval is canceled, expires or 'is withdrawn or nuntimated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 4,0. M1111111115,Q, . ANEOUS 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 each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred 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 tile body of this Agreement. C LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facili6us, except in cases ofexigent ,circumstances or emergency situations, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: curt OF SANTA AMA +,lPATRICIA _FHEALY F DAVID N. REAV Clerk of the Council City Manager APPROVED AS TO FORM� JOSEPH W. FLETCHER City Attorney By LAID I��A�IIEEDY Assistant City Attorney APPM104d 111111 to form T) Taei o Corporate Coun$el LESSEE- Orrinipoint Communications Inc., a subsidiary ofT-Mobde USA Inc. By: U-PHER 'LDRfGE- O Printed Name: I Its: Regional Development Director Date: 1, 2, r_ '0 5 Site No: i_AOMOK/ 1,1 5avador Pvk Site Address: 1825 Civic ('.enter Drive WeqL, Sarla Ana, CA 9270.3 Pape 10 of 23 Page 38 of 107 City Council 12-46 3/18/2025 EXIIIJBITA LEGAL DESCRIPTION OF THE PROPERTY A PN: 405- l 21 -11 All that certain real property located in the County of Orange, State of California, being move particularly described as follows: PARCEL A: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BE -GINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABL,15HED BY DEED RECORDED IN BOOK 545, PAGE 55 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET); THENCE NORTH ALONG THE WEST LINE OF ARTESIA STREET'92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED BY BENJAMIN WALKER AND WIFE TO DE"AH CARTER TRUMAN BY DEED DATED IS16veMbeir STH 1924 AND RECORDED Decernbw 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST ALONG THE SOUTH LINE OF THE LAND SO CONVEYED TO DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POINT, THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET iNORE OR LESS TO POINT 217'FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET) 245 FEET MORE OR LESS TO THE MINT OF BEIRNPUNG, ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MAP OFTHE FAER(AWN PARK TRACT ' RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, 125 FEET FROM THE NORTH LINE OF ET131HTH STREET ((FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYEDTO WALTER Co. DAVIS AND WIFE, BY DEED RECORDED AUGUST24TH, 1923 IN BOOK 4N, PAGE 184 OF DEEDS OF ORANGE COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID EIGHTH MEET 101.5 FEET, THENCE NORTH 184 FEET, THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET TO A POINT IN THE SAID EAST LINE OF FAIRLAWN STREE'T, IF EXTENDED; THENCE SOUTH ALONG THE WEST LINE 184 FEET TO THE POINT OF BEGINNING, ALSO RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY AD)OINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES. PARCEL2: BEGINNING AT A POINT WHICH IS 401.6 FEETWEST OF THE WEST LINE OF ARTESIA STREET (AS SAID ARTESIA STREET EXISTED PRIOR TO Septemixt 15T, 1924, BEING 50 FEET WIDE) AND 355 NORTH OF THE NORTH LINE OF HICKEY STREET, THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET, A DISTANCE OF 46 FEET; THENCE WEST ONVI A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE Of 100,5 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING, S ' t i u No: LA03009C 1 F1 Savador Park Pop I 1423, Site Addrcss 1825 Civic Cmtcr Mw West, Santa Ania, CA 92703 Page 39 of 107 City Council 12-47 3/18/2025 PARCEL C^ BEGINNING AT A POINT 125 FEET NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN MEET AND THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREW SAID POINT BEING IN THE NORTH 'LINE OF THE LAND CONVEYED TO G. A. DEMETRIOU AprtT 22ND BY (DEED RECORDED IN BOOK 423, PAGE16 OF DEEDS OF ORANGE COUNTY; THENCE NORTH ALONG THE SAID CENTER LINE OF FAIRLAWN STREET, AS SHOWN ON A MAP OF FAIRLAWN PARK TRACT RECORDED IN BOON( 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE CD LINTY, CALIFORNIA, IF THE SAME WERE PROJECTED, 230 FIEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS To THE NORTH-WEST CORNER OF THE (LAND CONVEYED TO F. H. LINDEN AND WIFE BY DEED RECORDED MAY 17TH, 1929 IN 'BOOK 278, PAGE 102 OF OFFICIAL RECORDS, THENCE SOUTH ALONG THE WEST LINE. Of THE LAND CONVEYED To LINDEN AND WIFE AND ITS SOUTHERLY (EXTENSION TO THE NORTH -'LEST CORNER OF THE (LAND CONVEYED TO L. E . GOFFMIAN, AND OTHERS, BY DEED RECORDED December 117H, 1929 IN 'BOOK 335, PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST (LINE OF THE LAND SO CONVEYED TO THE SOUTH-WEST CORNER THEREOF; THENCE WEST ON THE NCSRTH (LINE: OF SAID IDEMETRIOU LANDAND IPARALLIrL TO THE NORTH LINE OF SAID EIGHTH STREET 142A FEET TO THE POINT OF BEGINNING. PARCEL D; ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT POINT" ON THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS iESTABLISHED BY DEED TO THE CITY OF SANETA AJN,A, DATED Dmnvber IM, 1924 AND RECORDED IN BOOK 545, PAGE 55 OF DEEDS, WHICH POINT IS 125 FEET (NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE OF (EIGHTH STREET FORMERLY HICKEY STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIr HTH MEET 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE Of SAID ARTESIA STREET 46 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET 125 FEET TO THE WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE 138 FEET MORE OR LESS TO THE SOUTH LINE OF THE LAND CONVEYEDTO'DEBORAH CARTER TRUMAN BY (DEED (RECORDED December 3RO 1924 IN BOOK 552', PAGE 22'7 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 (FEET; HENCE TNOR HERLY PARALLEL TO THE SAID WEST LINE of ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TO THE N0R7H-WEST' CORNER OF THE LAND CONVEYED TO BfENMAMIN WALKER AND WIFE BY DEED RECORDED MAY INTH, 1923 IN BOOK 473, PAGE 73 OF DEEDS; THENCE SOUTH ALONG THE WEST LINE 'OF THE LAND CONVEYED TO BENMAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 (FEET NORTH OF THE NORTH LINE OF (EIGHTH STREET; THENCE (EAST PARALLEL WITH SAID, NORTH LINE OF EIGHTH STREET, 271,6 FEET TO THE TRUE POINT OF BIEGIINNIING, EXCEPTING THEREFROM, ANY IPORTION OF SAID LAND LYING WITHIN TRACT NO, 521, AS SHOWN ON A MAP THEREOF (RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. PARCEL E: PARCEL I.; BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF THE INTERSECTION WITH THEE {;ENTER LINE OF HICKEY STREET, (RUNNING THENCE WEST PARALLEL WITH THE: CENTER LIME OF HICKEY STREET, $32.39 FEET, MORE OR LESS, To LAND CONVEYED TO J. IH, YOUNG BY DEED RECORDED December 10, 1903 IN BOOK 90, PAGE 196 'Of DEEM; THENCE NORTH 318 FEET"", MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S (LAND, THENCE EAST 542,52 FEET,; THENCE SOUTH 292A FEET; THENCE EAST 289.87 FEET TO THE CENTER LINE OFARTESIA STREET; THENCE SOUTH &89 FEET, MORE OR LESS, To THE POINT OF BEGINNING. Sate No I,A03009C" J E3l Savadut Park Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 Page 12 of 23 Page 40 of 107 City Council 12 - 48 3/18/2025 PARCEL 2; BEGINNING AT A 'POINT 36-90 CHAINS WEST' OF THE EAST LINE OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO ME AND MERIDIAN AND 6.165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA S7REET AND RUNNING' THENCE WEST 4.392 CHAINS; THENCE, NORTH 4A35 CHAINS TOTHE LAND NOW OR FORMERLY OWNED BY BEN FALLERT, THENCE EAST 4,392 CHAINSTOTHE CENTER OF ARTESIA STREET AND THENCE SOUTH 4,435 CHAINS TO THE POW Of BE -GINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND G AND LOTS L2, 13, 15 AND 16 OF TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS Of SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, Sim No: 1A030V)CI El Sava&)r Park Site Addie5s: 1825 Civic Center Drive West, SaiRa Ana, CA 92703 Pap 13 of23 Page 41 of 107 City Council 12-49 3/18/2025 RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOM DISTRICT IN THE DEED RECORDED January 29, 1973 AS INSTRUMENT NO. 23686 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL F: THE NORTH L45 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SJIB.&M-, DESCRIBED AS FOIJLOWS; BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 1602.4 FEIET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO September IST, 1924, RUNNING THENCE WEST 130.8 FEET, THENCE NORTH PARALLEL WITH THE WEST LINE OF AATFSIA SMET 355 FEET;TAENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE Of ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING. PARCEL G: THAT PORTION OF THE JACOB ROSSALLOTMIENT, DESCRIBED AS FOLLOWS: BEGINNING 803.2 FEET L WEST OF THE INTERSECTION OF THE WESI' UNE Of ARTESIA STREET WITHTHE NORTH LINE OF HICKEY MET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, BEING 50 FEET IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A POINT; THENCE WEST PARALLEL 'WITH THE NORTH LINE OF HICKEY STREET, 70 FEET TO A POINT,- THENCE SOUTH 355 FEE770THE iPOINT OF IBEGINNIING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED January 29, 1973AS INSTRUMENT NO. 23886 IN BOOK I0533, PAGE 1914 OF OFFICIAL RECORDS. PARCEL H : THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSI 41P 5 SOUTH, RANGE 11D WEST, SAN BERNARDINO ME AND MERIDIAN, COUNTY Of ORANGE, STATE OF CALIFORNIA, IDESCRIiBED AS FOLLOWSn BEGINNING AT A POINT IN THE NORTH UINE OF WEST EIGHTH STREET 602A FEET WEST OF THE POINT OF INTERSECTION OF SAID (LINE WITH THE WEST LINE OF ARTESIA STREET, As IT EXISTED PRIOR To September 1, 19124; RUNNING THENCE WEST 130S FEETTHENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET, THENCE EAST PARALLEL WITH THE NORTH (LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WWITHI THE WEST LINE Of ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM( THE EA'ST7S FEET TO THE SOUTH 150 FEET", ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET THEREOF; ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF, PARCEL I: THAT CERTAIN REAL PROPERTY IN THE CITY Of SANTA ANA4 ODUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED A$ FOLLOWS., THE NORTH 25 FEET OF THE EAST 75 FEET OF THE SOM 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION Of THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S , B, B. & M., DESCRIBED AS FOLLOWS: Site No; 1A01009C I Ef Savador Park Site Address: 1925 Civic Geer Drive West, Santa Ana, CA 92703 Page 14 or23 Page 42 of 107 City Council 12-50 3/18/2025 BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EWSTED WITH THE WEST LINE OF ARMIA STREET, AS IT EXISTED PRIOR TO Somber' 1ST,1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STRF.F.T 355 FEET,, THENCE EAST PARALLEL WITH THE NORTH LINE Of WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINTOF BEGINNING. PARCELJ: ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA, ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; PARCEL I; COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST Of THE INTERSECTION OF SAID, HICKEY STREET, NOW EIGHTH MEET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW 'EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET,- THENCE EAST 2,00,8 FEET, THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET Of THE WEST ISO.8 FEET. PARCEL 2. THAT PORTION OF SECTION 11 IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AMID MERIDIAN, IN SAID ORANGE 661I;TY, DESCRIBED AS FOI BEGINNING AT A POINT IN THE WEST LINE Of ARTESIA STREETASSAID STREET WAS ESTABLISHING BY DEED TO THE CITY OF SANTA ANA, DATED September 19, 1924, AND RECORDED October 17, 1924 [IN BOOK 545, PAGE 55, DEEDS, RECORDS Of SAID ORANGE COUNTY, SAID POINT BEING 12S FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG SAID WEST LINE OF ARTESIA STREET 1,34 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CAR7ER7RUMAN BY DEED R115CORDEDDecernber 3,1924 IN BOOK SS2, PAGE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE Of ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLIELTO THE NORTH LINE OF EJC*rrH STREET, 271.6 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18,1923 IN BOOK 473, PAGE 73 OF SAID OFFIDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BEN)AMIN WALKER AND WIFE, BY SAID DEED, 230 (FEET TO A POINT 125 FEET NORTH OF THE NORTH UINE OF EIGHTH STREET, THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 125 FEET. PARCEL K. THAT PORTION OF THE JAC08 ROSE ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH (LINE OF WEST EIGHTH STREET, DISTANT THEREON 1677A FEET WEST OF THE INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE OF (EIGHTH STREET, 65.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE Of ARTESIA STREET, L25 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET, 65.8 FEET, THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING. PARCEL L: TIME EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING: �sile No, LA03009(,'/ EI Savador Park �Sitc Addrcw 1825 Civic Center Drive Wcqt, Sara Ana, CA 92703 Page 15 of23 Page 43 of 107 City Council 12-51 3/18/2025 COMMENCING AT A POINT ON THE NORTH LINE OF HICKEY STREET,; (NOW 8TH STRFFT) 401 6 FFFT WEST OF THE INTERSECTION OF SAID NORTH LINE OF HICKEY STREET (NOW "STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET (NOW 8 TH STREET) 200,8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 3'SS FEET; THENCE EAST 200.8 FEET; THENCE SOUTH SOUTH 3515 FEET TO THE POINT OF BEGINNING, PARCEL M. THAT POR'IIION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A POINT" IN THE NORTH LINE OF HICKEY ST"REEr, NOW EIGHTH STREET, 300 FEET WET OF THE INTERSECTION OF'Ti THE WEST LINE OF ARTESIA STRFFT WITH THE NORTH LINE OF HICKEY MEET, AS SAID STREETS, AS SAID STREETS EXISTED ON November 20, 1906; THENCE 'TEST ALONG THE NORTH LINE OF HICKEY STREET 101.E FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF HICKEY STRE "', 101,6 FEET; AND THENCE SOUTH PARALLEL'WWTTH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING,. PARCEL IN: BEGINNING ATTHE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW (EIGHTH STREET, WITH THE WEST LINE OF ARTESIA S ffFT`, A5 SAID ARTESIA STREET (EXISTED PRIOR TO September 1ST 1924, BEING 50 FEET IN, WIDTH; THENCE NORTH ON THE 'WEST LINE OF SAID ARTESIA STREET, 12�5 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 (FEET TO THE TRUE .POINT OF BEGINNING; THENCE C ONT"INILUING WWESTPARALLEL WITH THE 'NORTH LINE OF HICKEY STREET", 50 FEET; THENCE: 'SOUTH PARALLEL WITH THE WEST LANE OF ARTESIA STREET, 125 FEET TO A (POINT IN THE NORTH LINE OF HICKEY STREfE'I', NOW IEICsHT1H; THENCE EAST ALONG SAID NORTH LINNE, 50, FiEET, THENCE NORTH PARALLEL WITH THE WEST LIME Of ARTESIA STREET, 125 FEETTO THE TRUE POINT OF BEGINNING. PARCEL O; BEGINNING AT.A POINT IN THE NORTH LINE OF EIGE'IT'H STREET (FORMERLY HICKEYSTREET) 150.4 FEET WEST OF THE WEST LINE OF ARTESIA ST'REET', AS SAID ARTESIA STREET' EXISTED PRIOR TO September IST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH, PARALLEL WITH THE WEST LINE: OF ARTESIA STREET 125 FEET TO THE NORTH LINE OF EIGHTH STREET, 'THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 88 FEET TO THE POINT OF BEGINNING. 0:1012 'THAT FOR OF THE JACOB' BOSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OFEIGHTH STREET (FORMERLY (HICKEY STREET) 238A FEET WESTOF THE WEST LINE,: OF ARTY SIA STREET, AS SAIDARTESIAN STREET EXISTED PRIOR TO SqXmIwer 1ST, 1924, BEING 50 IFEET IN WIDTH; THENCE NORTH PARALLEL WITH THE WEST (LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 61.6 FEET, THENCE SOUTH PARALLEL WITH THE WEST LINE' OF ARTESIA STREET, 125 (FEET TO THE !NORTH LINE OF EIGHTH STREET; THENCE FAST ALONG TT E NORTH LINE OF IE'IG HTH STREET, 61,6 FEE"TTO THE POINTOF BEGINNING. PARCEL Q. THE EAST 7'S' iFEET OF THE SOUTH 125 FEET OF THE SOUTH 12S (FEET" OF THAT PORTION IOF THE SOUTHWEST 'QUARTER SECTION ELEVEN, TOWNSHIP FIVE SOUTH, FLANGE TEN WEST, S.BI As. DESCRIBED AS FOLLOWS: Site No; LAt13t7M:' l F1 Savadar Park Sne Address: 182.5 C:ivk; Center Drive West, Wta Ana, CA 02703 Page 16 or23 Page 44 of 107 City Council 12 — 52 3/18/2025 BEGINNING AT A POINT IN W NORTH LINE OF WEST EIGHTH STREET, 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO September 1S7 1924; THENCE WEST 1301.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LTINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 355 (FEET TO THE POINT OF BEGINNING. PARCEL R: THE SOUTH 125 FEET OF THE WEST 150.0 FEET OF THE FOLLOWING: COMMENCING ONTHE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT401.6 FEET WEST OF THE INTERSECTION OF SAID, HICXEY STREET NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, INOW EIGHTH STREET, 20D.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET, THENCE SOUTH 35S FEET 70 THE POINT OF BEGINNING. End of Legal Description LESSOR INITIALS: LESSEE IN RTIALS: Site No� I A03004W, 11-1 Sava Park Side Address: 1325 Civic CcnWr D6ve WM Santa Ana, CA 92703 Page 17 of23 Page 45 of 107 City Council 12-53 3/18/2025 PA-491TRM, LEGAL DESCRIPTION OF TRUE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary ror LESSEE's intended use of the property, The Premises as described herein may therefore be modified by the LE'SSEPto reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy ol'which will be provided to the LESSOR for review prior to being incorporated into the Agreement. LESSOR IN I HALS: 19'MMININUM Sac No: LA03009C i FA SavWor Park Page 18 of23 Site Address: M$ Civic ConterDrive West, SaWaAna CA 92703 Page 46 of 107 City Council 12-54 3/18/2025 w Im 111R =11 On"H"g, 01W- ;.p r Page 47 of 107 City Council 12 — 55 3/18/2025 Ui 15 IN jigpl'i Page 48 of 107 City Council 12-56 3/18/2025 �vl T A A -04 71 A Ann" all r I Alp i lip, Page 49 of 107 City Council 12-57 3/18/2025 0 04 �y -C -C SINN, C CL IN Page 50 of 107 City Council 12-58 3/18/2025 LEE, tl®p I 9 d 'lip y M toll I 0 'I ill Eli p Page 51 of 107 City Council 12 — 59 3/18/2025 "r N 1; m 0 Q g 1 I ICL 1, N . .... ..... -------- It is It i . i F1 P g 1 11 MgNorr 1H pi ;60A ii pip p WME Vp v MR, I 119 kill R H j F I I 41111-MI 1,111! 1 111111 0 Page 52 of 107 City Council 12-60 3/18/2025 E im 0 UJI CL T H s, 51 1j'a la il LA, fit JAI Nil 06� A Page 53 of 107 City Council 12-61 3/18/2025 10 go 0� fui .......... . ...... IN I � @ I I Q1 Page 54 of 107 City Council 12-62 3/18/2025 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plam, Santa Ana, California 92702; its officers, employees, agents and volunteer-; are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of' the named insured. 2. With respect to claims arising out of the operations and uses performed by,or on behalf of the named insured, such insurance as, is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person ororganizzlion would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to theCity of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy# .................................... Issued to Named Insured Countersigned by Authorized Representative S4c No: LN01009C / H Savadbr Park Page 19 of 23 Site .Address: 1925 Civic Ccntor Drivo West, San taAna. CA 1A2703 Page 55 of 107 City Council 12-63 3/18/2025 EXHIBIT D PROPEwry SPECIFIC ACC SS RULEWREGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items, and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEF,"s Facilities. 3. LESSEE's, access to the Premises shall be limited when the Premises, is being used for a public event, and the four (4) hours bcforc and after any such eventf,,t:-,SSEE will obey any procedures set by LFSSOR regarding notification before visiting the Premises, checking in on -site, parking, gates,, etc. Site Na: LAMW'iEl -Savadur Park 03 Pap 20 0 SieAddTess: 1825 Civic, Center Drive West, Sznta Ana, 'A 92703 Page 56 of 107 City Council 12-64 3/18/2025 EXHIBIT E CONTACT INFORMATION: LFSSOR'S TECHNICAL CONTACTS Name- City of Santa Ana Administrative Services Address: 888 W, Santa Ana Blvd., 2 d Floor, (P.O. Box 1988) Santa Ana, CA 92702 Daytime Phone No.: 714-571-4220 Facsimile No.- 714-571-4209 24-Hour Contact N/A No.: Dispatch Center: NIA 2. ATS Communications 'cony Ingegneri 22651 Lambert Street, Suite 101A Lake Forest, CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACTS: Name: Operations Center Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.: Dispatch Center: Site N:" . I Aa 03009C/ 141 Sava Park Page 21 of23 SiteAddrcss. 1825 Civic Cmcr Drive West, �Santa Ana, ("'A 92703 Page 57 of 107 City Council 12-65 3/18/2025 EXHIOIT E MEMORANDUM OF L.AND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENTis made and entered into as of -, 2008 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications, Inc,, a subsidiary of T-Mobile USA, Inc, ("Lessee"). WIIN['SSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 1825 Civic Center Drive West, Santa Ana, CA, 92703, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor . .................1 200'.,and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHIREOF, the parties have executed the Memorandum as of the day and year first above written, LESSEE: Ornnipoint Communications, Inc, a subsidiary of T-Mobile USA, Inc. By: CHRISTOPHER ELDRIDGE Regional Developincru, Director City of Santa Aria . ............. Address 20 Civic Center Plaza (M-29), P OBox 1988, Santa Aria, California 92702 (FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR FXFCIJ'FION] Owner Initials Lessee Initials ite No I-A03009C / Ei Savadot Park Page 22 of 23 Site Address: 1823 Ovic Center Drive West, Santa Ana, CA 92703 Page 58 of 107 City Council 12-66 3/18/2025 Please have the remittances sent to the following address: Pacific Southwest Realty Services Attn: Mary F. Nauert 8840 Complex Driive, Suite 101 San Diego, CA 92123 Account Name - — ---- - ----------------------------- ---- - Pacific Southwest realty Services ITIF / ATS Communications -Municipal lAtkbox Account Account Number 2460052935 Bank ontact Name Mary F, Nauert mnauetl@psrs.com Phone# 1114�4 -5 2 2 1 4 20 FAX# 858-514-210'� ....................................... .... . . .. . . Owner Initials Lessee Initials SitcN(.,. LA03009C/H Savak)r Park SiteAddress: 1825 Ovic Center Drive West SaritaAnaCA 92703 Page 23 ot"23 Page 59 of 107 City Council 12-67 3/18/2025 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO; T-Mobilc USA, Inc, 12920 SE 38"' Street Bellevue, WA 98006 Attn. PCS Lease Administrator Site 4 LA030(Y)C 7 V MEMORANDUM OF LAND LEASE AGREEMENT '11rs, Memorandum of Agreement is entered into on this --- day of _ ....... .— 2008, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, with an office at 20 Civic Center Plaza (M-29), P.O. Box 1988, Santa Ana, California M02 (hereinafter referred to as "Lessor"), and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, kic,, a Delaware corporation, with an office at 12920 SE 38,b Street Bellevue, WA 98006 (hereinafter reterred to as "Lessee"). WFNFSSET14� "that Lessor hereby losses to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property'j in the State of California, County of Orange, City of Santa Ana commonly known as 3825 Civic Center Drive West Santa Ana CA, 92703, a legal description of which is shown in lLxkib_lt_A attached laci-eto and incorporated herein by reference, under the terms and conditions of the unrecorelvd Land Lease Agreement by and between Lessor and Lessee dated by Lessor 2008, and incorporated herein by reference (the "Agreement") for an initial term often (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terns of the AgrevmenL The Agreement provides for grant of non-exclusive right or way for rights of access to the Property and to electrical and te[CphOnt facilities serving the Property. Page 60 of 107 City Council 12-68 3/18/2025 IN WITWES S WHEREOF, the parties have executed the Memorandum as of the day and year Ent above written. A ST; PA CA —E.H —E y ..... . Clerk of the Council APPROVED AS "Po FORM: JOSEPH W. FLETCHER City Attorney By: Z.,J, 4, LAURA STTEI'6V Assistant City Attomey CITY OF SANTA ANA rDaAVID ft—� City Manager LESSEE: Ornnipoint Communications Inc,, a subsidiarvl—of T-Mobile ELDR I TS-A-, Inc., a Delaware corporation By: Printed Narne: CERIST IDGYP --- ---m Its: --___Re&c)ttal )gMtLopmentDirector Date: Approved as to form 1 r-111 Tania B.Oao Corporate Counsol Page 61 of 107 City Council 12-69 3/18/2025 EXHIBIT A LEGAL DE'SC;R:IPTION OFTHE PROPERTY All that certain real property located in the County of Orange, State of California, being more particularly described as follows: PARCEL A* ,� a r e s • BEGTNN'ING AT A IPDr11 TT ON THE WEST LINE OF ARTESIA, STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 545, PAGE 55OF DEEDS Of ORANGE COUNTY CALIFORN A, 217 FEET NORTH OFTHE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET); TT� NORTH ALONG THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LE TO A POINT IN THE SOUTH LINE OFTHE LAND CONVEYED BY' BENIAMIN WALKER AND WIFE TO DEBORAH CARTER TRUMAN BY DEED DATED November S H 1924 AND RECORDED December 3RD, 19 4 IN 1300T4 552, PAGE 227 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST ALONG THE'SOUTH LINE OFTHE LAND SO CONVEYED T O DEBORAH CARTER TRUMAN AND THE BUENSION THEREOF 245 FEET TO A POINT, THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A (POINT 217 FEET NORTH Of THE NORTH! LIRE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STPM (NOW EIGHTH STREET) 245 FEET MORE OR LESS TO THE POINT OF BEGINNING. CALIFORNIA,DESCRIBED PARCEL 1: BEGINNING AT A POINT IN THE WESTLINE OF FAIRLAWN SS"TREFT, AS SHOWN ON MAPOFTHE FAIRLAWWN PARK TRACT, RECORDED IN BOOK 4, PAGE 4E OF MISCELI ANEOUS MAPS, RECORDS OF OBE COUNTY, CALIFORNIA, IF SAID STREET WAS E?CTENDED NORTHERLY,125 FEET FROM THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY MEET) SAID PLAINT BEING IN THE IN+ORTTII LINE Of THE LAND CONVEYM TO WALTER G. DAVIS AND WIFE, BY DEED RECORDED AUGUST 24TH 1973 IN BOOK 4% PA5E 164 OF DEEDS OF ORANGE COUNTY;; THENCE WEST PARALLEL WITH THE NOT N LIFE OF SAID E�'TH STREET 101.5 FEET; THENCE NORTH 184 FEET,; 'THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET" TO A POINT IN THE SAID EAST LINE OF FAIRLAti1WN STREET, IF EXTENDED; THENCE SOUTH ALONG THE WEST" LANE 194 FEET TO TH E PONT OF BEGINNING. ,AL50 A RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE CAST FOR STREET PURPOSES, 0AIKAw.; BEGINNING AT A POINT WHICH 15 401.6 FEET" WEST OF THE "WEST LINE OF ARTESIA STREET (AS ,SAID ARTESIA STREET EXISTED PRIORTO September 1'ST',1924, BEINGS 50 FEET WIVE) AND 355 NORTH OF THE NORTH LINE OF HICKEY STREET, THENCE' EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET" A DISTANCE OF 100.S FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST" LINE OF ARTESIA ST RE T, A DISTANCE Or 46 FELT, THENCE W ES IrCNrI A TINT: iPARALLEL WITH T T THE INORT'f°t ILINE OF HICKEY STREET A DISTANCE OF 100.S (FEET; THENCE NORTH 'ON A TINE PARALLEL WITCH THE WEST LINE OF ARTESIA STRFE T° A DISTANCE' OF 46 FEET TO THE POINT OF BEGINNING. Page 62 of 107 City Council 12 — 70 3/18/2025 PARCEL C: r� w � ' w � r r �: ., r r '�r • �r�•�r � i ;,war w •, r wy. w sww ,r w w■� w w d r r� y. r', r, ,� w w ALL THAT REAL PROPERTY SMA [ED IN THE CITY OF SANNTA ANA, OX#M OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS. COMMENCING G AT A POINT ON THE W1lE'Sr LINE OF ARTE xIA STREET A590 STREE C' AS ESTABLISHED BY DEED TO THE CITY OF SAaNTTAt ANA, DATED Dammb r 19 H,1924 AND RECORDED IN L OOK 54S, PACE 55 OF DEEDS, WHICH POINT LS 125 FEET" NORTH OF THEN PINTOF INTERSECTION Of SAID LINE WITH THE NORTH LINT. OF EIGHTH STREET (FORMERLY HICKEY STREET),* RUNNING THENCE WESTERLY IPARALLEL WITH THE NORTH LINE OF EIGHTH MEET 12$ FEET TO THE "TRUE POINNr OF BEGINNING; THENNM NORTHERLY PARALLEL WITH THE WESTERLY LIME OF SAID ARTES1A STREET 46 FEET* "THENCE EASTERLY PARALLEL. WITH 1+ E NOR- HE:RLY LINE OF EIGHTH H STREET 125 FEET To THE WEST9RLY UN OF SAID ANT7'ESTA S REFT, THENNCE NORTHERLYALONC SAID WESTERLY LINE LN FEN" MORE OR LESS TO THE SOUTH LINE OF THN: LAND CONVEYED To, DEBO IH CARTER TRUMAN BY DEED RECORDED Demb r LII, 1924 IN BOOK : 52, PACE 727 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET, THENCE NORTHERLY PARALLEL 70 THE SAID WEST LINE OF ARTT ETA STREET 46 FEET, THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEEL"T01'THE NORTH-WEST EST CORNER ER of THE LAND CONVEYED TO SENMATuNIN WALKER AND WIFE BY DEED RECORDED MAY II.BTH,192-3INi BOOK 473, PAGE 73 OF DEEDS; I HENOE SOUTH ALONG TH4 WEST LINE C1'F THE LAND CONVEYED TO BCENNMAMIN WALKER AND WEE BY SAM DEW 230 FEE T"'TO A POINT 125 FEET NO" C THE NNOFU H LINE OF N:JNGN TTH W-ET; THENCE EAST" PARALLEL, WITH SAID WORTH LINE OF EIGHTH STREET', 271.6 F L TTO THE TRUE POINT OF BEGINNING. NEXC EPTINNG THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT NO.521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PArE 32 Of MISCELLANEOUS MAPS, RECORDS OF ,SAID ORANGE CWNTY, CALIFORMA, BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF THE I NTERSEMONJ WITH THE CENTER LINE OF HTCI(Er 5FREL=T' RUNNING THENCE WEST ' PARALLEL WITH THE CENTER LINE ' OF HICKEY STREET, 53439 FEET, MORE OR LESS, TO LAND CONVEYED TO J. H. YOUNG BY DEED RECORDED Decmtaer 10, 1903 IN BOOK 98, PAGE 190 OF DE DS; THENNCE NORTH 31'$ NET'« MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND,- THENCE EAST" 542.5-2 FEET; THENCE SOUTH 292.11 FEET; THENCE EAST"" 289.87 FEETT O THE CENTER LINEOF ARRT'ESIA STR EP, TTT ENCE SOUTH 26,89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Page 63 of 107 City Council 12 — 71 3/18/2025 PARCEL 2: BEGINNING AT A POINT 36.9C CHAINS WEST OF THE EAST LINE OF SECTION 11, TOWNSHIP5 SOUTH, RANGE 10 WEST, SAKI BERNARDINDBASE AND MERIDIAN AND 6.165 CHAINS NORTH OFTHE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA AN AIID POINT BEING IN THE CENTER OF ARTESIA S7REET AND RUNNING THENCE VVES7 4.392 CHAINS, ENCE, NQR1`H4.43S CHAINS TO THE LAND NOW OR FORMERLY OWNED BY BEN FALLERT, THCNCE EA5774.392CHAtNSTOTHECaM OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS 70 THE POINT OF BEGINNING. EXCEPTfNG THEREFPOM THAT PORTION INCLUDED IN !LM F AND G AND LOTS 12, 13, 15 AND 16 OF TRACT NO, S21, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THATPOR'TION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAIDTRACV NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, Page 64 of 107 City Council 12-72 3/18/2025 RE(MRDS OF SHIN] IORANGE COUNTY, CWFORNTA. � x r N, r r111111 , LRALSGUS BEGINNING AT A POINT IN THE NORTH LME I WEST FJGIHTH SIR EET 602.4 FEETEST OF THE POINT OF INTERSIECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EKISTED PRIOR TD September IST, I RUING TCE WF$T NNHEN130. S PM7,, THENCE NORTH �ARALLEL WWEST M4 THE WE LINE OF ARTMAWT 355 FEET, THEME EW PARALLEL WIT14 THE NORTH LINEN E OF WEST EIGHTH STREE, 1 130.8 FII THENCE SOUTH PARALLEL WITH THE WEB" LINE OF ARTESIA STREET 355 FEETTO THE IPOINT OF BEGINNING. PARCEL G: BEGINNING $03.2 FEET WEST OF THE IN TON CIEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY S MErAS SAID ARTESIA STREET EXISTED PRIORTO SwWmber 1, 1924, BEING' SO FEET IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEErTo A POINT, THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A POTN7, THENCE WES7 PARALI T; WFII THE NORTH LINE OF HICKEY STREET, 70 FEETTOA POINT; THENCESOUTH 353 FEET THE' POW OF BEGINNING. pill iu 194 OF OFFTCTAL RECORDS, 4 1 111 "1 1 � 11 11, 111 � i ITTIN 1i III � liIii III ! !I' �, I WIWI I=* a -go BEGINNING ATA POINT IN THE NORTH LINE OF WEST F1GHTH STREET602.4(FEET WESTOF THE POINT OF I'NTFRSECrION OF SAID LINE WITH T14E WEST LINE OF ARTESIA STREET, As IT EasTED pmm To September 1, M4, RUNNING THENCE WEST 130.8 FEETTHENCE NORTH PARALLEL'WITHITHE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST IPARALLFLWa ITH THE NORTH LINE OFWEST EIGHTH STREM 130.2 FEM, THENCE SOUTH PARALLEL WITHTHEWEST LINE OFARTESTA STREET 355 PM70THE POINT OF BEGINNING; FXCEMNG THEREFROM MiE EAST 75 FEET To THE SOUTH 150 FEET; ALSO EXCEMNG THII1 THE SOUTH 125 FEET THEREOF; ALSO E(cEpnNG THEREFROM THE NORTH 145 FEET THEREOF. PARCEL I: PURNINZIM 111 1 lI i 11 1 wir 11 � I :: 1 11 11 11 1 ViAT PORTION OF THE SOUTHWEST 'QUARTER OF SECTION 11, TOWNSHIPS SOUTH, RANGE tO MST, S,113,13. & M., DESCRIBED AS FOLLOWS: Page 65 of 107 City Council 12-73 3/18/2025 BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEETWESTOF THE POINT" OF INTERSECT710N OF SAID LINE VATH THE WEST LINE OF; ARTESIA STREET, AS IT E)ZTED WrrHTHE WEST LINE OF ARTESIA STREET, AS IT E)CSTED PRIOR TO September IST, 1924 RUNNING1HENCE WEST 130,8 FT EI; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA HNREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 1310.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET' TO THE POINT Of BEGINNING. PARCEL 1 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SAWA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I - COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WMO,F THE INTF-RSECT10N OF SAID HICKEY STREET, NOW EIGHTH STREET, WITH THE WEsTLINE OF ARTESIA STREET, AS SAID ARTESIA ST`RE)ET EXISTED PRIOR TO September 1 1,924, RUNNING THENCE WEST SIN SAID NORTH LINE OF HICKEY SET, NOW EIGHTH smsEr, ias Fi, THENCE NORTH PARALLEL WM4 SAID WEST LINE OF AR1T-SIA!MFFT, 355 FEET; THENCE EAST 2DO.8 FEET, THEN SOUTH 355 FEET TO THE POINT OF BEGINNING, EXCEFTING TIHEREFPOM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 12S FEET OF THE WEST 150.8 FEET PARCEL 2t THAT PORTION OF SEC ION 11, IN TOWNSHIP 5 SOUTH, RANGE IOWEST, SAN BERNARDINO aASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINTIN THE WEST LINE OFARTESIA STREET AS SAID STREET WAS ESTARLISHING BY DEED TO THE CITY of SANTA ANA, DATCD September 19,,1924, AND RECORDED October 17, 1924 IN. BOOK 545, PAGE 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAM POINT BEING 125 FEETNORTH OF THE INTERSECTION OF SAID LINE WITH TIME NORTH LINE OF EIGHTH STREET ((FORME HICKEY STREETNC ); THEE NORTHERLY ALONG SAID WEST LINE OF ARTESIA STREET L34 FEET; MORE OR MESS; TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED December 3, 024 IN BOOK 552, PAGE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL To THE SAID WEST LINE OF ARTESIA 57-REET 46 FEET, THENCE WESTERLY PARALLEL TO THE NOM LINE OF: EIGHTH 65 STREET, 271,FEET -TT) THE h6ftiHWEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18, 1923 IN 473, PAGE 73 OF SAID DEEDS; TH,ENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALITR AND WTFE, By SAID DEED, 230 FEET M A POINT 25 FECr NORTH OFTIfE NORTH LINE OF EIG14TH STREEr,'THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT Of, BEGIINNING EXCF,PTING THEREFROM THE EASTERLY 125 FEET. PARCEL Ka THAT PORTION OF THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS, BEGINNING AT A POINT I N THE NORTH LINE OF WEST EIGHTH STREET, DISTANT THEREON 677.4 FEET WEST OFTHE INTERSECT70N OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET DaSTED PRIOR To September 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST' ALONG THE SAID NORTH LINE OF EIGHTH STREET"', 65.8 FEET, THENCE NORTH PARALLEL WITHW,D WEST LINE OF ARTESIA STREET, 125 FEET, 'THENCE EAST PARALLEL WrM SAID NORTH LINE OF EIGHTH STREET; 65.8 FEET, THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING. PARCEL L, THE EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING: Page 66 of 107 City Council 12-74 3/18/2025 COMWNICINGATAPOTNTONITHE NORTH TINE OF HICKEY STREFT, (NOW M STREET1,401,6FEET"WEST OF THE INTERSEC1710N OF SAID NORTH LINE OF HICKEY STREET (NDW " 61-REET) WITH THE WEST LINE OF ARTESIA STREET AS SAID ARTESIA STREET EMSTED PRIOR TO Se*rllb#-r 11924, RUNNING THENCE V&ST ON S9D NWTH LINE OF HICKEY STREET (NOW STH ST'RE 200,8 FEEY, THENCE NORTH ,E% N PARALLEL WIT :SAKI 'WEST' LINE OF'ARTESIA STREEG FEETTHEN 355 , EAST 200.8 FEET, THENCE SOUTH SOUTH 355 FEET TO THE POINT OF BEGIMING. PARCEL M. 'wAT K)RnoN OF THE 3ACOB ROSS ALI-OTMENTBECINNIM AT A POINTINTHE NORTH LINEOFHICKEY STREET, NOW EIGHTH STREET, 300 FEET WEST OF THE INTERSECTION Of: THE WEST LINE OF ARTESIA STREET WITH THE I LINE OF HICXEY STREET, AS SAID STREETS; AS SAID STREETS EXISTED !ON November 20, 1006' , THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET,' THENCE NORTH PARALLEL WITH THE WEST LINE OF AR`TESrA MEET, 125 FEET, THE IEAST PARALLEL WITH THE NORTH LINE OF HICKEY STRFRr, 101.6 FM,- AND THEME SOUTH PARALLEL WITH THE WEST LINE' OF ARTESIA STREET 12S.00 FEET TO THE POINT OF BEGINNM BEG74NING AT THE INTERSEMON OF THE NORTH LINE OF HICKEY STREET, NOW EDIGHTHISTREET!, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA, STREET E=rED PRIOR TO September IST 1,9240 BUNG 50 FEET IN WIDTH; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA STREET125 FEET- TI-ENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY MVEEr, 100.4 FEET TO THE iWJYF POINT 6� BEGINNING; THENCE CIDNITINUING WMr PARALLEL WITH THE NORTH NINE OF HICKEY STREET, 50 1 THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN THE NORTH LINE OF HICKEY STREET, NOW ISOM, - THENCE EASTALONG SAID NORTH !LINE, 50 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA SREFT, 125 FEE TO THE TRUE POENT OF BEGINNING. PARCEL 0: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) 150.4 FEET WEST CIF THE WEST LINE OF AKrESIA SMftT, AS SAI D ARTESIA STREET EXISTED PRIOR To S tember IST�r 1924 BEING 50 FEET IN WLDTH� THENCE NORTH, PARALLEL WITH THE WEST LINE OFIRTESTA STREET Os FEET To THE NORTH LINE OF EIGHTH STREET' , THENCE EkST ALONG THE NORTH LLNE OF EIGHTH STREET, 83 FEET TO THE POINT OF BEGINNING. PARCEL P., *THAT POPONOFTHE)ACOS MI SS ALLOTMENT, DESCRIBED AS FOLLOWS - BEGINNING ATA POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICYEY STRE 238.4 FEET WEST' OF TH E WEST LINE OF ARTESIA STREET, AS SAID ARTESIA N STREET E)G! , 97 Septa n t * r 1ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH PARALLEL WWI THE VVEST LINE OF ARTESIA 57REET, 125 FEET ; THENCE WEST PARALLEL WTH THE NORTH LINE OF EIGHTH STREET, 161.6 FEET - THENCE SOUTH PARALLEL W.TTH THE WEST LINE OF ARTESIA STREET. 125 FEETTO THE NORTH LrNE 6� EIGHTH STREET, TNENCIF EASTALONG THE NORTH LINE OF EIGHTH *gEr, 61.6 FEErTo THE POINT OF BEGIN1NING. THE EAST 75 FEET OF THE SOUTH 125 FEET'" OF THE SOUTH 125 FEET OF THATPOKTION OF THE SOUTFWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUIH, RANGE `TEN WEST, S1.19.&M., AS DESCRMM AS FOLLOWS, Page 67 of 107 City Council 12-75 3/18/2025 BECdNNING AT A POINT IN THE NORTH LINE OF WESTEIGHTH STREET, 602.4 FEET WEST` OF THE POINT ,OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARIESIA STREET As rr E)aMD PRIOR TO SEPbunber IST 192; THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 35S FEET, THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH &TREEL 1,30,8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 1301.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ART IA STREV355 FEET TO THE POINT OF BEGINNING, PARCEL R� THE SOUTH 125 FEET OF THE WEST 15O.8 FEET OF THE FOLLOWING: COMMENCING ON THE NORTH LINE OF HICKEY MEET, NOW EIGHTH STREET, AT A POINT 401 b FEET WEST OF THE INTERSECTION OF SAID M(EY STREET NOW EIGHTH STREET, WITH THEWEST LINE OF Ate SIA STREET, AS SAID ARTESIA STREET EMSTED PRJOR TO Septembw 1, 1924-, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET" 200.8 FEET; THENCE NORTH PARALLEL WITH SM WEST LINE OF ARTESIA MEET, 355 FEET; THENCE FAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING. End of Legal Description Also known as: El Salvador Park Assessor's Parcel Number: 405-121-11 Page 68 of 107 City Council 12-76 3/18/2025 fate of Oaqf -04 ri�n, r�29c P],k•+'pk4t9? et® � 9IZRNA G _ORG6 4YYOUS "WirCortm.Expi Natary "11c • CallfomkC11. Contra Casio Coonyrga.fmipy S. 2010 IAW'FiM,�•�W�9 A..a'� O-ed4crigbo at A#aOod 4ocmmeat t]pciinn�nk fat, ��. c7 SOra4) 06erlhan i4,4mad bower' -- Signer's wme: �IT Obrporate officer AtfrNneyr in pact l T'rust�p 7 E1 Guardian or Conservator O� her: Signer is Represe---,-- nting: wh., ioVotl'tta rr .�,sF�+ i e p rs dam) i� Skt Oe6i6 to,1he whfiln i�rc r t tx, �tat�� �.Ps�s�.d� e�la��tutCrt�rtr�adFtai� ,� 5r t Ott �i c rtt? a I r . atCOON par oiAp .4§, MV TS$ rrtyrtt'rtd'rd sf.. v1�nWNW��WI t'(y"F�al� �dr�,rC��e V�d6+d� tip'fy�,%�SL3rdS>��SY�'«X�SP�tt'1 rft� dnCfF{rr�cac�t Nurope bt, pest. Signer's IMderrkei iC; I iira�a sd'perrate i]fticar— F] Pfitdne•r — 0 11tod dj Ca�rberai CtAttrarn yIrt-Fact trustee, inq Umb re * Garard W) or Cooservalor Signor Is Repreten ing; ...... O 7 NaNafeal Mahary +:,.a.rur.^ia6rxo � N3Sr3 Q'Drt 66ta Auc_. daiA.raat �WC3• Ct�Srsmartl+, CA 9d3f �2¢A2•'�MM.h4zt�ma�lat ... .- .. . �aep ttam...W�(u7' iCre;TmCW�r('.,tiWi7�tlLFt�r1�B^�},�%"�aev2i Page 69 of 107 City Council 12 — 77 3/18/2025 CALIFORNIA ALL-PURPOSE ACKNIOWLEDGMENir State of California County of I On _'_ _0 — before me, ale Personally appeared Who proved to me on the baste of safisfactary,evidence to be the Person($) whose name(s) Ware subscribed to the Within instrument and acknowiledged to, me that helsbe/they executed the same In hL&ber/their authorized caPadfy(les), and that by hisAier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the Person(s) acted, executed the instrument. I certify under PENALTY OF PEqjjjRY under the taws of the Stale of Callfomia that the foregoing paragraph is true and 'correct. 'WITNESS rry hand and official seal, Pla,D0 "WY $001 AbM Signature—_. OPTIONAL Th-gh the informavon bNow (S not feqmrod by law, ft maY Prove Wuabie to Persons relying on ft docunwnt and CoWd pteven t ffaudurentfOmovaf and reatlachmeht at this brm to another document OeSCrIPtiOn of Attachied Document Title or Type of [)ocument: Document Date,, . . . ....... Number of Page& Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer'S Name: !Signer's Name: I Individual 7 individual Er� COrPOrata Oftioer — Title(s): L2 Corporate Officer — Title(s): Partner — ] Limited 0 General Partner — 0 U m it ad El General 0 Attorney in Fact Attorney in Fact :2 Trustee Trustee TOP 0 thurrb mare D Guardian or Conservator Fj Guardian or Conservator Other; Dlher� signer is Representing:_ 7 Sinner P4.2,y S,04. A,' p.0, Bft 2402- 9Mr6h.1CA 9131_124.12- , . .. '.[NPWY-g RM#5&0CMT Oq �FT- ',W 6 76-1,3 W Page 70 of 107 City Council 12-78 3/18/2025 EXHIBIT C Legal Description and Survey of the Premises TOWER LICENSE THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 890 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 000 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 890 34' 16" EAST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 000 25' 44" EAST, 22.00 FEET; THENCE SOUTH 890 34' 16" EAST, 15.00 FEET; THENCE SOUTH 000 25' 44" WEST, 22.00 FEET; THENCE NORTH 890 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.008 ACRES (330 SQUARE FEET) OF LAND MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED AREA: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 890 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 000 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 890 34' 16" EAST, 15.00 FEET; THENCE NORTH 000 25' 44" EAST, 22.00 FEET; THENCE NORTH 030 05' 29" EAST, 26.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 000 25' 44" EAST, 10.00 FEET; THENCE SOUTH 890 34' 16" EAST, 10.00 FEET; THENCE SOUTH 000 25' 44" WEST, 10.00 FEET; THENCE NORTH 890 34' 16" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (100 SQUARE FEET) OF LAND MORE OR LESS. CONTAINING A COMBINED TOTAL OF 0.010 ACRES (430 SQUARE FEET) OF LAND MORE OR LESS. FIRST ADDITIONAL PREMISES LICENSE THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS Page 71 of 107 City Council 12 — 79 3/18/2025 FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 890 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 000 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE CONTINUING NORTH 000 25' 44" EAST, 15.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 000 25' 44" EAST, 6.50 FEET; THENCE SOUTH 890 34' 16" EAST, 15.00 FEET; THENCE SOUTH 000 25' 44" WEST, 6.50 FEET; THENCE NORTH 890 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (98 SQUARE FEET) OF LAND MORE OR LESS. NON-EXCLUSIVE ACCESS & UTILITY EASEMENT AN 8.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 890 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 711.33 FEET; THENCE NORTH 000 25' 44" EAST, DEPARTING SAID CENTERLINE, 470.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 25' 44" WEST, 22.52 FEET; THENCE NORTH 890 34' 16" WEST, 33.60 FEET; THENCE SOUTH 410 03' 33" WEST, 21.50 FEET; THENCE SOUTH 000 25' 44" WEST, 60.60 FEET; THENCE SOUTH 700 26' 04" WEST, 16.70 FEET; THENCE NORTH 890 01' 52" WEST, 175.00 FEET; THENCE NORTH 630 45' 31" WEST, 15.50 FEET; THENCE NORTH 890 11' 05" WEST, 41.60 FEET; THENCE SOUTH 000 56' 20" WEST, 31.40 FEET; THENCE SOUTH 890 58' 19" WEST, 84.20 FEET; THENCE SOUTH 470 44' 41" WEST, 61.50 FEET; THENCE SOUTH 010 01' 12" WEST, 250.10 FEET TO THE POINT OF TERMINUS ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER DRIVE AND CONTAINING 0.150 ACRES (6,514 SQUARE FEET) OF LAND MORE OR LESS. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE, ADDITIONAL LANDS, AND NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER Page 72 of 107 City Council 12 — 80 3/18/2025 111 A LTA PROPERTY OWNER THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PROPERTY ADDRESS 1825 3/a Civic Center Drive West, Santa Ana, CA 92703 PARCEL NUMBER 405-171-11 [Land Survey Follows] Page 73 of 107 City Council 12 — 81 3/18/2025 a j V, 4 o D v T r I j Page 74 of 107 City Council 12-82 3/18/2025 Z4 C'IJ S, Ii I Page 75 of 107 City Council 12-83 3/18/2025 City Council 12-84 3/18/2025 ii e Page 76 of 107 NUNN f 5 I INN 4) f, .. .. . .. ....... L aH, 139 X93 Ti 1)rw Page 77 of 107 City Council 12-85 3/18/2025 City Council 12-85 3/18/2025 t .. . . ........ .. .. . . . . ........... tz I -F Page 78 of 107 City Council 12-86 3/18/2025 0itl95, D H Psi _q F. �,x A i I . '! 'MVO idM V�p ,v k N I p o. "III il 711 4A 4 V H;j, Page 79 of 107 City Council 12-87 3/18/2025 EXHIBIT D Licensee's Facilities THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS: Page 80 of 107 City Council 12 — 88 3/18/2025 'w 7 — -Z 'qul n z ti Jill 10 iz D 111'wls W< �3 00 CC 0 0 �02> vo Z. en 9 5 en N LJ R 0 2H RIM 1 MH 2 YY Page 81 of 107 City Council 12-89 3/18/2025 Page 82 of 107 City Council 12-90 3/18/2025 91 UZ WM OW U Ell I I Ll F-1 A M x Page 83 of 107 City Council 12-91 3/18/2025 MIA AV Ilk 41 �Y%: ry l m! I10,tyUr pr ire J/� i 9r�, W � "Ire v blN fr,�j /l/ %V� r(! n l r lyµ-;� t yry ^1�. ,� r4 � n t '"✓ Y rvnf y�"MU, � rf� �a Ell oe tl n; Y G � %1r ice. s�'�i Jrl �� ���� rr�'' i�hry9 � w �✓ �Gry I "^iF.r �„�. � in rli FF Page 84 of 107 City Council 12 — 92 3/18/2025 Page 85 of 107 City Council 12-93 3/18/2025 City Council 12-93 3/18/2025 Page 86 of 107 City Council 12-94 3/18/2025 City Council 12-94 3/18/2025 4L R9 !0 Page 87 of 107 City Council 12-95 3/18/2025 vl/ Page 88 of 107 City Council 12-96 3/18/2025 io 00 am 0 I I W Page 89 of 107 City Council 12-97 3/18/2025 t a� �$`^� p r 'ilr W W m4It Ik G 6 4 Ila-@@q ��y1 �I Jg Jrt gg gg rg M # 45 1 w r W 1% Nffl, Y UE ,�----------- f J W. Ji K Llie F„ L 6 G�i.� '' gilw` .. 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P— 14 P. 4N .1 . 1.4 W.6 -'I .11K wi I 'I.�,N q�IA . - ,.I,j� 1 j. 0. N% - - [=:I p.,N, 'I, .",N X "I _W 1. 1.1v I - .�, ---------- III 2 H3 ,11 M 99N 115 1 ] 1 1 1 FII, m N-hq ON N,1W wWl I. I 4-4 11 4 1 W III III)OWD 10 VIS, ap"d QNw ON -N, iI 'NN 1N."N NOS l'01 on N 1 N. p q"!,. dwindap 6"1,. .4, ., pW"., axpxdanqu .." :SIMN NOUDOWSWO n -1VN0LLN3AN0')) S�09A)\S il�)(INOO A0 GN]0:11 Page 95 of 107 City Council 12-103 3/18/2025 _ y IT C:] �n d Ril z� l�,.r'.lImp sy ar u ..... ...... MIN ,w v 3l A w A� L � � Mm w GG Y x.ry H & x ev� I111 00 Of M1 I 4 j ra €� a+ �.. 43 irvurr .pc.... ,� y,v, ✓n . . �� � �u3 v,Ra e� illy a l 9 qg i 9 11 i W fill � �q����� � ca �p z oil vs w NAM I Ali V LA ill Oil C7 a� y.......... y �' CJSS a. cite. H I Ia8m Ail e � z Page 96 of 107 City Council 12 — 104 3/18/2025 C "p! M �Cw FS 4C7 LC 4 I-- d g£ M. 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T 0 ski Np :g Ali vs F to XIN .1. A 1 1 ONO A in all 11 & 11 oil A Council 12-111 3/18/2025 City wool 0)) 3 51, 51 M A g 0 go Is .S,2 sg 2 It. 41 lg� ET� 6 8;1 t R Page 104 of 107 City Council 12-112 3/18/2025 Page 105 of 107 City Council 12-113 3/18/2025 City Council 12-113 3/18/2025 EXHIBIT E Minimum Scope and Limit of Insurance LICENSEE shall carry and maintain for the duration of the Agreement 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 performed by LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this proj ect/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles). 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. Other Insurance Provisions The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status LICENSOR, 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 LICENSEE 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 LICENSEE's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, LICENSEE's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE's insurance and shall not contribute with it. Notice of Cancellation Page 106 of 107 City Council 12 —114 3/18/2025 Each insurance policy required above shall provide that coverage shall provide thirty (30) days' prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR. Waiver of Subrogation LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE 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 LICENSOR. 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 AXII, unless otherwise acceptable to LICENSOR. Verification of Coverage LICENSEE shall furnish LICENSOR 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 LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE 's obligation to provide them. LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location. Special Risks or Circumstances LICENSOR reserves the right to modify these requirements once per renewal term period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. Page 107 of 107 City Council 12 —115 3/18/2025 EXHIBIT 3 GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT JEROME PARK This Ground License Agreement ("Agreement") made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as "LICENSOR" and CCTM1 LLC, a Delaware limited liability company, hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties." A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement. 1. PROPERTY. LICENSOR is the owner of that certain real property located at 2115 W. McFadden Avenue, Santa Ana, CA 92704, commonly known as Jerome Park (the entirety of LICENSOR's property is referred to hereinafter as the "Property" and a legal description of the Property is attached hereto as Exhibit A). 2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 828436 and being described as approximately four hundred fifty- four (454) square feet for LICENSEE's wireless telecommunications facilities as defined in Section 11 of this Agreement, consisting of (i) an existing three hundred eighty-eight (388) square foot parcel which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3, below, and further described in Exhibit B, attached hereto for reference) and (ii) an additional sixty-six (66) square foot parcel (the "First Additional Premises"). The licensed area of the Property, referred to hereinafter as the "Premises," is substantially described in Exhibit C attached hereto and incorporated fully. 3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below), this Agreement shall replace and supersede any prior lease agreement or license agreement (the "Original Agreement") between the Parties. 4. TERM. The Effective Date of this Agreement shall be April 1, 2025 and shall remain in effect for a period of ten (10) years (the "Initial Term"). 5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") (the Initial Term and each Renewal Term are collectively referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows: A. If LICENSOR, in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in conformity with LICENSOR's intended Page 1 of 103 City Council 12 —116 3/18/2025 use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term. B. Thereafter, each subsequent renewal shall be subject to the following procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then -current term. Within sixty (60) days of receipt of LICENSEE's notice, LICENSOR shall determine whether such extension is in LICENSOR's best interest and, if not in LICENSOR's best interest, LICENSOR may deny such extension request, at its sole discretion. C. In the absence of a Renewal Term, the Agreement shall continue on a month -to - month basis. The License Fee for these month -to -month periods will be the amount of the last month Renewal Term License Fee plus four percent (4.0%), and subject to a Holding Over Fee as described in Section 6 below. 6. HOLDING OVER. Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent (18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase. 7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requiring approval including assignments and sublicenses, including colocations, require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement. 8. LICENSE FEES. A. The License Fee for the first year shall be an annual amount of Forty -Nine - Thousand, Thirty and 32/100 Dollars ($49,030.32) based on a monthly amount of Four Thousand Eighty -Five and 86/100 Dollars ($4,085.86) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date. B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee. Page 2 of 103 City Council 12 —117 3/18/2025 C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date. E. LICENSEE agrees to pay to LICENSOR an Additional License Fee, as set forth in Section 28A(1) of this Agreement, in the amount of Five Hundred and 00/100 Dollars ($500.00) per month, beginning upon the first day of the first full month following commencement of construction activities within the Premises by the DISH Colocator, defined in Section 11 below (the "DISH Colocation Effective Date"), and each subsequent payment shall be due and payable on the first day of each month thereafter until the earlier of (i) the expiration of the Term, or (ii) the expiration or termination of the DISH colocation. On the anniversary of the DISH Colocation Effective Date and on each anniversary of that date thereafter (each an "Additional License Fee Adjustment Date"), the Additional License Fee shall not escalate at a fixed amount, however, such fee will be calculated pursuant to Section 28(a)(1) of this Agreement. If the DISH colocation expires or terminates for any reason, LICENSEE shall no longer be obligated to pay the Additional License Fee for the DISH colocation. F. Pursuant to Section 28A(4) of this Agreement, LICENSEE agrees to pay to LICENSOR a fee for the First Additional Premises set forth in Section 2 of this Agreement (the "First Additional Premises Fee") in the amount of Four Hundred and 00/100 Dollars ($400.00) per month as consideration for the First Additional Premises, beginning upon the commencement of installation of improvements within the First Additional Premises (the "First Additional Premises Effective Date") and continuing thereafter until the earlier of (i) the expiration of the Term; or (ii) termination of the First Additional Premises by LICENSEE, in its sole and absolute discretion, upon thirty (30) days' written notice to LICENSOR. Termination for the First Additional Premises shall be effective upon the removal of all improvements made by the LICENSEE and the restoration of the First Additional Premises to the condition it was in as of the First Additional Premises Effective Date, ordinary wear and tear excepted. On the anniversary of the First Additional Premises Effective Date and on each anniversary of that date thereafter (each a "First Additional Premises Fee Adjustment Date"), the First Additional Premises Fee shall increase by an amount equal to four percent (4%) of the First Additional Premises Fee in effect for the month immediately preceding the applicable First Additional Premises Fee Adjustment Date for so long as such First Additional Premises Fee is payable to LICENSOR as set forth herein. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, Page 3 of 103 City Council 12 —118 3/18/2025 including without limitation those by the City acting in its regulatory authority (collectively the "Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE's Facilities (described in Exhibit B), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. 11. USE/MAINTENANCE. A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, two separate communications towers and equipment rooms, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LICENSEE's Facilities") as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. These two separate communications towers shall be identified as "Tower 1" and "Tower 2". LICENSOR hereby consents to modifications at the Premises by DISH Wireless L.L.C. or its affiliate (the "DISH Colocator") as more fully described in the drawings attached hereto as Exhibit D. All improvements shall be at LICENSEE's sole expense and the installation of all Page 4 of 103 City Council 12 —119 3/18/2025 improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings ("Plans") and artistic renderings of the equipment to be installed. B. LICENSEE agrees that the installation and maintenance of LICENSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE's Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises. C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein. D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said services and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. E. LICENSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. Page 5 of 103 City Council 12 — 120 3/18/2025 F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions. I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, Page 6 of 103 City Council 12 — 121 3/18/2025 permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Agreement. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods. K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to take all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE's period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. 12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises. 13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises. 14. HAZARDOUS MATERIALS. A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved May18- Page 7 of 103 City Council 12 — 122 3/18/2025 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit. C. LICENSEE acknowledges that (1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement. D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators, are allowed. E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior Page 8 of 103 City Council 12 — 123 3/18/2025 notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub -surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods. F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all Hazardous Substances placed by LICENSEE on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE. LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property. LICENSEE shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises. H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR's directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE's use of the Premises. L Breach of any of the covenants, terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE's operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Page 9 of 103 City Council 12 — 124 3/18/2025 Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by LICENSEE during LICENSEE's period of use and possession of the Premises. Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances. 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E. 17. INTERFERENCE. A. LICENSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Agreement was fully executed ("Pre -Existing Communications"), or public safety communications operations, as may be upgraded periodically, and LICENSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE's use of the Premises or encroaches upon the Premises. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LICENSEE's consent may be withheld if interference with LICENSEE's transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether Page 10 of 103 City Council 12 — 125 3/18/2025 consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions. In the event of any interference with LICENSOR's public safety communications operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE's Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference. If LICENSEE's Facilities interfere with LICENSOR's public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE's Facilities. LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR's public safety communications operations caused by LICENSEE's Facilities. 18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LICENSOR's sole option. 19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City -sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE's Facilities. 20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LICENSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LICENSOR's title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above. 21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any Page 11 of 103 City Council 12 — 126 3/18/2025 such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement ("Tower License Page 12 of 103 City Council 12 — 127 3/18/2025 Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE's communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LICENSEE, if available at the Premises. 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 26. ATTORNEY'S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR' S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement, to any of LICENSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LICENSEE's property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty (30) days prior to any assignment. No Administrative Fee is required for assignments between parties listed in (i-iii) above. 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for colocation on telecommunications tower facilities and will reasonably facilitate any colocation Page 13 of 103 City Council 12 — 128 3/18/2025 subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE. A. LICENSEE — COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction, with a future tower colocation user who wishes to collocate/sublease space on LICENSEE's tower, subject to: 1) LICENSOR shall receive a fee of fifty percent (50%) of the Tower Rent, as defined below, received by LICENSEE (the "Additional License Fee"). a. LICENSEE is required to self -report to LICENSOR when their Tower Rent from any source increases. b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE's sublicensee rent obligations for the cellular tower ("Tower Rent") that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE's receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty (60) days, or such business summary is not satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have the right to: Upon reasonable notice, review LICENSEE's records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE; ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE's books and records related to the Tower Rent to verify the accuracy of the reported amounts. d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for information and access to records in connection with the verification of the Additional License Fee. 2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. Page 14 of 103 City Council 12 — 129 3/18/2025 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original LICENSEE Agreement. 4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below: Additional Space Required Amount due Licensor per Month Up to 100 ft2 $400.00 100 to 200 ft2 $600.00 200 to 300 ft2 $900.00 Over 300 ft2 $1,250.00 The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date of the Amendment to the Agreement. B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation non-refundable additional payment shall be required. 29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows: LICENSOR: City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 With Copies To: Public Works Agency 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Page 15 of 103 City Council 12 — 130 3/18/2025 LICENSEE: CCTM1 LLC c/o Crown Castle USA Inc. Attn: Legal - Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 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. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and permitted assigns of the Parties hereto. 31. RELOCATION RIGHT. A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and re -installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter, the quality of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LICENSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE's Facilities. B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the "Notice") to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE's Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR's proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, Page 16 of 103 City Council 12 — 131 3/18/2025 then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the "Relocation Site." LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site. Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 32. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than sixty (60) days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use. 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE Page 17 of 103 City Council 12 — 132 3/18/2025 may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TERMINATION. A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE's operations that LICENSEE's use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non -appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days' notice to LICENSEE. B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if (i) LICENSEE does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "Approvals") reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default Page 18 of 103 City Council 12 — 133 3/18/2025 pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above. C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR. 39. 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 the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn. B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [Signature Page Follows] Page 19 of 103 City Council 12 — 134 3/18/2025 SIGNATURF PA(1131* FOR GROUND LICENSE, A("$]Zl,9',t"MEN'I'BEI'NVEI,',N 1111F, CITY 01; SANTA ANA AND CTITNU LLIC 11,011 WIRELFSS TELECOMM UNWATIONS FACILITIES AT JEROVIIi'l PARK IN WITNESS WI 11"W01', the pardes herclo have executed this Agreenlent 1he (hate and year firsi above ),V,I,i (tell, EYKIMM Jennifer L. I lall City C lerk APPROVE'D ASTO FORM SONIA [�. CAIWALI-10 City Attorney BY: -Mwidon SalvaGerra Dcputy City Attot'lley RECOMMENDI-A) FOR APPROVAL Digitally signed by Nabil Saba Nabil S b Date: 2025.03.03 17:14:39 -08'00' Nabil Saba EXCCUtiVC DilVC101' Ptiblic Works, Agency CITV 01; SANTA ANA Alvaro Ntlhez City Manager 1ACE,NSEF, as Delaware linflied flability CoMIXIlly I la gL, 2 0 tat` 103 City Council 12-135 3/18/2025 EXHIBIT A Legal Description of the Property SANTA ANA ACRES LOT 32 AND POR OF LOT 31 AND POR ABAND STR (CENTER STREET) ADJOINING THE WEST LINE OF LOT 32 TR 696 Page 21 of 103 City Council 12 — 136 3/18/2025 EXHIBIT B Original Agreement A-2007-281 Site Name: "I'MO 10 Jerome Park She ll)#:� LA0010A ll FIRST AMENDMFENTTO LAND LEASE, AGREEMENT BETWEEN '" � Coo�jC`i1,,THL CITY OFSANTA ANA AND OININIPOINT COMMUNICATIONS INC. for Jerome Park of Santa Aria and OunnitrDint Conimunicalion& Inc. for ki,ounc Pork (Ircreinafter "First Anionditiont") is attached to and mado part of the Land Lease Agreement Between The City ,of Santa Aria and Onmipoint CenunqjjiqLions.Inc. for Jcroinc Park (the "Lease") dated its of December .5,2005 byaud between the City of Santa Ana,, a charter city and municipal corporation organized and existing under the Constitution and laws of tire State of California, { TRSSOR") and OMNIPOINT COMMUNICATIONS, INC., a subsidiary of"f-Mobile USA, Inc., a Delaware corporation, with a place of business of 33 Imperial promenade, Suite I l00, Santa Ana, CA 92707 ('%FSSFF11'). RECITALS: WHEREAS, the property address 888 W. Santa Ana Blvd, ,Santa Aria CA, specifled in Section I of the Lease., is uicorieot and the Parties wish to correct the address to 2115 W. Me Fadden Avenue., Santa Aria, CA 92704;and WHEREAS, LESSL13 was to construct concrete bteachen-s. under the Approved Plans but LESSFF. and LESSOR now want (-j provide for portable bleachers instead; NOW THEREFORE, for good and valuable ounsideration, the receipt and sufficiency all which are hereby acknmviedp ,od; arid WITHOUT lirliting, the terms of the Lease, LESSOR and. LESSEE, intending to be legally bound, finther agree to unrund the Lease as follows: AMENDMENTS: 1) The address "888 W Santa Ann Blvd, Santa Ann CA" appearing 1n Section I of the Lcase is hereby detClcd and replaced with the address "21 H W. Me Fadden Avenue, Saina Aria, CA 92704". 2) 1 lie Approved Plans included ir the Lease and titled "Rxfioblt 11" arc hereby deleted In thch entirety and replaced with the Approved' Plans unibodiod in "Exhibit 13- 1" Wazlicd hrac lo. Ali [VlbNOCCnithe Loaso to Fxhibit B shaill inean the new Exhibit B-1. LESSER ;shall contj-uct and pay to All Purpwo Manufacturing, Inc,, the sum not to exceed ThiTtyThousand Driflars ($30,OGO.00) for the purchase and instaflation ofpcirlable bleachers us described in the altachod Exhibit B-I . rll,,, portable bleachers shall not be park ofthe PremisesorLE'SSIM's b'acilittcs. LESSOR assunics all title and ownciship iriterest in, all maintenance tuspunsibihly and liability for the portable bleachers. LESSEE stiall have no obligation under the lease to provide concrete bleachers or any other bleachers once the sum is paid to All Purpose Manufacturing, Inc., as provided herein. HEADINGS; Any rand all heodings in the original Lease arid any Amendment theicto, are for refcrence nird/or clariflicafion purposes only and shall not bu dunned lo denno or linflithe scope or intent of any of the ternis, covenants, conditions or agreements contained therein, IN THV EVENT of a conflict bctwccil the original Lease, and this First Amendment, this Hrst Amendment shall control. All tennis and conditions in the Lease and Pxhibits thereto which taro not inconsistent herewith remain in fufl force and effect. [signature page foltmlysp Page 22 of 103 City Council 12-137 3/18/2025 SkNanw TMO 10 Jurvine Polk Situ HM; LA030 I OA IN WITNESS WHEREOF, LE-SSOR and LR'SSFE Nave caused [his First Amendmentto be duly executed as of the date bulow, ATTEST: Ctork of tM�e Council APPROVED AS TO FORM JOST1,1111 I W. F1 'L�ITCI I UR City Attorney CITY OF SANTA ANA bAVID N. 14-LAM City Manager ly: '111? . AI f1111 1-1 Assistant City Attorney LESSEE: OMNIPOINT COMMUNICATIONS INC., asv�otljfl,yorr-mobiteusA nc. Printed Name: 611op" On 2wtvld eq "I Its; Vic' mnitlet dog- Arvin Dii reckv- Dato: T-Mobile Leg Approval By: Page 23 of 103 City Council 12-138 3/18/2025 ti`ite Name: I'MO10 Jerome Park EXHIBIT B-I iRc SITr PLANS/ DESCRIPTIVE RENDERINGS Site ID : LA030'I OA [towrcvor, it is expressly agreed aatd understood by and between the LESSOR and LRSSEU. that the met and precise location of the 1 LSSEE's E'adilitics aresubject to review and approval by the planning and/or zoning Boards having jurisdiction over die "PremNes'° Therefore, it is expressly agreed and understood by and between LESSOR and 1,FSSI?i:i that the Precise location of the 111cmiscs as drown on F.xhibit "B-I " rally be modified by the LESSEE in order to comply with and obWn necessary planning and/or zoling approvals, and ally and 4 other approvals necessary for 1 FSSIiis's intended use ofthe pt'opetty. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended 'F3xh'ihit "13-'l" (if necossary) will be provided by the LLSSPT, and autadhed to tine lease in place Of the cxis ing Nxhibit'"Y3-1", a copy of which wil9 be provided to tine LrSSOR ror review prior to being incorporated into the Agreement. See the atdarhed drawings dated 08£2V2007, idumifled as Sile. Name Jerome Park, S'ite'No nber LA03CIOA, Sheots "1 1, T-2, T-3, CS-1, C-2, A-1, A-2, A-3, .A-4, ANT-1, S-I, S ? ',S=3, 1; 1, Fi..,1, E-2, F-�3, E-d, E-5, Ih 6, F-7, oM-I, M- 2, and M-3 along with Site Surveys: LS-1 and 1,8-2 dated 09JI9J2005. US,SQR INITIALS: _. LESSEE INITIALS: zZLJ Page 24 of 103 City Council 12 — 139 3/18/2025 pl - L:i rp, MPH ICU 0 rmq (v Y I Page 25 of 103 City Council 12-140 3/18/2025 . . ........... 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Gl61 Aw e, gn «1 Rwkry f,6tiw Y sWI 9 9ti I� w I �VP ?E 2p. 1.3 ILL Q fl L , -A S, P� 9 z ir v, e Q �N 81 ff i, r 2EI 2,-� A " 2 MS is R , 2,e le iR OF ............... . Page 48 of 103 City Council 12-163 3/18/2025 LJ L lA C 1 i u Cr�yy �N A� a:q ... ...... . . Y� f' +� r1 .Two i � ry see >� t rS � K Page 49 of 103 City Council 12 — 164 3/18/2025 Page 50 of 103 City Council 12 - 165 3/18/2025 INS$A l � A-2005-291 � - WX NT ON FILE *W0119 MAY V, PROCEED LAND LEASE AGREEMENT BETWEEN CLERK OF GDUNG16 CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC. for DATE, Jerome Park This: Agreement, made this 51 day of December, 2005 between the City of Santa Ana, a chaffer city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and Orninipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEF'. 'The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Jerome Park (the entirety of LESSOR's property is rcferrix] to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 888 W. Santa Ana Blvd, Santa Ana CA, and being described as a 12' by 24'pamol containing 384 square feet and space required far cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and Wass from and to The nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right -,of -way extending from the nearest public right-of-way, to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "PreiniRes") for access being substantially as described herein in Exhibit "B" attached hereto .and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an alternative right-of-way either to LESSEE or to the public utility, subject to, LESSOR's approval of location and size of said alternative fight -of -way, at no cost to LESSEE. . 2. VEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "W' which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3, TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4, RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred dollars (!$28,800.00) to be paid invqua➢ monthly installments of two thousand four hundred dollars ($2,400.00) pear month on the first day of the month, in advance,, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall be abated until thirty (30) days after the issuance of a building permit or until twelve (12) months after the date of execution of this Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure Provisions herein, LESSEE agrees to pay a late charge equal to :six percent (6%) of the then-cunrcrt monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis, 5, ANNUAL RENTAL'INCREASES.. The rent payments shall be subject to an annual rental increase of three percent(3%) per year, to be increased on each anniversary of the Comincircement Date. 6. DEPOSIT In recognition that the Commencement Date may not occur concurreat with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon execution of this Agreement, a one-time, non -recurring, non-refuridable payment equal to one (1) mouth's rent. 7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional five-year (5) terms (each a "Renewal Tema"). Each Renewal Tenn shall be on the same terms and conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks Recreation and Community Services as follows ' : after the expiration of the original term, LESSOR reserves the right to deny any such extension, by providing no less than six (6) months prior written notice before the extended term Sine#: LA0301 Sic N.a TM'0A10Jcrbaie Park Market: Califunua Page 51 of 103 City Council 12-166 3/18/2025 ends, if the LESSOR determines, in its reasonable discretion that LESSEE's continued tenancy 'would not be in conformity with the LESSOR's intended use of its Property at such time. LESSEE may decline its option to renew at the end of the there -current term by ,giving LESSOR written notice of the intent to terminate at least thirty (30) days prior to the end of the then eurrent terns. S. GOVEPNllvl'ENTAL APPROVALS. 11 is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental. Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as 'set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "'"Pests") to determine the suitability of the Premises for LESSEE's Facilities (as defined below and in Exhibit D attached hereto) and for the purpose of preparing for the construction of LESSEE's Facilities: In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its 'intended ,purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be ef%otive upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other, 9. APPROV'AL, OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work. ,plans, which approval shall act be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the Execulive Director of the Parks, Recreation and Community .Services Agency or 'his tber designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. if LESSEE does not receive such approval or request for changes in writing within such of een (1S) working day ,period, LESSOR shall be deemed to have approved the plans. LESSOR, shall not be entitled to receive any additional consideration in exchange fur giving its approval of LESSEE's plans. tt1_ USE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio' communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain„ install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmissions lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the installation ofall improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed ar conditioned. Said approval shall be obtained from LESSOR prior to commencomicrit of any construction, alterations, modifications or improvements pursuant to Section 9 above, .and LESSEE agrees to .submit 'architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation .and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel, Notwithstanding the foregoing, once the initial improvements .are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the corornunications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make an;y substantive physical and/or aesthetic changes to the Premises without the prior approval. of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 1.3 contained herein below. LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of'said repairs can be subtracted from any deposits Site #: LA03QtOA Site Nw nc: TM01 a Jcrome Park Market: Kalif mia Page 52 of 103 City Council 12 — 167 3/18/2025 retained by LESSOR. LESSEE shall have the right to install any warning sips on or about the Premises required by federal, state or local law. LESSEE's Facilities shall be constructed and mainWried in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) bows a day, seven (7) days a week, at no charge to LESSEE, LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain. install and operate LES'SEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a mariner sufficient to allow reasonable access to the Premises by LESSOR. Except incases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the replacement of missing branches or the repainting ofLESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days, I I I A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, :successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims"'') occurring on the Premises andarising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claitris arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; i(ii) violation of law by LESSOR, its officers, agents, emplOYM, Or Contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("'Claims") occurring on the Premises and arising out of or connected with the negligenceor willful misconduct of LESSOR, its officers,, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of the. negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (in) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. fin accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to corrunencing performance of this Agreement, LESSEE, agrees to obtain and maintain croployor's liability insurance with limits not less than !$1,000,000 per accident. If LESSEE has no employees, nor workers" compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary, 13. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not Im than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit Q; (2) be primary with respect to insurance or self-insurance. programs maintained by LESSOR; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. LESSEE sball: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such oertificates for policies expiring prior to the expiration of this Agreement. 13. IWERFERENCE, LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Ptc-Existing Site f): L6,0301 OA Site Nano: TM010Joromc Pafk Market: �Ceifornia Page 53 of 103 City Council 12-168 3/18/2025 Conuminicatione') and LESSEE's Facifilics shall comply with all non-inierferenoo rules, of the Federal Communications Cornmission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may bewithheld if interference with LESSEE's transmissions, receptions, operations, Or use of frequency will result due to such use,, whether or not such interference is with LESSEE's frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. 14. REMOVAL UPON TEMUNATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within'ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to itsoriginal condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits and foundations may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property Of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove thesame, whether or not said items arc considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing mombly pro-rata basis if based upon a longer payment term, until such dine as the removal of the building, antenna structure, fixtures and all personal property are completed, Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in aasis condition. 15. RECORDING AND QUITCLAIM I)EED, If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the faun of Exhibit "17". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Propertyupon the expiration or termination of this Agreement. 16, RIGHTS UPON SALE, Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such tight -of -way. LESSOR shall obtain for the benefit of LESSEE a reasonable non -disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed Of trust confirming that LESSEE's right to quiet Possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17, QUIET ENJOYMENT, LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary and to lease Tower 2, as set forth in Paragraph 25, below, "City Business" shall include, but not be limited to the fallowing: minor maintcnance, minor landscaping, minor construction, coucessionames, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or irapatir the operation of LESSEE's Facilities. 18, TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above, M NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens On the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the fight to contest the validity, nature, or amount of any such lien but, upon the final determination of:&ucb questions, shall immediately pay any adverse judgment tendered with all proper costs and charges and have the lien released at its Siu:gLA03010A SitcNar= TNIM01crornc Park Market: California Page 54 of 103 City Council 12-169 3/18/2025 own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien, 20. MISCELLANEOUS LESSEE RESPONSIBILM , A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of NIPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe, LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the Executive Director of Parks and Recreatiom in the event such authorization is not given and repairs .are not made in one week, LESSOR may cause such repairs to be tnade including making said repairs, and/or hiring acontsultant to make said repairs. LESSOR may charge LESSEE for the cost of said services- Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof ,of payment provided that such amounts are in fact due within the said sixty (60) day pletiod. LESSEE has the right to challenge any unreasonable tax assessment, D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises.1 LESSOR '.shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. I 21. EMERGENCY USE OF SITE LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subiccl. to structural analysis, 'The City of Santa Ana is responsible for maintaining its own equipment. The space to be madeavailabic will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's, operations. The City entities will be afforded 24-hour access to its equipment at the Property, In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. Site W: 1,AO30[GA Site Name; TM010 Jerome Park Market: California Page 55 of 103 City Council 12-170 3/18/2025 23, 00SMNING LAW, This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of thrState of California, with venue in Orange County. 24. &TTORNEYS' FEES. The substwhally prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. AS,STGNMENT. i A. LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR,, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the tight to sublease or assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities. (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. B. LESSEE and LESSOR acknowledge and agree that LESSEE will in -tall facilities that will consist of two separate communications towers and equipment rooms. LESSEE fiartber agrees that LESSOR,, and not LESSEE, shall retain ownership and is responsible for the maintenonee and repair of the second'Towersnd the equipment room associated with that 'Tower ("Tower 2"), Further LESSOR shall retain the authority and absolute right to enter into a LEASE AGREEMENT with a second mobile/wireless communications provider ("LESSEE 2") to utilize Tower 2. The Lease Agreement for Tower 2, shall include a provision that prior to commencement of the Lease Agreement for Tower 2, LESSEE 2 will reimburse LESSEE for a pro rota share of the construction costs incurred by LESSEE in constructing the facilities Pro rota share is defined by the number of wireless carriers on the second Tower, 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given ifsent by certified =0, return receipt requested or by commercial courier, provided the courier's regular business is delivery .service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Executive Director Parks, Rec. & Community Services(M-23) $88 W, Santa Ana Blvd. Santa Ana, CA 927,02 Courtes-y City of Santa Ana — Office of the City Attorney Copy to 20 Civic Center Phtza (M-29) P.O. Box 1988 Santa Ana, California 92702 LESSEE. T-Mobile USA, JuQ. 12920 SE 38"' Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Attm Legal Dept, Copy to-. OMNIPOINT COMMUNICATIONS INC., a subsidiary ofT-Mobile USA, Inc. (Site#*. LAG3010A) 3 Imperial Promenade, Suite 11100 Santa Ana, CA 92707 Attn: Lease Adrninustration Manager Notice shall be effective upon mailing or dehvering the sainu to a commercial courier, as permitted above. Site 4; LA03010A Site ite Namc; TMD 10 Jco.ne Park Mark& califomia Page 56 of 103 City Council 12-171 3/18/2025 27. ' SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors,, administrators and assigns of the Parties harelo. 28. RELOCATION RIGHT A, Anytime after the expiration of the original term, LESSOR shall have the one-time right, upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within the Property, if availablc provided however, that such relocation shall (1) be at LESSOR's sole cost and expense, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated :as required, in the sole discretion of LESSEE, to operate and maintain LESSEE's Facilities. & LESSOR shall exercise its relocation right under .subsection A above by (and only by) delivering written notice (the "Notice'") to LESSEE. In the Notice, LESSOR shall propose an alternate '.site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If LESSEE disapproves such relocation :site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have a period of not less than twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site, LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the term and conditions of this Agreement, C. Should the parties fail to agree onasuitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment should the Premises; be needed for a governmental purpose. 29. DEFATJL . In the event there is a default by either party with respect to Of the Provisions of this Agreement or its obligations under it, including the payment of rent, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fiftean (15) days, in which to cure any monetary default and thirty (30) days in which to cure any non -monetary default, provided the defaulting party shall have such extended period as may be required beyond the thi V (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit 310. FNVIR6NMENTAL. A. LESSEE shall not bring any Hazardous Materrials onto the Prermscs/Property, except for those contained in its back-up power batteries and corturron materials used in telecommunications operations, "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petrolcum, and asbestos. LESSEE will treat .and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with MI federal, state and local laws and regulations, Sftc#LA030'10A Site Na= 7W 10 Jerorw Park Market: COifornia Page 57 of 103 City Council 12-172 3/18/2025 B, LESSOR will be responsible for all obligations of compliance with any and all environmental and industriall hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related i to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelinm, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (H) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31, CASQALTY, In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (610) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty 1(60) days, then LESSEE may at .any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and elfbet as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of sucb termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of Use. 32, CONDEMNATION, tn the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any conderrmation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of Ibis Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. mi—JaWIS90-N—OF LEAST. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the fail execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding .any compliance requiredby LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party :shall :survive any termination or expiration of this Agreement. Additions any provisions of this Agreement, which requireperformance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36, CAPTIONS. The captions contained in this Agreement arc inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the constmetron or interpretation of the Agreement. Site #: LA03t110A silcwairnc: Tmelohromc Park Market: Califamia Page 58 of 103 City Council 12-173 3/18/2025 37, PROPERTY SPECIFIC AggESS RULESIREGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D,:Wtt=hCd hereto, as the same may be changed from time to fime upon reasonable notice to LESSEE, 'These ittles and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the erijoymentof the Premises and Property by both parties hereto. 38. E9WERING DOWN DURING MAINTENANCE / REPAIR (Not applicable to lice-standing/independent Communications Facilities), LESSEE agrees that during all maintenance: on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing The National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel used upon standards promulgated by a goverturiental authority having jurisdiction over LESEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The carlicst practicable notice will be given to LESEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination- If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE"s operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE -ball immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use asset forth in this Agreement presents a material risk to the public health or safety and that LESSEE must ceaseall operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE, I B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, conisents, casements, non -disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any govenunental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement or (iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to LESSOR, or (iv) the Property or LESSEE's Facilities are, or become, unacceptable under LESSEE's design or engineering specifications for LESSEE's Facilities or the communications system to which LESSEE's Facilities belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (6) above or (v):above as the result of LESSOR's default. IC. I Termination by LESSOR- LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached ExhibitslAttachmenti) after giving written notice to LESSEE and reasonable time to cure as set forth in Section, 29, 01111111111111112im 1111FM I *9111110DOMM 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 each party shall indemnify the other fully, including reasonable costs and attorneys fees, for any injuricsor damages incurred in the event that such authority or power is not, in fact, held by the signatory Or ins withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in The body of this Agreement, C, LESSOR shall not have unsupervised acvcss to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. Site;#: LA03010A Site None: TMWOJerorno Park Market Cahforftia Page 59 of 103 City Council 12-174 3/18/2025 D7 LESSEE shall be permitted to trim the trees on the Property to the extent necessary for the operation of LESSEE's Facilities, provided that (i) any tree trimming work shall be performed only under the supervision of a licensed arborist, (ii) LESSEE notifies LESSOR in writing at least ten (10) days in advance of its intent to trim trees, and the Executive Director of Parks .and Recreation or his designee approves in writing any proposed trimming, (Hi) LESSEE agrees to trial any additional trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost, LESSOR reserves the right to reasonably deny any request to trim trees, Sloe ff: LAM I OrA S6ita N+lama� TMOtO jcro Me Park Market Galifomia Page 60 of 103 City Council 12 — 175 3/18/2025 IN WITNESS WHEREOF, the parties hereto'have executed this Agreement the date and year first above written. ATTEST: WACIA E. Ht)EALY Clerkofthr Council APPROVED AS fO FORM: JOSEPH W. PLETCHER City Attorney By. LA SM-DY Assistant s. tant y Attorne CITY OF SANTA4NA City Manager LESSEE.- OMNIPOINT CO UNICATI IONS INC., r, " " USA, subsidiary T- o fle USA, Inc. By: j Printed Nune: N Its: Aim a VD'c t, B n '47 Date: Y4 & Silcfl: LA03010A SitcNam; TMOlUcroanc Park Market: California Page 61 of 103 City Council 12-176 3/18/2025 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 1109,050-30 All that certain real property lo6ated in the County of Orange, State of California, being more particularly described as follows: LOTS 31 AND 32 OF RE —PLAT' OF SANTA ANA ACRES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, AT PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTING 'THAT PORTION AS GRANTED TO ORANGECOUNTY FLOOD CONTROL DTSTRTCT IN DEED RECORDED IN BOOK 11167, PAGE 340, OFFICIAL RECORDS. End of Legal Description LESSOR INMAL& LESSEF INITIALS. =I, S i be 9: LA0301 OA 12 Site Narm; TMOID Jerome Park Market: California Page 62 of 103 City Council 12-177 3/18/2025 EXHMITB LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DFSCREPnVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location. of the Premises as shown an Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the [mil engineering design, An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit"13", a copy of which will be provided to the LESSOR for review prior to being imorporated into the Agreement. See the attached drawings dated 2J6106, identified as Site Name Jerome Park, Site Number LA030110-A, Sheets T-1, LS-L, LS-2, C-1, C-2, A-1, and A-2. LESSOR MT1ALS: LESSEE INITIALS: Sited' LA03010A 11 Sitc No me TMO W Jerww Park Marka: California Page 63 of 103 City Council 12-178 3/18/2025 ExHiBrr c ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds') with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 1 This insurance applies separately to each insured against whom ,claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. ,4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 210 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement farm as a part of Policy 4 Issued to Named Insured Countersigned by Authorized Representative Site H: LA03010A 14 ShoName: TNIGIOJetome Park Market: Califoma I Page 64 of 103 City Council 12-179 3/18/2025 EXMBIT D PROPERTY SPECIF If ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which inay include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking ition-site, parking, gates, etc. 4. For purposes of describing the Premises and LESSEE Facilities only, LESSEE is constructing two, wireless/mobile communications towers :and the equipment rooms necessary for each of the two towers. LESSEE is leasing a portion of the Property to construct Tower I and its equipment room for its own purposes (as depicted In Exhibit B and referred to in the Agreement as the Premises). LESSOR reserves that portion of the Property upon which Tower 2 and its equipment room are located which shall not be part of the Premises or LESSEES Facilities. LESSOR retains the right to lease the reserved tower and equipment room to 'a second communications provider as set forth in Paragraph 25 in said LEASE. Silc#: !LA03010A B Site Nn=7 TN40 10 icrome Park Marken CWifcmia Page 65 of 103 City Council 12-180 3/18/2025 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: 1. Ron Ono 2. Mike Lopez Address: 20 Civic Center Plaza M-23, Santa Ana, CA 92702 Daytime Phone No'.: Ron: (714) 571-4220 Mike: (714) 571-4212 Facsimile No.: (714) 571-4209 24-Hour Contact Ron: Cell (714) 23,1-6116 No.: Mike. Cell (714) 231-6112 Dispatch Center: N/A LESSEE'S TECIiNICAL CONTACTS: Name: 1. Mehmet Oznar 2. Danny Bazerman Address: 3 hnperi,al Promenade, Ste. 1100, Santa Ana, CA 92707 Daytime Phone No.: (714) 850-2403 Facsimile No.: ' (714) 850-6620 24-Hour Contact N.O.C. (888) 662-4662 No.: Dispateh,Center: N.OE. (888) 662-41662 Sitc#: LA10301DA 16 SaNarrz: TMOlUcrome Park Market Califonica Page 66 of 103 City Council 12-181 3/18/2025 EXHIBIT A 2 W.10 ol M R, M THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2005 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (""Lessor"),and 'Omnipoint Communications Inc., a subsidiary of T-Mobille USA, Inc., a Delaware corporation ("'Lessee"). 061muk1:61:6 That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor portion of that certain real property (the "Property") in the State of'California, County of Orange, City of Santa Ana commonly known as Jerome Park, 888 West Santa Ana Blvd., Santa Ana, CA, 92702, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the term-, and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 2005, and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: City of Santa Ana By:_ 'Title: Address �[FORM DOCUMENT, PLEASE INITIAL ONLY - N07 FOR EXECUTION] Owner Initials Lessee Initials SU C LA03010A 17 3A:Namc: TMOIOJcror� Park lMwirkuL CafifDmiu Page 67 of 103 City Council 12-182 3/18/2025 EXHIBIT C Legal Description and Survey of the Premises PROPERTY OWNER THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PROPERTY ADDRESS 2115 W. McFadden Avenue, Santa Ana, CA 92704 PARCEL NUMBER 109-050-30 TOWER LICENSE 1 A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0035'17" EAST, 42.00 FEET; THENCE NORTH 003 5'17" EAST, 491.60 FEET; THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89024'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER; THENCE ALONG THE WESTERLY LINE OF SAID SHELTER NORTH 0035' 17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF SAID SHELTER; THENCE DEPARTING THE WESTERLY LINE OF SAID SHELTER NORTH 2041'45" EAST, 0.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89024'43" WEST, 7.07 FEET; THENCE NORTH 003 5'17" EAST, 7.07 FEET; THENCE SOUTH 89024'43" EAST, 7.07 FEET; THENCE SOUTH 0035' 17" WEST, 7.07 FEET TO THE TRUE POINT OF BEGINNING. Page 68 of 103 City Council 12 — 183 3/18/2025 TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OF- WAY. CONTAINING 50 SQUARE FEET, OR 0.0011 ACRES, MORE OR LESS. • �h ' CITY OF SANTA ANA, FINANCE & ACCOUNTING P.O. BOX 1988 SANTA ANA, CALIFORNIA 92703 TOWER LICENSE 2 A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0035'17" EAST, 42.00 FEET; THENCE NORTH 003 5'17" EAST, 491.60 FEET; THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89024'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER; THENCE ALONG THE WESTERLY LINE OF THE EXISTING EQUIPMENT SHELTER NORTH 0035' 17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER; THENCE DEPARTING THE WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SHELTER SOUTH 89024-43" EAST, 12.00 FEET TO THE NORTHEAST CORNER OF SAID SHELTER; THENCE DEPARTING THE NORTHERLY LINE OF SAID SHELTER NORTH 51 °26'04" WEST, 1.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 003 5'17" EAST, 7.07 FEET; THENCE SOUTH 89024'43" EAST, 7.07 FEET; Page 69 of 103 City Council 12 — 184 3/18/2025 THENCE SOUTH 0035'17" WEST, 7.07 FEET; THENCE NORTH 89024'43" WEST, 7.07 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OF- WAY. CONTAINING 50 SQUARE FEET, OR 0.0011 ACRES, MORE OR LESS. • �h ' CITY OF SANTA ANA, FINANCE & ACCOUNTING P.O. BOX 1988 SANTA ANA, CALIFORNIA 92703 FIRST ADDITIONAL PREMISES LICENSE A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0035'17" EAST, 42.00 FEET; THENCE NORTH 003 5'17" EAST, 491.60 FEET; THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89024'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER, THE TRUE POINT OF BEGINNING; THENCE SOUTH 0035'17" WEST, 9.00 FEET; THENCE NORTH 89024'43" WEST, 7.33 FEET; THENCE NORTH 003 5'17" EAST, 9.00 FEET; THENCE SOUTH 89024'43" EAST, 7.33 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR Page 70 of 103 City Council 12 — 185 3/18/2025 UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OF- WAY. CONTAINING 66 SQUARE FEET, OR 0. 00 15 ACRES, MORE OR LESS. OWNER: CITY OF SANTA ANA, FINANCE & ACCOUNTING P.O. BOX 1988 SANTA ANA, CALIFORNIA 92703 EQUIPMENT LEASE A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0035'17" EAST, 42.00 FEET; THENCE NORTH 003 5'17" EAST, 491.60 FEET; THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89024'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER, THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID SHELTER NORTH 003 5'17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER; THENCE DEPARTING THE WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SHELTER SOUTH 89024-43" EAST, 12.00 FEET TO THE NORTHEAST CORNER OF SAID SHELTER; THENCE DEPARTING THE NORTHERLY LINE AND ALONG THE EASTERLY LINE OF SAID SHELTER SOUTH 0035'17" WEST, 24.00 FEET TO THE SOUTHEAST CORNER OF SAID SHELTER; THENCE DEPARTING THE EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID SHELTER NORTH 89024-43" WEST, 12.00 FEET TO THE TRUE POINT OF BEGINNING. Page 71 of 103 City Council 12 — 186 3/18/2025 TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OF- WAY. CONTAINING 288 SQUARE FEET, OR 0.0066 ACRES, MORE OR LESS. OWNER: CITY OF SANTA ANA, FINANCE & ACCOUNTING P.O. BOX 1988 SANTA ANA, CALIFORNIA 92703 [Land Survey Follows] Page 72 of 103 City Council 12 — 187 3/18/2025 MIE �I w > -jf (.0 > LLJ 0 Z, Lac. OC) C� yj < x Lu 00 CD Fri" N Tp. NIB I El 0, Fi Page 73 of 103 City Council 12-188 3/18/2025 ME Z 4 . .............. ........... . . . . ................... b4 We c i, t L'A:i c, �t64qyd') E, t7 t Page 74 of 103 City Council 12-189 3/18/2025 Page 75 of 103 City Council 12 — 190 3/18/2025 83m. JED II 71 '( . ....... . . . .. ... . ....... . .... - �7 Page 76 of 103 City Council 12-191 3/18/2025 City Council 12-191 3/18/2025 IUI b, g LtY i' -7 . . . . . . .•. .. . ..... ... ...... . .. .... Page 77 of 103 City Council 12-192 3/18/2025 City Council 12-192 3/18/2025 Page 78 of 103 City Council 12 — 193 3/18/2025 EXHIBIT D Licensee's Facilities THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS: Page 79 of 103 City Council 12 — 194 3/18/2025 r Aft I Page 80 of 103 City Council 12-195 3/18/2025 Page 81 of 103 City Council 12 — 196 3/18/2025 Page 82 of 103 City Council 12-197 3/18/2025 MCIW ;��i " 5 ly � p � F 1j rm fl. � I 7 � y------------ I � s >s Page 83 of 103 City Council 12 — 198 3/18/2025 �-' � ,,fiyye yy y■ y■�, M.. _. �L � Mr�i ~ 1AR 3 Page 84 of 103 City Council 12 — 199 3/18/2025 13, rA Om SI '7- or I Page 85 of 103 City Council 12-200 3/18/2025 L L p 01, 11 11111 g ........................ . ... . ..... . ..... 1� U R�16 11 11 Page 86 of 103 City Council 12-201 3/18/2025 MCIG Page 87 of 103 City Council 12 — 202 3/18/2025 Page 87 of 103 City Council 12 — 202 3/18/2025 rA oil rp g Ta Page 88 of 103 City Council 12-203 3/18/2025 MIN 1 11 . M .. . Page 89 of 103 City Council 12 — 204 3/18/2025 tiNrA 0 'A 57 Page 90 of 103 City Council 12-205 3/18/2025 W Page 91 of 103 City Council 12 — 206 3/18/2025 R? A 4, J g 1IM111111111111 M11:11111 MINIMUM IN Page 92 of 103 City Council 12-207 3/18/2025 MCI 'T" U T io, L p z 9 Page 93 of 103 City Council 12-208 3/18/2025 MCI t, F 11 4 D WIN 11 P 75 Page 94 of 103 City Council 12-209 3/18/2025 MCI T, rM, Li ce y Page 95 of 103 City Council 12-210 3/18/2025 Page 96 of 103 City Council 12 — 211 3/18/2025 II I I t! ti V g V1 t, Fu-,A p �,vii k Mifffg,�OOA g 0 i darR 9, A t. i I w � A vt k: E k I L k V 9 P 2 1 r; 4 1 111 Erear �1 MCI r 04qpp I I Page 97 of 103 City Council 12-212 3/18/2025 MCI rj?% Om zuyy q k 0 CL 03 d � t 0 C: V R m all 014 R, h? Nho �Nmt, F11 Ali t Cox) 9 00.0011** #WNW Page 98 of 103 City Council 12-213 3/18/2025 z a A'a V9 va g MECGp E TP8 - 12 15 61 i Ell Ow i r - t -ta im tit jj Page 99 of 103 City Council 12-214 3/18/2025 T HE JA 19 k 5: iz, 2 Page 100 of 103 City Council 12-215 3/18/2025 � � v Page 101 of 103 City Council 12 — 216 3/18/2025 EXHIBIT E Minimum Scope and Limit of Insurance LICENSEE shall carry and maintain for the duration of the Agreement 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 performed by LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this proj ect/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles). 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. Other Insurance Provisions The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status LICENSOR, 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 LICENSEE 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 LICENSEE's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, LICENSEE's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE's insurance and shall not contribute with it. Page 102 of 103 City Council 12 — 217 3/18/2025 Notice of Cancellation Each insurance policy required above shall provide that coverage shall provide thirty (30) days' prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR. Waiver of Subrogation LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE 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 LICENSOR. 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 AXII, unless otherwise acceptable to LICENSOR. Verification of Coverage LICENSEE shall furnish LICENSOR 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 LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE 's obligation to provide them. LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location. Special Risks or Circumstances LICENSOR reserves the right to modify these requirements once per renewal term period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. Page 103 of 103 City Council 12 — 218 3/18/2025 EXHIBIT 4 GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NCWPCS MPL 30 — YEAR SITES TOWER HOLDINGS LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT SANTA ANA STADIUM This Ground License Agreement ("Agreement") made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as "LICENSOR" and NCWPCS MPL 30 — YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact, hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties." A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement. 1. PROPERTY. LICENSOR is the owner of that certain real property located at 951 W 61' Street, Santa Ana, CA 92703, commonly known as Santa Ana Stadium (the entirety of LICENSOR's property is referred to hereinafter as the "Property" and a legal description of the Property is attached hereto as Exhibit A). 2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 845344 and being described as approximately nine hundred twenty-three (923) square feet for LICENSEE's wireless telecommunications facilities as defined in Section 11 of this Agreement, which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only). The licensed area of the Property, referred to hereinafter as the "Premises," is substantially described in Exhibit C attached hereto and incorporated fully. 3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below), this Agreement shall replace and supersede any prior lease agreement or license agreement (the "Original Agreement") between the Parties. 4. TERM. The Effective Date of this Agreement shall be April 1, 2025, and shall remain in effect for a period of ten (10) years (the "Initial Term"). 5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") (the Initial Term and each Renewal Term are collectively referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows: Page 1 of 67 City Council 12 — 219 3/18/2025 A. If LICENSOR, in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in conformity with LICENSOR's intended use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term. B. Thereafter, each subsequent renewal shall be subject to the following procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then -current term. Within sixty (60) days of receipt of LICENSEE's notice, LICENSOR shall determine whether such extension is in LICENSOR's best interest and, if not in LICENSOR's best interest, LICENSOR may deny such extension request, at its sole discretion. C. In the absence of a Renewal Term, the Agreement shall continue on a month -to - month basis. The License Fee for these month -to -month periods will be the amount of the last month Renewal Term License Fee plus four percent (4.0%), and subject to a Holding Over Fee as described in Section 6 below. 6. HOLDING OVER. Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent (18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase. 7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requiring approval including assignments and sublicenses, including colocations, require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement. 8. LICENSE FEES. A. The License Fee for the first year shall be an annual amount of Twenty -Eight Thousand, Eight Hundred and 00/100 Dollars ($28,800.00) based on a monthly amount of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date. B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure Page 2 of 67 City Council 12 — 220 3/18/2025 provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee. C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, including without limitation those by the City acting in its regulatory authority (collectively the "Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE's Facilities (described in Exhibit B), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. Page 3 of 67 City Council 12 — 221 3/18/2025 II. USE/MAINTENANCE. A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LICENSEE's Facilities") as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. All improvements shall be at LICENSEE's sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings ("Plans") and artistic renderings of the equipment to be installed. B. LICENSEE agrees that the installation and maintenance of LICENSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE's Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises. C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein. D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said services and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. E. LICENSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises Page 4 of 67 City Council 12 — 222 3/18/2025 twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions. I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Page 5 of 67 City Council 12 — 223 3/18/2025 Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Agreement. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods. K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to take all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE's period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. 12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises. 13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Page 6 of 67 City Council 12 — 224 3/18/2025 Premises. 14. HAZARDOUS MATERIALS. A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved May18- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit. C. LICENSEE acknowledges that (1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has Page 7 of 67 City Council 12 — 225 3/18/2025 reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement. D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators, are allowed. E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub -surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods. F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all Hazardous Substances placed by LICENSEE on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE. LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property. LICENSEE shall not be responsible for or bear the cost of removal or disposal of Page 8 of 67 City Council 12 — 226 3/18/2025 hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises. H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR's directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE's use of the Premises. L Breach of any of the covenants, terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE's operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by LICENSEE during LICENSEE's period of use and possession of the Premises. Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances. 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E. 17. INTERFERENCE. A. LICENSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Page 9 of 67 City Council 12 — 227 3/18/2025 Agreement was fully executed ("Pre -Existing Communications"), or public safety communications operations, as may be upgraded periodically, and LICENSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE's use of the Premises or encroaches upon the Premises. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LICENSEE's consent may be withheld if interference with LICENSEE's transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions. In the event of any interference with LICENSOR's public safety communications operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE's Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference. If LICENSEE's Facilities interfere with LICENSOR's public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE's Facilities. LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR's public safety communications operations caused by LICENSEE's Facilities. 18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LICENSOR's sole option. 19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Page 10 of 67 City Council 12 — 228 3/18/2025 Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City -sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE's Facilities. 20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LICENSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LICENSOR's title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above. 21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. Page 11 of 67 City Council 12 — 229 3/18/2025 B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement ("Tower License Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE's communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LICENSEE, if available at the Premises. 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. Page 12 of 67 City Council 12 — 230 3/18/2025 26. ATTORNEY' S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR' S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement, to any of LICENSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LICENSEE's property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty (30) days prior to any assignment. No Administrative Fee is required for assignments between parties listed in (i-iii) above. 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for colocation on telecommunications tower facilities and will reasonably facilitate any colocation subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE. A. LICENSEE — COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction, with a future tower colocation user who wishes to collocate/sublease space on LICENSEE's tower, subject to: 1) LICENSOR shall receive fee of fifty percent (50%) of the Tower Rent, as defined below, received by LICENSEE (the "Additional License Fee"). a. LICENSEE is required to self -report to LICENSOR when their Tower Rent from any source increases. b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE's sublicensee rent obligations for the cellular tower ("Tower Rent") that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE's receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement. c. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty (60) days, or such business summary is not Page 13 of 67 City Council 12 — 231 3/18/2025 satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have the right to: Upon reasonable notice, review LICENSEE's records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE; ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE's books and records related to the Tower Rent to verify the accuracy of the reported amounts. d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for information and access to records in connection with the verification of the Additional License Fee. 2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original LICENSEE Agreement. 4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below: Additional Space Required Amount due Licensor per Month Up to 100 ft2 $400.00 100 to 200 ft2 $600.00 200 to 300 ft2 $900.00 Over 300 ft2 $1,250.00 The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date of the Amendment to the Agreement. B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation non-refundable Page 14 of 67 City Council 12 — 232 3/18/2025 additional payment shall be required. 29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows: LICENSOR: City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 With Copies To: Public Works Agency 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 LICENSEE: NCWPCS MPL 30 — Year Sites Tower Holdings LLC Legal Department Attn: Network Legal 208 S. Akard Street Dallas, TX 75202-4206 With Copies To: CCATT LLC Attn: Legal — Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 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. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, Page 15 of 67 City Council 12 — 233 3/18/2025 successors, administrators and permitted assigns of the Parties hereto. 31. RELOCATION RIGHT. A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and re -installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter, the quality of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LICENSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE's Facilities. B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the "Notice") to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE's Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR's proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the "Relocation Site." LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site. Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Page 16 of 67 City Council 12 — 234 3/18/2025 32. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than sixty (60) days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use. 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. Page 17 of 67 City Council 12 — 235 3/18/2025 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TERMINATION. A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE's operations that LICENSEE's use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non -appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days' notice to LICENSEE. B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if (i) LICENSEE does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "Approvals") reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above. C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR. 39. 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 the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn. Page 18 of 67 City Council 12 — 236 3/18/2025 B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows] Page 19 of 67 City Council 12 — 237 3/18/2025 SIGNATURE PAC'E FOR (M(UNH) LICENSE CITY OFSANTA ANA AND NCW11CS MPL 30 -- WAR SITESTMVER HOLDINGS U.C' FOR WIRELESS IMAXA)MMUNIC"ATIONS FACILYFIES ATSANTA ANA STADIUM IN %qTN ESS W I I FR EOF', the parties herctt,) have exec acd this Agreement the date and ywr firstabove written. Jennillor I.. I fall C h yf Um-k AIPPROVED ASTO, FORIVI SONIA R, CARVAI-l-K) Chy AHorney ley : - .. ........ - - -- - -------------------- -- ----- ------------------- "��w"randon, SalvaGerra EMPWY Coy Powmey REC()MMENDED F(M Al"IRROVAL Digitally signed by ;1a Na!:: bil Saba 0225.03.03 171527 0810' Ahlbil Saba Executive Direcum- I'LlbliC Works Agowy OFSANT'A ANA Alvaro Ntiew City NAMMgm. JACENSEE N(,'WI)CS MPL 30 -- Year Sites 0wer HokiNgs LLC, a Delaware limited liability c(inipany By� LLC', as Delawarc lin'lited fial-,)i1ily Company Its Atlorney In Fact By Na Tit Da Page 20 of 67 CAN, Council 12-238 3/1 W2025 EXHIBIT A Legal Description of the Property GILDMACHERS ADD LOT 9 AND LOTS 10 TO 12 INC AND CONSTANTINES ADD LOTS 11 TO 15 INC -INC ALLEY ADJ-AND GROUARDS ADD ALL LOT 1 -INC POR ST ADJ- AND LOTS 2 TO 11 INC AND IRREG LOT IN SEC 12 T 5 R 10 TR 291 Page 21 of 67 City Council 12 — 239 3/18/2025 EXHIBIT B Original Agreement 100 STAIN UMLFASE Ble,71-NNTEN TIM CITY OF SANTA ANA AND AB CFI LUILAR HOLDING, LLC (AT&T) 111,andlojd". City of&nta Ana, a charter city and municipal corporation of the State of California. "Tenant", AB Cellular HWding, LLC a mlawarc limited liability company, dtia AT&T Wireless Services "Landlord's Property": The PtoPCItY as described in Exhibit "A. L" 1L;Aat. The Effective Date hereof shall be 2001. As of such Effective Date, Landlord leases a Portion Of landlord's Property to 'renant, referred to in this Lease as the "Prentises", and more particularly described below:: WARK APPLICABLE PARAGRAPIISj (a) peal property comprised of parcels measuring approximately ---- "" square feet and ineasuritig approximately . ..... square feet, as defined and depicted an Fxhibit "A-2-; I (b) Building -interior $Pace comprised of approximarely ___,square few and known as auitejiloom� . ..... _ Or (described) located at: (address) C (c) Building exterior (including roof top) space as required for antenna SupportstniCtLIMS and attachment of antennas andlor microwave dishes: Together with a grant by Laudlu[ d to Tenant of a noll-exclusive underground license ("'Liccmsc") to establish utility Connections to an&Or between Tenant's equipment and antenna installations situated substantially as shown on Exhibit "A-2" and with a grant by Landlord to Tenant of.a revocable, non-exclusive right to access the Landlord's Property and dl-' Premises, 0,xcePt as provided in Paragraph 16, herein below, 7days a week, 24 hours a day for the puqpose Of Tenant's use as described in Paragraph 5 herein Wow; and (ii) to install, ruaintain, replace and repair, from time to time, all necessary cables, conduits and pipes from the Premises to the nearest appropriate utility connections subject to the notice provision outlined in Paragraph 17 herein below. Tenant shall be allowed to install and maintain a temporary power source at 211 appropriate location within Landlord's Property AT&T C-840 (Downtown Santa,Ana) as , approved by Landlord. Tenant may occasionally park its vehicles on Landlord's Property "Vilen d1lenant is installing, removing or servicing its Communications Facility. Upon signing of this Lease by the parties, Tenant shall have tile right to survey and test the Landlord's Property. 2, LcrLn. Tell (10) years beginning on the FffeeLive Date. Prior to expiration of the Lease, Tenant shall mmoveall improvements and restore the property and Premises to its origillal condition, excepting normal wear and tear. Upon expiration Of the Lt-fte5e, Tenant shall surrender Possession of the Premises and property to the Landlord- 3, Extcnsiorvs. Tenant is granted Options to exten d this Lease far up to two (2) additional five (5) year periods by giving Landlord written notice at least 90 days before the term or extended term ends. Prior to the commencement ,of each extension period, Tenant shall resubmit its plans for the Communications Facility to the Planning and Building Agency of the City Of w, 'tY Santa Ana for rcvir approval and conform with all existing local laws and regulations, However, Landlord reserves the light to deny such extensions by giving Tenant written notice no less than six (6) montit s Wore the left" of extended terns ends, if the Landlord decides in its reasonable discretion that Tenant's continued tenancy would be not be in conformity with the Landlord's intended use of its Property at such time. 4, gegi, Annual Rent for the premises shall be 1-.0urfecriThousand Four Hundred and 001100 I>ollars ($14,400) payable in one annual payment, or equal monthly instRllnlents, in advance, on the first day of each calendar month during the Term (including a prorated portion for an initial partial mouth, if any, and excluding a prorated portion for the last partial month, if azry). The rent payments shall be subject to an annual rent increase of 3% per year. Annual Rent shall be fully abated until construction is comme aced by Tenant or, until four (4) months after the Effective Date, whichever occurs first. Tri the event this Lease is terminated pursuant to Paragraph 6 (or is Otherwise terminated early in accordance with the terms and condition beroot), Page I of 8 Final 'Stadium Lease Agreement Page 22 of 67 City Council 12-240 3/18/2025 then any portions of any Annual Rent Payinents covering any post -termination oincl7rame(s) shall be imnw4iately refunded tu'renant by Landlord within thirty (30) days from the date of' termination of the Lease. 5. pLq gf pre , Tenant may asc die Premises for its intended purpose, which is W construct, maj nta4i,,secure and operate a wireless telecommunications cell facility ("Communications Facility") an equipment enclosure, required antennas and antenna support structures (as such Conununications Facility may be modified, added to Or substituted from time to time). The Gonimunications Facility, including all antennas anal antenna support structures, may be, oonligured as required by Tenant from Wile to time, provided that Tenant obtains all permits and approvals required by applicable jurisdictions for such required configuration. Improvement of the Premises and License, including all costs of installation, operation and maintenance of the Corns unications Facility, to meet Tenant's needs shall be atTenant'; sole expense, in exercising the rights conferred by the Lease, Tenant shall maintain the Premises in a near, clean, sanitary and safe condition, must use reasonable care and may not unreasonably increase the burden on the Property. Tmant agrees that the installation and maintenance of a Comniumeations Facility on the Property of the Landlord on which it is installed shall be efficeted with all reasonable diligence and precaution to avoid damage to the land, property Of Personnel. Additionally, the Communication Facility shall be rmintained in a manner that is consistent with the approved plans for the Pn)ject and Tenant shall cornply with all conditions and requiremcats from the Development Review Cormnittec of the City of Santa Ana for this Development Project (DP No. In the event that maintenance is required, such as, but not limited to the replacement of missing branches or the repainting of the facility, such maintenance must he completed within 14 working days. Landlord shall not be held responsible for loss of or damage to'Tenant's Improvements on the Property. Teikint's ability to, rise the PTeraiies is depoundent upon Tcnarifs obtainingall of the certificates, permits, and other approvals which may be required from any federal, state or local authority and any non - disturbance agreements and access rights which Tenant requires from any third parties (collectively, "Approvals"), Landlord shall cooperate with Tenant proposed uses. Tenant AT&I'C-840 (Downtown Santa Ana) may not use the Premises or Property for any other purpose or business, other than its intcu&d Purpose as hereinabove stated without obtaining the 1,jrIdlord's prior written consent. 6, j;rnjiq&tjU. Ifany application by Tenant for any Approval is finally denied or rejected, or if any Approval is canceled, expires, lapses or is otherwise withdrawn or terminated, or if, due to technological changes or for any other reason. Tenant, in its sole discretion, determines that it will be unable to use the Premises for Tenant's intended purposes, then Tenant shall have the right to immediately terminate this Lease. 'Tenant Khali notify Landlord, in wtiting, of Tenalrit,s exercise or its right to terminate this I ease, and this Lease shall terminate after all Improvements to the Property and Premises have been tet'noved and the Property and Premises have been restored to its original condition, excepting nonnal we -at and rear, provided however, Tenant shall have only 60 days from the date of written notification of its decision to exercise its termination rights, to removal all sucil Improvements and restore the Property and Premises to its original condition. Termination shall relieve both parties of any further obligations under this Lease, although each shall continue to have its remedies for any breach of a lease obligation, which occurred prim to the date of termination. The parties agree that Paragraphs 7, 8, 9 and 10 shall continue to apply until Tenant has completed its removal of personal property and fixtures and restoration of the Premises. No refund for cost of Improvements will be due to Tenant by Landlord at any time. 7. insurance Tenant shall provide Landlord satisfactory evidence of personal property insurance in an amount sufficient to fully protest all personal property owned or controlled by ,I*cnant from theft, fire, or other loss or damage while upon the Premises. Tenant shall also maintain commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insuranceshall (1) include die City of Santa Ana, its Offims, Agcntb,Vjjq5loyees,=d volunteers as additional insureds; (2) be Primary with respect to insurance or self-insurance* Programs maintained by the Landlord, and (3) contain standard separation of insureds provisions. Tenant shall (i) fianish property executed cerfificates of insurance in the Landlord prior to exercising its rights under this Lease, which certificates shall 'Clearly evidence all coverages required above Page 2 of & ]Final - Stadium Lease Agreement Page 23 of 67 City Council 12-241 3/18/2025 and provide that such insurance shall not be materially changed or terminated except on'10 days prior written notice to the Landlord, (ii) attach completed and signed copy of an "Additional Insured Endomemenc, form to the certificates of insurance'noted above, (iii) maintain such insurntice from the tit"Je the Project filst commenuea instil eampLekon of the Project under this Lease; and (iv) replace such certificates fbf polices expiring prior to the termination of this Lease, m Waivers. Tenant waive-11 claims against Landlord, its officeri, agents, employees, and volunteers for any injury or death to any person, damage to property, or loss of use of any property or loss toTenant's business caused by or from Tenant's use, maintenance or occupancy of the Premises, or by or Fromm any rights conferred under this [,,ease to Tenant; excepting the willful misconduct or sole negligence of Landlord, its officers, agents, employees and volunteers. All policies of insurance obtained by either party pursuant to Paragraph 7 of this Lease shall waive the insured's rights of subrogation against the other party. J. Utilities. Tenant shall be responsible directly to the serving entities far all. utilities required by Tenant for its use of the Prcnli$es. Tenant will install an electric meter and the cost of electricity used by'Tenant shal I be paid by Tenant directly to'Southern California Edison. 1'0. IndeMnities. Tenant agrees to indemnify, defend (with counsel satisfactory to Landlord) and hold hartriless Landlord, its officers, agents, employees and volunteers' from and against any and all claims (including any radio frequency and electromagnetic fields radiation related claims), losses, liabilities, costs, expenses, loss or darnage to property and for injuries to or death of any person when arising our of or, in any way, resulting from: (i) the use of the Pruiniscs and License by Texiturt at its agents; (ii) any breach or default in the performance of any obligation on "renants part to be performed under the terms of the Lease; or (iii) any occurrence in, upon, or at the premises and License or on account of the use, condition or occupancy of the Premises and License, excepting willful misconduct or Sole negligence of Landlord, its officers, agents, employees and volunteers. The obligations of Section 10 of this Lease shall survive the tenni nation of this Lease with respect to any AT&T C-M (Downtown Santa Ana) damage, injury or death oCeorring prior to teraiingtion or expiration of this Agreement, I I 1glagLpqfUlts. The occurrence of any one or more of the following events shall constitute an "Event of Default" by Tetlant. (a) The failure by Terrant to Ina ke any payments of rent or any other payment required to be made by Tenant, as and when due, where such failure shall continue for a period of 10 days after written notice is received by Tenant from Landlord. (b) The failure by Tenant to observe or perform any of the covenants Or provisions of this, Lease to be observed or performed by Tenant, other than as specified in Paragraph 11(a), where such failure shall continue for a period of 30 days after written notice is received by Tenant from Landlord, provided, however, that it shall not be deemed an Event of Default by Tenant if Tenant shall coramcnce to cure such failure within said 30 day period and thereafter diligently prosecutes such cure to completion. 12, NotMs. All notices raustbe in writing and, unless otherwise provided, shall be deemed validly given if sent by certified mail, 'return receipt requested to the address indicated below the parties signatures (or in any other mailing address which the party to be notified may designate to the other party by such notice). If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or dectried to have been given three (3) days after it has been deposited in ft United states mail, duly registered or certified, with postage prepaid, and addressed as net forth above, If sent by telefacsimile, any notice, tender, demand, delivery, or other 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 the Purposes Of calculating these time frames, weekends, federal, state,, county, or city holidays shall be excluded. B. Hazardous Str laskances..Landlord Warrants and agrees that neither Landlord not, to Landlord's knowledge, any third party has used, Page 3 of 8 Final . Staditun Lease A grectriont Page 24 of 67 City Council 12-242 3/18/2025 generated, stored Or disposed of, or permitted the Use, generation, storage Or disposal of, any ftzardous Material (as definud below) on, under, about or within Landlord's Property in violation Of any low or- regulation. Landlord and Tenant each agree that they wall not use, generate, store or dispose of any Ilazardous Material on, under, about or within Landlord's Property in violation of any law or regulation Landlord and Tenant "01 agree to defend and indeninify the other and the Other's Partners, affiliates, agents and employees against any and all losses, liabilities, claims and!or costs (including reasonable attorneys' fees and costs) ansing, from any breach of any warranty or agreement contained in this Paragraph. "1La7ardous Material" shall rucan any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or -regulation (including petrolturn and asbestos). 14, Landlord warrants and agrees that Tenant, upon paying The rent and performing the, covenants ofthis Lease, shall enjoy the rights set forth in this Lease. Landlord shall not cause or Permit any nee of the Landlord's Property, which interferes with or impairs the quality ofthe communications services being tendered by Tenant front the Premises, provided, however, that landlord shall have the unilateral right and privilege W (a) undertake all normal items and operations associated with the current use OfThe Property, Such as, public events which may include high powered electric lights said food service, (b) arrange for the televising Of any public C-11 to be held at the PTOPvAY, and (c) ability to contract with other interested parties. 15. hii—SCRIA—ASPA. (a) This Lease, including attached exhibits, incorporates all agreements and understandings between landlord and Tenant, and no verbal agreements or understandings shall be binding upon either Landlord or Tenant, and any addition, variation or modification to this Lease shall be ineffective Units$ made in writing and signed by both parties. No amenduient berota "I be effective unless set forth in writing and executed by Landlord amil Tenant. Additionally, any arnondmonts to this Lease must be submitted to the Planning Division of the City of Santa AT&T �C-840 (Downtovm Santa Ana) Ana for review. All exhibits referenced herein and attached to this Lease shall be incorporated by reforcaeC as if fully set forth in the Lease. (b) Landlord warrants and agrees that Landlord's Property (including, without limitation, the Premises), and all iianprovements; comply and during the term or ibis Lease shall continue to comply with all building, health and safety, disability and other laws, code., and regulations of any govormnlerltOl Or quasi-govern-ental, entity. All such compliance shall be accomplished at Landlord's cost and expense. (c) The language of each part Of this Lease shall be construed simply and according to its fair meaning, and this Lease shall never be construed either fervor against either party, This Lease shall be govcmcd by and construed is accordance with the laws Of the State of California. (d) if either party institutes any action Or proceeding in court to enforce any provision of this Lease, or any action for damages for any alleged breach of any provision Of this Lease, then the prevailing, party in the action or PrMtedirigsball be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attomeYS' fees for (lie services rendered to the prevailing party, together With its other reasonable litigation expenses. ,(e) Each party to this Lease represents and warrants that it has full authority to execute this (,,ease and to bind its respective parties to the LOW. (f) Preparation of this Lease by Tenant or Tcmauvs agent and submission of this Lease to Landlord shall not be deemed an offer to I andlord to lease, This Lease shall become binding upon Landlord and Tenant only when fully executed by both parties. 16. ;main !§-AMW-t(!—pre- —,s0Yn=M- (a) Limitations - Tenant agrees that its access to the Prermses as described in Paragraph I heroin above, shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. Tenant will obey all proccidures set by Landlord regarding notification before Final - Stadium Lease Agreement Page 4 of 8 Page 25 of 67 City Council 12-243 3/18/2025 visiting the Premises, checking in on - :Site, parking, gates, ctc- (b) Construction Phase Penalty - Each and every violation Of or failure, to abide with Landlord's access procedures, or if program on the Premises/Property are adversely affected or impacted by 'Tenant's actions on the Preiriiscs/Property,solely, during the period of construction of the communications Facility (from start-up 10 completion), shall be subject to a penalty of $ 10, 000, 00 to be paid by Tenant to Landlord upon notification of such adverse impact, as dutortnined by the Executive Director of the Parks, Recreation and Community Services Agency. Examples of "Admw impacts" include, but are not limited to: blockage of Stadium/Property access for parking, or entrance for scheduled events; failure to clean-up or depart the Prernises/Property in a timely manner; failure to remove equipmentivehicles from the Prernise0roperry and, blockage or hampering of access into the "VIP" parking lot. (c) Bonus - Due to the busy schedule of events Ryr the Stadium Property, and Tenant's corporate goals and build- out/instaUation plan, Tenant agrees to pay :Landlord a one-time bonus of $1 0,000AG if Landlord allows Tenant to enter the Premises/Property to begin constritiction of its Communications Facility within 3-5 days after final required approval is granted by the City Council. 17, Notification Requirment. Except in cases of emergency, Tenant agrees to provide 24 hour notice to the Executive Director of the Parks, Rccrca (ion and Community Services Agency of the City of Santa Ana before any installation, maintenance,, replacement or repair is to take place pursuant to Paragraph I herein above. 18, EnWdies. If an Event of Default occurs by Tenant, Landlord shall have, in addition to any other remedies available at law or in equity, any one or more of the following remedies at Landlord's election: (a) By written notice to Tenant, Landlord may terminate this Least and declare this Lease ended, in which event this Lease shall AT&F C-840 (Downtown Santa Ana) Page 5 of 8 terminate, Tenaritshall immediately surrender the Premises to lAndlord in good order and repair to the:SAti8f8CtiOn Of the Landlord, and Landlord shall have the right to recover frotn'retiant, (i) the worth at the time of the award of the unpaid rent and all additional rent and other amounts and charges payable by Tenant that had been earned at the time of termination of this Lease, (h) the worth at the time of the award of the arnount by which the unpaid rent and all additional rent and other charges payable by Tenant hereunder which would have been earned after termination, of this Lease until the time of the award exceeds the amount of such loss that Tenant proves could have been reasonably avoided, i(iii) the worth at the time of the award of the amount by which charges payable by,renant hereunder which woeuld have been paid for the balance of the term of this Lease after the time of award exceeds the amount of such toss that Tenant proves could have reasonably been avoided; and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "ne "worth at the time of the award'' as used in clauses (i) and (ii) of this subparagraph (a) is to be computed by allowing interest on unpaid amounts at the maximum legal rate. The "worth at the time of the award" as used in clause (iii) of this subparagraph (a) is to be computed at the discount Tati; of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%). (b) Landlord may, pursuant to California Civd Code Section 1951.E maintain Tenant's Tight to possession in which case this Lease shall continue in effect whether or not Tenant shall have abandoned and vacated the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies hereunder, including the Final - Stadium Lease Agreement Page 26 of 67 City Council 12-244 3/18/2025 right to recover Tent, additional Tent, and all other 211DO'"Its payable hereunder as, they become due. ,(a) if an Event of Default by Tenant occurs, Landlord Shall not have the right prior to the termination Of this Lease by a court of competent jurisdiction, to ye-ellic' the Premises and/or ren0ve persons Or property from the Premises. 19. Coo TVJkngt.F&-La-1Mi- Tenant agtecs that any improvements constructed by Tenant On the premises and License and the Property and all Of Tenant's Operations within tile Premises and License and the Property shall be in compliance with all applicable laws, codes and regulations. 20. Alai_Sjl t m $AL1qqni& "ant has an , _ cNelusive Tight to ft Premises, but a non - 'exclusive right to the property, provided however, Landlord shall have the right to use the premises for emergency use and/or incidental (,,City Business,,,), including but not limited to: minor 1,andsc�apmg, minor maintenance, and minor construction PrOxiinstelY located near the pyeinises, so long as the City Business does not unreasonably interfere with Or i"Vair the operation ofrcruuttr, Corrommi"tion. Facility, This Agreement may be assigned or transferred by the Tenant without any approval or consent Of the Landlord 0131Y to the Tenant's principal, affiliates, subsidiaries of its principal; to Any entity which acquires all Or SubstnatiStlY all Of Tenanfs assets in the ricarket defined by the Federal CounnoniCatiOnS Commission in which the property is located by reason of a Efte'T90r, acquisition or other business reorgani72ti0n; Or to any entity which aoTlirel Or receives an interest in the majority of communication towers of the Tenant in the market defined by the Federal Communications Cortirmssion in which the property is located. As to other parties, this Agree awnt may not be sold, assigned or transferred without the prior written consent of the Landlord. An affiliate of Tenant ishall mean any entity which controls or is controlltyJ by, or is undlerCOnM1011 control 0 f or with Tenant, 21. Taxes, Landlord shall pay all real Property taxes ass essed sesscd against the Landlo id s property. Tenant shall pay all personal property taxes assessed against its equipnwnt and all increases in Landlord's real property taxes or assessments directly attributable to installation ofTenant's AT&T C-940 (Downtown Santa Ana) equipment or Tenant's use of the Premises Of License. 22, CcrtIV , Terriliotion. If during We Lease Term, there is a deterritinatiou Made pursuant to an official unappealable order of a coutity,:srate of national governmental health agency having proper jurisdiction that Tenant's, use of the Premises PrAes a human health hazard which cannot be Mnediatcd, then (i) Tenant .9ba-11 immediately cease all Operations on the Premises, and GO this Lease shall terminate as of the date of such order, 23. LAtdlqr -Mr f Are �ec ALM—d 11—CLA —0-N, - r,=Laeering_D_rawj=Prior to'commievicement of any construction, altelatious, modifications, or i inprov emms, Tenant agrees to submit architectural and engineer* drawings ("Plans") of the equipment to be installed to the Landlord for its approval. Landlord will have a reasonable arnount Of time upon its receipt of the Plans 10 disapprove them inWritirig, Landlord sball not be entitled to receive any additional Consideration in exchange for giving its approval of Tenant's P 14M 24. feel QcAURB-19kt- (a) Within the first five (5) years Of the Term, Landlord shall have the one-tirna right, upon. development Of Landlord's Property for commercial, Purposes, to relocate Tenant's Communication Facility and any necessary Utilities, at Tenant's sole cost and expense, to alternate space within Landlord's Property, Additionally, within the second five (5) years of the Tem. Landlord shall have the right to relocate Tenant's Communication Facility and any necessary utilities at Landlord's sole cost and ey-Pe= to alternate space within the Landlord's property, Provided, however, that all such relocation shall (1) be performed exclusively by Tenant Or its agents, (2) net result in any interruption of the communications service provided by Tenant On Landlord's )property, (3) not impair, Or in any manner alter, the quality of communications service provided by Tenant on and from Landlord's Property, and,(4) be done in aCcOrdan, .c with the terms and conditions contained in subP41ragralibs ,(b) and (c) below. Upon relocation Of Final - Stadium- Lease Agreement Page 6 of 8 Page 27 of 67 City Council 12-245 3/18/2025 Tenant's Communications FaciliLy, disapproved such proposed relocation If Tenant &sal)PTOWS arch Tenant's utilitY cables, conduits slid s1te, relocationsite, then Landlord my pipes shall be relocated as required in 'enant's sale &,Mti0n, to operate and thereafter propose another relocation 'Tenant maintain Tenant's COmMunkstiOns site by Nonce to in the rnamICT set forth ahove. Tenwit shall Facility. cooperate, in good faith, with Landlord (b) i,andlord shall, exercise its relocation for the. approval of arelocation site. right by (and only by) delivering Any relocation site which Landlord and written notice (the "Notice") to Tenant- Tenant agree upon in writingshall be In the Notice, .Landlord shall propose referred to as the "Relocation Sitic", an alternate site Within Or On I.andlord's Property to, which Tenant Tenant shall have a Period Of not less than 6 months after execution of a may relocate its Communications Facility, Tenant shall have sixty (60) 'written agreement between the parties the location and dimensions days from dre date it %weives the Notice to evaluate Landlord', prolin-d concerning of Relocation Site to TrImute (at Tenant's expense during the first five relocation site during which period "Tenant shall have the right to conduct (5) years of the Term) its Conunimications Facility to the tests to determine the technological Relocation Site. feasibility of the proposed relocation site, If Tenant fails to approve of such (c) Upon relocation of Tenant's Continunications Facitity to the proposed relocation site in writing Relocation Site, all rcfmnces to the ,within said sixty day period, which approval shall not be u nreasonab 1Y "premises" 'herein shaH be deerned to be references to the &Qloeajjon Site withheld, conditioned or delayed, the Tenant shall be deemed to have AT&T C.840 (Downtown Santa Ana) Final - Stadium Lease Agreettlent page 7 of 8 Page 28 of 67 City Council 12-246 3/18/2025 The parties have duly executed this Lease - of the Effective Date 20()1 w forth h creinabove . LANDLORD City of Santa Ana, a charter city and nru .. nici non of the State CMig cjX.iuIido e:Mayor ATTEST Name Title APPROVFD AS TO FORM B Y :� . - - E_" 0 � _. -. - Name- Joseph W. Fletcher Title. City AttmWY APPROVED AS TO CONTENT: By: '62 _1a � Narnc7"baw_id X Ream Title: City Manager RECO NDED FOR APPROVAL By: Title: Executive Directoi-Parkus, Recreation 4114 COrmnunitY 'Smi= Agency NOTICE ADDRESS CITY OF SANTA ANA Executive Direct - Parks, Rec. & Community Services 20 Civic Center Plaza-P,0, Box 1988 M-23, Santa Ana, California 92702 AT&T C-940 (Do-mto— Santa Ana) TENANT A13 Cellular Holding, LLO, a Delaware limited liability company dA,))EL AT&T Wireless Services By: AB Cellular LA, LLC, a Delaware limited liability company, WhIa AT&T Wireless Page 9 of 8 By: LIN Cellular Conunumeations Corporation, a'Califortlia CoTpol 'ation, its member By. Na Jac ie Gimb J ent manager Its system Devel / 'tm` 4ent Matisse NOTICE ADDRESS AT&T WIRELESS SERVICES 12900 park Plan Drive Cerritos, California 90703-8573 Attn: Daniel E. Srnith, Attorney Final . Stadium Lease Agrvoineut Page 29 of 67 City Council 12-247 3/18/2025 LrXMITA-I LEGAL DESCRIPTION 9ZIUMMUZU The pMerry of which the Lease Area is a put is legally described as follows' Street Address 951 6a' Street City, State Zip Santa AjalCalifornia 92703 AM 405-191-01,& 403-191-12 All that real property located in the State of California, County of orange, described as fellows; 2111-14a All that portion of the land allotted to Julian Chaves, in the City o ( Santa Aria, County of Orange, State of California, as described in the Final Dt=ae of Partition of the RIrtcho Santiago de Santa Ann, in die City of Santa Ana. County of Orange" Slate DfCalifDrru a. which was entered September 12, 1868 in Book "B", Page 410ofludgenrents of the District Court of tine 17(h Judicial Distriet.in and for Los Angeles County, California, described as follows: Beginning, at a point on the centerline or Eighth Street (now Civic Center Drive, raid point being 50 feet Westerly from the intersection of the extended centerline of Flower Street, as said street Mists Northerly from Eighth street with the centerline or Eighth SU=t; theMe Southerly and parallel to a ,straight line drawn between a point on the centerline of Eighth Street, said point being 10 feet Westerly from the extended centerline orsaid Flower Street, to a Point on the centerline OfSixm Su=t, said point being dismot 309,60 fact Westerly from the intcrsectian of the centartincor Gw=cy Street extended Norffictly as shown on'a mop of Ross Addition to Santo Arla, recorded in Book 3, Pages 514 and 535 or Misce:11ancous Records of Los As County, California with the centerline ofSixth Street to an intersection with a line drawn parallel to and distant 330 feet crt a Southerly ftom the centeritine of'EL" Street, r. said line being the Southerly Lino Of that c 'it n parcel of banal conveyed by Bertha Sackrima to John NMI= Ssckn= by deed flewrdcd'n Book 221, Page 300 ofl3eads, records of Orange County, California; thence Westerly along said last mentioned lint to an intersection with the centerline of olive Street, as said Olive Street existed prior to 1933; thence Northerly along the centerline of Olive Sir=t, to art intersection with the oemarlitie of Eighth Street; thence Easterly along the ocriterline of Eighth Street to the point of Parcel 2- All that portion of the land allotted to Julian Chaves, in the City of Santa Am County of Orange. State of Cali forrua, as described -in the Final D=cc of Partition of the Rancho Santiago de Santa Arts, which was entered September 12, ls6a. in Book "B*. Page 4 10 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California. described as follo-st Beginning; at the point of intersection of the cernerfilic of Sixth Street with the ccractlinc of Hower Street, as shown on a mop of Ross Addition to Santa Anu, recorded in Rook 3, binges 534 and 535 of Miscellaneous Recants or I,m Angeles County. Califlonlis; thence Northerly all the West fint: of Block B of the Chilton Trace, as shown on in map rt4=rdcd in Book 34,Pase 93 Miscellaneous Records of Los Angeles County. California. 5.10 cha4is to the NonhMy line of land conveyed he Jacob Ross to Alexrouier'r. Oliver by deed recorded March 12, 1 $77 iLn Book 52, page 383 mcords of Los Angeles County, Cali6rtua-, thence Westerly alor4g- saidN401, tine 3 41 chains. mon: or less ,d Ol!j% *trc,:.L cxiw,c:d IRT.)r 10 1 qyj: lhcj= Southudy aicing e to the ccliterlillic oI`OIiVcSLMv� as said j:na of Sjxt�,,� aj, I hence C11.11 along time canted ine of .9 ixtI said centedinc 3. 10 chains 10 Lila Cent ',tro Street to the point of *inrling. Page 30 of 67 City Council 12-248 3/18/2025 W4,11,11w4w LEGAL pjKscpjpjj0Nj OF THE PRO The Property of which the Lease Area is a part is legally described as follows: Street Address 9516' Street City, State Zip Sam Ana,'California 92703 APN: 405- 191-01 & 405-191_12 All that real property located in the State of CaMmia, County of Orange, described as fallovnc Parcel 3 : Ail that portion of the land allottod to Julian Chaves, in the Ci ly of Santa Ana, County of Orange. State of California. as described in the Final Decree of Partition Pf the RAncht),sandugo de Santa Arm, which was entered September 12. 1968. in Book "B". Page 410 of Judgments Of the District Court of the 17th Judicial Districtir and for Los AnScies County, California. described WN follows: Comoicticing,al a point in the centerline of0five Street- said point being 23.57 chains West front the Northeast comer Of said land allotted to Julian Chaves-, ronruria Thence South 545.70 feet to point 25 feet South ofthe extended North fine of Block B o[Groudards Addition to The Town of Santa Alta. as shown on a map recorded in Book 23, Page 39 of Miscellaneous Records of Los Angeles County, California; thence west parallel to the North line of Sixth Street 17336 fact more or loss, to a point 400 feet East ofthe West line ofBIor-k B ofsaid Groudard's Addition; thence North 25 feel to the North line aCBlock B of said Groudard's Addition; thence West 250 feet to a point 150 feet East ofthe Northwest comer of Lot I I in Block B of said GrOudard's Addition; thence North 34 feet*thence West 371.50 feet to the Southwest comer of the 2 tr acre tract conveyed to Loctic J, Groudard by deed recorded May 29, J9 15 in Book 241, Pap 293 of Deeds, records of Change County, C4fomja; thence North, 488,65 feet to Northwest corner Of said 2 lt2 azo, tract; thence East 795 feet 10 the point of beginning, Parcel 4; All that portion oithe ' land allotted W Julian Chores, 1) the City OfSanta Arm. Courtly of Grange. State ofCalifornia" as described ith*Final Dee= of Partition Ofthe Rucho Santiago de Sam Arta, which was entered September 12, 1868, in Bonk "13", pW 410 ofludgments ofdw Dh,t ct Court of the 17& Judicial District jim and for Los Angeles COU=, California, described as follows: feet The Northerly 336.65 fecc of that - certain parcel I of land described as fotlo Beginning [ 1.97 chains West of the center of olive aa& Fifth Streets inthe Ross Addition to Santa Ana, as shown on a'mp recorded in Book 3,Pages 534 and 535 of MiSCORTwOos Records of Los Angeles County, California; di. " once North 15,17 chainsi thence %Vest 4 chains; thcreeSouth 15.17 chains, ditence Fist 4 chains to the Point Of b4aninS, Parcel 5; All that portion ofthe land allotted to Julian Chafes. in the ~dry of Santa Ann, Count} ol'ora"ge. *MM' ago do Santa State of California" - described in the Final Decree Of Partition of the R'Ancbo S , Ana, which was entered Soptcrobt;r 1-2. 1868, in BOOk "0', 1 age . 410 ofjitidgments of the Diggrici , Court of the ;71h Judicial District do and rot CQ unt,;. ('ajjJbrnio.Lk=rihcdn-- Beginning at the North . east corner OfCOnslontine's Addiklon to fo"n, of Santa \jja,;Lq Shownun a map recorded in Book 23. Page `Z Of Miscellaneous PA. cord$ of 7,u,,; AtIgOes County. California - thence North 154,83 fees. mare, or Ices, to P"i"I it' rite Luxe tine of and distant 336-6i IceT Southerly front the Northeast corner art that certain parcc4 ot'land described as tbHows� Page 31 of 67 City Council 12-249 3/18/2025 EXHIBIT A -I LFGAL 12ES rJON Pg2 DLDL E ER The Property of which the Lease Area is a part is legally described as follows,* Street Address 951 e Street City, State Zip Santa Ana, California,92703 APN: 40 5 -19 1 -01 & 405-191-12 All that real property joeatod in the State of California, county of orange, descnbed as follows: "Beginning 1 L87 chains Wcst of the center of olive and Fifth Sircw in Ross Addition to Santa Alta, as shown an a map recorded in Book % puges 534 to 535 t1i'MiscCilant-OLM Records Of 1,05 Angeles County, California; thence Nurdt 15.17 chains:. thence west 4 chains, thcricc South 15.17 chains; thence Fast chnins to the point ofbelgicmin�g.` . 111trice Westerly along a line drawn pralltl its and distant 336.65 feet Southerly from the North line of that Certain parcel of land Last described above to its intersection with the West fine of said POMCI lust described above; thence Southerly along the West line of said Parcel 155,07 feet, more of loss, to its intersection With the Westerly prolongation of the Northerly line of said Constantinc's Addition to the Town of Santa A= thence Fast in a direct line to the point ofbeginining. Panel 6: Lots It, 12, 13,14and 15 ofCoustamine's Addition to the: Town of Santa Ana, in the city,orsarlin Arm County ofomngeSt3icofCalifornia, asshown ()ntI map recorded in Book 23, Page 32of Miscallanernu; Records of Lot" Angeies County, California, together vAth the followin: Beginning at the Southwest COM& or . Lot 15 of said Constactines Addition to the'rown of Simla Am thence West to a Point 1720 feet Gast from flu SOqthegxx corner of Lot 27 of McFsd4"- Wi,Lson Addition to Santa Aha, as shown on a map recorded in Book 28, Page 90fMiliccillInCOUS Records of Los Angeles County, California- thence North along a lint drawn parallel with the Fasa line ofsaid Lot 27 and the Northerily Prolongation thereof to its Point Of itilersiterica with the We=iy prolongation ofthe Northerty line of said Constantines Addition to the Town Of Sarim Am d== East in a direct line: 10 ft Northwest comer Of Lot IS of said ConstaMoes Addition to the Town of Santa Arta; dw= South in a direct line to the point of beginning. Parcel 7: I_Dtsg, 10, 11 and 12 ofGildmitchet'sAddition, to the Town ofSantO Ana, in dlaC"y of Santa Ana, County of Orange, State Of California. as SLIDWID on a Map recorded lit Book 21 Page 17 of Miscellaneous Records of Los Angeles ciamity- Califtiro'a- Lots 11 through 11 inclusive in Sk" B of(jroudards Addition to the Town ofSant4Ana. in the '"gate of California.as shown on a wuV =Orded in Book :3 - City ofSanta Ana, Col-LY of Orange. Sm jrcroia� toge Page 39ofMiscellancOUS Records orl.os Angela$ CountY, Oat _ftr with the following. ition to the Beginning at a Point in he s.tilher'ly line of Lot I in Block B of said GrOodard's Addthence East Town of Santa Ana. distant 15.199 feel, Gast from 1h,,SOUjhwVSt comer of said Lot 1. of 46 Feet t0lt Plint Oil xlw I and the FastCriv Pi"t'"Litnion Itw ,m along1heS0u1hcrlY line of said lx ( 1NNI%(; hcrcul" thumcc NwIll. 11"trall"I We%, lint, o( olivedw I'M IF, POINT Of Ill.'.i; with the East lint O(Said Lot', 1 Ul) feet tou point distant fect Soutb� cFiv from tlx Easterly proloaption of the North title Of BtOck Li of quid Oroadard's Addition to the Town Kikhereoff Santa to the Ana. thence West parallel Gvith the South tine of said Lot I and the Easterly prolongation 'Lail line of said Lot I : tboni= South t()Q feel along said E'P-q Line to staid Souti'liffiy line of said lot. Page 32 of 67 City Council 12-250 3/18/2025 EXUIBIT A-1 LEGAL DESCRIPTION OF n9TR The Property of which the Lease Area is a part is legally described as follows: street Address 951,691 Street City, State Zip Santa Aim, California 92703 APN: 405-191-01 & 405-191-12 All that real property located in the State of Calf arnia, County of Orange, descnbed as follows: thence East in a direct line to the TRUE POINT OF BLUINNI Nk i - Excepting therefrom that portion of Lots 1. 2 and 3 dcscrib� d to the deed to the CiLY 01' Santa Aria. a municipal corporation. recorded January 13, 1933 in Book 593 PaRc 252 of Official Records, Parcel 9: Ali that portion of the land allotted toJulizo Chaves, in the Cityji'SwuaAna, County ol'OrangL, State or California, as described in the Final Order of'Partition 0(the Rancho Santiago deSanta Ank which was enterLd September 12.1968 in Book District Court of the 17th Judicial Disnict in and for Los Angeles County, California described as folio".. Beginning at ft Southwest corner ofLot i I in Block 8 of Groudard'Addition to thc'rqwn of Santa Ana, as shown on it map recorded in Book 23. Page 38 of M iscellartcous Pgcords of Los Angeles County, California; thence North, alang the West line of said lot 125 fret in the 11WE POTNT OF BEGINNIN[Q thence continuing North, 34 feet along the Northerly prolonption of the Wen line of said lot: thence East parallel vAth the North line of Block 5 of said OrOudard'i Addition ISO feet; thet= South parallel with the prolongation of the West line of said Lot I t. 34 fact to a point on the North lint of said Block B; thence West along the North lino orsaid Block a, 160 rest to the TRUE POINT OF BEGNNING. Parcel 10: That portion of0live Street in the City of Santa Arta, County of Orange, Stara Of COlif0mit. bounded on tlte:*oath by Sixth Street; bounded on the West by that certain land described in the deed to the City of Santa Ana accorded May 10, 1934 in Book 6n. Page 35o of Official Records; bounded on the North by that certain land described in the dead recorded January 13,1933 in Book 593, Page 252of official Reoords; and bounded on the EasMy that certain land described in the deed to the City of Santa Ana, recorded May 5,1910 in Book 171, Page 260 of DeWs. Page 33 of 67 City Council 12-251 3/18/2025 ExmBff A-2 The location of the Proms within the Lessor's Property together with non-exclusivo access, ingess, egxess, casements and utilities are more particularly desclibed, or depicted as follows: [See Attacbed Site Mal AT&T C-940 (Downtown Savu Ana) Page 34 of 67 City Council 12-252 3/18/2025 Page 35 of 67 City Council 12 — 253 3/18/2025 oil it i i bi b�RBI�i� r1b11 ' 9 •ffi1 i�yBbb ba7 M. b• 101 V11111*11 iYseJOIN,�� il�� A1145°�1111p. i �pb1lb'R[ �w� �•� �rRb�" �� a i1�I ���' • b I11b 9�A �� i"iii, ►qo� ' a bNCi. �wRl-"eta 0. 1MI � 1� " � i � ��b a Ali M b� b i i g Ala' gi . R i •r �!i ° b s� iiR s R` 1.6 IN *I i'10101,11 Hm [01 ���:���i�11 on •p ib °° �" ad Off Sg�� 1ii i 1 �Of f Ip.3 111101b MIR 11R 4Hill. Page 36 of 67 City Council 12 — 254 3/18/2025 Page 37 of 67 City Council 12 — 255 3/18/2025 Page 38 of 67 City Council 12 — 256 3/18/2025 'b r � C �a la Ai A T. . III �l '"► . - t ■ I"mill IM Page 39 of 67 City Council 12 — 257 3/18/2025 FiIeJIC:\WTNDOWS\TU-MMew Photo SimURG IEXHIBIT A -2- 11/8/01 Page 40 of 67 City Council 12-258 3/18/2025 EXHIBIT C Legal Description and Survey of the Premises TOWER LICENSE THAT PORTION OF LOT 1, IN BLOCK B OF GROUARD'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGE 38 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH FLOWER STREET AND WEST 6TH STREET; THENCE NORTH 890 24' 26" WEST, ALONG THE CENTERLINE OF WEST 6TH STREET, 356.50 FEET; THENCE NORTH 000 35' 34" EAST, DEPARTING SAID CENTERLINE, 30.00 FEET TO THE TRUE POINT OF BEGINNING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 890 24' 26" WEST, ALONG SAID RIGHT-OF-WAY LINE, 45.00 FEET; THENCE NORTH 000 35' 34" EAST, DEPARTING SAID RIGHT-OF-WAY LINE, 20.50 FEET; THENCE SOUTH 890 24' 26" EAST, 45.00 FEET; THENCE SOUTH 000 35' 34" WEST, 20.50 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.021 ACRES (923 SQUARE FEET) OF LAND, MORE OR LESS. PROPERTY OWNER THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PROPERTY ADDRESS 951 W 6TH STREET, SANTA ANA, CALIFORNIA 92703 PARCEL NUMBER 405-191-01 [Land Survey Follows] Page 41 of 67 City Council 12 — 259 3/18/2025 tr 17 lie !j I z Z 3: 0 0 I VIA P w f I I Page 42 of 67 City Council 12-260 3/18/2025 ....... . ... LJ II d. u II II . . .......... . . . . IN, Q I I R R N Page 43 of 67 City Council 12-261 3/18/2025 ZI KI, , T ra iL . . ..... AI II Page 44 of 67 City Council 12-262 3/18/2025 t Al m a PA,N, � ....... _ -__ ��n s F �1, , i W' i W . r... ....,._,....�� 01 FQ? 1 OT ,.PPY7 4U h- p' Page 45 of 67 City Council 12 — 263 3/18/2025 i Eli J r i t iV 1 �t t IIII NAJ 'R' G 1�'.n 4 T " �0 '�'k: Page 46 of 67 City Council 12 — 264 3/18/2025 EXHIBIT D Licensee's Facilities THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS: Page 47 of 67 City Council 12 — 265 3/18/2025 Page 48 of 67 City Council 12 — 266 3/18/2025 4. �,4 V", -04 i :v 8, IV 3 x Page 49 of 67 City Council 12-267 3/18/2025 �,�Imms I/A014 N, 2 t] ............. LQ - -------------- .......... FA qj m �zMI rj Page 50 of 67 City Council 12-268 3/18/2025 77 III SSA .a F-, R ............ Page 51 of 67 City Council 12-269 3/18/2025 "Al 4,- R ti MC bIt 4 EI Page 52 of 67 City Council 12-270 3/18/2025 Page 53 of 67 City Council 12 — 271 3/18/2025 j e j FZ ,LT", J IIIIr � SVNFLIMB, ,ACIk UV; ill mtl1NB� tNk SwnV3MW 4414 (N) IQ dtrA s 0 � ....................... _...................................,................. I W A ^e l I I L ti qi, >'HuRYIly a Page 54 of 67 City Council 12 — 272 3/18/2025 Page 55 of 67 City Council 12 — 273 3/18/2025 Page 56 of 67 City Council 12 — 274 3/18/2025 Page 57 of 67 City Council 12 — 275 3/18/2025 Page 58 of 67 City Council 12-276 3/18/2025 Page 59 of 67 City Council 12 — 277 3/18/2025 29 Page 60 of 67 City Council 12-278 3/18/2025 4 2 L L ,A, Page 61 of 67 City Council 12-279 3/18/2025 , L w: ��` \j I'd ^ ^ i'i! '7 \ \ \�\\� \\° \\� \ 2 « � \ :� : J \ ° \ ` \ � ` ��.\:��: \,: \�/ \� �� ^� \\� \\/�d, � /±_~ /\ » \ \\ ^�\\ \ \\ y� �`a /\\ ,�\`.� : . ...: < \ �\� ----------- � Iq \ <.�y \ ,\\a \� y&�\�/ ,\ :\\\ RE M U Page 62 of 67 City Council 12-280 3/18/2025 R IV 6) �71 2e d 1 Al N V V 4 ir t LL Al P: F Page 63 of 67 City Council 12-281 3/18/2025 Page 64 of 67 City Council 12 — 282 3/18/2025 I gill A, 14, �4a SR r➢ rMIR g ?IU Page 65 of 67 City Council 12-283 3/18/2025 EXHIBIT E Minimum Scope and Limit of Insurance LICENSEE shall carry and maintain for the duration of the Agreement 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 performed by LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this proj ect/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles). 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. Other Insurance Provisions The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status LICENSOR, 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 LICENSEE 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 LICENSEE's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, LICENSEE 's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE's insurance and shall not contribute with it. Notice of Cancellation Page 66 of 67 City Council 12 — 284 3/18/2025 Each insurance policy required above shall provide that coverage shall provide thirty (30) days' prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR. Waiver of Subrogation LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE 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 LICENSOR. 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 AXII, unless otherwise acceptable to LICENSOR. Verification of Coverage LICENSEE shall furnish LICENSOR 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 LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE 's obligation to provide them. LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location. Special Risks or Circumstances LICENSOR reserves the right to modify these requirements once per renewal term period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. Page 67 of 67 City Council 12 — 285 3/18/2025 Finance and Management Services www.santa-ana.org/finance Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Administrative Hearing Officers AGENDA TITLE Agreements with JL Group, LLC; Kane, Ballmer & Berkman; Michael Raneses dba Michael Raneses Administrative Hearings; Nastich Law, APC; Palacios Law Office; Robert M. Snider, Attorney at Law; Serviam by Wright, LLP; and The ADR Coach, Inc. for Administrative Hearing Officer Services (Specification 24-127) (General & Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with each of the eight firms listed below for Administrative Hearing Officer services on an as -needed basis, in a total aggregate amount not to exceed $2,770,000, for an initial three-year term beginning March 18, 2025 and expiring March 17, 2028, with provisions for one, two-year extension (Core Agreement No. A-2025-XXX). Firms JL Group, LLC Kane, Ballmer & Berkman Michael Raneses Administrative Hearings Nastich Law, APC Palacios Law Office Robert M. Snider, Attorney at Law Serviam By Wright, LLP The ADR Coach, Inc. GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Location Laguna Niguel, CA Los Angeles, CA Tustin, CA Berkeley, CA Riverside, CA Palm Desert, CA Irvine, CA Los Angeles, CA Since the 1950s, the City of Santa Ana has permitted the use of administrative hearings as a means of resolving appeals or conducting additional review on decisions made by City representatives. Hearing officers act on administrative appeals of code enforcement citations and compliance orders by serving as an impartial person who is experienced with legal processes as well as building, zoning, and other code regulations. These officers will make determinations based on the Municipal Code and have the ability to City Council 13 — 1 3/18/2025 Administrative Hearing Officers March 18, 2025 Page 2 issue or modify compliance orders to improve the rate of violation abatement. Additionally, the utilization of contracted hearing officers helps reduce conflicts of interest, warrant decisions based on knowledge and understanding of the latest codes, and ensure timely appeal hearings. Administrative hearings have become more common within government agencies as they expand their programs and services but do not wish to inundate legislative bodies with resolving all appeals received. The City has seen an increase in demand for administrative hearings due to regulatory expansions from local or state directives. Presently, the Santa Ana Municipal Code references administrative hearings and panels in all of the following sections- 1 . Code Enforcement: SAMC § 1-18.1 2. Environmental Sanitation Violations: SAMC § 1-18.2 and SAMC § 1-21 3. Buildings and Structures: SAMC Chapter 8 (Various Subsections) 4. Rent Stabilization and Just Cause Eviction Ordinance: SAMC § 8-3145(f) (Per Ordinance No. NS-3052) 5. Refuse Violations: SAMC Chapter 16 (Various Subsections) 6. Public Safety Sensitive Business Establishments: SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 7. Non -Regulatory Business License Tax: SAMC § 21-41 8. Cannabis Business License Tax: SAMC § 21-41 9. Hotel Visitors Tax: SAMC § 35-133 10. Utility Users Tax for Electric, Gas & Telecommunications: SAMC § 35-173 Due to the continuing increase in demand, representatives from various City agencies collaborated to consolidate their efforts for administrative hearings. Request for Proposals (RFP) 24-127 was issued on October 24, 2024 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: Request for Proposals (RFP) 24-127 was issued on October 24, 2024 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 440 Vendors notified 0 Santa Ana vendors notified 22 Vendors downloaded the RFP packet 8 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on November 12, 2024, and evaluated. Eight proposals were submitted by the RFP deadline and all eight were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed City Council 13 — 2 3/18/2025 Administrative Hearing Officers March 18, 2025 Page 3 and rated the proposals according to the criteria listed in the RFP. The following summarizes the responding firms and their rankings: Firm Kane, Ballmer & Berkman Michael Raneses Administrative Hearings Palacios Law Office Nastich Law, APC The ADR Coach, Inc. JL Group, LLC Serviam By Wright, LLP (TIE) Robert M. Snider, Attorney at Law (TIE) Location Rank Los Angeles, CA 1 Tustin, CA 2 Riverside, CA 3 Berkeley, CA 4 Los Angeles, CA 5 Laguna Niguel, CA 6 Irvine, CA 7 Palm Desert, CA 7 The evaluation committee evaluated proposals in accordance with the RFP criteria and determined that all eight firms met the City's specifications, demonstrated vast experience working with public agencies, the capacity to provide Administrative Hearing Officer services on -site and remotely to various City Departments, and can meet the City's needs as set forth in the RFP documents. Staff recommends awarding agreements to all eight firms (Exhibits 1-8) to ensure sufficient resources are available for all using departments. Approval of agreements to the abovementioned recommended firms will allow the City to contract with qualified, experienced consultants for specific administrative hearings in a timely manner and ensure sufficient resources are available to hold hearings on an as - needed basis by various Agencies citywide. Staff will also be better able to respond quickly to fluctuating demands and ultimately provide better service to customers of the City of Santa Ana. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for services performed by June 30, 2025 are already included in the adopted FY24-25 budget. Funding for subsequent fiscal years will be included in the appropriate proposed budget for City Council consideration. Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit - Acct # Acct Description 01110130- FMSA General Funds Contact Services $15,000 62300 Professional 2024- 011165XX- PBA General Funds Contract Services $80,000 25 62300 Professional 01216010- PBA Enforcement Contract Services $10,000 62300 Svc Professional City Council 13 — 3 3/18/2025 Administrative Hearing Officers March 18, 2025 Page 4 18518700- CDA Rent Contract Services $350 000 62300 Stabilization Professional 06917640- PWA Refuse Contract Services $150 000 62300 Collection Svc Professional 06817641- PWA Roadway Contract Services $15,000 62300 Cleaning Professional 01114XXX- SAPD General Funds Contract Services $5,000 62300 Professional 01110130- FMSA General Funds Contact Services $15,000 62300 Professional 011165XX- PBA General Funds Contract Services $80,000 62300 Professional 01216010- PBA Enforcement Contract Services $10,000 62300 Svc Professional 2025- 18518700- CDA Rent Contract Services $ 350,000 26 62300 Stabilization Professional 06917640- PWA Refuse Contract Services $100,000 62300 Collection Svc Professional 06817641- PWA Roadway Contract Services $15,000 62300 Cleaning Professional 01114XXX- SAPD General Funds Contract Services $5,000 62300 Professional 01110130- FMSA General Funds Contract Services $15,000 62300 Professional 011165XX- PBA General Funds Contract Services $90,000 62300 Professional 01216010- PBA Enforcement Contract Services $15,000 62300 Svc Professional 2026- 18518700- CDA Rent Contract Services $ 350 000 27 62300 Stabilization Professional 06917640- PWA Refuse Contract Services $100 000 62300 Collection Svc Professional 06817641- PWA Roadway Contract Services $15,000 62300 Cleaning Professional 01114XXX- SAPD General Funds Contract Services $5,000 62300 Professional 01110130- FMSA General Funds Contract Services $15,000 62300 Professional 2027- 011165XX- PBA General Funds Contract Services $90 000 28* 62300 Professional ' 01216010- PBA Enforcement Contract Services $15,000 62300 Svc Professional City Council 13 — 4 3/18/2025 Administrative Hearing Officers March 18, 2025 Page 5 18518700- CDA Rent Contract Services $ 150,000 62300 Stabilization Professional 06917640- PWA Refuse Contract Services $100,000 62300 Collection Svc Professional 06817641- PWA Roadway Contract Services $15,000 62300 Cleaning Professional 01114XXX- SAPID General Funds Contract Services $5,000 62300 Professional 01110130- FMSA General Funds Contract Services $15,000 62300 Professional 011165XX- PBA General Funds Contract Services $90,000 62300 Professional 01216010- PBA Enforcement Contract Services $15,000 62300 Svc Professional 2028- 18518700- CDA Rent Contract Services $ 350 000 29* 62300 Stabilization Professional 06917640- PWA Refuse Contract Services $100 000 62300 Collection Svc Professional 06817641- PWA Roadway Contract Services $15,000 62300 Cleaning Professional 01114XXX- SAPD General Funds Contract Services $5,000 62300 Professional *Denotes an optional extension year, not part of initial term Grand Total: $2,770,000 EXHIBIT(S) 1. Consultant Agreement for JL Group, LLC 2. Consultant Agreement for Kane, Ballmer & Berkmen 3. Consultant Agreement for Michael Raneses Administrative Hearings 4. Consultant Agreement for Nastich Law, APC 5. Consultant Agreement for Palacios Law Office 6. Consultant Agreement for Robert M. Snider, Attorney at Law 7. Consultant Agreement for Serviam By Wright, LLP 8. Consultant Agreement for The ADR Coach, Inc Submitted By: Alexander Trinidad, Acting FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 13 — 5 3/18/2025 EXHIBIT 1 AGREEMENT WITH JL GROUP, LLC TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18" day of March, 2025 by and between JL Group, LLC, a California limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFC1TAT,C A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 6 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 7 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 8 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 9 3/18/2025 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 AXII, 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 10 3/18/2025 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, City Council 13 —11 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 12 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 13 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: JL Group, LLC Attn: Jeffrey B. Love, Esq. 7121 Magnolia Ave. Riverside, CA 92504 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. [signature page to follow] City Council 13 — 14 3/18/2025 IN WITNESS WI IER1,.OF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro NLIfiez City Clerk City Manager APPROVED AS TO FORM: SOMA IZ. CAIZVALFIO .IL GROUP, L City Attorney By: Melissa M. Crosthwaite I 'rey B. Love Senior Assistant City Attorney erinnrc i p a I RECOMMENDED FOR APPROVAL: ...Nm v t, kr .... lhW Aaexander �I!rklad (11 (J) 27, 2025 I&H. Alex'Friiiidacl Acting Executive Director Finance & Management Services Agency 1-.'sq. City Council 13-15 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 16 3/18b4b215 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 17 3/18Qb215 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 18 3/18Qb21$ of 34 Exhibit B A GROUP - PROPOSED FEES AND COSTS - HEARING OFFICER SERVICES Standard Personnel Hearing, Officers, IMIRINM Jeffrey B- Love, Esq Michael M. Peters, lEsq 'incliudling:, hearings conducted vlirtualliy and in -person" preparation and documeiTt review- preparation of writtell '�uts- and inflial orientations determinabons and hearing close and tjramniings. Hourly Rate for a[I Hearing Off icer Servicej- $375.00 (to be liaml d in quarter - ["tour increnientsi Cancellation Mate:. Scheduled hearings ranoefl[ed with less than 4,9-hGLwr nofte will be charged a two (2) hour mininium. Charse for No_"_ Appelilants: A case where the appellant is, a no-show appellant will be charged a three (3) hour minimuni. Payinient Ternis and Conditions - Fees will be invoiced in detail by JIL GROUP for services rendered each) month. linvolice detail to incliude: Case number, hearing date, finle iniCILIvired an,d hourly rate- lnvcwices are payaWe within 30-clays, of receipt by City. City Council 13-19 3/18/2025 �Y�� G iiii iiii° ii iiii iiii i iiii iiii 'iiii Officer Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAq-WUQSNWI_-uYcL9kOhDmCkOErjGA3hj "JL Group LLC - Administrative Hearing Officer (Final with Exhibi ts)(2019586.1)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:32:51 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:33:08 PM GMT 1�k"b Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) u,...A 2025-02-28 - 2:11:02 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:11:40 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:11:40 AM GMT Ado"CIy ounce , 13 — 20 3/18/2025 EXHIBIT 2 AGREEMENT WITH KANE, BALLMER & BERKMAN TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Kane, Ballmer & Berkman, a California law 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"). RFCITAIN% A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 21 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 22 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 23 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 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 shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, and AL 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 and its 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 the CGL, AL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 24 3/18/2025 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 25 3/18/2025 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, City Council 13 — 26 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 27 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 28 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kane, Ballmer & Berkman, a Law Corporation Attn: Glen Calsada 515 S. Figueroa Street, Ste. 780 Los Angeles, CA 90071 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. [signature page to follow] City Council 13 — 29 3/18/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: AI 1 1 n'idad I LJ i�J51II'.i[ iT1 Alex Trinidad Acting Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager KANE, BALLMER & BERKMAN x • .6 d Royce K. Jones Managing Partner City Council 13 — 30 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 31 3/18b4b215 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 32 3/18Qb215 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 33 3/18Qb21$ of 34 KANE, BALLMER & BERKMAN, A Law Corporation SCHEDULE OF RATES Senior Principal $300/hour Principal $300/hour Of Counsel $300/hour Senior Counsel $250/hour Senior Associate $225/hour Associate $210/hour Paralegal $125/hour Royce K. Jones Susan Y. Apy Kendall D. Levan Todd C. Mooney CLASSIFICATION OF ATTORNEYS Managing Principal Principal Principal Principal Exhibit B $300/hour $300/hour $300/hour $300/hour Murray O. Kane Of Counsel $300/hour Glenn W. Calsada Of Counsel $300/hour NOTE: The same hourly rate is applicable to Court appearances. NOTE: The firm may modify the name and status of attorneys listed above. FEE SCHEDULE for Administrative Hearing and Mediations Flat Rate Multiple Hearings Flat Rate Multiple Hearings Reconsiderations after remand: Canceled Hearings/Mediations: In -Person Staff Meetings at City Hall Virtual Staff Meetings: Flat Rate Single Hearing: Expenses: $800 per day for morning session virtual hearings and afternoon written decisions $1000 per day for morning session in -person hearings and afternoon written decisions $275 $150 : $200 per hour $150 per hour $150 for preparation and document review $150 for virtual attendance; $200 for in -person (2 hour limit) $200 for preparation of written hearing determination and hearing closeouts Reimbursed at actual costs ALL FEES SUBJECT TO NEGOTIATION City Council 13 — 34 3/18/2025 I<ane er�lcimari Officer (Fkria�l Wi�tli Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA7f-EJ1LWvDU61d Zs9wX bCH-sAIQAD "Kane Ballmer Berkman - Administrative Hearing Officer (Final with Exh i bits) (2019462.1)" History u'"° Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:33:21 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:33:38 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:11:48 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:12:24 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:12:24 AM GMT 1 y ounce 13 — 35 3/18/2025 EXHIBIT 3 AGREEMENT WITH MICHAEL RANESES TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Michael Raneses dba Michael Raneses Administrative Hearings, a sole proprietorship ("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"). RFCTTAT,C A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 36 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 37 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 38 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 39 3/18/2025 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 40 3/18/2025 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, City Council 13 — 41 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 42 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 43 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Michael Raneses Administrative Hearings Attn: Michael Raneses, CEO 340 E. First St., 93124 Tustin, CA 92781 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. [signature page to follow] City Council 13 — 44 3/18/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Melissa M. Crosthwaite Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Alex Trinidad Acting Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT Michael Raneses CEO City Council 13 — 45 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 46 3/18QP5 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 47 3/18Qb215 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 48 3/18Qb21$ of 34 Exhibit B Cost Proposal Rate for hearings conducted virtually, billed at quarter-hour increments. $150.00 per hour / $37.50 per quarter hour. Minimum per hearing $150.00 Rate for hearings conducted at Santa Ana City Hall, billed at quarter-hour increments. Include any minimums that apply. $150.00 per hour / $37.50 per quarter hour. Minimum per hearing $150.00 Rate for hearing preparation and document review, billed at quarter-hour increments. $150.00 per hour / $37.50 per quarter hour. Rate for hearing closeouts and preparing written determinations, billed at quarter hour increments. $150.00 per hour / $37.50 per quarter hour. E. Charge for No -Show Applicants. $150.00 Cancellation Rate (including the number of days advanced notice needed prior to charging the cancellation rate). No charge for a cancelled hearing unless Proposer has arrived at the hearing site Initial Orientation & Subsequent Trainings Hourly Rate. Include any minimums that apply. No charge for initial orientation & subsequent trainings Describe any other fees not mentioned herein and increments in which they would be billed. No additional fees foreseen. City Council 13 — 49 3/18/2025 Officer (Fkria�l Witli Ex����i��������:)����ts)(2019396 1) Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA4vdwMIFkWNaP-X4R2ZcOn-DIjrPEiSNA "Michael Raneses - Administrative Hearing Officer (Final with Ex hibits)(2019396.1)" History u'"° Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:33:54 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:34:17 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:12:31 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:13:06 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:13:06 AM GMT I y ouncl 13 — 50 3/18/2025 EXHIBIT 4 AGREEMENT WITH NASTICH LAW, APC TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Nastich Law, a California Professional 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 October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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 On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 51 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 52 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 53 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 54 3/18/2025 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 55 3/18/2025 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, City Council 13 — 56 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 57 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 58 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Nastich Law, a Professional Corporation Attn: Summer L. Nastich, President and CEO 2341 Derby Street Berkeley, CA 94705 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. [signature page to follow] City Council 13 — 59 3/18/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: /l i Iri n'idad �f l! /0/i1L YI T1 Alex Trinidad Acting Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager NASTICH LAW, APC 7f��� Summer L. Nastich President and CEO City Council 13 — 60 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 61 3/18b4b215 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 62 3/18Qb215 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 63 3/18Qb21$ of 34 Exhibit B Cost Proposal. The cost proposal is $250/hr for work, i.e., reading submissions, performing legal research, hearing arguments (regardless of whether virtual or in person), drafting awards, etc. No charge for learning (i.e., reviewing and getting familiar with codes or provisions). No charge for travel time or non -work time (e.g., putting something in the mail). No charge for travel -related costs such as milage, hotels, parking, etc. No cancelation fees or charges. No charge for no-show applicants other than the actual time spent preparing or attending the hearing (i.e., no sur-or additional charge for no shows). No minimum charges. No charge for Initial Orientation or Subsequent Trainings. Extraordinary costs, such as printing costs in excess of $50 or hearing room rentals will be passed through with no markup, but only with the City's prior approval. Invoices providing the dates of service, a description of the services, the time spent, and the total amount for each line item and over the course of the month will be sent monthly. Requested payment schedule is negotiable, but requested to be net 60 days. Nastich Law, a Professional Corporation's Proposal to the City of Santa Ana to Provide Administrative Hearing Officer Services City Council rage D Ur 13-64 3/18/2025 Santa Officer (Fkria�l Wi�tli 7 1 ) S ................ . N 021325 Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAATJSxleau4z7VKSLg2H89z2AuK1 n3o9w1 "Santa Ana-Natisch Law - Administrative Hearing Officer (Final with exhibits)(2019407.1) SLN 021325" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:29:48 PM GMT 'k Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:30:07 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:08:25 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:08:57 AM GMT - Time Source: server IC) Agreement completed. 2025-02-28 - 2:08:57 AM GMT I y ouncl 13 — 65 3/18/2025 EXHIBIT 5 AGREEMENT WITH PALACIOS LAW OFFICE TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Palacios Law Office ("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 October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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 On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 66 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 67 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 68 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 69 3/18/2025 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 70 3/18/2025 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, City Council 13 — 71 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 72 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 73 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Palacios Law Office Attn: Elio Palacios, Jr. 7121 Magnolia Ave. Riverside, CA 92504 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. [signature page to follow] City Council 13 — 74 3/18/2025 IN WITTNESS �k`] 1FRIF"01', flie parties, 1-iereto.have execuued this Agreement the date and year 1IT".st above vvritten. �IlMllllll Jennifier L. flail (Jiv 0erk APPROVED ASTO FOWN't SONIA R. CM�VALHO City Attorney ft By IVIclissa M, crosthNVW[e, Seitiow Assistant GIv Attornev I RECOMMENDED FOR APPROVAL. Aic,,,Trinidad Aclim,2 [�Xecludve Director Finance & Managen-im, Services Ap,�,,nicv Z-11 CITY OF SANTA ANA Alvaro Nufiez City kfianaoer n PAL.A,C10S [,M�V, OF'Fl(.-.'E Palacios, Jr, Owner City Council 13-75 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 76 3/18QP5 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 77 3/18Qb215 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 78 3/18Qb21$ of 34 Exhibit B Elio Palacios - Proposal for Hearing Officer Services (RFP No. 24-127) Cost Proposal Initial Term of Agreement: A. Hourly rate for hearings conducted virtually, billed at quarter hour increments - $250. B. Hourly rate for hearings conducted at Santa Ana City Hall, billed at quarter hour increments - $250. Minimum is 2.0 hours of hearing time per hearing day. C. Hourly rate for hearing preparation and document review, billed at quarter hour increments - $250. D. Hourly rate for hearing closeouts and preparing written determinations, billed at quarter hour increments - $250. E. Rate for hearing time for each no-show appellant - $125. F. Cancellation rate for an entire hearing day that is cancelled with 48 hours or less notice - $500. G. Initial Orientation & Subsequent Trainings Hourly Rate, billed in quarter hour increments - $250. The minimum is 2.0 hours. H. None. City Council 13 — 79 3/18/2025 Officer (Fkr4l Witli Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA1 B4SmPLkaK7y8cLq_GHP99hmsEkSuEtz "Palacios Law Office - Administrative Hearing Officer (Final with exhibits)(2019418.1)" History u'"° Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:34:32 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:35:01 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:13:11 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:14:04 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:14:04 AM GMT I y ouncl 13 — 80 3/18/2025 EXHIBIT 6 AGREEMENT WITH ROBERT M. SNIDER TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Robert M. Snider, Attorney at Law ("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"). RFC1TA1N% A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 81 3/18/2025 c. Consultant shall perlonn and complete its assigned services as expeditiot,isly as iis consistent with generally accepted standards of professional skill and care, and the orderly progress of Avork, and in as fair, unbiased and neutral manner, Details of the pro.ject timelines, including a completion schedule Ior Consultant's services, shall be provided, in writing, to the City, Consultant and City agree that the completion schedule represents the blest estimate of the schedule for services and provision oftinal work product to the City. Consultant shall comply with all completion dates, noted, including but not fir nited to, preparation of written decisions, which set' forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions, of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadlines may delay issuance ol" payment arid/or allow the City to exercise its option to terminate the Agreement pursuant to Section, 15, below, 2. COMPENSATION a; City neither warrants nor guarantees any mirumun"i 01' JTIaXnTIIUro COITIPCnsation to Consultant under this Agreement,, Further, City's selection of Consultant tor assigrinient(s) shall be tit its sole discretion and not based on any expectation of favorable outcornes or decisions in any hearing(s), Consultant shall be paid only Ior actual approved services perl"ormed under this Agreement at the rates land charges identified in Exhibit 8 orripensation, Consultant is one ofeight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127, The total compensation for services provided by all Consultants selected under RIT No, 24-127 is a collective amount not to exceed $2,770,000 during thin terin of the Agreement, including any extension periods, K Consultant shall submit its invoice ror paynicnt no later than sixty ( tit( ) days firoin written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. c. Payment by City shall be made within forty-five (45) days fiollowing reecipt of proper invoice evidencing work, pertbrinl2d, subject to City accounting procedures. City and Consultant agree that all pa�,,ments due and owing under this Agreernent shall be made through Automated. Clearing HOUSe (ACH) transfers. Consultant agrees to execute the City"s standard ACC Vendor Payment Authorization and plrovide required documentation. Upon ve6fication oft ae data provided, the City Nvill be authorized to defx)sik, payrneni's directly hill ("'onmiltant's accoum(s') W411 financial InsOwliolis, I 'FERM This Agreement shall commence on the date first written above for as three (3) year term ("Term") with the option for the City, at: its, sole discretion, to grant a twos (2) year extension, ("'Extended Term") exercisable by as 'writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below, City Council 13-82 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be ail it'idepei,idetitConsultant ai,idtiota.tiet,nployeeol"the City. 'TlijsAg,t,eeaiientistrot iiiiendecitiordial ll it be construed to create an erripfoyer-ern ployee 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. Consulumt shall pay all salaries arid wages, employer's social securihr taxes, unemployment insurance and similar 'taxes relating to employees arid shall be responsible for all applical-)IC withholditiLl taxes, 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sul.)Hcense any and all copyrights, designs, and other intellectual property� embodied in plans, specifications, Studies, dra\vings, estimates, and other documents or work 'S of authorship fixed in any tangible medium of expression, including but not limited to,, physical drawings, or data niagnetically 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 Im any Documents & Data the subcontractor prepares under this AgTeen'lent, 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 t() Documents & Data which were provided 'to Consultant by [lie City. City shall not be limited in any way in its use of the Documents arid, Data at any time, provided that any such use not within the purposes intended by this Agreement shall beat City's sole risk, 6. INSURANCE; MINIMUM SCOPE AND IAMITOF INS TRANCE a. Prior to undertaking performance of' work under this, Agreement, Consultant shall 01flintain and Shall retluire any s tibot-oi t r"ict of's U') obtairl andi maintain insurance as described below for the entire Term and Extended Term, if appl'�icable, 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. Commercial General Liability (CGL): Insurance Services Off -ice 1,-orm CG 00 Olcovering CGL on an "occurrence", basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with, tirnits, no less than $'1,000,000 per occurrence and $2,0100,000 aggregate, Required policy limits can be met with primary and umbrella/excess insurance policies, Automobile Liability (AL): Insurance Services Office Form CA 010 01 covering Code I (any auto), with limits no less than $1,000,000 combined single limits In City Council 13-83 3/18/2025 the event. Consultant does [lot maintain commercial autornobile liability insurarice, City will accept evidence of personal aLlIODIONC insurance. Workers' Compensation (W/()as required by the State of California, with Statutory Limits, and Employer's Liabilit ' v Insurance with limit of no, less than $1,000,,000 per accident, policy or employee, for bodily injury or disease. Coverage is riot required if Consultant has no employees and signs request to waive such insurance, 4, Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b, It' Consultant maintains broader coverage, and/or higher limits than the inininium requirements for each line of coverage shown above, City shall be entitled to the broader coverage, andJor the higher limits maintained by ;"on multant. 'Where the policy hmiLs are greawr ttian those listed by this Agrecnicm, Ow amounts, provided by tile, certificates of insurance shall be incorporated by reference in to the Agreement, ' c. The above required insurance policies are to contain or be endorsed to contain tile lWlowing provisions: I City, its City COLUICII, Its Officers, o1*11cials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CG L, Pl, and AL policies, with respect to any liability arising out of Avork or operations perl'ormed by or on behalf of the Instructor including rriaterials, parts, equipment,, and personnel furnished in connection with such work or operations, Amy Consultant and its, Insurance company(i I es agrees to waive all tightsof'subrogatiOn against City, its City Council', its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from work performed by Consultant under this Agreement, 3. For any claims related to this contract, Consultant's insurance coverage shall be prinvity and any irisunince by ("ity, its City Council, its officcrs, 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 sliall be provided to City for policy cancellation or non -renewal due to non-payment of premium, 6 Certificate Holder on each Evidence 01111SLIMI)CC certificate shall be� City ofSanta Ana, Attention: Community Development Agency, 20 Civic (.enter Plaza, M-25. Santa Ana, CA 2701, The name and location of project must be included in tire Descilption of ("operations section ofeach certificate, City Council 13-84 3/18/2025 d, Self-lusured Retentions. Self -insured retentions iriust be declared tom and approv't,,cl by, the City, The City may require the Consultant to purchase coverage with a loNver retention or provide proof of abilit.Y to pay losses and related investiganions, ctairn adirunistration, and defense expenses withini the retention e. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of Califorruavvith a Current A.M. Best rating of no, less than A,ill, unless otherwise acceptable to City, Verification, of Coverage. Consultant shall furnish City with original Certificates of Insurance inclm in J crulmicrs of tlmrw;pfulrc,rw.lmle policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all Pofim policy endorsements before work begins. Howevei, failure to otmain the required documents prior to the work beginning shall not Nvaive Consultant's obligation to provide thorn. City reserves the right to require con"iplete, certified copies oF all required insurance policies, including endorsenients required by these specifications, at any time, g, Special Risks or Circumstances. City reserves the right to modify these requirernerns, including its, basedon the nature of the risk, prior experience, insurer, coverage., or rpeclaJ cnces, 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless, the City, its officers, agerits, ei'riployees, contraclofs, spcclal, Counsel, and representatives faml liabilky, ( 1) for personal injury, damages,just compensation, restittition,judiclal or equitable relief arising out of claims for personal injury, Including death, and clafiris for property damage, which may arise front the negligent operations of the Consultant, its agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement-, and (2) frorn any claim that personal In ' jury, dainages, just conipensatioii, restitution, JWicial Or equitable relief is due by reason of the terms of or effects arising frorn this Agreement, This indemnity and hold har-mles , s agreement applies to all claims for damages, .dust compensation, restitution, judicial or equitable rel iel'Alffered -, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of tile terms of, or effects, arising from this Agreement. 'FlicConsultant furthei°agi,-ees to inderrinif7v, hoWharmless, and pay all costs for the defense ofthe City, including fees and costs.., for special counsel lobe selected by the City, regarding any action by ailtird 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 leans of,, or effects arising fi,orn this Agreement, City may niake all reasonable decisions with respect to its representation in any legal proceeding, Notwit hstanding the foregoing, to the extent Consultants services are suljcct to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil C ' 'ode Section 278,2.8, to claims that arise out of, pertain to. or relate to time negligence, recklessness, or vvillful misconduct of the Consultant, City Council 13-85 3/18/2025 8. INTELLU-111 UAL PROPERTY INDEMNIFICATJON 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 infringernent, 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 perfonned on(Jer ihis A,recnicnj, i l � a nunn colliffloc arld accurate; records witli speci to pil Sh il T1, j the costs, incurred under this Agreement and any services, expenditures, and disbursen,lents charged to the City for a minitnum period of'three (3) years, or for any longer period required by law, from the date of final payment to Consultant Linder this Agreement. All such records and invoices shall be, clearly identifiable. COMSUItant shall allow a representative of the City to examine, audit, and make transcripts Or copies of such records and any other dOCL11111ellts cre Ated 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 data of firial payment to Consultant under this Agreement, CON FIDENTIA LIT V If Consultant receives 1"rolu the Oly in.forniatiol,i, which due to [lie nature of* such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonriation except in file per-forniance of this Agreement, and ('urther agrees to exercise the same degree ol'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 inf'ormation, transfbrred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary arid/or agent of the other party is covered by this Agreement, 'rhe foregoing obligations of non-use and nondisclosure shall not apply to any inforination that a) has been disclosed in publicly available sources; (b) is, through no fault of the (-otisultant dischosed Ho a pul)licly avallabic sourcc,, (c) is in rfghtfiil possessiorl 4If di c consuh ant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; OT (C) is independently developed by the Consultant without reference to, information disclosed by the City. 11. CONFLICTOF INTEREST CLAUSE Consultant covenants that, it presently has no interests and shall note have interests, direct or indirect, which Would conflict in any manner with perl'orniance of services specified under this Agreement, Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status,, City Council 13-86 3/18/2025 sexual orienta,tion, gender identity, gender expression, gender, inedical 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, protnotion, termination or other etriployment 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 lzvs and regulations, 13. ]EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive staternent between the City, and Consultant, and supersedes any, and a)) Mier or'd or Written, [)Ctween dic In the event of a conflict between the terms ofthis Agreernent and any attachments hereto, the terms ofthis Agreernentshall prevail. "I"his Agreement may not ' be modified except by written instruinent signed by the City and by an authorized representative, of Consultant. The parties 9a ec that any T 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 oCher-wrl se, have been made by any party, or anyone acting on behalf ol" any party, which is not ernodied erein, 14. ASSIGNMENT Inasmuch as this Agreenient is intended to secure the specialized SCI'ViCCS OTC011SUltant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent oftbe City and any such assignment, transfer, delegation or subcontract without the City"s prior written consent shall be considered null arid void, Nothing in this Agreement shall be construed to lunit the City's abilityto have any of the services which are the sub� ect to this 'i Agreement performed by (,',try personnel or by other C'.'onsultarus retained by CAN,, 15. ']"'ERMINAriON '"I"his Agreement may be terminated by the City upon thirty (30) days, written notice of wrni1nabon, In such ovow'j to the CXt0111 requircd [)y laiv, Consuhkirfl shall he onotled u') roo.,Jvc, and the City shall pay Consultant col npensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of terinination. Further, the, Executive Director may require Consultant to deliver to the City al,l work product(s) completed as, of such date, and III SLIC11 care. sucli ivory prodUd 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. 16. WA I'VE R No, waiver of breach, Failure or any condition, or anv rigN or rernedy 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 ofany breach, failure or right" or remedy shall be deemed a Nvaiver of any other breach, failure, right or rernedy, whether or not City Council 13-87 3/18/2025 similar, not shall any waiver constitute a C01161ILling waiver unless the wo-Iting saa specii'les, 17. JURISDWTION - VENUE This Agreement has been executed and delivered in the State of California and the vafidty, interpretation, pertbrinance, and enforcement of any of the clauses of this Agreernent 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. PROFf',SSIONAL LIC"UNSUS Consultant shall, throughout the term opt` this Agreement, maintain all necessary licenses, pennits, approvals, Nvaivers, and exenilptions necessary for the provision of the services hereunder and reClUired by the laws and regulations of the United, States, the State of California, the City of Santa Ana and all other governinental agencies.Considtant shall notify the City ininaediately and ul writi ' ng ofits inability to obtaior rnaintain such permits, ficense s, approvals, waivers, and exerriptions, Said inability shall ben cause for, termination ofthis 'uses, 19. NMICE Any notice, tender, demand, delivery, or other cory, In unicat), oil pursuant to this Agreement shall be in writing and shall be deemed to be, properly given if delivered in person or mailed by th-st class or certified mai I, postage prepaid, or sent by fax or other telegraphic communication 1ri the manner provided in this Section, to the f'olloNving persons: TO City: City Clerk City or Santa, Ana 20 Civic Center'Plaza (M-30) P4.) fiox )98'8 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Finance & Management Services Agency City of Santa, Ana 20 Civic Center Plaza (M- 151) P.0, Box 19,88 Santa Ana, Cafitbrrua 92702 am City Council 13-88 3/18/2025 Executive Director Coilimunity Developillent Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.0, Box 198,8 Santa Ana, California 91.702 To Consultant: Robert M. Snider, Attorney at Law I "os 10 1`6 cc H o x 1124 3 balm Desert, CA, 92255-1141 A party may change its address by giving notice in writing to the other party, Thereafler, any coalmunication shal"I be addressed and transinitted to the neNv address. If sent by alail, communication shall be effective or deenied to have been given dirce (3) days of 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, conimunication shall be effective or deerned to have been, given twenty-four (24) hours after the I -lime set foilh on the transmission report issued by the transmitting facsimile rnachine, addressed as set forth above, For poilioses ofcalculating the finie Frames, weekends, federal, State, County or Cily holidays shall 'be excluded, 20. MISCELLANEOUS PROVISIONS a, EaCh Undersigned represents and warrants that its signature herein below has tile po'wer, authority and rigft to hind their respective parties to each of the term s of this Agreement, and shall inderrillify City fully, including reasonable costs and attorney'; 'Fees, for any fqjuries or damages to City in the event that such authority or Power is riot, in fact, held by the signatory or is withdrawn, b, All Exhibits refierenced herein and attached hereto shall be incorporated as if ffilly set forth in the body of this A gree) i jellL [signature page (o follow] City Council 13-89 3/18/2025 IN bWl'T'NESS WHEREcu OF, the parties her have exeted this Agreement the date and yell rirst aove writlen. Jennifer L., Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALI.-K) City Attorney By: Melissa M. Crosthwane Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: I,! , I A 1 �5 (A I ', I Alex Trinidad Acting Executive Director Fina,nce & Management Services Agency CH"Y OF SANTA ANA Alvaro N'uflez City Manager CONSULTANT Robeft M. n'der City Council 13-90 3/18/2025 (9) CITY OFSANTA ANA Services performed by Consultant shall include, but are not limited to the following: 1, For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City, Z Comply with the Model Code of Ethics published by the National Association of Hearing Officials, 3, Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations, 4r, Prepare for hearings, as scheduled by City staff, inClUding notification of the hearing type!, date, time, and location to petitioner/appellant�, 5. Review case documentation submitted with petitions or appeals, and identifying and, communicating potential concerns to the City. 6, Perform legal research, and interpret complex statutes, poiicies, and procedural guidefineits, 7. Instruct participants in hearing of their rights and applicable hearing procedures, 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9, Hear testirnony and evidence from parties regarding the issues, 10. Prepare written decisions, which set forth the legal and evidenfiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC), 11, Perform all other services as Outlined in the resulting agreement for services upon award, 12. Hearing Officers will confirm the absence of conflicts before undertaking, any new matters for the City. Hearing Officers will' inform and seek the consent of the City before representing another chent in any matter directly averse to the City (e.g,, transactions, negotiations, proceedings, or other representations involving sipecific parties), 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments, Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination, of the Agreement with the City. 14. Hearing preparation could include, but is not, limited to, reading the file materials and familiarization with SAMC provisions at isst.m, hearing materials, and rules of ev"dence, 15—.Tirtual Hearings: City will provide virtual meeting iink to all, partiesThe dates and times of said hearings shall be designated by the City, but normally will beconducted during the City's Regular Business Hours, City Of sQkQouncil RFP 1 13-91 3/18/2025 No 2,4-27 Page '17 of 34 C) CITY OF SANTA ANA a. The Cit� 's Regular Business Hours, excluding City holidays, arey * Monday through Thursday from 7:30 AM to, 510i PM; and * Alternate Fridays from 8:00i AM to 5:0O PM 16. ln-Persion Hearings: City will provide hearing rooms, use of copiers, documents, rnaterials, and equipment necessary, for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regiular Business Hours of the City, Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center, Plaza, Santa Ana, CA 92�701 '17. All hearings shall be conducted iri English and,, if ri�ecessary, with the assistance of foreign language translator as provided by petitioners/ap,pellant�s/aip,pparties or the City, I& City staff will' coordinate the recording of hearings, if applicable, Assistance may be requested from the Hearing Officer during recording sessions. 1. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. I Hearing Officers shall be required to subrnit a typed Staternent of Decision for each hearing conducted within the statutorily or City required tirne following the closing of the hearing record' in a format approved by the City. The decision shiaH include findings, conclusions, and provide judicial review information, Failure to comply with required timelinies for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services re,ndef-ed each month, including the case number, hearing date, time incurred, and hourly rate, Administrative Hearing Officers and their relevant serv' ices will be made available per SAMC for the subject areas listed below, Full text for all SAMC referenced herein is available at, b!1p§L//wwwsanta-, r, Code Enforcement • Related to the broad enforcement of the City of Santa Ana Mun:icipal Code, including but not limited' to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, plan ni, ng/zoning,, and' aP other Code Enforcement abatement actions • Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the, Planning and Bu0ding Agency at the approval of the Executive Director of Planning arid Building or their designee, A,5,Q,i4X,,Qouncil 13-92 3/18/2025 NF P No 24. 1,??' PmVe 18 of 34 (D M U12.1, 2. Environmental Sanitation Violations * Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, iOegal adverfising, and weed/rubbish abatement 3. Buildings and, Structures 0 SAMC § 8 (Various Subsections) # Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4, Rent Stabilization and Just Cause Eviction • SAMC, § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving lanidlor,d(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "Just cause" requirements for termination of tenancies, and establishes a rental reglistry) 5. Refuse Violations SAMC § 16 (VariOL,Ir,,Subserflons,,) belated to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90througih 18-105,i SAMC §! 22-1 through 22-16 • Related to public safety regulation of certain businesses including 'tobacco retail licenses and massage establishments 7. Non -Regulatory Business, License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due tothe City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 0 SAMC § 21-41 # Related to the determination of the amount of iicense tax due to the City from a cannabis operator, together with any ena'ities, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known, as Transient Occupancy Tax) 0 SAMC § 35-133 0 Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rerit charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services SAMC § 35-173 Related to the determination of the amount of tax due to the City from every person usinig electricity, as, and telecca)rnunication services within Santa Ana City' f San CAYA,19ouncil 13-93 3/18/2025 oRFP No24-127 Page 19 of 34 COST MOPOSAL L My curreiit billi rig rate is U50. 00 per flour, While I've iiever lAted a flat fee rather diwi imi eiiieiiLal time, I vvould hoitor. die City's tw6creixe wid would profw)se a two -der in- voice structure. 2. Routirle hearitip iii ffie categories in Att.cal rrienl'A, whether in -person orvulual, will be billed at $21500,00, Lengthy or more con,)plex ficaritigs, w1iicli would be rare, will be billed, at $5,000.00, 3, " I', lie, rates are, all-cricompassingtart d include admilliStrative, tasLs, hearing prepara. tion, documerit. review, condit:t of licafings, adjudicatims, arid closirigs. 4. flcariiigs canccied wid-lin,18 hours schedulcd rin�ic ;%ilf rcstiftizi a,6,500.00 5. Applicants not appearing f*or mi in-j)erson liearing wiU give rise, to a 8500.010 cbarge� 11cre is no chargt', 161, no-sllow applicaw.,,; appcariilg vir�uaUy. 6. No fee is, assessed for initial orientation arid subsequem tray iiiigs, whedier (,-)r riot City Council 13-94 3/18/2025 Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAwTH_gjVjlPkQslAcnYIK7CkgpAEeLLbI "Santa Ana contract - Bob Snider" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:28:00 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:29:33 PM GMT c...,) Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-27 - 8:16:57 PM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:08:14 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:08:14 AM GMT I y ouncl 13 — 95 3/18/2025 EXHIBIT 7 AGREEMENT WITH SERVIAM BY WRIGHT LLP TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Serviam by Wright, LLP, a California limited liability partnership ("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"). RFC1TA1S% A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 — 96 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13 — 97 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 $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 (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13 — 98 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. 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, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13 — 99 3/18/2025 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 13 — 100 3/18/2025 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, City Council 13 — 101 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13 — 102 3/18/2025 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 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 And City Council 13 — 103 3/18/2025 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Serviam by Wright, LLP Attn: Curtis R. Wright, Managing Partner 3 Corporate Park, Ste. 100 Irvine, CA 92606 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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. [signature page to follow] City Council 13 — 104 3/18/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _( . Melissa M. Crosthwaite Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Alex Trinidad Acting Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager SERVIAM BY WRIGHT, LLP Curtis R. Wright Managing Partner City Council 13 — 105 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. city oCilytrAwncil RFP No. 24-113 — 106 3/18b4b2t5 of 34 (D CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hh!!pa-//www.santa- ana.org/charter-and-municipal-code/ 1. Code Enforcement Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. city oCilytrAwncil RFP No. 24-113 — 107 3/18Qb2t5 of 34 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana city oCilytrAwncil RFP No. 24-113 — 108 3/18Qb2t$ of 34 SERVIAM , WRIGHT Exhibit B 12,10FOXOGINNIM COST PROPOSAL SERVIAM's hearing officer rates: 0 Virtual hearing flat rate: $245 for one hour. • In -person hearing flat rate: $295 for one hour. • Rate for hearing preparation and document review: $245 for one hour. • Rate for preparing written decision: $245 for one hour. • Additional time: 245 per hour. City Council 13 — 109 3/18/2025 u IIII Ili Illm IIII Ill Ills Ills IIIL Ills iiiiHearlkrlg Officer (FkI i �t � Ills b 11 �t 431) (S e ry i a im s ii Illin e d) Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAa8hLTXzc3-aJ8GwvR102jFz4PUOcGrxW "Serviam by Wright - Administrative Hearing Officer (Final with E xhibits)(2019430.1) (Serviam signed)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:30:25 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:30:53 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:09:05 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:09:55 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:09:55 AM GMT I y ouncl 13 —110 3/18/2025 EXHIBIT 8 AGREEMENT WITH THE ADR COACH, INC. TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between The ADR Coach, 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 October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as -needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under 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 On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. City Council 13 —111 3/18/2025 c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as -needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed $2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment, as properly assigned by the City per Section 1, above, is completed. 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. This Agreement shall commence on the date first written above for a three (3) year term ("Tenn") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Tenn") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City Council 13-112 3/18/2025 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. 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 and Extended Term, if applicable, 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. 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 (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto), with limits no less than $1,000,000 combined single limits. In City Council 13-113 3/18/2025 the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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, 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 (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. The above required insurance policies are to contain or be endorsed to contain the following provisions: I. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, PL, and AL 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 and its 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 the CGL, AL, PL, and W/C policies, arising 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: Community Development Agency, 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. City Council 13-114 3/18/2025 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:Vll, 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 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 agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity 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. City Council 13-115 3/18/2025 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, City Council 13-116 3/18/2025 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, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further, 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. 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 City Council 13-117 3/18/2025 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 pen -nits, 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 Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M- 15) P.O. Box 1988 Santa Ana, California 92702 City Council 13-118 3/18/2025 M149 Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: The ADR Coach, Inc. Attn: Angela Shaw, Principal 3782 Wellington Rd. Los Angeles, CA 90016 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. [signature page to follow] City Council 13-119 3/18/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: 4 Le r3riej;kcl Alumnd, , I Ird 1=b2/ 202, lY 11J 1',1 1 Alex Trinidad Acting Executive Director Finance & Management Services Agency �, �L, �,R , Alvaro Nuftez City Manager THE ADR COACH, INC. — a2l�*4� Angela Shaw Principal City Council 13-120 3/18/2025 EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials, 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours, ci F - rxr-r, 114W. r�- 141 37' vl-tymncil 1 3-121 3/1 EV2625 (9) CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In -Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. 0 Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City, 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: hqp§:HwWw.santa- sba,,or /qharter-and-rnU.!1jci al- `0dP/ 1. Code Enforcement • Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions • Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. elf 34 City Council 13-122 3/18/2025 99191MA, "W"11, 11,11 1 � 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments SAMC § 18-90 through 18-105; SAW § 22-1 through 22-16 Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non -Regulatory Business License Tax SAMC § 21-41 Related to the determination of the amount of license tax due to the City from any business operator (aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax SAW § 21-41 Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAW § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services SAMC § 35-173 Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana C1f 34 City Council 13-123 3/1�/fd�5 Exhibit B Cost Proposal for Hearing Officer Services - The ADR Coach, Inc. 1. Introduction This cost proposal outlines the fixed rates for providing hearing officer services to the City of Santa Ana. Services include conducting hearings, reviewing documents, preparing written determinations, and handling no-shows and cancellations, as per the City's requirements. 2. Fixed Rate Fee Schedule The following is a fixed fee schedule covering various aspects of hearing officer services as requested: A. Virtual Hearings (Flat -Fee, Per Hearing) • Rate per hearing conducted virtually: $350.00 B. In -Person Hearings at Santa Ana City Hall (Flat -Fee, Per Hearing) • Rate per hearing conducted at City Hall: $425.00 C. Hearing Preparation and Document Review (Flat -Fee, Per Hearing) • Flat fee per hearing for preparation and document review; $150.00 D. Written Determinations and Hearing Closeouts (Flat -Fee, Per Hearing) • Flat fee per hearing for preparing written determinations and ctoseouts: $350.00 E. No -Show Charge Fee for no-show applicants: $350.00 (virtual), in -person hearing - $425.00 F. Cancellation Rate Cancellation fee: $350.00 within 48 hours or 2 business days of scheduled hearing O. initial Orientation and Subsequent Training ® Hourly rate for orientation and training sessions: $150.00 per hour • Minimum Charge: If applicable, include minimum charge: $150.00 • H. Other Fees 3. Payment Schedule Invoices will be submitted monthly, itemizing the services provided per this fixed fee structure. Payments are due within 30 days of receipt. City Council 13 — 124 3/18/2025 Created: 2025-02-27 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAASZusD6UbUTbNBgAtUlZxhiUxJSKRHc94 "CITY OF SANTA ANA CONTRACT - THE ADR COACH INC - FEB 18 2025" History u"I"0 Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27 - 5:31:03 PM GMT ��� "'o, Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27 - 5:31:24 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-28 - 2:10:10 AM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-02-28 - 2:10:53 AM GMT - Time Source: server Agreement completed. 2025-02-28 - 2:10:53 AM GMT I y ouncl 13 — 125 3/18/2025 Information Technology www.santa-ana.org/IT Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Data and Video Communication Services AGENDA TITLE Agreement with Charter Communications, LLC for Data and Video Communication Services (Specification 25-037) (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Charter Communications Operating, LLC (doing business as Spectrum) for data and video communications services, in an amount not to exceed $300,000 annually or $2,100,000 over the life of the agreement, for a four-year period beginning March 18, 2025 through March 17, 2029, with provisions for three, optional one-year renewals (Agreement No. A-2025- XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION As the local cable franchisee, the City of Santa Ana has long utilized video services provided by Charter Communications (formerly Time Warner Communications and Adelphia Communications). In June 2014, the City expanded its service portfolio by incorporating data services through Time Warner Business Class, enabling the connection of various remote sites —such as libraries, community centers, parks, and other municipal facilities —to the City Hall network. Currently, 26 City facilities, including Santa Ana City Hall, Santa Ana Public Libraries, and multiple park and community locations, rely on these data connections for operational efficiency and seamless communication. These services support a range of critical municipal functions, including public safety operations, community engagement initiatives, and digital services that benefit residents and businesses. For most locations, these data connections serve as the primary network link. In select sites, they function as redundant backup connections, ensuring continuity in the event of network disruptions. This dual -role infrastructure not only enhances the City's digital City Council 14 — 1 3/18/2025 Data and Video Communication Services March 18, 2025 Page 2 resilience, but also improves overall network performance allowing for faster, and reliable service delivery across departments. When deploying Charter data services at a new location, the vendor installs a dedicated fiber connection that is fully managed and routed back to Santa Ana City Hall. A key advantage of this agreement is that Charter does not impose any upfront construction costs for fiber installation at City sites. However, to access these services, the City must commit to a minimum 36-month lease per site. Given the long-term benefits and cost-effective nature of this arrangement, staff recommends securing an extended multi -year authorization from the City Council to maintain continuity and maximize operational efficiencies. Santa Ana City Ordinance No. NS-3041 authorizes the City to make non -bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the data and video communication services offered by Charter Communications Operating, LLC (doing business as Spectrum) meets agency specifications. Charter owns and operates the existing infrastructure within the City's region. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 24-25 budget, with funding for subsequent fiscal years to be included in proposed budgets for City Council consideration under various departmental Professional Services Expense accounts (No. 62300). Actual usage may vary based on needs and budget capacity but will not exceed the contract limit of $2,100,000. Below is the estimated usage of funds: Fiscal Year Agreement Term Estimated Not -To - Exceed Amount FY 24-25 March 18, 2025 - June 30, 2025 $75,000 FY 25-26 July 1, 2025 - June 30, 2026 $300,000 FY 26-27 July 1, 2026 - June 30, 2027 $300,000 FY 27-28 July 1, 2027 - June 30, 2028 $300,000 FY 28-29 July 1, 2028 - June 30, 2029 $300,000 FY 29-30 July 1, 2029 - June 30, 2030 $300,000 FY 30-31 July 1, 2030 - June 30, 2031 $300,000 City Council 14 — 2 3/18/2025 Data and Video Communication Services March 18, 2025 Page 3 FY 31-32 July 1, 2031 - March 17, 2032 $225,000 Total $2,100,000 EXHIBIT(S) 1. Spectrum Master Service Agreement 2. Spectrum Service Order Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nunez, City Manager City Council 14 — 3 3/18/2025 SPECTRUM ENTERPRISE SERVICE AGREEMENT The customer identified below ("Customer") hereby acknowledges and agrees to the Commercial Terms of Service attached hereto ("Terms of Service") with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order"), which together with this agreement constitute the "Service Agreement" by and between Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the services hereunder ("Spectrum"). SupportSpectrum Sales Spectrum Account Executive: Wayne Gilchrist Office: (760) 674-5543 Mobile: (760) 289-9703 Email: wayne.gilchrist@charter.com Customer Information Customer Name (Exact Legal Name): City of Santa Ana Street Address: 20 Civic Center Plaza Suite: City: Santa Ana State: CA Zip: 92701 Customer's Main Tel. No.: (714) 647-5400 Customer Contact Name: Email: Tel No: Mike Fetner Mfetnerp_santa-ana.org (714) 647-5384 Melanie Torres Mtorresp_santa-ana.orq (714) 647-5373 Billing Address: 20 Civic Center Plaza Suite: M-42 City: Santa Ana State: CA Zip: 92701 Billing Contact Name: Email: Tel No: Melanie Torres IT AdminP_santa-ana.org I (714) 647-5373 Mike Fetner Mfetner santa-ana.or (714)647-5384 BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS. Authorized Signature for Customer Charter Communications Operating, LLC Mmmunications, By: Inc., its Manager hot a ' " -" By: By: Mark A Kornegay Name: Name: Title: Title: GVP, Vertical Markets Sales 2/24/2025 Date: Date: Approved as to Form Attest By. By: Nan4on Martinez Name: TitleAssistant City Attorney Title: Date: Feb 25, 2025 Date: Enterprise Service Agreement 240607 CONFIDENTIAL Page 1 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 4 3/18/2025 Recommended for Approval Name: Title: Date: Enterprise Terms of Service v 240607 CONFIDENTIAL Page 2 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 5 3/18/2025 COMMERCIAL TERMS OF SERVICE These Terms of Service include all Service Attachments (defined below), any applicable Service Level Agreements, and all other documents identified hereunder, each of which are incorporated herein by reference. The Service Attachments further describe Spectrum's services (each a "Service" and collectively the "Services") and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to herein as a "Party" and collectively as the "Parties." GENERAL 1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the latest date of the signatures of the Parties (the "Effective Date"). The Service Agreement shall remain in effect for forty-eight (48) months from the Effective Date (the "Term"). The Term may be extended up to three (3) times for terms of twelve (12) months by agreement of both parties in writing. Either Party shall notify the other Party of Its desire not to renew this Service Agreement by giving sixty (60) days prior written notice to the other party before the expiration of the then current Agreement Term. 2. SERVICES. Customer shall request Services hereunder by submitting Service Orders in a manner required by Spectrum. All submitted Service Orders are subject to approval and acceptance by Spectrum.Upon Spectrum's acceptance of a Service Order, as indicated by: (a) Spectrum's written acceptance, (b) Spectrum's delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide the Services to Customer at the Service address(es) specified in the applicable Service Order ("Service Location(s)"). 3. ORDER TERM. The "Initial Order Term" is the time period starting on the date the Services are functional in all material respects and available for use (the `Billing Start Date") and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one -month terms (each a "Renewal Order Term", collectively with the Initial Order Term, the "Order Term"), unless either Spectrum or Customer elects to not renew the Service Order by notice provided to the other at least thirty (30) days in advance of the expiration of the then -current Order Term. For the purposes of clarification, each Party's rights and obligations under this Service Agreement shall continue until the expiration or termination of any Order Term set forth in any Service Order under the Service Agreement. 4. AVAILABILITY OF FACILITIES. Customer understands that certain Services, or certain features, may not be available in all Spectrum service areas, may change from time to time and Spectrum may decline to provide any requested Services. Spectrum's ability to provide Services depends upon its ability to secure and retain, without additional expense, suitable facilities, third -party connections, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. If Spectrum is unable to secure and retain such items in accordance with the foregoing, Spectrum may decline to accept or cancel a Service Order upon notice to Customer in accordance with Section 5(f). Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network. yNI:wty4x•ZNe'llIIQkiWeT9191** �e1►I•II►[3Ire1IWevir[•]► (a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum -provided cabling, wiring, modems, related splitters, routers or other equipment ("Spectrum Equipment") used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer's request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer. (b) Installation Review. Spectrum may perform, either before or after acceptance of a Service Order, an installation review (including a review of Customer's inside wiring) of each proposed Service Location prior to installation of the Services to determine the serviceability of such network location and/or the need to extend Spectrum's facilities, fiber optic cable, electronics, or other equipment (collectively, the "Network") to provide the Services at the Service Location. (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer's equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 3 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 6 3/18/2025 In addition, Customer shall provide Spectrum with floor space, rack space, other space, wiring (except if wiring is to be provided by Spectrum as set forth below), and clean power all as is reasonably necessary for the installation, operation, and delivery of Spectrum Equipment and Services at the Service Location(s). Notwithstanding the foregoing, any wiring that Spectrum installs between the point of entry into the building at the Service Location to the applicable network interface device ("NID") is referred to herein as "Demarc Wiring." Any wiring from the NID to the terminating equipment at the Service Location (e.g., cameras, WiFi access points, phones, etc.) is referred to herein as "Inside Wiring." Spectrum will install Demarc Wiring as necessary in connection with installation of the Service. Additionally, Spectrum offers a wiring installation service related to certain Services, whereby Spectrum will install Inside Wiring if selected by Customer and Customer enters a Service Order for such installation. With regard to both Demarc Wiring and Inside Wiring that Spectrum installs, such wiring is considered part of the Spectrum Equipment. Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer's provision of space, power, inside wiring, or access as described herein, or otherwise in connection with Customer's performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services ("End User") shall be borne solely by Customer. Any failure or refusal by Customer to be ready to receive Services shall not release Customer from its obligation to pay Service Charges (defined below) for any Services that would otherwise be available for Customer's use. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At Customer's request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum's actual incurred labor, material or other costs for such non -routine installation or maintenance. Customer's authorized representative must be present during installation. If Spectrum is unable to install the Service as a result of (i) Customer's (or any End User's) failure to deliver any required materials, support or information to Spectrum; (ii) Customer's (or any End User's) failure to provide access to a Service Location; (iii) Spectrum's inability to obtain access to equipment at the Service Location as necessary for installation of the Service, or (iv) Customer's Equipment (as defined herein) being inadequate to interconnect with the Services, then Customer shall pay Spectrum a Service Charge at Spectrum's then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum's installation of the Service is delayed as a result of Customer's actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the "Ready Notice") and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice. Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, "Customer Equipment"), unless otherwise set forth in a Service Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. (e) Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by Spectrum's faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum's sole opinion, hazardous or dangerous to Spectrum's employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions. M Service Order Revisions and Cancellations. If, either before or after a Service Order is executed, or during the course of this Service Agreement, Spectrum determines that: (i) there is a lack of available service, facilities, or other items as detailed in Section 4, or the criteria outlined in Section 5 are not met; (ii) additional work is necessary to enable Spectrum to deliver the Services to the Service Location; (iii) access, transmission medium, equipment, adequate transmission capacity, services from or interconnection with the services or facilities of other providers, would require an additional cost or are unavailable; (iv) Customer's inside wiring is causing signal leakage which violates the Federal Communications Commission's guidelines; or (v) there is any other cause beyond Spectrum's control that causes an adverse effect on Spectrum's ability to provide the Service, then Spectrum may, at Spectrum's sole discretion, either decline to accept or cancel a Service Order. Alternatively, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order. If Spectrum notifies Customer that additional Service Charges will apply and if Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to cancel the applicable Service at the applicable Service Location or, if no Service Order has been executed, Enterprise Terms of Service v 240607 CONFIDENTIAL Page 4 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 7 3/18/2025 Spectrum has the right to decline to accept a pending Service Order 6. EQUIPMENT. (a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software on the Spectrum Equipment not provided by Spectrum, or otherwise tamper with or use any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's or an End User's facilities. Customer shall also ensure that all Spectrum Equipment at Customer's and End Users' Service Location(s) remains free and clear of all liens and encumbrances. (b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non -Spectrum switches, collectively, "PBXs"), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer's Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer's responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network. (c) Equipment Return, Retrieval, Repair, and Replacement. Upon termination or expiration of this Service Agreement or Service Order(s) ("Termination"): Customer shall immediately cease all use of and promptly return, if applicable, to Spectrum any software or software services provided by Spectrum ("Software"). Additionally at the discretion and direction of Spectrum: (x) Customer shall return the Spectrum Equipment to Spectrum; (y) Customer shall allow Spectrum to retrieve the Spectrum Equipment, which Spectrum Equipment must be in the condition in which the Spectrum Equipment was originally received by Customer, subject to ordinary wear and tear; or (z) Spectrum may choose not to recover all or certain portions of the Spectrum Equipment at the Customer's Location. If, upon Spectrum's request, Customer fails to return the Spectrum Equipment, or does not allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated, Spectrum may, at its discretion charge Customer an amount equal to: (i) Spectrum's then -applicable unreturned equipment charge, or the retail cost of replacement of the unreturned Spectrum Equipment; plus (ii) any and all costs and expenses incurred by Spectrum in obtaining or attempting to regain possession of the Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects. The proper disposition of any Spectrum Equipment that is not returned to, or recovered by, Spectrum will be the sole responsibility of Customer and must be in accordance with applicable laws. The foregoing Customer obligations will survive the termination of Service. 7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non -recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, "Service Charges"). (a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) ("MRCs"), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non -recurring, one-time charges ("OTCs"), such as construction or installation charges, after the Billing Start Date or as specified in the Service Order or as otherwise provided herein. All other charges, including usage -based charges (e.g., phone usage, pay -per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days' notice to Customer. (b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection Enterprise Terms of Service v 240607 CONFIDENTIAL Page 5 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 8 3/18/2025 with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum's net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer's tax exemption certificate or other documentation supporting Customer's certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer's account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from Spectrum's reliance on such invalid certificate or documentation. Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non -tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any federal, state, or local fees or taxes arising as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum's receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer's use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer's invoice. To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum's net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on Spectrum's net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum's collection or remittance of such fees, taxes, and surcharges. (c) Change Requests. Any charges associated with a Service, Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer's failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and Spectrum shall not be required to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer's next and/or subsequent invoice(s). (d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from the Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or due to similar acts by a third party not under Spectrum's control or direction, then Spectrum may invoice Customer at Spectrum's then -prevailing commercial rates for an on -site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third -party damage that may be necessary. (e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the Service Charges per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services. Spectrum may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card chargebacks. Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement. (f) Credit Verification. Spectrum shall have the right to verify Customer's credit standing at any time. W Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Enterprise Terms of Service v 240607 CONFIDENTIAL Page 6 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 9 3/18/2025 Service ("Bundle"), then the following conditions shall apply: i. In consideration for Customer's purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum's unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged. 8. ADMINISTRATIVE WEBSITE. Spectrum may, at its sole option, make one or more administrative Websites, including without limitation htt s://spectrumenterprise.net/, available to Customer in connection with Customer's use of the Services (each an "Administrative Website"). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Website and Customer must promptly change any Spectrum -provided user identifications and passwords to a secure, Customer -designated user identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Website and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Website. Customer shall be solely responsible for all use of the Administrative Website. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Website. Spectrum may change or discontinue the Administrative Website, or Customer's right to use the Administrative Website, at any time. Any additional terms and policies applicable to Customer's use of the Administrative Website will be posted on the site. 9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer's designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the installation, repair, and use of Customer Equipment, including without limitation, Customer -supplied third -party hardware, or software for the use of any Service or third -party services. Spectrum does not support third -party hardware or software used in conjunction with third -party services or supplied by Customer. Any questions concerning third -party hardware or software should be directed to the provider of that product. Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third -party software, or any Customer Equipment or Customer -supplied software with the Services. If such third -party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer's request, Spectrum should attempt to resolve difficulties caused by such third -party equipment or software, such efforts shall be performed at Spectrum's discretion and subject to Service Charges as set forth in Section 7. 10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS (a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer's internal business purposes and will comply with the terms of this Service Agreement. (b) No Reselling. Customer shall not re -sell or re -distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer's internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users. (c) No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference. Customer shall not interfere with or cause technical difficulties for other customers' use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes, other Services, or third -party providers. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 7 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 10 3/18/2025 (e) Applicable Laws. With respect to Customer's and End Users' use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. M Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer's use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third -party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a "Covered 911 Service Provider" as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission. For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement. 11. PERFORMANCE. Unless otherwise set forth in a Service Attachment or Service Level Agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time -to -time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum's reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement. 12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer's account or Services for the purpose of service quality assurance, or as permitted under applicable law. 13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION. (a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any Service Orders, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non -defaulting Party describing in reasonable detail the default or noncompliance ("Default"). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; or (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange. (c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment. (d) Spectrum's Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other remedies it may have under applicable law to suspend Services or any component thereof if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users' use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer's on -going obligation to pay Spectrum any amounts due under this Service Agreement. If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service. (e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination. In addition, if Termination is due to Customer Default or for Customer's convenience, Customer must pay Spectrum a termination charge (a "Termination Charge"), which the Parties recognize as liquidated damages and not as a penalty. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 8 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 —11 3/18/2025 This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs. The foregoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement. M Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18-22 and the Service Attachments shall survive the termination or expiration of the Service Agreement. 14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. (a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER'S EQUIPMENT AND CUSTOMER'S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED "AS IS, WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON -INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR ANY END USER'S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER'S OR ANY END USER'S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM'S THIRD -PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. (b) LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS SERVICE AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER'S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM'S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER -PROVIDED EQUIPMENT, FACILITIES, OR SERVICES. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 9 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 12 3/18/2025 15. INDEMNIFICATION. (a) CUSTOMER INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the "Indemnified Parties") against any and all third -party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following: i. Customer's misuse of the Services; ii. Customer's failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement; or iii. Personal injury or tangible property damage caused by Customer's or its employees' or agents' negligence or willful misconduct. (b) SPECTRUM INDEMNIFICATION. Spectrum shall indemnify and defend the Customer, its City Council, officials, directors, officers, agents and employees, (the "Indemnified Parties"), from and against any and all third party claims, liabilities, lawsuits, damages losses, judgments, costs, fees and expenses, including reasonable attorneys' and other professionals' fees and court costs„ for bodily injury, death, or tangible property damage directly caused by the negligence or willful misconduct of Spectrum, its employees, agents, or contractors, at the Service Location(s) as a direct result from Spectrum's installation, removal or maintenance of the Spectrum Equipment. Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim, at the indemnified party's cost. 16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spectrum's operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer's use of the Services as contemplated in the Service Agreement. Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement. The Service Agreement is subject to all applicable federal, state, or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Service Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance, or removal of the Services, facilities or equipment. 17. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi -government -imposed fees or charges that increases the costs or other terms of Spectrum's delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Services, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer's requested termination date. Further, in the event that Spectrum is required to file tariffs or rate schedules with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Services or any portion thereof, then the terms set forth in the applicable tariff or rate schedule shall govern Spectrum's delivery of, and Customer's use or consumption of the Services. In addition, if Spectrum determines that offering or providing the Services, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination. 18. ARBITRATION. Intentionally Omitted. 19. PROPRIETARY RIGHTS AND CONFIDENTIALITY. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 10 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 13 3/18/2025 (a) Spectrum's Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively "Spectrum Materials") shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non -transferable license to use the Spectrum Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum's prior consent. (c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non -transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer's internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer. 20. PRIVACY. Spectrum maintains a Privacy Policy that provides consumers with notice of Spectrum's collection, use, maintenance, and disclosure of information, and their rights and choices with respect to such practices under applicable US state and/or federal laws and regulations. The Privacy Policy may be found on Spectrum's website at https://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time -to -time by Spectrum, with or without notice to Customer. Customer's privacy interests, including Customer's ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in a Service Attachment, the Privacy Policy, and, if applicable, in Spectrum's tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril. 21. NOTICES. (a) Except for notice to terminate the Service Agreement or to disconnect any Services as set forth in Section 21(b) below, all other notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses If to Spectrum: Charter Communications Operating, LLC ATTN: Commercial Customer Agreements Corporate - Legal Operations 12405 Powerscourt Drive St. Louis, MO 63131 Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may Enterprise Terms of Service v 240607 CONFIDENTIAL Page 11 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 14 3/18/2025 change its respective address(es) for legal notice by providing notice to the other Party. Upon Spectrum's request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email. (b) Disconnect Notice. Customer may disconnect a Service or all Services under the Services Agreement by following the instructions available at this link: https://enterprise.spectrum.com/support/fag/account/how-to-cancel-service.html (such instructions in the link may be updated from time to time). 22. MISCELLANEOUS. (a) Entire Agreement. These Terms of Service incorporate all applicable Service Attachments located at https://enterprise.spectrum.com/legal/terms-and-conditions.htmi (or successor URL), as the same are updated from time to time ("Service Attachments"). A Service Attachment will apply only if Customer purchases Service(s) associated with the particular Service Attachment, and Customer's use of the Service(s) shall be deemed Acknowledgement that Customer has read and agreed to the applicable Service Attachments. The Service Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof. The Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of the Service Agreement, including without limitation any prior confidentiality or non -disclosure agreement between the Parties regarding the purchase and sale of the Services. Customer should also consult Spectrum's website,https://enteE2rise.spectrum.com/ to be sure Customer is aware of Spectrum's Acceptable Use Policies, Network Management Practices, applicable tariffs, online product descriptions, and other policies or practices that are applicable to Customer's use of the Services (collectively "Policies"). Customer's use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum's Policies as a part of the Service Agreement. (b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence. Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control. To the extent that the terms of any Service Order are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor -in - interest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors. (e) Severability. To the extent any term, covenant, condition or portion of this Service Agreement is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected, and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties. M Force Maieure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party's control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a "Force Majeure Event"). Changes in economic, business, or competitive conditions shall not Enterprise Terms of Service v 240607 CONFIDENTIAL Page 12 of 15 © 2016-2024 Charter Communications. all riahts reserved City Council 14 — 15 3/18/2025 be considered a Force Majeure Event (g) Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of California shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts -of -law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded. Any legal action brought under or in connection with the subject matter of the Service Agreement shall be brought only in the United States District Court for the Central District of California or, if such court would not have jurisdiction over the matter, then only in a California state court sitting in Orange County, California. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in Orange County, California, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. Except as otherwise specified in Section 7(e), any claim that Customer wishes to assert under the Service Agreement must be initiated not later than one (1) year after the claim arose. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (h) No Third -Party Beneficiaries. The terms of this Service Agreement and the Parties' respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties. (i) Waiver. Except as otherwise provided herein, the failure of Spectrum to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on Spectrum, any waiver must be in writing. 0) Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. (k) Insurance Requirements. Spectrum shall procure and maintain for the duration of the Service Agreement insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of Customer's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Company, its agents, representatives, or employees. Spectrum may look to its insurance coverage to satisfy any of its obligations under the Service Agreement. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including 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 general aggregate. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to Spectrum's profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Spectrum in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Spectrum's failure to provide professional services and/or products under this Service Agreement. The Policy shall include, or be endorsed to include damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of Customer in the care, custody, or control of Spectrum. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 13 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 16 3/18/2025 3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits. 4. Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Spectrum maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Spectrum's CGL, and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in connection with such work or operations. Spectrum's Insurance companies agree to waive all rights of subrogation against the 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 work performed by Spectrum under this Service Agreement. For any claims related to this contract, Spectrum's insurance coverage shall be primary, and any insurance maintained by Customer, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. A severability of interest provision must apply for all the additional insureds, ensuring that Spectrum'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. Thirty (30) days' prior written notice shall be provided to Customer for material change(s) to coverage and/or policy limits, policy cancellation or non -renewal. 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. 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 Customer. 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. 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 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. Verification of Coverage Company shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Company's obligation to provide them. Special Risks or Circumstances Enterprise Terms of Service v 240607 CONFIDENTIAL Page 14 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 17 3/18/2025 Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any changes to these requirements require a mutually executed Amendment to the Service Agreement. Enterprise Terms of Service v 240607 CONFIDENTIAL Page 15 of 15 © 2016-2024 Charter Communications, all rights reserved City Council 14 — 18 3/18/2025 A � � 'k IIII °° ' °'''° IIII °'I„ IIII IIII IIII I'"°° IIII Final Audit Report Created: 2025-02-26 By: MELANIE TORRES (MTorres@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAIZuQFskKSE7JOb2VMOQGIJhrtnp35IIG 2025-02-26 "250224 City of Santa Ana + Spectrum MSA (FINAL)" History �f Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2025-02-24 - 9:14:51 PM GMT Document created by MELANIE TORRES (MTorres@santa-ana.org) 2025-02-26 - 0:03:58 AM GMT Document emailed to Jon Martinez amartinez25@santa-ana.org) for signature 2025-02-26 - 0:11:53 AM GMT Email viewed by Jon Martinez Qmartinez25@santa-ana.org) 2025-02-26 - 1:37:30 AM GMT Document e-signed by Jon Martinez Qmartinez25@santa-ana.org) Signature Date: 2025-02-26 - 1:38:14 AM GMT - Time Source: server )rtAgreement completed. 2025-02-26 - 1:38:14 AM GMT Ada i y ounci 14 — 19 3/18/2025 9 1 0 � 0W�� MR SERVICE ORDER THIS SERVICE ORDER ("Service Order"), is executed and effective upon the date of the signature set forth in the signature block below ("Effective Date") and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder ("Spectrum") and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a "Service Agreement"). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Contact: Wayne Gilchrist Telephone: 760-674-5543 Email: wavne.ailchristCcacharter.com Customer Information Customer Name Order # CITY OF SANTA ANA 14441749 Address 20 CIVIC CENTER PLZ SANTA ANA CA 92701 Telephone Email: 7146475384 mfetner@santa-ana.org Contact Name Telephone Email: Mike Fetner 7146475384 mfetner@santa-ana.org Billing Address 20 CIVIC CENTER PLZ SANTA ANA CA 92701 Billing Contact Name Telephone Email: NEW AND REVISED SERVICES AT 1801 E Chestnut Ave Santa Ana CA 92701 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Hub - ELINE Master 48 Months 1 $0.00 $0.00 EVPL200Mbps 48Months 1 $840.00 $840.00 • $840.00 Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 1 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: ity Council 14 — 20 3/18/2025 9 1 0 � 0W�� MR NEW AND REVISED SERVICES AT 1 W Mcfadden1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL100Mbps 48 Months 1 $660.00 $660.00 Spoke 48 Months 1 $0.00 $0.00 • $660.00 NEW AND REVISED SERVICES AT 706 N Newhope1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Spoke 48 Months 1 $0.00 $0.00 EVPL100Mbps 48 Months 1 $660.00 $660.00 • $660.00 NEW AND REVISED SERVICES AT 1 S D_ 1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Spoke 48 Months 1 $0.00 $0.00 EVPL Custom Bandwidth 48 Months 1 $840.00 $840.00 • $840.00 NEW AND REVISED SERVICES AT .11 E Memory1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00 Hub - ELINE Master 48 Months 1 $0.00 $0.00 • $660.00 Spectrum Enterprise Service Order v210416 CONFIDENTIAL © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Page 2 of 6 Created Date: ity Council 14 — 21 3/18/2025 9 1 0 � 0W�� MR NEW AND REVISED SERVICES AT 340S W Castor1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Spoke 48 Months 1 $0.00 $0.00 EPL Custom Bandwidth 48 Months 1 $650.00 $650.00 • $650.00 NEW AND REVISED SERVICES AT 424 W • 1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Hub - ELINE Master 48 Months 1 $0.00 $0.00 EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00 • $600.00 NEW AND REVISED SERVICES AT 1 Memory1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Hub - ELINE Master 48 Months 1 $0.00 $0.00 EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00 • $660.00 NEW AND REVISED SERVICES AT 1 1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Hub - ELINE Master 48 Months 1 $0.00 $0.00 EPL Custom Bandwidth 48 Months 1 $1,309.00 $1,309.00 • $1,309.00 Spectrum Enterprise Service Order v210416 CONFIDENTIAL © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Page 3 of 6 Created Date: ity Council 14 — 22 3/18/2025 9 1 0 � 0W�� MR NEW AND REVISED SERVICES AT :1 E Mcfadden1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00 Hub - ELINE Master 48 Months 1 $0.00 $0.00 • $600.00 NEW AND REVISED SERVICES AT 2201 W Mcfadden1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00 Spoke 48 Months 1 $0.00 $0.00 • $660.00 NEW AND REVISED SERVICES AT 2627 W Mcfadden Ave Santa Ana CA 92704 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00 Hub - ELINE Master 48 Months 1 $0.00 $0.00 • $600.00 NEW AND REVISED SERVICES AT 2102 S Flower1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL100Mbps 48 Months 1 $650.00 $650.00 Spoke 48 Months 1 $0.00 $0.00 • $650.00 Spectrum Enterprise Service Order v210416 CONFIDENTIAL © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Page 4 of 6 Created Date: ity Council 14 — 23 3/18/2025 9 1 0 � 0W�� MR NEW AND REVISED SERVICES AT 401 N Sullivan St Unit Fiber,1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Spoke 48 Months 1 $0.00 $0.00 EVPL100Mbps 48 Months 1 $600.00 $600.00 • $600.00 NEW AND REVISED SERVICES AT 602 N Flower1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00 Hub - ELINE Master 48 Months 1 $0.00 $0.00 • $660.00 NEW AND REVISED SERVICES AT 11 1 Total Monthly Monthly Service Description Order Term Quantity Recurring Recurring Charge(s) Charge(s) Hub - ELINE Master 48 Months 1 $0.00 $0.00 EVPL100Mbps 48 Months 1 $660.00 $660.00 • $660.00 1. TOTAL CHARGE(S). Total monthly recurring charges and total one-time charges are due in accordance with the monthly invoice. 2. TAXES. Plus, applicable taxes, fees, and surcharges as presented on the respective invoice(s). 3. SPECIAL TERMS. For the purposes of this Service Order only, the Parties agree to the following provision. PORTABILITY. After the first twelve (12) months of the Initial Order Term of a Service hereunder, and upon at least sixty (60) days prior written notice to Spectrum, Customer may elect to terminate and move the Service from an existing Service Location (the "Original Location") to a new location within the Spectrum service area where use of a third -party service provider is not required ("New Location"). Such termination and relocation shall not be subject to a Termination Charge provided that Customer: (a) provides notice to Spectrum of the date on which Spectrum is to terminate Service at the Original Location ("Termination Date"); (b) places a Service Order for replacement Services at the New Location on or prior to the Termination Date; (c) pays Spectrum all amounts due and owing (including, without limitation, unpaid OTCs) as of the Termination Date Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 5 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: ity Council 14 — 24 3/18/2025 9 1 0 � 0W�� MR for all Services provided by Spectrum and the costs and expenses incurred by Spectrum to terminate Services at the Original Location (including, without limitation, applicable third -party termination charges); and (d) pays Spectrum upon receipt of invoice all applicable OTCs associated with the replacement Service at the New Location. Additionally, the replacement Service at the New Location must have a value (determined by multiplying the number of months in the replacement Service's Initial Order Term by such Service's MRCS) equal to or greater than the remaining value in the original Service (such value determined by multiplying the number of months remaining in the original Service's Initial Order Term by such Service's MRCS). By signing below, the signatory represents they are duly authorized to execute this Service Order Signature: Printed Name: Title: Date: Charter Communications Operating, LLC By: Charter Communications, Inc., its Manager Signed by: Signature: F8451=C.FE_1Cf U Printed Name: Mark A Kornegay GVP, Vertical Markets Sales Title: 2/24/2025 Date: Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 6 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: ity Council 14 — 25 3/18/2025 Finance and Management Services www.santa-ana.org/finance Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Early Direction for the Fiscal Year 2025-26 Budget AGENDA TITLE Early Direction for the Fiscal Year 2025-26 Budget RECOMMENDED ACTION Provide direction for preparation of the proposed FY2025-26 budget. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION This Early Direction agenda item marks the commencement of City Council deliberations for the upcoming FY 2025-26 budget. The report serves two purposes: to provide information relevant to the FY 2025-26 budget and future fiscal years, and to request direction from the City Council. City Council is scheduled to review the proposed budget in May, followed by a public hearing in June. Community Engagement City staff presented the FY25-26 Community Engagement Plan to City Council on December 17, 2024, emphasizing a transparent and inclusive budget process. This year, special attention is being given to amplifying youth voices. To achieve this, staff is collaborating with youth nonprofits to hold focus groups and will attend the March 17 Youth Commission meeting to gather feedback on youth spending priorities. Community engagement activities began in January 2025, with Budget staff participating in a Ward 5 Neighborhood Association meeting and the Lunar New Year Celebration at Centennial Park. Staff is committed to reaching all Council Wards and has scheduled additional meetings with neighborhood associations and local nonprofits throughout February, March, and April. Feedback from these sessions will be compiled in early May and presented to City Council during one of three scheduled budget workshops. The City remains dedicated to ensuring community input plays a key role in shaping the budget. As part of this effort, the annual budget survey has also been released on the City website to gather broader community input. City Council 15 — 1 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 2 Budget Process The City will hold internal budget meetings with departments from March 24 to April 4 to review budget requests and staff priorities. After comparing these requests with City Council priorities identified during Early Direction and community priorities gathered during budget outreach, Finance will work with the City Manager's Office to develop a proposed budget for City Council consideration in May. General Fund While the current FY 2024-25 budget is balanced with a net activity of $13,272, staff has had to make adjustments due to a decline in key revenue sources, such as sales tax, which are expected to see modest growth in the upcoming fiscal year. With costs rising faster than revenue, we anticipate challenges in balancing the FY 2025-26 budget. Early Direction from City Council will be essential in helping staff develop a proposed budget that meets the community's needs. General Fund Ten -Year Outlook Assumptions The General Fund Ten -Year Outlook has been updated with the latest information available. The following assumptions were used: • Only recurring revenues and spending were included; • Property Tax estimates from consultant for FY 2025-26 through FY 2029-307 2.8% increase thereafter; • Sales Tax estimates from consultant for FY 2025-26 through FY 2026-277 2.8% increase thereafter; • Inflation Factor for all other revenues: increase of Consumer Price Index (CPI) as forecasted by CA Department of Finance for FY 2025-26 through FY 2027-28 (2.5%7 2.6%7 2.8%) and 2.8% thereafter; • Labor at the top of the range: CPI increases of 2.8% for FY 2025-26, Inflation Factor thereafter; • For labor below the top of the range, use the same 2.8% as above + 5% merit step increases; • Orange County Fire Authority contract increase of 4.5% annually; • Contribution to OC Streetcar operations, beginning as early as January 2026, with costs increasing by the Inflation Factor; • Debt retirements (City Hall Annex & Streetlights) totaling $800K in FY25-26, and total of $1.3 million thereafter; • Employee pension unfunded liability contributions as estimated by CalPERS, are rising due to a shortfall in investment returns for FY 2022-23, with an actual return of 5.8% compared to the expected 6.8%; • Contributions to, and uses of, the Pension Stabilization Account have been included to smooth the pension debt fluctuations; and • Inflation Factor for all other spending. City Council 15 — 2 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 3 The Outlook's graphical results indicate that expenditures are growing faster than revenue, leading to a potential deficit starting in FY 2025-26. When the Measure X rate decreases in 2029, the deficit is expected to widen significantly. $670 $630 $590 $550 $510 $470 $430 419.9 $390 $350 FY25-26 FY26-27 FY27-28 FY28-29 FY29-30 FY30-31 FY31-32 FY32-33 FY33-34 FY34-35 Revenue Spending The FY 2024-25 Measure X spending plan is attached to this report as Exhibit 1. The detailed plan outlines expenditures that may be considered should it become necessary to reduce costs in order to rebalance the budget. Recommendations from the Measure X Oversight Committee The Measure X Citizens Oversight Committee met on March 12 to formulate recommendations for the FY 2025-26 budget. Staff anticipates incorporating these recommendations into the presentation to the City Council on March 18. One -Time General Fund Spending As reported in the Mid -Year Update on March 4, 2025, the estimated spendable fund balance for one-time expenditures in the General Fund is $16,080,348. The following are potential options for utilizing this one-time funding. City Council 15 — 3 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 4 28 Civic Center Plaza Last year the City acquired 28 Civic Center Plaza from the state. The acquisition is part of a long-term plan to redevelop the Civic Center, potentially with a public -private partnership. The plan becomes more feasible as the City acquires ownership of a larger section of contiguous land in the Civic Center. The building at 28 Civic Center Plaza is in poor condition and the City will need to demolish it. As part of the acquisition, the City received money from the state. After the acquisition cost, $4.3 million is still available for the demolition, which must be used by December 2025. Coincidentally, the county also wishes to demolish the Plaza of the Fountains, adjacent to 28 Civic Center Plaza and owned by the county. The City has received cost estimates to demolish both 28 Civic Center Plaza and the Plaza of the Fountains. Demolishing both structures at the same time is more cost effective, as the contractor could remove the Plaza of the Fountains first and have better access to remove 28 Civic Center Plaza. Without the improved access, the project to demolish only 28 Civic Center Plaza would have some logistical issues resulting in increased cost. The demolition estimates follow. 28 Civic Center Plaza with Plaza of the Fountains $14,481,382 28 Civic Center Plaza $14,872,868 Plaza of the Fountains $5,947,827 In either case, the City has a significant funding shortfall. The City has several options: • Wait until the City has identified full funding for the demolition project and request a time extension from the state for expenditure of the $4.3 million. • Work with the existing budget of $4.3 million to demolish only the interior of 28 Civic Center Plaza, leaving behind a shell building until more funding can be secured. • Negotiate with the County to transfer ownership of Plaza of the Fountains and use the existing budget to demolish only the Plaza. Staff seeks City Council direction regarding demolition of 28 Civic Center Plaza. Bristol and Edinger Parking Lot The Bristol and Edinger Parking Lot serves as a venue for community events, including the popular Friday Night Munchies. To improve usability and support future events, a proposed $250,000 investment would fund necessary upgrades, which may include, but are not limited to painting the fence, addressing gates, upgrading lighting, overlaying and striping the parking lot, and conducting minor landscaping improvements. As a result of these improvements, this would allow the City a revenue generating venue. Currently, events like Friday Night Munchies pay approximately $51 per event under the City Council 15 — 4 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 5 Police Department's Special Events permit, which is only the fee to recoup the cost of the administrative process for issuing the permit. Staff seeks City Council concurrence regarding the recommended one-time allocation of $250,000 in FY 2025-26 for the improvements and establishing fees to generate revenue from the site. Future Pension Costs Set -Aside — Section 115 Trust In 2021, the City refinanced a portion of its debt to the California Public Employee Retirement System (CaIPERS), generating significant debt interest savings. After the refinancing, the City's payment obligations decreased. The City Council approved maintaining the existing budget of pension debt payments and depositing the savings in the City's Section 115 Trust for future pension costs. Staff has maintained this practice through the current year budget. Beginning in FY25-26, the City may not be able to deposit much more into the Trust. Therefore, based on a recommendation from the City Manager, the City Council has approved an additional deposit of $3 million in the current year ($2 million approved in December with "Year End Results" and $1 million approved on March 4 with "Midyear"). The Trust currently has a balance of $45.5 million. The City and its employees both contribute to the CalPERS pension system. CalPERS invests those contributions and makes pension payments to employees when they retire. CalPERS assumes they will have an investment return of 6.8% each year. When the CalPERS investment portfolio earns less than 6.8% each year, the City's liability to CalPERS increases. Recent CalPERS investment returns follow. FY14-15 2.4% FY15-16 0.6% FY16-17 11.2% FY17-18 8.6% FY18-19 6.7% FY19-20 4.7% FY20-21 21.3% FY21-22 -6.1 % FY22-23 5.8% FY23-24 9.3% The FY23-24 return in excess of the 6.8% assumption will not affect the City's contributions until FY26-27. City Council 15 — 5 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 6 Based on the latest information from CalPERS, we expect to need $169.1 million in excess of the current budget level over the next 10 years, as shown in the shaded area of the following graph. Pension, Debt Payrnents 100,000,000 80,000,000 i0�nip ��u��u��95rtm�» of imvoeom�o�ii �mei ��nr�ii �� � a� i ianda�owai wi, 0 o ryti�touwri i UU miai i t� � i ii � ii no»n nnw 60,000,000 �f..�� ll�di�iu�umn�rramflll 40,000,000 ��ppii ppii,,++ii//ii ppii//ii,+ii it M.. 4 p0, pl.Iii,+0 /0, p0 /l.Iii,+0 �y;1sA -Perisior, IDebFievirr'nerlrl:;, I:9uJ(Jg�e1:. The City Council approved a policy titled "Unfunded Employee Pension Liability Cost Reduction Policy" in 2021. The Policy states: "It shall be the City's policy to consider adding money to the Section 115 Trust account during each annual budget process." As noted above, the City has an estimated Spendable General Fund balance of $16.08 million. Staff recommends a $1 million allocation for FY 2025-26. Staff seeks City Council concurrence regarding a Section 115 Trust deposit of $1 million for FY 2025-26. This deposit sets aside money that will earn interest and be available for future pension cost increases when CalPERS does not meet its investment assumption of 6.8%. Jail Improvements The Santa Ana Police Department's jail, built in 1989, was designed to accommodate local detainees and provide additional capacity for outside agencies. Over the years, this arrangement has generated revenue for the City through partnerships with federal and local entities, as well as the "pay -to -stay" program, which allows qualifying detainees to pay for their incarceration. However, due to deferred maintenance and the aging condition of the facility, these revenue -generating opportunities have declined. To modernize the jail, enhance safety, and restore its capacity for detainees and contract housing, facility upgrades are necessary. The facility currently has two holding areas dedicated to the "pay -to -stay" program, which can accommodate up to 20 incarcerated individuals. To support these improvements, staff proposes allocating $250,000 in the FY 2025-26 budget. This amount reflects projected revenue over a six-month period, based on an approximate 50% occupancy rate at a daily fee of $134 per detainee. City Council 15 — 6 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 7 These investments would help restore and expand the facility's ability to accommodate paying detainees and contract housing arrangements, ensuring a sustainable revenue stream while maintaining public safety. Additionally, the current fiscal year included a one- time $250,000 allocation for deferred maintenance, addressing critical facility needs to ensure continued operations. Staff seeks City Council concurrence regarding the recommended one-time allocation of $250,000 in FY 2025-26 for the improvements. Modern Conference Space at the Senior Center on Third and Ross The City currently lacks sufficient meeting spaces across the community, and there is a growing demand for accessible facilities that can accommodate both private and business gatherings. To help meet this need, the Santa Ana Senior Center, located at Third and Ross Streets near Downtown Santa Ana, has been identified as a potential location for hosting meetings and events. The Senior Center was recently renovated in 2020 and continues to serve as an important hub for senior programs and services. In addition to its primary role, the facility has the capacity to accommodate up to 125 people, making it a suitable option for meetings and events. Its central location and proximity to a City -owned parking garage further enhance its potential as a convenient gathering space. With a small investment in furniture and fixtures, the space could become more appealing and functional for expanded use. If the City Council directs staff to explore this investment, staff will develop a proposed amount. Additionally, if the City Council directs staff to explore options to expand capacity, staff could assess potential options and provide an estimated cost for implementation. Staff seeks City Council concurrence regarding one-time funding in the upcoming budget for a small investment in furniture and fixtures. Additionally, if the City Council wishes to explore options to expand capacity, staff can assess potential options and provide an estimated cost for consideration. Santa Ana Stadium Expansion and Upgrades The Santa Ana Stadium, also known as Eddie West Field, is a historic venue for sports and entertainment in the city. Built in 1963, the stadium has primarily served as a host for high school and collegiate football games, community soccer matches, and local events. While it has a strong legacy, the stadium lacks the infrastructure needed to attract larger, high -profile events that could enhance its regional presence and economic impact. Strategic investments are necessary to modernize the facility and expand its potential for hosting major competitions and entertainment events. City Council 15 — 7 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 8 One potential investment includes adding 2,077 seats including a beer garden or refreshment area, which would improve both capacity and amenities. The estimated cost for this expansion is $5,270,175, covering construction expenses and approximately 10% in soft costs. The addition of a beer garden would also complement the city's recent decision to allow alcohol sales at the stadium, enhancing the game -day and event experience while creating an additional revenue stream. Expanding the stadium's seating capacity from 9,000 to 11,000 seats would position it to qualify for a broader range of high -profile events. Many collegiate championships, professional soccer matches, boxing events, and concerts require a minimum seating threshold of 10,000 or more to be considered as host venues. Increasing capacity would make Santa Ana Stadium more competitive for events such as CIF soccer championships, international soccer, regional boxing promotions, Lucha Libre (wrestling) events, and mid -sized concerts, further boosting its ability to attract major events and generate additional revenue. In addition to these upgrades, a review of the fee structure would be necessary to ensure the stadium generates additional revenue for the city, helping offset costs and maximizing the return on investment. Shall staff include one-time funding for the stadium in FY25-26? Investing in Road Improvements to Support Business Growth The area around Majestic, MacArthur Place, and Columbine is home to a vital business community that contributes to the local economy. However, deteriorating road conditions have made it difficult for businesses to attract new tenants, resulting in lost leasing opportunities and limiting economic growth. To support the business community and strengthen the city's tax base, addressing these infrastructure issues is essential. Investing in these road improvements aligns with the city's commitment to fostering a strong business environment and promoting long-term economic stability. Staff seeks City Council concurrence regarding one-time funding of $1.5 million for road improvements in the specified areas to enhance business retention and attract new businesses. Cross -Connection Control Program Compliance The City of Santa Ana is required to implement a Cross -Connection Control Program in compliance with the California State Water Resources Control Board (SWRCB) Cross - Connection Control Policy Handbook and Santa Ana Municipal Code, Section 39-29. Protection of Public Water Supply. This program, managed by the Water Resources Division, is essential to preventing contamination of the public water supply from back siphonage or backpressure hazards. A key requirement of this program is the annual testing of backflow prevention assemblies, with any failing units requiring repair or replacement within 30 days. The City currently maintains over 470 City -owned backflow City Council 15 — 8 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 9 prevention assemblies, of which more than 370 (80%) are non -compliant, either due to missing annual tests or requiring repairs. To achieve compliance with state and local regulations, the City must implement a systematic testing, repair, and replacement program for all City -owned backflow prevention assemblies. This includes ensuring that all assemblies are tested annually, failures are addressed within the 30-day requirement, and proper recordkeeping is maintained to demonstrate compliance. Without immediate action, the City remains at risk of regulatory non-compliance, which could lead to potential enforcement actions and increased liability related to water quality concerns. Staff seeks City Council concurrence regarding an allocation of $500,000 to administer the required testing, maintenance, and replacement of City -owned backflow prevention assemblies to ensure compliance with state mandates. Code Blue Emergency Communication System Upgrade The Code Blue emergency communication units were installed in downtown Santa Ana approximately eight years ago to enhance public safety. These units provide direct access to emergency services and are equipped with surveillance cameras and emergency buttons. Due to their age and technological advancements, an upgrade is necessary to ensure continued functionality. The proposed upgrade would replace thirteen (13) Code Blue units, transitioning from obsolete 3G technology to 5G/LTE. This transition is required due to the phase -out of 3G networks and will enhance cellular connectivity, ensuring reliable emergency communication. The cost for this upgrade is $79,000. Staff seeks City Council concurrence for a recommended allocation of $79,000 in FY25- 26. Bus Shelters The City owns and maintains bus shelters throughout the City. Public Works staff recommends a one-time allocation in the FY25-26 budget to construct new or replacement bus shelters at 16 sites for a cost of $250,000. Staff seeks City Council concurrence for a recommended allocation of $250,000 in FY25- 26. Recurring General Fund Spending As reported in the Mid -Year Update on March 4, 2025, the net recurring amount available for the General Fund was $13,272. However, the available balance for FY 2025-26 has not yet been determined. As staff evaluates recurring capacity, preliminary findings suggest a potential shortfall. Given this, we would like to seek direction on the following recurring items. City Council 15 — 9 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 10 Federal Grant Funding and Staffing During the City Council's Midyear Budget discussion on March 4, a Councilmember inquiry indicated a desire for the City to continue supporting our federally funded programs if that federal funding is lost. The City's current year budget includes more than $187 million of federal funding, summarized as follows. U.S. Department of: FY24-25 Budget FY24-25 FTE's Housing and Urban Development $96,975,715 32.43 The Interior — Bureau of Reclamation $2,374,000 0.00 Justice $671,889 0.00 Labor $4,035,944 14.38 Transportation $11,872,392 0.00 Treasury — ARPA and other COVID Funding $63,188,979 12.45 Homeland Security $8,163,311 2.00 Totals $187,282,230 61.26 The City has already developed its plan for the 12.45 FTE's funded by ARPA. If the City were to lose all federal funding, the remaining 48.81 FTE's would be subject to budget cuts and staff would seek City Council direction regarding which other City programs should be cut to continue these programs and maintain a balanced budget. City Events The City Events Budget for the current fiscal year includes a recurring allocation of $1,365,700. This amount does not account for Public Safety support, which is currently being absorbed within existing department budgets. Due to potential budget constraints, staff has explored ways to streamline event offerings using a holistic and strategic approach that focuses on community -valued events while optimizing resources. Below is the proposed realignment of funding: Event FY24-25 Budget FY25-26 Proposed Budget Fiestas Patrias $475,000 $500,000 Chicano Heritage $125,000 $130,000 Tet/Lunar Festival $75,000 $78,000 July 4 Celebration $100,000 $120,000 5K/10K Event $85,000 $85,000 Movies at the Park $70,000 $50,000 For the 5K/10K event, staff anticipates cost savings as it will be combined with Public Works Week festivities. This consolidation will reduce expenses by requiring only one City Council 15 — 10 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 11 street closure, one stage setup, and shared resources. Additionally, staff proposes adjusting the Movies at the Park Series event to reduce costs. Staff also proposes allocating $20,000 to support outside entities in managing and executing two community -led events, Juneteenth and Noche de Altares/Viva la Vida. With these contributions, the total proposed event budget would be $1,003,000. The current year events budget is $1,365,700. Staff seeks City Council concurrence on the recommendations for reduced event funding allocations for FY25-26. Arts Funding A recurring funding allocation of $200,000 for FY 2025-26 is proposed to support the arts, with the Arts and Culture Commission responsible for reviewing and recommending its distribution to align with community priorities and cultural programming needs. Additionally, staff will review the FY 2025-26 operating budget to determine if this funding can be absorbed within the existing budget without impacting other services. Staff seeks City Council concurrence for a recurring funding allocation of $200,000 to support the arts in FY 2025-26. Miscellaneous Fees The City charges fees for services provided to individuals that do not benefit the public at large (e.g., building permits). Per state law, the City cannot charge more than the cost to provide these services. To keep pace with rising costs of doing business, including compensation and service -related expenses, staff recommends increasing miscellaneous fees each year. Last year, the budget included a 4.66% increase, reflecting both the increase in compensation for employees providing these services (including salary and benefits) and increased service -related costs. The Consumer Price Index for Los Angeles -Long -Beach -Anaheim for the year ending December 2024 increased by 4.76%. Employee bargaining groups are still in negotiations, with wage increases expected. Costs for workers' compensation and general liability have risen by 12% and 10%, respectively, and unfunded liability contributions will increase by 12% for FY 2025-26. Inflationary factors are also driving increases in other service -related costs, such as contract services and operational expenses. For Parks, Recreation, and Community Services Agency, no fee increases were implemented for FY 2024-25 miscellaneous fees. However, for this year, staff is requesting that fees be adjusted by the CPI increase of 4.76% to reflect rising costs. City Council 15 —11 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 12 Based on this information, an increase of up to 4.76% is justified, ensuring the City remains in compliance with state law. Staff seeks City Council concurrence on a recommended a 4.76% increase in miscellaneous fees for FY 2025-26 budget. Tariff Impact on Sales Tax Staff contacted our Sales Tax Consultant regarding an analysis of the Federal tariff impact on the City's sales tax revenue. However, due to significant uncertainty surrounding the tariffs themselves, there is not enough solid information to accurately assess potential impacts. Additionally, in UCLA's Economic Forecast released on March 5, 2025, emphasized that conditions remain too uncertain to make definitive projections. As a result, they have opted to hold their forecast the same until more data becomes available. Staff will continue to monitor the situation and provide updates as new information emerges. New Requirement: Assembly Bill 2561 - Job Vacancies and Recruitment Efforts As part of the new requirements outlined in Assembly Bill 2561 (AB 2561), effective January 1, 2025, local public agencies in California must address job vacancies and enhance recruitment and retention efforts. This bill mandates that local governments conduct an annual public hearing to present the current status of job vacancies, strategies for recruitment and retention, and any obstacles in the hiring process, along with potential solutions. The public hearing must occur before the final adoption of the budget if an annual or multiyear budget is adopted during the fiscal year. Additional details on these requirements are provided in Exhibit 2. Staff plans to incorporate this new requirement as part of the upcoming budget public hearing in June. During this session, staff will present the necessary information to comply with AB 2561, including the status of job vacancies, recruitment strategies, and any identified barriers to hiring. Staff will also provide additional reporting if any bargaining units have a vacancy rate that exceeds 20% of their authorized positions, as required by the bill. Additionally, recognized employee organizations representing a bargaining unit will have the opportunity to present during the public hearing regarding vacancies and recruitment efforts for positions within their unit. Evaluation of vacancies and hiring decisions continue to ensure program capacity is maintained while avoiding any additional financial strain, particularly in light of projected revenue shortfalls in the coming years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 15 — 12 3/18/2025 Early Direction for the Fiscal Year 2025-26 Budget March 18, 2025 Page 13 FISCAL IMPACT There is no direct fiscal impact at this time. City Council is scheduled to review the proposed budget in May, followed by a public hearing in June. EXHIBIT(S) 1. FY2024-25 Measure X Spending Plan 2. Assembly Bill 2561 (AB2561) Legislation Summary Submitted By: Alex Trinidad, Acting FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 15 — 13 3/18/2025 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Ln o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c O O O l0 O I� O O O O O O O O O O V O l0 M 0 00 0 O O d' M W O O O W O i C O O O n O n O O O O O O O O O N O W N M N O l0 O O O N O O O O O i a :O O O O .-� O I� V O O O O O O O O 00 000 Ln O O O d' O O N N 0O O N M O i _ V] 4r V] O N CO O7 V M .-1 lD L!] CO0 N1 d' a � 1° O O C O C O O C o O O C O O u M W M D N N d C wN C !E w N •� r r w C i N LL O O O O O O O O O C en u .0 V] O O n ti C �= fV w N u N LL O O O O (n 0 0 0 .-� O O O O O O O O .-� N O O O O O O O O .-� O L O O O O O O M V O w O O O O O O H O O O O i O L O i O O O LO ' n O O O O O O O V O w M O 00 O .-� O d' M Ln O 00 O i C d 0 0 0 I� n M O O O O O O N O c0 N M n O l0 O 01 O l0 O O O i uN p% c c c V O O O O O O 00 O n Ln O N O d' O N N I� N M O i O N V] w C iH U I, rl L!] M O L!] O O O rl rl rl rl N V L(1 .-1 L!] O N LD O7 V M N N d' rl rl LD N M. =C 11 N ;0 O a` c w a a M��������� u u u u u u t o a a� o o� V V V V V a a a _¢¢� 3 3 C) M a a V V a Q a a a a a a a a a W `^ '^ a,a a a a a a a v a w w � cr u U1 G U1 U1 � E V ' O 00 m = 0m0 V W c 12 pj m c O V V m Y a am) c � c O Uc N ^ O V N J N f O p m f 0 x Z ( i - m v c m c O c v v a c m V c O m Z v c v v v N c c c x o a a a N i 0 en 00 10 00 00 00 00 00 00 a' a' a' ti ti ti v 2 V N 0 0 0 0 0 0 d, d, d, o 0 0 0 0 0 0 0 j j j C Q m W O O O O O O O 00 00 00 00 00 00 00 U1 U1 U1 U1 U1 U1 U1 U1 U1 W W W M f0 � W G G G G G G G v v v v v v v v v G G G p v v v v v v v 00 00 00 00 00 00 00 00 00 G c c G G G G G G c c c V LL Q Q Q Q Q Q Q W W W W W W WWW G N c U v v v N u c c_ co c G o c .� c c O a` c a m o v a O 0 v c G Y O Q � c _ � N a a + c N � 6 m J G G H 00 O c 'G a O ° c a c a Q u o a y v m `O = ii '� (n Y v a v 'M c Y v-:2 Y m o2i m a- G ._ H v 46 GV :_N N O O N a Vi EG -O WN� ON ?$ Q m m V Z M oo m t� m E m a Q a m m m O O O N a a O rrrcc 272 V - O a >-(n v v a c c a a V_ cl-I cr ti ti it 0 0 > > r�- V V m m m m m y W G c c W c c G LL > > > > > > > > t0 G G c c G G c v N N N N N N N Q G c c c c c c 'G W W W W W W W W 2 2 2 2 2 2 2 w i i i i i i i i V ! 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N L'L O a V O T Q a Ul V Ul T T T T T d0 t Y Z in a �n �n �n a` a w> a w�' a` �n (7 Q w V w V V V V V D �i m> 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 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a X NN U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 C. c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c a y U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U y qj� M-------------------------------------� vvvvvvvvvvvvvvvvvvvvvvvvccccc r- v v v v v vvvvvvvY W c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c Ul a v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v � U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 U1 �p V LL D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D n m 0 H LO N O N_ co LO LO r U O U �, EXHIBIT 2 Assembly Bill 2561 Summary Assembly Bill 2561 (AB 2561), effective January 1, 2025, introduces specific obligations for local public agencies in California to address job vacancies and enhance recruitment and retention efforts. To comply with AB 2561, local governments must: Annual Public Hearing: Conduct a public hearing before the governing board at least once per fiscal year to present: • The current status of job vacancies. • Efforts and strategies related to recruitment and retention. • Identification of any policies, procedures, or recruitment activities that may pose obstacles in the hiring process, along with potential changes to alleviate these obstacles. If the agency adopts an annual or multiyear budget during the fiscal year, this presentation must occur before the final budget adoption. 2. Employee Organization Participation: Recognized employee organizations representing a bargaining unit have the right to make a presentation during the public hearing concerning vacancies and recruitment efforts for positions within their unit. 3. Additional Reporting for High Vacancy Rates: If a bargaining unit's vacancies reach or exceed 20% of its total authorized full-time positions, and upon request from the recognized employee organization, the agency must provide during the public hearing: • The total number of job vacancies within the bargaining unit. The total number of applicants for these vacant positions. The average duration of the hiring process from job posting to completion. Opportunities identified to improve compensation and other working conditions. City Council 15 — 16 3/18/2025 Community Development Agency www.santa-ana.org/community-development Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Parking Enterprise Fund Updates for Meters and Structures AGENDA TITLE Parking Enterprise Fund Updates for Meters and Structures RECOMMENDED ACTION 1. Approve parking rates for City -owned parking structures to $2.00 per hour with annual increases of $0.50 per hour until a maximum of $3.00 per hour is attained. 2. Direct staff to prepare a Resolution establishing parking rates for the City -owned parking structures and reaffirming the City Manager authority to modify future parking structure rates after the third annual increase as needed. 3. Approve the parking meter rates to $2.50 per hour with annual increases of $0.50 per hour until a maximum of $3.50 per hour is attained. 4. Direct staff to amend the meter ordinance establishing parking meter rates and hours of operation, eliminating metered parking fronting residential in the Willard Neighborhood, and authorizing the City Manager to modify future meter rates after the third annual increase as needed, to mirror the authority of the City -owned parking structures. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION At the February 18, 2025, City Council meeting, the Community Development Agency (CDA) held a work study session on the Parking Enterprise Fund, covering: • Parking meters and structures' operations and background • Budget data for meters, structures, and downtown enhancements • Council considerations for subsidized parking initiatives Key points on meter ordinance adjustments At the conclusion of the work study session, Council requested suggestions on parking rates for structures and meters, hours of operations for meters, information about City Council 16 — 1 3/18/2025 Parking Enterprise Fund Updates for Meters and Structures March 18, 2025 Page 2 certain meter district areas, options to reduce operational costs, and grace period options to be presented at the March 18, 2025 Council meeting. The recommended actions reflect input received and budgetary needs, with flexibility to incorporate additional Council considerations. Establishing parking rates for City -owned structures at $2.00 per hour, with annual increases of $0.50 per hour until a maximum rate of $3.00, would support operational costs and necessary repairs for equipment. A resolution to formalize the structure parking rates will be presented at a future Council meeting. Adjusting parking meter rates to $2.50 per hour, with increases of $0.50 per hour until a maximum rate of $3.50, removing meters in the Willard neighborhood, and transitioning to contactless payment options —such as mobile apps and pay stations —will enhance operational efficiency, reduce costs, and strengthen the Parking Enterprise Fund. To support these improvements, an updated ordinance addressing meter operations, rates, and the removal of meters in the Willard neighborhood will be presented at a future Council meeting. It is anticipated that the estimated revenue for the first year increases is $1.5 million. Council Requested Information 1. Peak time usage at structures and meters: a. Weekdays from 11 am-1 pm b. Weekends from 5pm-7pm 2. Meter district areas with higher levels of coin payments: a. Approximately 10 blocks have a higher percentage of coin payments between 51 %-89% compared to other areas that rely more on credit card payments or mobile app payments Blocks/Areas Percentage of Coin usage 100 E. 3rd 52% 100 E. 4th 57% 400 E. 4th 52% 100 W. 4th 59% 200 W. 5th 89% 600 N. Bush 56% 100 N. Spurgeon 77% 500 N. Spurgeon 58% 500 N. Sycamore 51 % 3. Peak -season variable rates for structures and meters: Staff reviewed potential options for peak -season variable rates and, if desired, could propose the following: City Council 16 — 2 3/18/2025 Parking Enterprise Fund Updates for Meters and Structures March 18, 2025 Page 3 a. Regular season rates from September 1-May 31 (9 months): at $2 per hour for meters, $1.50 per hour for structures b. Peak season rates from June 1-August 31 (3 months): $4 per hour for meters, $3 per hour for structures. This would generate approximately 30% to 45% of additional revenue during peak season. 4. Background information about meters within the Willard neighborhood: a. The Willard neighborhood was initially designed to attract professionals working in the Civic Center area, with the expectation of reduced parking demand due to alternative transportation options. To maintain parking availability for residents and prevent overcrowding from Civic Center visitors, meters were installed. However, the development did not draw tenants willing to pay higher rent levels and instead rented to families at market rates, leading to a greater need for parking than originally anticipated. Consequently, jurors and other visitors continue to park in the surrounding neighborhoods. b. Based on City Council direction, staff is recommending the removal of parking meters fronting residential, which is generally north of loth Street. Meters will remain in front of commercial areas in Willard. c. Any future modifications to the meters will be presented to the City Council for approval through an ordinance change, which will amend Section 36-398 of the Santa Ana Municipal Code. Historical Background Parking meters and structures have been in operation since the 1980s, implemented to support maintenance, operational costs, and improvements in Downtown Santa Ana and the surrounding meter district. Over the years, parking rates have gradually increased, but have remained stable since 2019, with rates set at $1.00—$2.00 per hour for meters and $1.50 per hour for parking structures. Additionally, in 2019, the City Council approved a 2-hour grace period for parking in structures to encourage increased visitation to the area. In July 2020, the CDA assumed management of the Parking Enterprise Fund, taking responsibility for parking meters, parking structures, and downtown improvement initiatives. From 2021 to the present, the impacts of the pandemic and streetcar construction led to significant reductions in parking fees, including free parking offerings. Parking structures have provided free parking Monday through Friday from 7 a.m. to 5 p.m. and a 2-hour free parking period during evenings and weekends, with structures operating 24/7. Parking meters were either temporarily removed or made free in response to the pandemic and construction needs. In June 2024, the City Council requested a detailed review of the Parking Enterprise Fund's budget to assess revenue, expenditures, and long-term sustainability, in light of a fund deficit caused by the pandemic and streetcar construction. This review led to the City Council 16 — 3 3/18/2025 Parking Enterprise Fund Updates for Meters and Structures March 18, 2025 Page 4 scheduling of a work study session during the City Council meeting on February 18, 2025. The recommended actions will allow the City to generate revenue, as parking has taken general fund subsidies in the last five (5) years in the total amount of $9.5 million dollars. FISCAL IMPACT There is no fiscal impact at this time. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 16 — 4 3/18/2025 City Attorneys and City Clerks Offices www.santa-ana.org/city-clerks-office Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Boards and Commissions Appointments, Reappointments, Removals AGENDA TITLE Boards and Commissions Members Appointments, Reappointments, Holdovers, and Removals RECOMMENDED ACTION 1. Review Santa Ana Municipal Code Section 2-236 pertaining to Appointive Boards and Commissions, Appointments, Removals, Vacancies, and Term. 2. Provide direction to staff. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City of Santa Ana has various appointive boards and commissions to serve as advisory groups to the City Council on specific policy areas. Santa Ana Municipal Code Sec. 2-326 provides for the appointments, removals, vacancies, and term for the members of appointive boards and commissions. Specifically, Section 2-326(a) of the Santa Ana Municipal Code (SAMC) states in part that: "For boards and commissions having at least seven (7) members, the city council shall select seven (7) members from nominations made by the council member (or mayor in the case of the city-wide seat) whose term coincides with that board or commission seat." (italics added) SAMC Section 2-326(d) also states in part that: "It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members." (italics added) Additionally, SAMC Section 2-326(d) states in part "the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed or qualified." (italics, bold, underline added) This is City Council 17 — 1 3/18/2025 Boards and Commissions Appointments, Reappointments, Removals March 18, 2025 Page 2 generally known as a "holdover" provision that allows for continuity of business operations by the appointive boards and commissions following each General Municipal Election. Without such "holdover" provisions, each appointive board or commission would effectively lose four members each December of even -numbered years when the terms of the mayor and three councilmembers conclude. Such vacancies would remain until the re-elected or newly -elected mayor and councilmembers make nominations to each appointive board and commission and could delay the work of the City while such boards and commissions do not have sufficient qualified members to obtain quorum and hold a meeting. Should City Council wish to consider any changes to the SAMC regarding appointive boards and commissions, staff requests direction and would bring back an ordinance at a future meeting for Council's consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Sonia R. Carvalho, City Attorney, and Jennifer L. Hall, City Clerk Approved By: Alvaro Nunez, City Manager City Council 17 — 2 3/18/2025 Councilmember-Requested Item Report DATE March 18, 2025 TOPIC SAUSD Graduate Profile COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and consider directing the City Manager to prepare a resolution expressing City support for the Santa Ana Unified School District Graduate Profile by formally recognizing its importance and aligning city resources to reinforce its key attributes. DISCUSSION The Santa Ana Unified School District (SAUSD) developed the Graduate Profile in collaboration with business leaders, parents, educators, and other community stakeholders to prepare students for future job opportunities. The Graduate Profile was developed through a process involving workshops, listening sessions, and feedback from over 200 community members, students, and staff. Additionally, the Research and Evaluation team took more than 30 hours of audio and about 1,000 of transcripts in feedback, with additional input from student and staff sessions to help further refine the Graduate profile and ensure it aligns with the needs and aspirations of those it serves. The SAUSD Learning Model is designed to achieve the outcomes of the Graduate Profile through personalized, authentic, competency -based, and inclusive approach to education, focusing on six key attributes to equip students with the skills needed to succeed in a rapidly changing world- 1 . Architect of Learning- Promoting lifelong learning with a spirit of inquiry and a growth mindset to adapt to evolving job requirements; 2. Collaborative Leader- Preparing students to work effectively with others and lead ethically in diverse and dynamic environments; 3. Global Innovator- Encouraging critical and creative thinking to solve complex problems while being culturally aware in a global job market; 4. Empathetic Communicator- Ensuring students develop effective communication skills to engage with various audiences and use different communication tools; 5. Community Builder- Fostering hands-on experience in community service, internships, and civic engagement to build a sense of responsibility and civic - mindedness; C; TY ATTORNEY C; TY MANAGER C; TY CLERK 74' in P rm ir—ll— Ah/n iron I\Iuiina7 Main inifair I Wall City Counci10 CC CENTER PLAZA - P.O. BOX 1988, IVl 1�8 7A11TA A'JA, C;A._VFOR' A 92702 3/18/2025 TELEPHONE (714) 547-5900 - FAX (714) 547-5954 - www.salnta-aina.oirg 6. World -Ready Scholar: Guaranteeing mastery in literacy, numeracy, and reasoning to tackle academic and professional challenges in the 21st century. The City of Santa Ana should support the Santa Ana Unified School District's (SAUSD) Graduate Profile because it directly benefits the community by fostering a well -prepared, engaged, and skilled workforce. Here are some key reasons for support- 1 . Economic Development — A well-educated workforce attracts businesses, creates job opportunities, and strengthens the local economy. The Graduate Profile ensures students develop the skills needed for career success. 2. Community Well -Being — Graduates who meet the profile's expectations —such as being critical thinkers, effective communicators, and responsible citizens — contribute to a safer and more vibrant community. 3. Reduced Crime & Social Challenges — Supporting student success reduces dropout rates, which correlates with lower crime rates and fewer social service burdens. 4. Civic Engagement & Leadership — The Graduate Profile promotes qualities like collaboration, resilience, and problem -solving, helping Santa Ana develop future leaders and active community members. 5. City -School Partnership — A strong relationship between the city and SAUSD ensures better alignment in resources, youth programs, and workforce development initiatives. To conclude, the SAUSD Graduate Profile represents a comprehensive and community -driven vision for student success for generations to come. By supporting the SAUSD Graduate Profile, Santa Ana is investing in its future —ensuring that students become productive, responsible, and engaged members of society. I propose that the City Council direct the City Manager to prepare a resolution expressing City support for the Santa Ana Unified School District Graduate Profile by formally recognizing its importance and aligning city resources to reinforce its key attributes. SUBMITTED BY Mayor Pro Tern Benjamin Vazquez EXHIBIT(S) 1. Graduate Profile with draft resolution C; TY ATTORNEY C; TY MANAGER C; TY CLERK 74' i. R Ah/n iron Nh iin 22 Main inifair I Wall City Counci10 C MC; CENTER PLAZA - P.O. BOX 1988, IVl 1�8 7AI;'A A'JA, C;A._VFOR' A 92702 3/18/2025 TELEPHONE (714) 547-5900 - FAX (714) 547-5954 - www.salnta-aina.oirg The Santa Ana Unified School District Graduate Profile Santa Ana Unified School District (SAUSD) collaborated with business leaders, parents, students, educators, school administrators, Board of Education representatives, school support staff, and other community partners to create the Graduate Profile with the mission of preparing every student for the jobs of the future. The profile emphasizes equipping students with essential real -world skills that will enable them to thrive in a rapidly changing world. By focusing on the following six key attributes, the Graduate Profile ensures that students develop the competencies necessary to navigate and succeed in an unpredictable job market. Architect of Learning: Students become lifelong learners with a spirit of inquiry, setting and pursuing personal and academic goals with resilience and a growth mindset. This adaptability is crucial for continuously learning new skills as job requirements evolve. Collaborative Leader: By developing the ability to work well with others and lead ethically, students are prepared to collaborate effectively in diverse and dynamic work environments, achieving shared goals in future roles that require teamwork and leadership. Global Innovator: Students are encouraged to think critically and creatively to solve complex, real -world problems. This problem -solving ability, combined with cultural awareness, prepares them to innovate in a global job market where diverse perspectives are increasingly valued. Empathetic Communicator: Effective communication is a core skill that students develop, allowing them to listen actively and express ideas clearly. This prepares them to engage with different audiences and use various communication tools, which are essential in any future job. Community Builder: By making a positive impact on their community through service learning, internships, and civic engagement, students gain hands-on experience that is directly applicable to the workforce. This experience fosters a sense of responsibility and civic -mindedness that will be valuable in any career. World -Ready Scholar: Mastery in literacy, numeracy, and reasoning ensures that students are prepared for the academic and professional challenges of the 21 st century. The ability to integrate knowledge across disciplines and solve complex problems is key to succeeding in future careers, particularly in fields that are yet to be defined. City Council 18 — 3 3/18/2025 The SAUSD Learning Model is designed to achieve the outcomes of the Graduate Profile by emphasizing a personalized, authentic, competency -based, and inclusive approach to education. Work on the Graduate Profile began in the fall of 2020 through the District System Design Partnership, which brought together nearly 200 community partners, SAUSD staff, and parents. After several workshops, the partnership came up with the framework for the Graduate Profile. SAUSD then embarked on a series of students and staff listening sessions, to seek additional input from those who would be impacted the most by this initiative. SAUSD Research and Evaluation team took more than 30 hours of audio and about 1,000 of transcripts in feedback to help further refine the Graduate profile into what the district has today. In conclusion, the SAUSD Graduate Profile represents a comprehensive and community -driven vision for student success for generations to come. By prioritizing the development of key competencies through a collaborative and inclusive process, the district is not only preparing students to meet the challenges of an evolving job market but also empowering them to be lifelong learners, ethical leaders, and proactive members of their communities. This initiative underscores SAUSD's commitment to providing an education that is responsive to the needs of both students and society, ensuring that every graduate is equipped to excel in their future endeavors. City Council 18 — 4 3/18/2025 SAMPLE RESOLUTION Resolution No. [XXXX] A RESOLUTION OF THE SANTA ANA CITY COUNCIL RECOGNIZING AND SUPPORTING THE SANTA ANA UNIFIED SCHOOL DISTRICT GRADUATE PROFILE WHEREAS, the Santa Ana Unified School District (SAUSD) has collaborated extensively with business leaders, parents, students, educators, school administrators, Board of Education representatives, school support staff, and other community partners to develop the Graduate Profile; and WHEREAS, the Graduate Profile is designed with the mission of preparing every student within the SAUSD for the jobs of the future by equipping them with essential real -world skills necessary to thrive in a rapidly changing world; and WHEREAS, the Graduate Profile focuses on six key attributes that are critical for student success in the 21 st century, namely: Architect of Learning: Promoting lifelong learning with a spirit of inquiry and a growth mindset to adapt to evolving job requirements; Collaborative Leader: Preparing students to work effectively with others and lead ethically in diverse and dynamic environments; Global Innovator: Encouraging critical and creative thinking to solve complex problems while being culturally aware in a global job market; Empathetic Communicator: Ensuring students develop effective communication skills to engage with various audiences and use different communication tools; Community Builder: Fostering hands-on experience in community service, internships, and civic engagement to build a sense of responsibility and civic -mindedness; World -Ready Scholar: Guaranteeing mastery in literacy, numeracy, and reasoning to tackle academic and professional challenges in the 21 st century; and WHEREAS, the SAUSD Learning Model is designed to achieve the outcomes of the Graduate Profile by emphasizing a personalized, authentic, competency -based, and inclusive approach to education; and City Council 18 — 5 3/18/2025 WHEREAS, the development of the Graduate Profile began in the fall of 2020 through the District System Design Partnership, engaging nearly 200 community partners, SAUSD staff, and parents in a series of workshops to create the framework for the Graduate Profile; and WHEREAS, SAUSD further refined the Graduate Profile through a series of student and staff listening sessions, collecting more than 30 hours of audio and about 1,000 pages of transcripts, ensuring that the Graduate Profile aligns with the needs and aspirations of those most impacted by this initiative; and WHEREAS, the SAUSD Graduate Profile represents a comprehensive and community -driven vision for student success, empowering students to be lifelong learners, ethical leaders, and proactive members of their communities, while ensuring they are equipped to excel in their future endeavors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana that the Council hereby recognizes and supports the SAUSD Graduate Profile as a vital initiative that prepares the students of Santa Ana for success in an ever -evolving job market and reaffirms its commitment to working collaboratively with SAUSD to support the education and future of our city's youth. City Council 18 — 6 3/18/2025 SpecialMinutes of the of the HousingAuthority Santa Ana, California December 17, 2024 CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 9: 03 P.M. ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager City Attorney Recording Secretary ROLL CALL Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Vazquez were present. ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY December 17, 2024 City Council 2-1 3/18/2025 PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. CONSENTCALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 9:03 P.M., the Consent Calendar was considered. MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Regular Meeting of August 6, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Housing Successor Annual Report for FY 2023-24 —Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. HOUSING AUTHORITY 2 December 17, 2024 City Council 2-2 3/18/2025 HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 9: 05 P.M. HOUSING AUTHORITY 3 Respectfully submitted: Jennifer L. Hall, CMC Secretary December 17, 2024 City Council 2-3 3/18/2025 Community Development Agency www.santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Housing Authority 5-Year Plan and Annual Plan AGENDA TITLE Public Hearing - Approve the Housing Authority Fiscal Years 2025-2030 5-Year Plan and Fiscal Year 2025-2026 Annual Plan Published in the Orange County Register, La Opinion, and Nguoi Viet on January 31, 2025. RECOMMENDED ACTION 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development. 2. Adopt a resolution approving the Housing Authority 5-Year Plan and Annual Plan and authorize the Executive Director of the Housing Authority to submit the 5-Year Plan and Annual Plan to the U.S. Department of Housing and Urban Development RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE FIVE YEAR PLAN FOR FISCAL YEARS 2025-2030 AND SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2025-2026 GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The U.S. Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have a 5-Year Plan and Annual Plan for the management and operation of the program. The general purpose of the 5-Year Plan is to advise HUD, program participants, applicants, and members of the public on our policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the 5-Year Plan (Exhibit 1) provides information on: (1) the goals and objectives of the Housing Authority for the next 5-year period (Fiscal Years 2025-2030) that will enable the Housing Authority to serve the needs of very low-income and extremely low-income families; (2) progress the Housing Authority has made in meeting the goals and objectives described in the previous 5- City Council 3-1 3/18/2025 Housing Authority 5-Year Plan and Annual Plan March 18, 2025 Page 2 Year Plan (Fiscal Years 2020-2025); (3) a statement on the criteria used for determining the threshold for a significant amendment or modification to the 5-Year Plan; and (4) Resident Advisory Board comments. The Annual Plan (Exhibit 2) is the first year of the 5-Year Plan and provides specific information on the following topics: (1) new activities to be undertaken by the Housing Authority in the next year (Fiscal Year 2025-2026); (2) findings from the most recent Fiscal Year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the 5-Year Plan. As required by HUD, three ad hoc Resident Advisory Board meetings were held on February 5, 2025 with HCV participants who receive housing assistance from the Housing Authority. The three meetings were conducted in English, Spanish, and Vietnamese. A total of 3,126 active participants in the HCV Program were mailed a survey and an invitation to participate on the ad hoc Resident Advisory Board. Additionally, the survey and invitation were emailed to 964 active HCV participants who provided their email address to the Housing Authority. There were 39 participants who participated and formed the ad hoc Resident Advisory Board, including seven (7) Spanish-speaking, 14 Vietnamese -speaking, and 18 English- speaking participants. There were also 16 survey responses. This was the highest participation rate that the Housing Authority has had in years. However, the continued lower participation of only 39 HCV participants on the Resident Advisory Board and 16 survey responses may be attributed to factors such as lack of interest, scheduling conflicts, a decline in social capital, and a general low turnout for public meetings (e.g. commission meetings, public hearings, etc.). Many residents may not fully understand the impact of the 5-Year Plan and Resident Advisory Board, or they may not feel that their input will lead to significant changes. Additionally, language barriers, transportation issues, or a lack of awareness about the meetings despite our extensive outreach efforts to mail and e-mail every active participant in the program could have contributed to the limited engagement. Lastly, the ad hoc Resident Advisory Board is only made up of HCV participants so other stakeholders and community members are not invited to participate. The comments from the Resident Advisory Board and survey are attached to the 5-Year Plan and Annual Plan. Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by: (1) considering the feasibility of each recommendation; (2) discussing as a team how the Santa Ana Housing Authority could implement each recommendation; and (3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the 5-Year Plan and Annual Plan. For the next five years, SAHA has created the following goals to continue serving the community while striving for continuous improvement and excellence: • Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. City Council 3-2 3/18/2025 Housing Authority 5-Year Plan and Annual Plan March 18, 2025 Page 3 • Goal # 2: Expand participation in the Family Self -Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. • Goal # 3: Ensure the accuracy, integrity, and compliance of all voucher program operations by certifying annually as a High Performing Housing Authority and exceeding HUD's minimum sample size requirement for quality control file reviews and inspections. • Goal # 4: Increase assisted housing choice by providing quality customer service to existing landlords and conducting outreach to new landlords. • Goal # 5: Provide equal opportunity, affirmatively further fair housing, and provide regular training on fair housing for staff, owners, and participants. The goals and objectives of the Housing Authority's 5-Year Plan and Annual Plan align with the City of Santa Ana's Housing Element by prioritizing the development of affordable housing, preserving existing affordable housing, and ensuring equitable access to housing assistance. Both plans emphasize expanding rental assistance programs, increasing the supply of housing for very low- and extremely low-income residents, and addressing housing instability to prevent displacement. For example, the Housing Authority's objective to administer 100% of the federal funding for the Housing Choice Voucher program aligns directly with the Housing Element's policy HE-3.1 to "provide rental assistance for individuals and families with extremely low-, very low-, and low -incomes with funding from the federal government." Additionally, both plans focus on implementing strategic housing initiatives that support long-term affordability, stability, and growth in the City's housing market. On January 31, 2025, a legal notice was published in the Orange County Register, La Opinion, and Nguoi Viet advising the public that a draft of the 5-Year Plan and Annual Plan was available for public review and comment and a public hearing would be held on March 18, 2025 (Exhibit 3). The 5-Year Plan and Annual Plan were also made available on the Housing Authority's website, in the Housing Authority lobby, and at the reference desk in the Newhope Library. HUD's federal regulations require a 45-day public comment period and the public comment period ends on March 18, 2025. The public hearing and public comment period provides City Council, city decision makers, and community stakeholders the opportunity to review and comment on the 5-Year Plan and Annual Plan. All public comments received will be included in the 5-Year Plan and Annual Plan submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Housing Authority 5-Year Plan 2. Housing Authority Annual Plan 3. Proofs of Publication 4. Resolution City Council 3-3 3/18/2025 Housing Authority 5-Year Plan and Annual Plan March 18, 2025 Page 4 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 3-4 3/18/2025 EXHIBIT 1 U.S. Department of Housing and Urban Development OMB No. 2577-0226 5-Year PHA Plan Office of Public and Indian Housing Expires: 03/31/2024 (for A11 PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA information. A.1 PHA Name: Housing Authority of the City of Santa Ana PHA Code: CA093 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2025 The Five -Year Period of the Plan (i.e. 2019-2023): 2025-2030 PHA Plan Submission Type: ® 5-Year Plan Submission ❑ Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑ PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below. Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program PH HCV Lead PHA: Page 1 of 9 form HUD-50075-5Y (03/31/2024) City Council 3-5 3/18/2025 EXHIBIT 1 R. Plan Elements. Required for all PHAs completing this form. B.1 Mission. State the PHA's mission for serving the needs of low-income, very low-income, and extremely low-income families in the PHA's jurisdiction for the next five years. Our Mission is to provide affordable housing for the most vulnerable members of our community to use as a platform to obtain self- sufficiency and independence from our assistance. B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income, very low- income, and extremely low-income families for the next five years. Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY. Objective # 2: Apply for additional vouchers and funding opportunities. Goal # 2: Expand participation in the Family Self -Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. Objective # 1: Expand the number of active participants in the Family Self -Sufficiency Program. Objective # 2: Assist Family Self -Sufficiency Program participants to graduate from the program and become self-sufficient. Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations. Objective # 1: Certify annually as a High Performing Housing Authority and exceed HUD's minimum sample size requirements for quality control file reviews and inspections under SEMAP Indicator # 3 and 5. Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords. Objective # 1: Communicate on a monthly basis with active landlords by providing information on key program updates. Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program. Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants. Objective # 1: Provide an annual mandatory training for all Housing Authority staff. Objective # 2: Provide information on fair housing to owners and participants. Page 2 of 9 form HUD-50075-5Y (03/31/2024) City Council 3-6 3/18/2025 EXHIBIT 1 B.3 � Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY. • The Housing Authority of the City of Santa Ana (SAHA) utilized the following percentage of the Annual Budget Authority provided by HUD for each CY below: o CY 2020: 102.2% o CY 2021: 101.7% o CY 2022: 104.7% o CY 2023: 103.4% o CY 2024: 99.2% (It would have been 104.6% but SAHA received $2,746,823 in set -aside funds at the end of CY 2024) Objective # 2: Apply for new funding opportunities for additional vouchers. • FY 2021: o hi October 2020, SAHA received an award of twenty-five (25) additional Foster Youth to Independence vouchers following a competitive application process under PIH Notice 2020-28. o hi November 2020, SAHA received an award of seventy-five (75) additional Mainstream Program Vouchers following a competitive application process under PIH Notice 2020-22. • FY 2022: • FY 2023: • FY 2024: • FY 2025: hi June 2021, SAHA received an award of eighty-nine (89) new Emergency Housing Vouchers awarded under PIH Notice 2021-15. hi September 2022, SAHA received an award of thirty-nine (39) new Housing Choice Vouchers awarded under the Consolidated Appropriations Act 2022 (P.L. 117-103). hi September 2022, SAHA received an award of twenty-five (25) new Foster Youth to Independence vouchers awarded under the requirements of Notice PIH 2O20-28, amended by Notice PIH 2O21-26. hi July 2022, SAHA received an award of $115,500 in Extraordinary Administrative Fee Funding to lease -up Mainstream Program vouchers. hi August 2023, SAHA accepted an award of twenty-four (24) new Incremental Housing Choice Vouchers and Special Administrative Fees awarded under the Consolidated Appropriations Act 2023 (P.L. 117-328) (the 2023 Act) and PIH Notice 2023-21. hi September 2023, SAHA received an award of twenty-five (25) new Foster Youth to Independence vouchers awarded under PIH Notice 2023-04. hi July 2024, SAHA received an award of twenty-five (25) new Foster Youth to Independence vouchers awarded under PIH Notice 2023-04. hi December 2024, SAHA received $2,746,823 in CY 2024 HAP Set -Aside funds, including $2,366,312 for project -based vouchers and $380,511 for HUD-VASH. Goal # 2: Expand participation in the Family Self -Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. Objective # 1: Expand the number of active participants in the Family Self -Sufficiency Program. • As of December for each year below, the Housing Authority of the City of Santa Ana (SAHA) had the following number of active participants in the Family Self -Sufficiency Program for each FY: o FY 2021: 122 active participants o FY 2022: 106 active participants o FY 2023: 93 active participants o FY 2024: 129 active participants o FY 2025: 139 active participants • From FY 2021 through FY 2025, SAHA graduated a total of 37 participants, which would have decreased the number of active participants above. Overall, the number of mandatory slots for SAHA decreased from 60 to 55 slots. As of December 2024, the percent of families enrolled over mandatory slots is equal to 253%. A total of 68% of active participants have an escrow account balance in the program. • From FY 2021 through FY 2025, SAHA sent a monthly electronic Family Self -Sufficiency Program newsletter to our participants who have provided us with their e-mail addresses. Each newsletter features a Story of Success for a family who is participating in the program. hi addition, SAHA also provided an annual calendar to all of our participants that included a Story of Success for each month. Objective # 2: Assist Family Self -Sufficiency Program participants to become self-sufficient and graduate from the program. • The Housing Authority of the City of Santa Ana (SAHA) graduated the following number of participants from the Family Self - Sufficiency Program for each FY below: o FY 2021: 3 graduates o FY 2022: 9 graduates o FY 2023: 8 graduates o FY 2024: 15 graduates o FY 2025: 2 graduates (projected) Page 3 of 9 form HUD-50075-5Y (03/31/2024) City Council 3-7 3/18/2025 EXHIBIT 1 Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations. Objective # 1: Retain High Performer SBMAP status. • FY 2021: o SAHA was certified as a High Performer for FY 19-20. The final SBMAP score for the fiscal year ending 6/30/2020 is 97%. SAHA audited a total of 353 files under SBMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. This is equal to ten (10) times the number of files required to be audited by HUD. For SBMAP Indicator # 5, SAHA audited a total of 49 inspections even though the minimum sample size required by HUD was only 33 quality control inspections. • FY 2022: • FY 2023: • FY 2024: • FY 2025: SAHA was certified as a High Performer for FY 20-21. The final SBMAP score for the fiscal year ending 6/30/2021 is 100%. SAHA audited a total of 273 files under SBMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. This is equal to eight (8) times the number of files required to be audited by HUD. For SBMAP Indicator # 5, SAHA conducted a total of 46 quality control inspections even though the minimum sample size required by HUD was only 34 quality control inspections. SAHA was certified as a High Performer for FY 21-22. The final SBMAP score for the fiscal year ending 6/30/2022 is 100%. SAHA audited a total of 372 files under SBMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. This is equal to ten (10) times the number of files required to be audited by HUD. For SBMAP Indicator # 5, SAHA conducted a total of 69 quality control inspections even though the minimum sample size required by HUD was only 34 quality control inspections. This is twice the number of quality control inspections required to be audited by HUD. SAHA was certified as a High Performer for FY 22-23. The final SBMAP score for the fiscal year ending 6/30/2023 is 93%. SAHA audited a total of 380 randomly selected files under SBMAP Indicator # 3, even though the minimum sample size required by HUD was only 36 files. This is equal to ten (10) times the number of files required to be audited by HUD. For SBMAP Indicator # 5, SAHA conducted a total of 53 randomly selected quality control inspections even though the minimum sample size required by HUD was only 35 quality control inspections. SAHA was certified as a High Performer for FY 23-24. The final SBMAP score for the fiscal year ending 6/30/2024 is 97%. SAHA audited a total of 425 randomly selected files under SBMAP Indicator # 3, even though the minimum sample size required by HUD was only 36 files. This is equal to twelve (12) times the number of files required to be audited by HUD. For SBMAP Indicator # 5, SAHA conducted a total of 50 randomly selected quality control inspections even though the minimum sample size required by HUD was only 35 quality control inspections. Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords. Objective # 1: Communicate on a regular basis with active landlords by providing information on key program updates. • FY 2021: o During this Fiscal Year, the Housing Authority of the City of Santa Ana (SAHA) e-mailed a newsletter in July, October and December due to the COVID-19 pandemic. FY 2022: o During this Fiscal Year, SAHA e-mailed a newsletter in December and January due to the COVID-19 pandemic. During FY 2023, FY 2024, and FY 2025, SAHA sent an electronic Landlord Newsletter to our active landlords on a monthly basis. Each newsletter provided key program updates and information for landlords. Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program. • For FY 2021, FY 2022, FY 2023, FY 2024, and FY 2025, the Housing Authority of the City of Santa Ana maintained an active membership with the Orange County Apartment Association. Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants. Objective # 1: Provide an annual mandatory training for all Housing Authority staff. • The Housing Authority of the City of Santa Ana held an annual, mandatory Fair Housing Training for all Housing Division employees on the following dates: o September 11, 2020 o August 27, 2021 o August 18, 2022 o August 31, 2023 o August 22, 2024 Objective # 2: Provide information on fair housing to owners and participants. • For FY 2021, FY 2022, FY 2023, FY 2024, and FY 2025, the Housing Authority of the City of Santa Ana provided information on fair housing to owners and participants. Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. • For FY 2021, FY 2022, FY 2023, FY 2024, and FY 2025, the Housing Authority of the City of Santa Ana provided information on VAWA to all program applicants, participants and landlords. Page 4 of 9 form HUD-50075-5Y (03/31/2024) City Council 3-8 3/18/2025 EXHIBIT 1 BA Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities, objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. The Housing Authority of the City of Santa Ana will provide information on the Violence Against Women Act (VAWA) to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. C. Other Doeument an alor Certification Requirements. CA Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. The Housing Authority of the City of Santa Ana defines "significant amendment or modification" as any that meet all of the following criteria: Would create a mission, goal or objective that would fundamentally change the existing mission, goals, or objectives already identified by the Housing Authority and would require formal approval by the Board of Commissioners. Any significant deviation or modification is subject to the following requirements: • The PHA must consult with the Resident Advisory Board (RAB) (as defined in 24 CFR 903.12); • The PHA must ensure consistency with the Consolidated Plan of the City of Santa Ana (as defined in 24 CFR 903.15); and • The PHA must provide for a review of the amendments/modifications by the public during a 45-day public review period (as defined in 24 CFR 903.17). • The PHA may not adopt the amendment or modification until the PHA has duly called a meeting of its Board of Directors (or similar governing body). This meeting, at which the amendment or modification is adopted, must be open to the public. • The PHA may not implement the amendment or modification until notification of the amendment or modification is provided to HUD and approved by HUD in accordance with HUD's plan review procedures (as defined at 24 CFR 903.23). C.2 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) have comments to the 5-Year PHA Plan? Y N ® ❑ (b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. Three Resident Advisory Board meetings were held on February 5, 2025 with 39 HCV participants who receive assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board in English, Spanish and Vietnamese. The 39 members of the Resident Advisory Board provided input for the development of the 5-Year Plan. SAHA also conducted a survey for all of HCV participants. The survey was e-mailed to all active HCV participants who have provided their e- mail address to our staff. A total of 16 responses were received to the survey. Staff analyzes all of the recommendations from the Resident Advisory Board and survey responses by: 1) considering the feasibility of each recommendation; 2) discussing as a team how SAHA could implement each recommendation; and 3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by the Housing Authority. C.3 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. Page 5 of 9 form HUD-50075-5Y (03/31/2024) City Council 3-9 3/18/2025 EXHIBIT 1 CA I Required Submission for HUD FO Review. (a) Did the public challenge any elements of the Plan? Y N (b) If yes, include Challenged Elements. Page 6 of 9 form HUD-50075-5Y (03/31/2024) City Council 3 — 10 3/18/2025 EXHIBIT 1 D.1 Affirmatively Furthering Fair Housing. (Non -qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.) Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housinz strate,-ies and actions to achieve the zoal Fair Housing Goal: Describe fair housin,- strate,-ies and actions to achieve the -oal Fair Housing Goal: Describe fair housin,- strate,-ies and actions to achieve the -oal Page 7 of 9 form HUD-50075-5Y (03/31/2024) City Council 3 —11 3/18/2025 EXHIBIT 1 Instructions for Preparation of Form HUD-50075-5Y - 5-Year PHA Plan for All PHAs A. PHA Information. All PHAs must complete this section. (24 CFR § 903.4) A.1 Include the full PHA Name, PHA Code, PHA Fiscal Year Beginning (MM/YYYY), Five -Year Period that the Plan covers, i.e. 2019-2023, PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. B. Plan Elements. BA Mission. State the PHA's mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA's jurisdiction for the next five years. (24 CFR § 903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low- income, and extremely low- income families for the next five years. (24 CFR § 903.6(b)(1)) B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR § 903.6(b)(2)) BA Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR § 903.6(a)(3)). C. Other Document and/or Certification Requirements. CA Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the `Sample PHA Plan Amendment' found in Notice PIH-2012-32, REV 2. C.2 Resident Advisory Board (RAB) comments. (a) Did the public or RAB have comments? (b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR § 903.17(b), 24 CFR § 903.19) C.3 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. CA Required Submission for HUD FO Review. Challenged Elements. (a) Did the public challenge any elements of the Plan? (b) If yes, include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. D. Affirmatively Furthering Fair Housing. (Non -qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.) DA Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: "To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' ... PHA Plans (including any plans incorporated therein) .... Strategies and actions must affirmatively further fair housing ...... Use the chart provided to specify each fair housing goal from the PHA's AFH for which the PHA is the responsible program participant — whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction — and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D.; nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This information collection is authorized by Section 511 ofthe Quality Housing and Work Responsibility Act, which added anew section SA to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan, The 5-Year PHA Plan provides the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan Public reporting burden for this information collection is estimated to average 1.64 hours per year per response or 8.2 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number, Page 8 of 9 form HUD-50075-5Y (03/31/2024) City Council 3 — 12 3/18/2025 EXHIBIT 1 Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itselfto confidentiality. Page 9 of 9 form HUD-50075-5Y (03/31/2024) City Council 3 — 13 3/18/2025 EXHIBIT 1 Certifications of Compliance with U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plan and Related Regulations OMB No. 2577-0226 (Standard, Troubled, HCV-Only, and Expires 3/31/2024 High Performer PHAs) PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year Plan and Annual PHA Plan, hereinafter referred to as "the Plan ", of which this document is apart, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the PHA fiscal year beginning July 1, 2025, in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located (24 CFR § 91.2). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments (AI) to Fair Housing Choice, or Assessment of Fair Housing (AFH) when applicable, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan (24 CFR § § 91.2, 91.225, 91.325, and 91.425). 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title 11 of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintains records reflecting these analyses and actions. 8. For PHA Plans that include a policy for site -based waiting lists: • The PHA regularly submits required data to HUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2011-65); City Council Page I of 3 — 14 f6nnHUD-5®/ aQ(TS-HP(3/31/2024) EXHIBIT 1 • The system of site -based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site -based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; and • The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR 903.7(o)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR § 5.105(a)(2), HUD's Equal Access Rule, the PHA will not make a determination of eligibility for housing based on sexual orientation, gender identify, or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD -assisted housing. 11. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 16. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 19. The PHA will comply with the policies, guidelines, and requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance, including but not limited to submitting the assurances required under 24 CFR § § 1.5, 3.115, 8.50, and 107.25 by submitting an SF-424, including the required assurances in SF-424B or D, as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Housing Authority of the City of Santa Ana CA093 PHA Name PHA Number/HA Code 5-Year PHA Plan for Fiscal Years 2025 — 2030 Annual PHA Plan for Fiscal Year 2025 — 2026 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). Michael L. Garcia Signature Mayor Valerie Amezcua Date I Signature Date City Council Page 2 c3� - 15 form HUD-5o811-SHP (3/31/2024) EXHIBIT 1 The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. This information is collected to ensure compliance with PHA Plan, Civil Rights, and related laws and regulations including PHA plan elements that have changed. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. City Council Page 3 c3� - 16 form HUD-5o8jj-8xr (3/31/2024) EXHIBIT 1 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHAs) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 3/31/2024 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Valerie Amezcua, Mayor for the City of Santa Ana, certify that the 5-Year PHA Plan and Annual PHA Plan of the Housing Authority of the City of Santa Ana (CA093) is consistent with the Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the City of Santa Ana pursuant to 24 CFR Part 91 and 24 CFR § 903.15. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al: The 5-Year PHA Plan and Annual PHA Plan ("Plan") is consistent with the community development needs and market conditions stated in the Consolidated Plan and the Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing because the Plan is consistent with the objectives, outcomes, and needs identified in the Plan Needs Assessments and citizen participation process. It also seeks to address the needs identified in the in the Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing for the City of Santa Ana. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012, 31 U.S.C. 3729, 3802) Title: Mayor Valerie Amezcua I Mayor, City of Santa Ana Signature: I Date: The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Page 1 of 1 form HUD-50077-SL (3/31/2024) City Council 3 — 17 3/18/2025 EXHIBIT 1 ORANGE COUNTY REPORTER SINCE 1921 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 ABIGAIL ALCALA CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County ofORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: PH Notice - 5YR Annual Plan - English 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: 01 /31 /2025 Executed on: 01/31/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature * A 0 0 ®un 1 6 0 0 3 Email This space for filing stamp only OR#: 3890646 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 Santa Ana Housing Authority will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final. Proposed Action: The Housing Authority of the City of Santa Ana will conduct a public hearing to consider the Fiscal Year 2025 - 2030 5-Year Plan and Fiscal Year 2025 — 2026 Annual Plan for the Housing Authority of the City of Santa Ana (CA093). The Housing Authority is required to hold a public hearing to discuss and hear public comments on the 5-Year Plan and Annual Plan prior to submission to the U.S. Department of Housing and Urban Development (HUD). A minimum of a 45-day notice of this public hearing is required by the federal regulations. Pursuant to the Quality Housing and Work Responsibility Act of 1998 (Public Law 105-276), the Housing Authority of the City of Santa Ana is required to prepare a 5-Year Plan and Annual Plan. The 5-Year Plan for Fiscal Year 2025 - 2030 provides details about the Housing Authority's mission, goals, and objectives, and the progress the Housing Authority has made in meeting the goals and objectives described in the Housing Authority's previous 5-Year Plan. The Annual Plan provides details about the Housing Authority's immediate operations, program participants, programs, and services, and the Authority's strategy for handling operational concerns, participants' concerns and needs, and projected programs/services for Fiscal Year 2025 - 2026. The Annual Plan also examines long-range and short-range strategies to address needs as identified by the Resident Advisory Board. Meeting Time and Date — This matter will be heard on Tuesday, March 18, 2025 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 Housing Authority 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 3-18 in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday prior to the Council meeting at: www.santa-ana.org/agendas- and-minutes. Who To Contact For Questions - Should you have any questions, please contact Judson Brown, Housing Division Manager, at (714) 667-2241 or you can send an email to jbrown@santa-ana.org. Si tiene preguntas en espanol, favor de llamar al 714-647-6520. Neu can lien lac bang tie-ng Viet, xin dien thoai cho Kristie Ha so (714) 667- 2206. 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 Housing Authority of the City of Santa Ana at, or prior to, the public hearing. Jennifer L. Hall, CMC City Clerk Publish Orange County Reporter - Legals Section Date: January 31, 2025 1/31/25 OR-3890646# 3/18/2025 EXHIBIT 1 915 WILSHIRE BLVD. SUITE $W, LOS ANGELES, CA 90017 Telephone (213) 896-2260 / Fax (213) $916-2236 (2015.5 C.C.P.) State of Callomia I County of LOS ANGELES )ss Notice TYPO: GPN1 - GOVT PUBLIC NOTICE Ad Description: PH Notice - 5YR Annual Plan - Spanish I am a citizen of the United States and a resident of the State of Califomla; 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 LA OPINION, a newspaper published in the English language in the city of LOS ANGELES, county of LOS ANGELES, 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 LOS ANGELES, State of California, Under date 07128/1969, Case No. 950176. That the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper aind not in any supplement thereof on the following dates. to4M: 01131/2025 Executed on: 01/3112025 At LOS ANGELES .CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. CNS#: 3890651 AVISDO JE AU0"CIA USUCA ANTE EL CONCEJO MUNICIPAL DE LA ClUDAD DE SANTA ANA, CA Le Chided do $40% Ana anima at pillilloo a icipar on d proceso, dpoirlo tot do doe La dames el awlso aligulei Pam pumb how pregu= Y comenlarlos, Y rm"tenem bidannaft sabre loo, prairedos us prredan . sor irrrparlaralas Pam uslad. anknamon a que W =U0ton .1. do la Audlei PMi al Hens alauna Wei Autoridad do Vivianda do Santa Ana coletrout una AudWri Pfti pare reCbk testimonies del tornard ruerwas 6�=. ft.w. . La dedsi6n sobre esto a5unto serd definitive. La Autondacl 4 d*Wanda de Is Ciudad deSanta Ana Covert a cabo me audiands p(dilion en ounsiderar of Plan Oumquenai y el Plan Anual del Allo Fisol 20254W26 pans is Aulcoidad do Vyienda do N Chri do Santa Ana Veirienda esd (GA093l, Le Autorided de a reaftar une =a del p6tilloo solife of Plan =u onerY erVes"id Plan do presentarto al Departamenta do Vivirindo Doswrollo Urtwo 04,YIM ES10400 Uncles JmuoLas relltdadones ladendes one do este audienda on un a, minimdr4ridies do ardelad6n, Conftwme a Is L de Viiiiiando do Clod M.Nded taboret (Ley PQbkA =276 le Autoricied do nd= to Ciudad do Santa Ana eift otAIC a lirwarer un Outiquenal y on Plan 8 Plan QUInquSnal do mtebllee sobna to raildidn, =01trogind do to do VMenda, y to 14 =VW= he Aut logrado an el do ks Y diietwas This spate for Ming damp only doi en el Plan 0- anal: Manor do to Auto ad d Vivianda. EJ plan Qui= :��tas operaciones immediaw do la Autoridad do Yhriende, Its, particoantes an Jos pir"romes. be pragrwnas Y senraii Y is 831ratiqla do to Autoddad pare las JM= openrtiva% LIS ieh= do Wy parbCoult- progroriloo or Aflo C. =2=25-29.10Pion Anual tambift examine las astimi a caft Y lar PW- %awlw-ft I. . identillocades par A =10M. Asesar do y 18 de, memo del 202S a las 514 paroads an to r:� 22 arwr%=nla Ana. California 927OZ El =do a untrue a Zoom Pam obteriff la irdrinnaci6n mile actualtzada sabre 06"M pardi Vifluatini on age reurd6n. Vieft MWtVAM.sai ::Zrando"nd- comenteiii ei Si no puede parbi an to roun4n, puade, envier sus comerai Per esi par owoo ekm&ftico a ecrimmard@santii amArg at Comoro du artioulo del orden del d1a an to Ifnea do asunto) o JV 00i =Ione"A L. Hath e MuniciW, Ciudad do Santa Ana, 20 CIVIC Center pli - M30, Santa Ana, CA 92701. La Wre llmft prowtar Gomenb= Per waito es a tas 4.0 E del die do to rouni6n. comentaries redbidoo doi do to fecha Vraft no, "M 5er distitiuitim Auturitiod do Viiiiiiiiiiiiiiiiii per* liorm"n Parts del ionto Sim aii to lit Por finior can Judi =1E Gerente do to Diiiiii a; Vhriorido. al (714) 667- 2241 o panda emar un craffea eleMftico a (town@santa-ani Si dorm on a MP, war do spa T=ads Ramor W4) 61 0. "M " Ilan PC Iiiing a" Wirt. mini On, thiiii Cho =! 14) Si mwugna As obi sobre ashir asunb. puede fimilarfm a 6nAmments "I'a" Ti Guesoofts qua USW u olm persona plentearon on Is audiands p0btkie domrift on osb a,vkm a an coneVandlarmia 680610 a da4o Auftrr*(vd=honto to Ciudad de Santa Are an to 0 can =V%-lb Inksma. Jennifer IL NE1111. CMC seastmia Municipal WIMS CNS%la9osslo LA OPINION —19 3/18/2025 California Newspaper Service Bureau Public Notice Advertising Since 1934 rwC1NrRAO Tel 1-800-788-7840 Fax 1-800-474-9444 Vf Bu6i TRtl C4u DAN? TAU40C HOI 06NG Local Offices ands Representatives in: THANH PH6 SANTA ANA, CA Los Angeles, Santa Ana, San Diego, Riverside/San Bernardino, San Francisco, Oakland, San Jose, Sacramento quAtrinh1aquy4tdlnh.Th6nqll Special Services Available in Phoenix satt duct dua rJ do quy vi cd thl dAl au h&, dura y wnvb cjpnhsl Mnq On V6 ck duln OQ quan Uong d6i voi quy of Chung 16i mOng quy vi 0 liOn lac 0i <hOng lditlurd(MiTrl CJu Dan Ynou qul vi (4h6t kycSu h6i nbo, Colo U an Thim OWOn Nhii 6 SO 16 chyr DECLARATION mot bu6i 114019 Clu Dan Y do nh4nl61ChMgc6ac6ngchl SO C6 Minh dOng d6i voi muc dulk n#u dUd! day. So Co qul ifinh CUS Cil V6 VsA do nay. Con 11, 1%1,1�0n Nhb 0 Santa '�' A 0 hinh mot PhlOn l"Pig cAu ClAil i do xern I am a resident of Los Angeles County, over the age of rot K6 Hoach main (5) narn Cho eighteen years and not a party to or interested in the NAM U Mot 2025 • 2030 va Orn ill thl 2025.2026 Cho Co matter noticed. QuanTh1MQuY4ftNhAOThAnh Ph6 Santa Ana iCA0931, Cc Quin ThSm Qul Nha, 6 Wqt you Caiv 16 ch0c mot bu6i Inpig tiu dl n 9 66 thic; lul YA llng light 0 Won The notice, of which the annexed is a printed copy c6a c6ing Chung YO KO l S appeared in, the: NAM vA Ing Mtn noldc khi Of With chl"86 Phil Trion Nbi vA NGUOI VIET 06 Thi Hop K9 1HUD), Thong bSo lruidc l6i itijou 45 n9by vo phion tiling du Clan y may IS bit buoc theo quy dinh C63 lion bang On the following dates: Ol then 64* tudl Phim Chit Nhil 6 vb TrAch Nhi,om Cong ViJC 01/31/2025 n3m 1"S Kong Lil V0S-276L CoQuin Thim Quyon Nha 6 Thank Ph6 Santa Ana dugs you Clu chuln bi Ki Hoach Cho S I certify (or declare) under penalty of perjury that the Nam va m6f rism, foregoing its true and correct. K# Hoach n1in (5) NAM, 2025 2030, sung Clip Chi b6t vO nhiem no, milt titv VS it dich o6a Co Quin ThAlm QuyOrl Nhii 6, vb twin tdAh CO Quin ThSm Ouy4n NhS 0 Dated at Los Angeles, California, this do dat dtipp: trong Ilk thlic Win tat m'YC liou VA my( dutch duos 7th day of February 2025 M6 th trong K# Hwch (SAM (5) him ntik dAY cOa Cc Quin thim QuY#A Nhil it. Con K# Hop ch as Hang NAM Lung CJp Chi riot Vol (AC boat dong hilt m Cut Co Quan ThAm Quy#n Nhb 0, nhimg 1190 thaw, gia Chuang tdnh, cac (111(mg trinh Yb dich vy va chitin h1o'C' c4a CoOvan do gill Clap Co( m6i quan lam vol boat d#jl ml quan tam YA nhu clu Clip ngk16n vYdL'oc W WhoachchoNam Ilan Wal 202S - 2016. K6110tichHang DEBBIE YiERKES NAM tong peril 01 cat chtgn hurgic dAl ban VS ngln ban do g4f quy6t Signature CAC nhu clu dupic x4c dinih bell Ban (6V1nCu7,u, MCGtan. vi Noav igjp .. Vin do nay so 4100C Ifthig CAU f Clan `60 5 91630 chlOuThOU ngby It thing 3,201 Sholkingay,,u, 38910649 khl V14 60 duloc long righe jai Ph6ng HN 06ng Thl Ph6,22 "The only Public Notice which IS JuStirlable Civic Plaza, Santa Ana, CA from the standpoint of true economy and the public interest, 9270. Cling ChOng C6 th6 tham is that which reaches those who are affected by it" do culic hop nay hVC hop Ill qua 20orn. 06 Mot thong tin RIM nhSt vii cAch than gia cuoC hop INC lul nay, vui long troy cap hhPSJ/www,santa-anaor9/ agendas -andt,minutesi I quy vi khan g thO than is to I split imil [Lill, 14111011111411111 11.14 `4uY V! CO Ifte gill nhiin pot City 2 1 2 ,,3-20 bang On ban qua email don /18/2025 ecommenl@Santal-ana,org (gfij Mliefiance the Agenda item i trong myc tifu do) hay gull thij DEBBIE YERKES Signature 3890649 'The only Public Notice which is justifiable from the standpoint of true economy and the public interest, is that which reaches those who are affected by it" mot quan tam vil, hoal dbng, m& quart tam vA nhu clu (6A rigua tharnglavi<AcchiLlung idnh/dich YY dd0c On k4hoxhcho NAmTbj Kh6a 2025 - 2026, M Hoilich Hang N3M tong item x4t chc chilfo h(9c dAl hark wh ngAin W d4 9fill girrol cat nhu cSu duOt )rk cfinh M 6anC6Wan Cqrn;, RIMA4B.AfttLft Vin di! ASY sk 01114c " du 7l clan V10 5 sUr 30 chwu The Bald noy 10 thing 3, 202 Sho4c n9ay ia. kill An df dvoc Illing righe tal Ph6n9 HO Ddirig Thlinh Phil, 22 Civic Center Plaza, Santa Aina, (A 9270. Cling chting c6 thif tharn dtr -0c h9p nay hat filip Milt qua Zoom, W Ut thing tin mdi nhift vi cAch tharn gia cluot hop t1VC tUYM nay,, vui 16ng truy CJP httPWAvww,santa-an&orqj agendas -and -minutes/ Nun L4tA1B%-1k-WL144U quJi in kh6ng IN tharn gia cu0c h9p. qui v) C4 thi! 90 nh4n x4t bgng van bAn qua email don eCOnment@santa-ana.org (9hi reference the Agenda item # Irting mqc Mu d61 bay go thu dA Jennifer L Hall, QV Clek Cily Of Santa Ana, 20 Ciwc Center Plaza - M30. Santa Arm, CA 92701. Han ch6t dg go nh4n x& blq vAn ban Ili 4 BIN thk4u VA* n9by On ra, cu0c hop, I k14n nh4n &;at sau thoi ban c6 IhO "g thicic go cho Co quan Th$m Quyk N hA a nhung fhdour due via h6sa Wbiml - Tst tick boo coo c6a nhAninprilion quan din b6t k� myc nAci hrong clitiong Mob nghi sr nSy 44u c6 sAn z14 ktim tra cling khai Jai V3n Phbr,9 Luc SV ThAnh Ph6 trorig 916 IAM vifc thdMg If vii dvqc d&ng tirk trang web cia Thlinh Ph6 vJQ 1110 Ba Wort cuoc hop Hiij 06ng tai: wwwsanta-ana. org/ageridih-and-rndnutes. N& 0 CAR MbLIM-CAA w Let Ali Neu W9 0 to 0 lly Mir hill narn, xin vui long 14n at Judson Brown, OuA,n L* Ban ghb tP, qua s6 (7141667-2241 lo;c q09 vj cii thil go email t6i browniiasant.-an"19. Mu CA IiM lac: bring Ong Vol, �in diOn thriall rho Kristie Ha sil 7141667-2206. ifu 0114 A Phil," dZi juy9t 61oh 4 Yin dt Irk qu9 vi cti thi bi an 66 chi n#u ra nh(ing VIM 4 rob qu9 vi ho4c 09061 kh$c a nfu ra tal bu6i tnmg clu dAn dVot n6i don hang thing bho by, boat: Wng van bin go tib JoUanThIm Quy4n W Oc6a, Onh Ph6 Santa Ana fair, ho3c v6c pNdn dOu flan cling khai. nnifer L. Hall, CMC Nan Vi#n Wri Ph6ng Thlinh Ph6 iriq b6 Orange County porter - Legats Section )Ay: Ngky 31 thIng 1, 202'5 11/25 IS-38906494 WOMET EXHIBIT 1 City Council 3-21 3/18/2025 EXHIBIT 1 Santa Ana Housing Authority Five -Year Plan The Housing Authority of the City of Santa Ana is preparing our Five -Year Plan for FY 2025-2030 to submit to the U.S. Department of Housing and Urban Development. Housing Choice Voucher Program participants are invited to attend a Resident Advisory Board Meeting and complete a brief survey (see QR Code or link below) to assist and make recommendations regarding the development of the Five -Year Plan. Resident Advisory Board Meetings Date: Wednesday, February 5th, 2025 Time: 2:OOPM 3:OOPM Location: Santa Ana Housing Authority 20 Civic Center Plaza Santa Ana, CA 92701 IF YOU WOULD LIKE TO PARTICIPATE ►N THIS MEETING, PLEASE RSVP BY CALLING (714) 667-2269_ THIS MEETING W►LL BEIN-PERSON. It + "T"w"T"'17117Tr , I. 771'"M Iol 0 ■ 0 U City Council 3 — 22 3/18/2025 EXHIBIT 1 Reuniones del Consejo Asesor de Residentes Fecha: mi rcoles, 5 de febrero del 2025 Hora: 2:00PM a 3:00PM Lugar: Autoridad de Vivienda de Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ¡Tome una encuesta! Escanee el Código QR a la derecha o visite: www.surveymonkey.com/r/ PFN7VLS CcY Quan Quan Ly Nha 0 Santa Ana Ke Hoach 5 Nam Co, Quan Quan Ly Nha O' Thanh Pho Santa Ana Bang chuan bi nam (5) nam tai chanh Ke Hoach Hang 2025-2030 de trinh len Bo Phat Trien Nha va flo Thi Hoa Ky. Nhivng ngu'di tham gia Chuang trinh Phieu Chon Nha dvdc mdi tham dv Cuoc Hop cua Ban Co Van Cv Dan va/hoac hoan thanh mot cuoc khao sat ngan (xem Ma QR hoac lien ket ben du'(yi) de ho tro, va diva ra cac de nghi lien quan den viec phat trien Ke Hoach 5 Nam. Cac Cuoc Hop cua Ban Co Van Cu' Dan Ngay: Thu" Tu', ngay 5 thang 2, 2025 Gid: 2:00 chieu 3:00 chieu Dia diem: Cop Quan Quan Ly Nha o' Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 TF?Y..i I,,,,&I BA NG (.-,A CH GOI S _ (" 4) 667-2229. DA y" SE I,,,,A MOT CUOC HOP vmw.surveymonkey.com/r/PFN7VLS E City Council 3 - 24 3/18/2025 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 �714�667-2200 w w s n a-ana ora Resident Advisory Board Meeting Agenda February 5, 2025 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? 2. What recommendations do you have to more effectively address your housing needs? City Council 3 — 25 3/18/2025 EXHIBIT 1 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? Family Self -Sufficiency 7. What recommendations do you have to change or improve our Family Self -Sufficiency Program? City Council 3 — 26 3/18/2025 EXHIBIT 1 8. What recommendations do you have to encourage and motivate more assisted -families to join our Family Self -Sufficiency Program? Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? City Council 3 — 27 3/18/2025 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 �714�667-2200 w w s n a-ana ora Orden del dia de la Reunion del Consejo Asesor de Residentes 5 de febrero del 2025 I. Bienvenida y presentaciones II. Explicacion del proposito y la funcion del Consejo Asesor de Residentes (24 CFR 903.13) III. Explicacion del Plan Quinquenal 2025-2030 de la Autoridad de Vivienda (24 CFR 903.3) IV. Explicacion de la actualizacion del plan administrativo del Programa de Vales de Eleccion de Vivienda y su relacion con el Plan Quinquenal 2025-2030 Necesidades de vivienda y estrategia para abordar las necesidades de vivienda 1. �,Cuales son sus necesidades de vivienda y cuales calificaria como sus tres necesidades de vivienda principales? 2. �,QuA recomendaciones tiene para abordar con mayor eficacia sus necesidades de vivienda? City Council 3 — 28 3/18/2025 EXHIBIT 1 3. Como el mayor proveedor de ayuda a la vivienda de nuestra comunidad, �,que cree que deberia hacer SAHA para abordar las necesidades de vivienda de nuestra comunidad? Elegibilidad, seleccion y admisiones 4. �,Que recomendaciones tiene para cambiar o mejorar nuestras norm as de elegibiIidad, seleccion y admisiones, incluidos los procedimientos de desconcentracion y de listas de espera? Determinacion de renta 5. �,Que recomendaciones tiene para cambiar o mejorar nuestras norm as de determinacion de la renta? Operacion y gestion 6. �,Que recomendaciones tiene para cambiar o mejorar nuestra operacion y gestion? Autosuficiencia familiar 7. �,Que recomendaciones tiene para cambiar o mejorar nuestro programa de autosuficiencia familiar? City Council 3 — 29 3/18/2025 EXHIBIT 1 8. �,Que recomendaciones tiene para animar y motivar a mas familias asistidas a unirse a nuestro programa de autosuficiencia familiar? Progreso para cumplir nuestra mision 9. ,Como podemos mejorar nuestro progreso para cumplir nuestra mision y apoyar mejor sus necesidades de vivienda? 10. jiene alguna otra recomendacion para mejorar nuestro programa y nuestros servicios para usted, nuestros arrendadores y nuestra comunidad? City Council 3 — 30 3/18/2025 EXHIBIT 1 THANH PHO SANTA ANA THAM QUYEN NHA 0 SANTA ANA 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 �ananv Santa-ana org Chuang Trinh Hop Ban Co Van Cv Tru Ngay 5 thang 2, 2025 I. Chao flon va Gi(Yi Thieu II. Giai thich ve Muc D ch va Chic Nang cua Ban Co Van Cu Tru (24 CFR 903.13) III. Giai thich ve Ke Hoach 5 Nam cua Ca Quan Tham Quyen Nha a (24 CFR 903.3) IV. Giai Thich ve Cap Nhat Ke Hoach Hanh Chanh Chuang Trinh Phieu Lva Chon Nha O'va no Lien Quan den Ke Hoach 5 Nam Nhu the Nao fle Nghi cua Ban Co Van Cu Tru ve cac Van fle trong Ke Hoach 5 Nam cua Ca Quan Tham Quyen Nha O' Santa Ana: (24 CFR 903.7) Nhu Cau Nha O' Va Sach Luac Giai Quyet Nhu Cau Nha O' 1. Nhu cau nha a cua quy vi la gi va hay cho biet ba nhu cau nha a hang dau cua quy vi? 2. Quy vi co nhixng de nghi gi de giai quyet hieu qua han nhu cau nha a cua minh? 3. La nha cung cap dich vu ho tra nha a Ian nhat trong cong dung cua chung ta, theo quy vi, SAHA nen lam gi de giai quyet nhu cau nha a trong cong dung cua chung ta? City Council 3 — 31 3/18/2025 EXHIBIT 1 Tinh du dieu kien, Iva chon va chap nhan 4. Quy vi co nhixng de nghi nao de thay doi hay cai thien cac chinh sach ve tinh du dieu kien, lua chon va chap nhan cua chung toi, bao gom cac thu tuc phan quyen va danh sach cha? Mc Dinh Tien Thud Nha 5. Quy vi co de nghi gi de thay doi hay cai thien chinh sach xac Binh tien thue nha cua chung toi? Dieu Hanh va Quan Ly 6. Quy vi co de nghi gi de thay doi hay cai thien viec flieu Hanh va Quan Ly cua chung toi? Gia Dinh Tug Luc (Family Self -Sufficiency) 7. Quy vi co nhixng de nghi gi de thay doi hay cai thien Chuang Trinh Gia Dinh Tu° Luc cua chung toi? City Council 3 — 32 3/18/2025 EXHIBIT 1 8. Quy vi co nhixng de nghi gi de khuyen khich va thuc day them nhieu gia dinh duac ho tra tham gia Chuang Trinh Gia Dinh Tu° Luc cua chung toi? Tien Trinh Hoan Thanh Sig Menh cua Chung Toi 9. Lam the nao chung toi co the cai thien tien trinh cua minh de hoan thanh sU menh cua minh va ho tra tot han nhu cau nha a cua quy vi? 10.Quy vi co de nghi nao khac de cai thien chuang trinh va dich vu cua chung toi cho quy vi, chu nha va cong dung cua chung to khong? City Council 3 — 33 3/18/2025 H m X w LO N O N co C7 CV7 �, City C 00 EXHIBIT 1 rm .0 0 M r m m " . a �° - 0 c r Ln _3 Qn 4-1 � k pis % + uv � rn Ln Kitt ouncil 3 - 35 3/1' /2025 City City c 0,00 = w ` _ r Own W ON A -SOW aunts, it WON, W HOT t C , _ E rc r z mint � K\ Q Anil WAS Wlol vy # i� VtilV0 3/1 /2025 P V Y. p 7 r H � E -- Ln NJ Ln . N `j ' Ln Lit .'00 ^.1 cn, f_n " OV 'G7 V7 . ` - SAY - - ,3 4 {r rn mw rn m u a t m City Cpunc l ) I 3 ^ 8 L.' 3/1 t/2025 City C cn' Ln w µumm w x � � 00 1p Lr) � z « ,t 4 �uncil 3 — 9 3/1 /2025 City C co EXHIBIT I w .µ G�® N f �wx m+ww �'Mnw� � fl m N (DIN, '�u✓"w �h �v wM m yy w "� �µx �rwxow IwM xk' ✓wp P SIX Z141, �ouncil 3 - 40 3/1 /2025 City EXHIBIT 1 nglli Ih Session Staff INotes CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 7141667-2200 w w.s nta-ana.orq Resident Advisory Board Meeting Agenda February 5, 2025 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: (24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? - Affordability, accessibility and safety - New Developments with improvements for disabled & impaired individuals - Appliance upgrades: counter tops, buttons, brail, blinker lights, etc.. - Buildings that are all ADA accessible - Senior Complexes with walk in showers, slip resistant 2. What recommendations do you have to more effectively address your housing needs? - Better communication: no one answers phone, no email reply - Frustration with calling endless agency list - Requesting board be formed OR suggestion box, to provide feedback to housing authority - More collaboration/ options on accessibility, quality, safety, affordable housing options - More compassion from staff & open minded - Increase occupancy standards City Council 3 — 43 3/18/2025 EXHIBIT 1 More in person appointments & meetings 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? - Increase affordable housing Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentrating and waiting list procedures? - Fair eligibility procedures, agree with prioritizing live/work preference Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? - More details regarding 40% calculation - Lower 40% of income towards rent requirement Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? - Better communication & friendlier staff - In person appointments - Different formation options for submitting Rx Packet (via online portal) - Staff does not answer phone or return calls Family Self -Sufficiency 7. What recommendations do you have to change or improve our Family Self -Sufficiency Program? - Clear communication of program specifics. - What are the benefits of the program, how will joining affect my participation in housing. - Provide more resources in the newsletter. 8. What recommendations do you have to encourage and motivate more assisted -families to join our Family Self -Sufficiency Program? - Better presentation explaining incentives and providing examples City Council 3 — 44 3/18/2025 EXHIBIT 1 Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? - More information meetings, quarterly & zoom options 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? - Enhanced communication - More resources, published on website - Rental database `slumlords' list - Better voucher briefing — coaching for first time apartment searching City Council 3 — 45 3/18/2025 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza * P.0, Box 22030 Santa Ana, California 92702 (714) 667-2200 yjMta-ang.or �g Resident Advisory Board Meeting Agenda February 5, 2025 1. Welcome and Introductions Ill. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) 111. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Authority 5-Year Plan: (24 CFR 903'.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you ran as yourtop three h9usi g needs? LILYZ/ W6 2. What recommendations d p you have to 77 jltt /T. effectively address your housing needs? City Council 3-46 3/18/2025 EXHIBIT 1 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needin our community? NA Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? Rent Determination Operation and Management 6. What recommendations do to than e e i �.�i7:veour rent det ' naion pol S? t' 5 to change or improve our Operation and Management? Family Self -Sufficiency 7. What recommendations do you have to change, or improve our Family Self -Sufficiency Program? EXHIBIT 1 8. What recommendations do you have to encourage and motivate more assisted -families to join our Family Self -Sufficiency Program? Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? City Council 3-48 3/18/2025 EXHIBIT 1 CITY OF SANTA AAA SANTA ANA HOUSING AUTHOR" 20 Civic Center Plaza a P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 ��A..s2LW-ana,arg Resident Advisory Board Meeting Agenda February 5, 2025 I. Welcome and Introductions Il. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) 111. Explanation of the Housing 5-Year Plan. (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident AdvisooL Board on Items in the Santa Ana Housing Authority 5-Year Plan: L24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? 2. What recommendations do you have to more effectively address your housing needs? C't 3 —AQ /18/2025 /f A po Y/1�7 IfA9 EXHIBIT 1 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? re.,/t/)/ c.41,t-y ovkomr� rIVA Eligibility, Selection, and Admissions 4, What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? Rent Determination 5. What recommendations do you have to change or improve our rent determination, policies? - ------ - - - - -- --------- - Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? lnplz Family Self -Sufficiency 7. What recommendations do you have to change or improve our Family Self -Sufficiency Program? City Council 3-50 3/18/2025 EXHIBIT 1 8. What recommendations do you have to encourage and motivate more assisted -families to joiin our Family Self -Sufficiency Program? -.-- - b4frACIA C)qt4m) /"0 /4 e)/? oo le, A rIA'aj. PIA31 - /h 0A'T#w Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? lei qt,16 --------- - ---- 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? City Council 3-51 3/18/2025 EXHIBIT 1 9 SANTA ANA HOUSINGAUTHORITY 20 Civic Center Plaza * P.O. Box 22,030 Santa Ana, California 92702 (714) 667-2200 Resident Advisory Board Meeting Agenda February 5, 2025 I. 'Welcome and Introductions 1I. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903. 1'3) Ill. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing, Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items In the Santa Ana Housing, Authority 5-Year Plan, (94 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? 2. What recommendations do you have to more effectively address your housing needs? '&�Vtes ------------ - .............. City Council 3-52 3/18/2025 I EXHIBIT 1 0 I As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? L Rent Determination 5. What recommendations do you have to change or improve our rent determination policies'? -j- Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? Family Self -Sufficiency 7, What recommendations do you have to change or improve our Family Self -;Sufficiency Program? - - - - ------ City Council 3-53 3/18/2025 EXHIBIT 1 8. What recommendations do you have to encourage and motivate more assisted -families- to join our Family Self -Sufficiency Program? VIC) lbe)ca4� rdY* Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? I'll ------------------- -- V AU-C- - ------------- City Council 3-54 3/18/2025 EXHIBIT 1 �CITY OF SANTA. ARIA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza * P,O. Box 22030 Santa Ana, CafforNa 92702 (714) 667-2200 wvmsanta-ana.mr Resident Advisory Board Meeting Agenda February 5, 2025 1. Welcome and Introductions 11. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) Ill, Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: (24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your hous)og needs and what would you rank as your top three housing needs? 2. What r ommendations do You have to more effeictively address your housing needs? A 7� , A — I A I I i , City Council 3-55 3/18/2025 EXHIBIT 1 3. As the largest housing assistance prqviderin our community, what do you think SAHA should do t ddress the housing needs in our community? Eligib�i)tyC, )SeMlection, Mand Admissions 4. What recommendations do Ey�ou nhave t admissions policies, including deconcentra (q! EVE change or improve our eligibility, selection, and tion and waitin ,list procedures? 0 Rent Determination 5. What r commendations do you have to change orynprove our rent det rminationTolicies? Operation and 111anagement 6. What recommendations do you have to change or improve our Operation and Management? Family Self -Sufficiency T What recommendations do you have to change or improve our Famiily Self -Sufficiency Program? r City Council 3-56 3/18/2025 EXHIBIT I V. 8. What recommendations do you have to encourage and motivate more assisted -families to joIin our Family Self -Sufficiency Program? 9. How can we improve our progress to fulfill our mission and better support your housing - - - Al - n City Council 3-57 3/18/2025 EXHIBIT 1 Spanish session translated by Monique Lorenzana and Vivian Lopez. CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza * P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-a,na.org Orden del dia de la Reuni6n del Consejo Asesor de Residentes 5 defebrero del 2025 Bienvenida y presentaciones Explicaci6n del prop6sito y la funci6n del Consejo Asesor de Residentes (24 CFR 903.13) IlL Explicaci6n del Plan Quinquenal 2026-2030 de la Autoridad de Vivienda (24 CFR 903.3) IV. Explicaci6n de la actualizaci6n del plan admini'strat,ivo del Programa do Vales de Elecci6n de Vivienda y su relaci6n coquenal 2025-2030 Quinguenal 2025-2030 de la Autoridad de Vivienda de Santa Ana: (24 CFR 903.7) Necesidades do vivienda y estrategia pare abordar las necesidades de vivienda 1. ZCu6les son sus necesidades de vivienda y cu6les calificaria como sus tres niecesidades de vivienda principales? k V -7- --C) 2. �,Qu6 recomenclaciones tiene para abordar con mayor eficacia sus necesidades de vivienda? Z7 5 -�O ),k7 0 .5 6 1 We afire irlllly w6lll I City Council 3-58 3/18/2025 EXHIBIT 1" 3. Como el mayor proveedo,r de ayucla a la viviencla de nuestra comuniclad, 6qu6 cree que deberia hacer SAHA para abordar las n,ecesidades de vivienda de nuestra comunidad9 %. I I da 1� (�-Po t9 251 deRA '.e 4� boUdS 1114M Consider �low kncume housina 'egibilidad, selecci6n y aidmisiones 4Qu6 recomendaciones fiene para cambiar o mejorar nuestras normal de elegibilidad, selecci6n y admisiones, incluiclos los procedimientos de de\s',concentraci6n y de listas de espera? ,-7"p 1epjtk(__AO te( T--Fil<F6U-[Fie-TCw-'iiirico—ime--[liiat II had Ibefoire th itenI _Reterminac!6n do renta U, - 6Qu6 recomendaciones fiene para cambiar o mejorar nuestras normal de determinaci6n de la rents? 4ej7/a-- j&vj Fhe renI is hine I ---nperacion y gesti6n r)6 LQu6 recomendaciones tiene para cambiar o miejorar nuestra operaci6n y gesti6n? utosiuificiencia familiar 7. &Qu& recomenclaciones tiiene para cambiar o mejorar nuestra prograMa de autosuficiencia familiar? nlo- �11-�4t!-ttl"u City C66ncuil— 3-59 3/18/2025 EXHIBIT 1 8. �Qu6 recomendaciones tiene para animar y motivar a m6s familial asistidas a unirse a nuestro prograrna de autosuficiencia familiar? I ireelllly Illilke lhow irnuch [hey lheIII Ieel Ile Progreso para cumplir nuestra misi6n 9. �C6mo podemos mejorar nuestro progreso para cumplir nuestra misi6n y apoyar mejor sus 71MO Mqll=111� �-$ - 1161 10. 6Tiene alguna otra recomendaci6n para mejorar nuestro programs y nuestros servicios para usted, nuestros arrendadores y nuestra comunidad? ............. . . .. ..... . A ............... ........ . Ebank . o�i For [he lheIIip that you-giye . ...... . City Council 3-60 3/18/2025 EXHIBIT 1 CITY OF SANTA ANA I SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza * P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www,santa-ana,oM #rden del dia de la Reuni6n del Coinsejo Asesor de Residentes, 5, de febrero del 2102i5 TNT Mr-rl M- 11. Explicaci6n del prop6sit,o y Ila funci6n del Consejo Asesor de Residentes (24 CFI' 903.13) 903.3) IV. Explicaci6n de la actualizacii6n del plan administrativo del Programa de Vales de Elecci6n de Vivienda y su relacibn con el Plan Quinquenal 2025-2030 Quinquenal 2026-2030 do la Autoridad do Vivienda de Santa Ana: (24 CFR 903.7J Necesidades de vivienda y estrategia pare abordar las necesidades de vivienda 1. 6Cu6les son sus necesidades de vivienda y cu6les calificaria como sus tres necesidades de vivienda principales? City Council 3-61 3/18/2025 EXHIBIT 1 4. 3. Como el mayor proveedordle ayiuda a la vivienda de nuestra comunidad, 4qu6 cree que deberia hater SAHA para abordar las necesidades de vivienda, de nuestra comunidad? Elegibilidad, selecci6n y admisiones 4. �Qu6recomendacionestienepara cambiar omejorar nuestrasnormasdeelegibillidad,selection y admisiones, incluidos los procedimientos de desconicentraci6n y de listas de espera? sir ire eve ry-1 h i ng-.jLfLa&!" r af Determinaci6n de rents 5. 6Q,u6 recomendaciones fiene para cambiar o mejorar nuestras normal de determinaci6n de la renta? -pw M ire eveirything is hine Opieraci6n y gestio'n 6. 6Qu6 recomendaciones fiene para cambiar o mejorar nuestra operaci6n y gesti6n? Everything is hine Autos diciencia familiar 7. LQu6 recomenclaciones tiene para cambiar o mejorair nuestro, programa de autosuficiencia familiar? 0, Illill ;e I #e —�j � ;giraim il is irlllly good' City Council 3-62 3/18/2025 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza * P.O. Box 22030 Santa Ana, California 9�2702 (714) 667-2200 www.santa-ana,org Orden del dia de la Reuni6n del Consejo Asesor de Res,identes 5 de febrero, del 2025 II. Explicaci6n del prop6sito y la funci6n del Consejo Asesor de Residentes (24 CFR 903.13) IN IIF11141111 7 111 111111 111111111 11111 ��i � 1 11 1 903.3) IV. Explicaci6n de la actuallizaci6n del plan administrativo del P,rograma de Vales de For, 1. 6Cu6les son sus necesidades de vivienda y cu6les calificaria comp sus trey necesidades de vivienda principales? V fe e l veiny g () () d well e ire V Il li ve, lit's veiny q u u e t, t Il n e ire a ire iiq () p -() llD �� e i s, li's a veiny (�., e a iiq p ll a (�., e , 2. �,Qu6 recomendaciones fiene, pars abordar con mayor eficacia sus necesidades dle vivienda? \R)irre City Council 3-63 3/18/2025 P, EXHIBIT 1 - 3. CoImo el mayor proveedorde ayuda a la vivienda de nuestra comunidad, 6quI6 cree que deberia hacer SAHA pars abordar las necesidades de vivienda de nuestra comunidaid? Elegibilidad, solocei6n y admisiones 4, 6Q u& recomendaciones tiene pars cambiar o mejorar n uestras normas de ele!gibil i1dad, selecci6n y admisiones, incluidos los procedirnientos de desconcentraci6n y de listas de espera? � '11, me he vmihng ISI, vms wA So (IIIIInIIII, I I he 11-1-ol-MI11[y "md Ild, III "9 lew years hey hs[ Ong "md I vmi[ed or hell) )III, I vms Soon � years And I led hmppy "md gr� [ehd Determinaci6n do rents 5. 6QuL& recomendaciones tiene pars cambiar o mejorar nuestras normal de determinaci6n de t la rents? 5A �,0 64� -7�;. �, " — ",4, hin umly opt iqk)iq eveiryflding lis fine on umly Iiim,orne and as you have youir iVes, OpGraci6n y gesti6n 6. 6Qu6 recomendaciones tiiene pars cambiar o mejorar nuestra operaci6n y gesti6n? IMPOIN "M 'ne eveiryflding lis veiny vvell Autosuficiencia familiar 7, LQA recomendaciones tiene pars cambiar o, mejorar nuestro programa de autosuficiencia familiar? L 19AA1A19 ,-,I , V Illike the pirogirarn, ut us veiny inteiresting City Council 3-64 3/18/2025 EXHIBIT 1 . ......... ... . 8. 6Qu6 recomendaciones tiene pars animar y motivar a m6s familial asistidas a unirse a niuestro programa de autosuficiencia familiar? ZEUMEEG= 9. 6C6mo podemos mejorar nuestro progreso para cumplir nuestra misi6n y apoyar mejor sus necesidades de vivienda? zk, L�4 Lv,4Xn�- s4v 4,w- e,-� AMA� 1,1_ Yes, It was exceHeIcL, I am very happy wfth aH the services and the rules I fber very happy and grateful f(lw this Wp and MLh the apaftmenL I am in I pi plig f'q: 1 ILIA 1= ri,]Loioj 11111TOT MO Yes, we sh(mAld have ni(�we meedngs like this other s(:n pe(rple can c(mie and geL krgeLher City Council 3-65 3/18/2025 EXHIBIT 1 8. Qu& recomendaciones tiene pars animar y motivar a m6s familias asistidas a unirse a nuestro programa de autosuficiencia familiar? Progreso pars cumplir niuestra misi6n 9. 6C6mo podemos mejorar nuestro progreso para cumplir nuestra misi6n y apoyar mejor sus necesidades de vivienida? Yes, we agiree oir Iliilke .il ia 10. 6Tiene alguna otra recomendaci6n pars mejorar nuestro programa y nuestroservicios para usted, nuestros arrendadores y nuestra comunidad? (We air e hine) we airhine City Council 3-66 3/18/2025 EXHIBIT 1 The answers are consolidated from the Vietnamese's resident advisory board meeting group. Translated by Katie Ho. CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714)667-2200 www.santa-ana.orq Resident Advisory Board Meeting Agenda February 5, 2025 Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: (24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? - A safe living environment -A location that is within walking distance to public transportations, market, Vietnamese community -A home that has all the necessary appliances, a community that provides a variety of amenities 2. What recommendations do you have to more effectively address your housing needs? -Higher rental assistance payment and/or higher utility allowance & payment standard - Have more newly constructed, affordable buildings for elderly & disabled participants in the city -Increase enforcement on rent stabilization measures to ensure rent are reasonable & affordable -No comments. We are satisfied with the current assistance 2rovided by BAHA City Council 3 — 67 3/18/2025 EXHIBIT 1 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? - Increasing the availability of subsidized units for low-income, elderly, disabled participants -Putting a stop or cap on rent increases -Offering more accessible programs to receive financial assistance for first-time homebuyers -Reducing the housing assistance waiting list period & lower the qualification standards for eligibility Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? - Streamlining the application process because the waiting list period is too long. -increasing the unit searching period due to the housing market's limited availability. Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? -increase the payment standard amount -increase subsidized amount -Ensure that participants pay an affordable & fair portion towards housing costs -The inspection approval process should be shortened and simplified. Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? -Offer more attractive incentives for the landlord to participate in the program -Have a fund to assist with the unit's annual maintenance to ensure safe & sanitary living space. -No change- We are happy with the operation and management of SAHA Family Self -Sufficiency 7. What recommendations do you have to change or improve our Family Self -Sufficiency Program? W-M Gj City Council 3-68 3/18/2025 EXHIBIT 1 -Expanding services offering, such as, savings programs for elderly participants 8. What recommendations do you have to encourage and motivate more assisted -families to join our Family Self -Sufficiency Program? - Catering the program so that it's approachable for the elderly participants as well Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? - Expand the live/work reference to the adjacent cities. -increase on the rental assistance payment or payment standard -Focus more on new community developments for seniors. 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? -Getting in contact with the assigned housing specialist could be difficult sometimes -increase on monthly rental assistance payment -Assist with security deposit -increase landlord's participation in the program City Council 3-69 3/18/2025 EXHIBIT 1 ��Responses firoirri Vietinairriese Session, Tl11ANfl PHO SANTA ANA Tfl,�M QUYE'N NlLk 6 SANTA ANA 20 Civic Center Plaza ® 11.0, Box 22030 Swita Ana, Cafiformia 92702 (714) 667-2200 Chu,cpng Trinh Hop Ban CoA Van Cu, TrO Ng&y 5, ih6ng 2, 202�5 L ChiAo 0III n vA Gi&!Thidu 11. GUM thic:h 06 Myc Dich VA Ch(xc NAng cfia Ban CO-' V&n CLP Tr(j (24 CFR 903.13) Ill. GlAi thich ve^' Ke-' Hoach 5 NAm c6a Co, Quan Thim Quye-n NhA & (24 CFR 903.3) a IV. GlAl Thich ve' Up NhAt Ke- Hoach HAnh ChAnh ChLpong Trinh Phl6u Lwa Chon NhA • vA n6 Lidn Quan de- n Ke' Hoach 5 Wrn NhLP th e- NAo • 41 flami Quy6n NhA Santa Ana: (,?4 CFR 903.7) Nhu Ca-u Nh9t d vA SAch LLpoc GlAi Quye-t Nhu C u NhA d a 1. Nhuca'unh6&c6aquyvil'bgivAhey chobietbanhuca'unhA&hang da^ucOaquyvi? 2. Quy vi c6 nhDng cue n9hi gi cue gi6i quy-t hi6lu qu6 h�an nhu ca^u nM & c6a minh? e 3. L6 nha' cunig cap dich vu h6 tra 1'nha^t trong c6 nh6 &n ng d6ng c6a chOng ta, theo qu� SAHA n6n 16m gi de gi6i quyet nhu ca-u M6 c tron!g cling 06-ng cOa chOng ta? LAA') 3/ EXHIBIT 1 Tinh d(j die^u ki&n, lyfa chon vA cha-p nhAn 4. (buy vi c6 nh,Crng de nghi n�o de;' thay d6i hay c6i thi6n c6c chink s6ch ve- tinh do di6u ki0n, lua chop vA chap nh5ni c6a chOng t6i, bao go m c6c thug tuc phAn q,uye"n vb danh such ch&? Mc Dinh Tle-n Thud NhA 5. Quy vi c6 del nghi gi de thay do4i hay c6i thi& chink s6ch x6c Binh tie"n thu6 nh� c6a chOng tail? , , r , , , � - - -------- - -- . . .. ........... . .. . 41-J.- j- . . .... . ........ . ......... ... ..... A Dieu HAnh v6 QuAn L� 6. Q4 vi c6 de nghi gi de thay d6i hay c5i thi6n vi6c fDie"u Hbnh v6 Qu6n Lj G,Oa chOng t6i? Jfill' ........... -------------------------- -- Gia Dinh TLP Lvc (Family Self -Sufficiency) 7. Quy vi c6 nhUng del nghi gi de thay do'i hay chi thi6n Chuang Trinh Gia Dinh TU Luc coa chOng t6i? City Council 3-71 3/18/2025 EXHIBIT 1 8. Quy vi c6 nhung de nghi gi de khuye-n kh[ch v& thbc d6y thdrn nhiexu gia Binh duac how tra thaw gia Chuang Trinh Gia Dinh Tu Luc c6a chOng t6i? . . . . ........ ---- . ......... I Tien Trinh HoAn ThAnh S& Mdnh c6a Ch6ng T6i 9. Urn the" n6o chOng t6i c6 the c5i thidln tien trinh c6a minh de ho6n th6nh sb, m6nh, c6a mink vb h6 tra tit han nihu c^u nh6 & cOa quy vi? a I O.Q4 vi c6 d6- nghi n6o, kh6c de" c6i thi6n chuang trinh v� dich vu c6a chOng t6i cho, guy vi, ch6 nhci va c6ng do-ng c6a chOng to kh6,ng? City Council 3-72 3/18/2025 EXHIBIT 1 Z4 I THANH PHO SANTA ANA THAM QU)"E'N N11A 6 SANTA ANA 20 Civic C"1e['P182M - P 0, B.x 22030 Samar Ana, Cahft)j-jjij 92702 (714) 667-2200 AVY W: -�tna �Irg ChLro,nig Trinh Hop, Ban Ca V -an Cv T'r6 Chang,, 2025,� L ChAo E)6n vA Gi6,i Thi6u 11. GlAi thick v4 Muc E)ic h vei ChOc Ming c6a Ban Co^, Win CLP T'r6 (24 CFR 903.13) M. GiAil thich v6 Ke-' Ho@ch 5, NSm c6a Col Quan Th 411 m Quye-' n Nh6 6,(24 CFR' 903.3) IV. Gi6l Thich ve- Cap NhAt Ke' Hoach HAnh ChAnh Chwang T'rinh, Phie-u LLPa Chin Nh6 tY vA n6 Lidn Quan de-n K6 Hoach 5 NAm Nhir the Wo 2-a—ch 5 N16m c Nhu C aA U NhA (Y VA SAch LLpoc G!Ai Quye-t Nhu Ca- u NhA & Nhu ca-unh6&c6aquyvilsgivhay chobie-tbanhu c;aunh6&Bang daucOaquyvi? m 2. Quy✓ vi co' nh - ung de nghi gi cj"e 90i quye"t hi6u qu6 h(Yn nhu c6u M6 & cmq minh? II LA nh6 sung cap, click vu - SAHA non Yarn gi cl . ` . h6 tra nh,� 6 Ift nhak trong c6ng do-ng c6a chOng ta, theo quy vi, e gj6i quye't nhu ca^u nh6 & trong cling Ong c6a chOng ta? 0 City Council 3-73 3/18/2025 EXHIBIT 1 ... . ........ -A - ap Tinh dudieu kiln, lLpa chon vA ch nhAn I h ve- tinh dO die-u ki6n, 4, Qu� vi c6 nhong d6 nghi nbo d' that' doi hay c5i th,i6n c6c chinh sash Iva chin v.) cha4p nhon c6a chOng t6i, bao gorn c6c, th6 tuc phAn qu y�-en wa danh each chi? rm I X5c Dinh Tidn Thu& NhA 6. Quy vi c6 de- nghi gi de that' d6i hay c6i thi6n chinh s6ch xAc Binh tin thu6 nhA cOa chOng t6i? (rc (7 2L '5 . I UZ L2—11 �/O, D QuAn L9 ieu H&nh v6 0 u�An L� cOa chOng t6i? 6 nghi gi d e^ thay di hay c6i thi6 HAnh, 6. Qu� vi c6 d ' 0 n vi Di6U, 4 -24 - Y '17 Gia Dinh TLP Lyc (Family Self-Sufficie,ncy) rinh Gja Unh Tu Luc c6a 7, Qu9 vi, cupnhD,ng de' nghi gi de that' d6i hay caii thi6n Chuc?ng T City Council 3-74 3/18/2025 EXHIBIT 1 8. QU9 vi c6 nhG,ng de" nghi gi de-' khuye-n kh1ch vA th6c da"y th6m nhie-u gia Binh dvac h05 trcy tham gia ChLranng Trinh Gia Dinh Tv Luic c6a ch6ng t6i? ..... . . . ..... Tien Trinh Hoan Thinh SCP Mdnh c6a Ch6ng T 1' k 9. Lam the n6o chbng t6i c6 the chi thiOn fie^ n trinh c6a minh de' ho6n thAnh sO mbnh cOa mink va ho-- tra tot han nhu clu nhb cOa qug vi? , a llry 7 CIO ...... . ... 10. Q4 vi 6 de^ nghi nao kac de c6i thin chuang trinh va dich vu c6a chbng t6i cho quy vj, chG nh6 vA c6ng do)'ng c6a chbng to kh6ng? City Council 3-75 3/18/2025 EXHIBIT 1 m THANU PHO SA A. fir TRAM QUYPN Nff/� 6 SANTA ANA 20 Civic Center P1a7jj a RO, Dox 2203(p Santa Ana, CMjj'()rj,jj 92702 (714) 667-2200 ChLPo,ng Trinh Hop Ban C-' o VAn Ctr Tr(j _Qaay 5 th6ng 2, 20i25 I. ChAo E)6n vA Gi&i Thidu It. GiAl thi,chi v 66 Muc Dichi vA Ch(rc N6ng c6a Ban C 0' Va- n CLF Tr(j (24 CFR 903.13) M. Gigi'thich ve-' Ke^' Hoiach 5 NAm c6a Co, Quan Thalm Quye-n NhA 6,(24 CFR 903.3) IV. Gi-M Thfch ve-' C5p NhAt Ke-' Hoach HAnh ChAnh Chu.,(Yng Trinh Phidu Lwa Chon Nha' vA n6 L,idn Quan den K 65 Hoach 5 NAm NhLP th -' Nbo e o VAn _Q=LP Trt) v6 c6c Y�:n D6 tr q ttga q h Quveni Nhh (4Y Ana: (,2K4�CtFmR�,q 903.7) Nhu Ci u NhA &VA Stich LLPOIC GUM Quyeft Nhu Ca- u, NhA & l. Nhu cAu nh6 & c6a qua vi 16 gi vb My cho bieAt ba nhu ca'u nha & h6na d"au r_Cjq ni j�/ x/i? 2. Quy vi c6, nh[Png 66 nighi gi de-' 90i quye-t hi6u qu6 han nhu c-u nM cr cOa minh? a cz .a 3. La nh6 sung cap Bich vu ho tr(Y nh6 & 16,n nhak trong cling do-ng cOa chOng ta, theo quy vi, SAHA n6n l6m gi de gicii quyek nhu caJu nha & trong cling doxng c6a chbng ta? City Council 3-76 3/18/2025 EXHIBIT 1 E Tinh dd dieu kidn, Iva cho.,n vA rj nh5n 6n 4. Quy vi c6 nho,ng de nghi n�o de thay do5i hay c6i thi&n c6c chink sack v6' tinh dO lieu ki, lu,a, chon va ch,aAp nhAn c6a chOng t6i, bao gorn c6c thO tpc ph5n quyen va danh s6ch chO XAc Dinh Tien Thu& NhA % h x6c Binh Lien thu& nh,,� c6a ch6ng 5. Qu� vi c6 de nghi, g! d6' thay dO'-i hay c6i thi6n chinh sack t6i? ---------- c Dieu HAnh vA Qu5n L� 6. Quq vi c6 de'- nghi gi de thay d6i hay c6i thi6n, Vi6c JDieu H6nh v6 QuAn Ljr c6a, chOng t6i? is Dinh Ty, UPC (Family Self-sufficiency) th,ay d6i hay c6i thibn Chucyng Trinh Gis Dinh Tu LL C cua 7. Quq vi c6 nh&ng db nghi gi d6 cho,n,g t6i? City Council 3-77 3/18/2025 EXHIBIT 1 8. Quj vi c6 nhCyng de" nghi gi de khuye4n khich v6 th0c day th6m nh�ie"u gia dinh dvac ho' tro, tharn gia ChLpang Trinh Gia Dinh Tul Luc cOa chbng t6i? Tien Trinh HoAn TNmh S(P Mdnh c6a Ming T6i 1 9. L6m the" n6o chOng t6i c6 th6 c5i thi6n tieAn trinh c6a mink de hoAn th6nh SO, m6nh c6a mink vA 116 trey to-t han nhu c"'u nh,� cOa quj vi? a 10, Quj vi c6 de nghi no kh6c d6- c6i thi6ri chu,ang tr,inh vb dich vu c6a chbng t6i cho quy vi, chi nh6 v6 c6ng do-n,g cOa ch6ng to kh6ng? V 1- City Council 3-78 3/18/2025 EXHIBIT 1 THAN11 PHO SANTA NA THAM QUYtN NHA 6 SANTA ANA 20 Civic Centcr Man * P,(), Box 22030 Sawa Ana, Califfirnia 92702 (7 )4) 667-2200 eMAN�Mnl —v omg Trinh Hop Ban, CA ' o Win CLP TrO r.5- th-ing 2, 2025 I. ChAo E)6n vA Gi&i Thidu If. GiAl thich ve-' Myc Dichi vA Ch(rc NAng c6a Ban C 65' Va- n CLP Tr6 (24 CFR 903.13) e & Giiithichve-KHoach5N5mc6aColu QuanTha-mQye-niNh6 (24CFR903'.3) IV. GjAi Thich ve-' CAp NhAt K- oa Hch HAnh e ChAnh ChLpong Trinh Phie-'U LLPa Chon Nh' VA n6 Lidn Quan de-n Ke- Hoach 5 Njrn NhLp, the-' Wo 'o a MD'•r-Im UJ- t-ft Ur--10 a M Quve-n!r�(2�4CF" r03.7) Nhu Ca-U NhA & vA Stich Ltrcyc GiAi Quye-t Nhu Ca-U NhA (Y 1. NhucaunhA&coaqu'yvil6giv6h,clychobi'e'tbanhuc;aunh6&h,6ngdalucOaquyvi? - --------- 2 -cuy v! Timmy ae ngni 91 CO gibi u C quy6t hiOu qu6 han nh6 e u nh� & cOa minh? J Will eA 0 3. L6 nh6 cung Cap dick vu h7 trcy nh& Ift nhAt trong c6ng d6ng c6,a chOng ta, theo quy vi, SAHA n6n Ism gi cle gj6i quyett nhu ca-u nh6 & tronig cOng d6ng cOa ch6ng ta? City Council 3-79 3/18/2025 EXHIBIT 1 a i aA Tinh dCj dieu ki6n, ILPP chgn vc chino nhn h such Ve" tinh d6 di6u ki6n, I hi n�io de- that' d6i hay c5i thi6n c6c chit-i 4, cut' vi c6 nhUng d(� nghi lure.ch . on vb cha'p When cue chOng toy, barsgo'm c6c th6 tuc phAn quyen vb danh sAch chO 11 f - .A X6c Dinh Ti4n Thub Nh;h 5. Quy vi c6 de nghi 91 de thay cib hay chi thi,§n chink such x6c Binh tien thub nhc6a ch6ng t6i? IL - - ----- ----- Dieu HAnh vA QuAn Lq 0 chCAng, t6i? -C Dieu Winh, vA QuAn Lq cue thay d'! hay chi thin viC 6. buy vi c6 de' nghi g,i de xl� n A - — — ------- Gia Dinh Tty UPC (Family Self -Sufficiency) nhang d6- that' d'i hay c6i thi6n Chu(yng Trinh Gis Dinh Tug Luc c6a 7. buy vi c6 nghi g! d6 0 ch(Ang t6�i? .. . .. . ......... . . .. . . .... . ..... City Council 3-80 3/18/2025 EXHIBIT 1 8. Quq vi c6 nWng de" nghi ' i gi de' khuyeAn khich, v6 th0c d6y th6m nhie"u gia Binh dLYac h05 tr(y thaw gia Chuang Trinh Gia Dinh Tux LuPc cOa ch6ng t6i? Tien Trinh Ho&n'ThAnh, S6F M6nh cfja ChOng T61 R 9. L6m the" n6o ch6ng t6,i c6 the c6i thi(§n tie"n trinh cOa rninh d6 ho6n th6nh s6l m6nh c6a minh v6 h6 tro, to^t han nhu ca-!u nh6 & cOa quy vj? 10, Qu9 vi c6 de- nghi nAo kh6c d" chi thi6n chLpang trinh v� dich vu cOa ch,bng t6i Clio quj vi, e chO nh6 v6 c6ng do-ng cOa chOng to kh6ng? City Council 3-81 3/18/2025 EXHIBIT 1 THANPHO SANTA A, lid, THAM Q U Yt N NFIA 6 SANTA ANA 20 Civic Center Plaza e P 0 Box 220,30 Sawa Ana, California 92702 (714) 667-2200 Chu,(Yng Trinh Hop Ban C - o Van Ctp Tr6 21 2025 I. ChAo E)6n vA GiM Thibu 11. GW thich ve-' Muc E)ich VA Ch&,c Wng c0a Ban Co- Van CLP Tr(j (24 CFR 9'03.13) M. GW thich ve Ke-' Hoach 5 Njm c(ja C01, Quan Thairn Quye-ni NhA 61(24 CFR 9'013.3) IV. GW'Thich ve-' CAp Nh - I Ot K& Hoach HAM ChAnh ChLrang Trinhi, Phie^u LLPa Chon Nh6 wi n6 Lidin Quan de-n Ke- Hoach 5 NArn Nhir the- N A-o Nhu Ca-u NhA & VA SAch LLpoc G!Ai Quyek Nhu CdAu Nhl& (Y 1. Nhu caku nh6 & c6a quy vi 16 gi v6 h5y cho bi"t e b,a nhi,i (--iiql 1041 guy vi c6 nhOng n de - h- I A � gi de gi6i quyet hi qU6 hon nhu ca"u nh,A & cOa minhi? --- — - ------------ 1 6 3. L6 nha cung cap, Bich vu h05 tra nNi & Ift nha-t trong cling d6ng cOa chOng, ta, theo quj vi, SAHA n6n 1arn gj de' g6i quye^t nhu chu nh6 & trong cling d-ng cOa chOng ta? 0 City Council 3-82 3/18/2025 C 3, EXHIBIT 1 Tinh chidieu kidn, lLva chon vi cha^p nhAn e 4. Qua vi c6 nhung d6 nghi nAo de^, thay doxi hay c5i th,i6n c6c chink s6ch v tinh d6 dieu ki6n, lLya chon, vb ch Ap nh5n c6a chOng t6i bao g0 m c6c M tuc ph5n quyen vb danh s6d ch ? v - ----------- H X&c Dinh Tien Thu& Nh& sac dinh ti,6n thud nhA c6a chOn,g 5. Qu� vi c6 d6 nghi gi de' thay d6i hay c6i thiC-n chinh sack t6i? b 1AA ------ Dieu HAnh via QuAn Lq In vi6c lieu HAnh vb QuAn L� cOa chO,ng t6i? 6. ()uy vi c6 de- nghi g1l de;' thay d6i hay cAi thiC is Dinh TLP LLyc (Family Self -Sufficiency) u ,c 7. Oug vi c6 nhCj,ng, de' nghi gi d6 thay d6i hay cAi thi6n Chu,(Yngi Trinh Gia Dinh TLac c6a ch6,ng t6i? E I City Council 3-83 3/18/2025 EXHIBIT 1 8. Quy vi c6 nhQ,ng d' nghi gi de;' kh-n yekhich v, th�bc 'Ay them nhje"u gia Binh dLpac h05 tro, tharn gia Chuang Trinh Gia Dinh Tu, Lqc c6a chOng t6i? Tie-n Trinh, HoAn ThAnh SO Mdnh c6a Ming T6i 9. LArn the- n,)o ch0ng t6i c6 the chi thi(§In tie'n trinh, c6a minhde-' hoan th6nh Su° mdnh cOa minh A how tro, tot han nhu c-u nNi & c6a guy vi? a ff p 0 Ulm Lm 10. Quy vi c6 de nghi n6o kh6c de- chi thiOn chuang trinh v6 dich vu c6a chOng t6i cho quy vi, chO nh6 V6 c6,ng do-ng ciao chbng to kh6ng? City Council 3-84 3/18/2025 EXHIBIT 1 THANH PH6 SANTA ANA 'ITT Nor QtJ')"E- N Nay A 6SANTA ANA 20 Civic Centei Nan # P 0. Box 220-30 Santa Ana, Ca1fl'(-)j7jia 92702 (714) 667-2200 Chu,o,ng Trinh Hop Ban C 4 V Jn CLP Tr6 o a agy 5, t�hin2, 2025 _W GiAi th1ch v� Miuc Dichi v,A Ch(rc Wing c6a Ban Co' Van CLP Tr(j (24 CFR 903,13) GW thich ve-' Ke^' Hoach 5 Wirn c6a C(Y Quan Th -am Quye-n NhA 6,(24 CFR 903.3) IV. GW Thich ve' CAp NhAt K6 Hoach Heinh Ch6nh Chtrong Trinh Phle-u Uva Chon NhA vA n6 Lidn Quan d6n Ke^ Hoac:h 5 N-rn N'h;tr thed NAo q-ft—O-Ic 5 N5mI cC QUv6n NhA Snnfn NhtA Ca-u Nhi CY VA Stich Ltr(YC GiAi Quyeft Nh,u Ca- u NhA (Y 11. Nhuca^u,nh6&c6aquyvil'agiv6hay chobietb,anhu ca-unh6&hang cTaucOaguy vi? 2. Q,uy vi c6 nhCpng cT-' nghi gi Cieg0i quy6t hi(§u qu6 han, nhu, c5u: nh6 & c(in rninh? e 3. L6 nhA sung cap Bich vu, ho" tra nh6 6 1'&n nha"t trong c(5ng do'ng c6a chbng ta, theo quy vi, SAHA n6n 16m gi 17e-' giAi quye't nhu cAu nh6 & trong c6ng do'ng c6a chbng to? City Council 3-85 3/18/2025 EXHIBIT 1 Ik I ap Tinh dO dieu ki§n, ItPa chgn vA ch nhAn 6 such v�' tinh quadiOu kibn, hi n,-�o e d;� thay d6i hay chi thi6n c6c chinchink,e 4. Qu� vi cry nhCyng cue nghi 0 en vb Ranh each ch&? I , 0-3 -hnn \/;� rh2r) nhan c6a chOng t6i, bao g'm c6c th6 tuc phAn quy Xitc Dinh Ti,en Thud NhA 5. Quq vi c6 de nghi gi de thay d6i hay c6i thin chink, sAch x�c dinh tien tl,)ub nhb c6a chOng t6i? Dieu HAnh va QuAn Lq � 6- 0uy vi c6 e d nghi gi M thay d6i hay chi thi6n vie eieu H;�nh va Quin Lc6a chCjng t6i? is Dinh TLP LLP;c (Family Self -Sufficiency) 7'. Quy vi c6 n,hCj,ng de nghi gi de;' thay d6i hay chi thi6n ChLr(yng Trinh Gia 'Dinh Tub, Lvc curia ch6ng t6i? k, City Council 3-86 3/18/2025 EXHIBIT 1 8. Quy vi c6 nhUng de" nghi gi de;' khuy"n khich v6 thbc d6y th6m nhi6u, gia Binh dLrac ho-^ tro, e thaw gja ChLpa'ng Trinh Gia Dinh TLP Luc cOa chOng t6i? Tien Trinh Hoin ThAnh S(r Mdnh, cda Ch6ng T6i 9. L6m the- n�o ch6ng t6i c6 the chi thibn tie"n trinh cOa mink de;' horn th6nh sb, m6nh cOa miinh v.1 how tra tot han nhu ca^u nha & c6a qua vi? 10. Qua vi c6 de' nghi nAo kh6c cT' ci thi6n chu,ang trinh v,� d'ich vu! Wa chOng t6i chio glut' vi, e chb nh� v� cong d6ng cOa ch6ng to kh6ng? City Council 3-87 3/18/2025 EXHIBIT 1 THANR PHO SANTA ANA THA M QUYLEN NIA 6 SANTA ANA 20 Civic Center Phaza a RO. Box 22030 Santa Ana, CaMornia 92702 (784),667-2200 Chtrang Trinih Hop Ban C6 Van CLP, Tr(j Nghy 5 thing 2, 2025 ChAo E)6n vi Gi&i Thidu GUM thfoh ve-' Muc f)jc h vci Ch6,c NAng c(ja Ban C66 Van CLP Tr6 (24 CFR 903.13) GiAi thfch ve-' Ke-' Hoach 5 NAm cda, CO, Quan Thaim Quye-n NhA 6P (24 CFR 903.3) IV. GW Thich ve- Cdp Nh5 A Hoach HAnh, ChAnh Chtrong Trinh Phieu Lya Chon NhA vA n6 Lidni Quan dd'n K& Hoach 5 Ngim NhLP the-' Wo milglkx� . a 3 - Quy6ni, N Nhu CaU NhA & vA Stich LU10,C GiAi Quyek Nhu Ca-u Nhi & 1. Nhu calunh6&cOaquyvilbgiv6h5ychobietbanhucaunh 6 & h6ng da^u c6a quy vi? 2. Quj vi c6 nhCpng de" nghi gi de ;' gi6i quy-t hidu qu6 hion nhu c6u nh6 & cOa minh? e 3. L6 nh6 cung cap Bich vu how tro, nha Cy, Ift nhalt trong cling d6ng cOa chbng ta, theo quy vi, SAHA n,6n 1am gi d6 g0i quyeAt nhu, cA u nhA & trong c6nIg do;'ng cOa chbnig ta? City Council 3-88 3/18/2025 EXHIBIT 1 , I Tinh db dielu kidn, lya chainvia chap nhAn 4. Quq vi c6 nhCj,ng de nghi nbo de" thay d6i hay cal thi6n c6c chink s6ch ve- finh d6 di6u ki6n, lu,a ch on vA chAp nh;5n c6a chOng t6i, bao g6m c6c th6 tuc phAn quye'n v� danh sch ch&? ----- . . .. . ........ XAc Dinh Tien Thu& NhA Lien thub nhb c6a chOng 5. Qu� vi c6 de" nghi gi d6' thay Oki hay c5i thi6n chfnh s,,�ch x6e c Binh t6i? -L.-J 7 -A -1-1�) . ..... Dieu HAnh vA QuAn L9 �nh v6 Quin Lq c6a chOng t6i? 6. Quq vi c6 de nghi gi del thay doxi hay chi thiC vi&c E)ie:U H, f t, . �' Gia Dinh Tea, Ltyc (Family Self -Sufficiency) , Trinh Gia Dinh Tu, Luc coa 7. Quq vi c6 nhUng 6§ nghi gi del thay d6i hay c6i thi,§n Chum-ig ch6ng taxi"? M City Council 3/18/2025 EXHIBIT 1 8. Q4 vi c6 nhDng, de �- nghi gig de" khuey^n Mich v6 th0c day th6m nhi6u gia Binh dLyac hhetro, tham gia Chuang Trinh Gia Dinh Tv Luc c6a chOng t6i? Tie-n Trinh HoAn ThAnh S(P Mdnh c6a Chfing T61 2 9. L6m the- n6o chOng t6i c6 the c6i thibn tie4n trinh cOa minh de:' ho6n thbnh sO m6nh c6a minh vb he tra to"t han nhu du nh6 & crag qu,y vi9 a 10. Quy vi c6 de-' nghi nAo kh6c, c7^'e c6i thi6n ch,uon!g trinh va dich vu cOa chOng t6i cho quy vi, chO nh6 v6 c6ng d-ng cda chOng to kh6,ng? 0 City Council 3-90 3/18/2025 EXHIBIT 1 THANH PHO SANTA ANA THAM QUY CN NHA 6 SANTA ANA 20 Civic Cejjte,a- pj,a jj 0 j,.O Box 22030 Santa Ama, CEjjjfOj-j,ij 92702 (714) 667-2200 Chu,(Yng Trinh Hop Ban C 65 Van CLP Tr(j NgA thcing 2, 202�5 .. . ....... I. ChAo 06n vA Gi6,i Thidu 111. GlAi thich v6 Muc Dich vA Ch&c N6ng c6a, Ban Co- Van CLP Tr6 (24 CFR 903.13) M. Gi6i thfch ve-' Ke- Hoach 5 NAm ceia CO, Quan Thaim Quye^n NhA & (24 CFR 903.3) IV. GUM Thick ve- Cj p, NhAt Ke- Hoach HAnh Cheinh Chwang Trinh Phidu LLPa, C4on NhA (Y vA n6 Libn Quan den Ke^ Hoach 5 N'.im Nhiu, the- NA6 Sacn-, 5 Fkarn qua Ca Quan T Nhu CaAu, NhA & VA Stich Lv(YC GiAi Quye-t Nhu Ca-u NhA 1. Nhu ca'u nh6 & c6a qua' vi 16 gi v6 hay cho bie"t ba nhu ca^ u nh6 & h6ng da^ u c6a quy vi? 2. Qu� vi c6 nh&ng de^ nghi g! de-' gia-i quy6t hi6u qu6 e h(Yn nhu, c6u nh6 3. L6 nh6 cung cap dich vu ho" trcy nhA & I&n nha-t trong c6ng dolng ci0a chOng ta, theo qug vi, SAHA n6n li m gi de' gi6i quye-t nhu ca"u nh6 cv trong cling d6ng c6a chbng ta? -j -ml- IL da)J do Py"w'?, -)tZ 4 City Council 3-91 3/18/2025 EXHIBIT 1 I a Tinh d6 dieu kiln, Itya chop, vA ch p When e fink dO die%u ki�n, hi n�io d thay d6i hay chi thi6n c,�tc chinh s6ch v 4. Qu� vi cep n,hCrng dO nghi e lVa cho,n vA ch5p nh&in cOa chOng t6i, bao g6rn c6c th6 tuc ph5n quyen vb danh s6ch ch&9 4 A) (-)A,I-r,& AA/A rZA, XAc Dinh Tien Thu,& NihA 5. Quy vi c6 de" nghi gi de' thay dO^'i hay c5i thi&n chink s6ch x6c Binh ti6n thu6 nhA c6a chOng n Dieu HAM vA QuAn L� hCjng t6i? 6. Qua V! C6 de nghi gli de thaydo4i hay chi thi6n vi&cE)ieu HAnh vb Qu6n Ly cOa c is Dinh Tub LVc (Family Self -Sufficiency) u, 7. Quy vi c6 nhUng M nghi gi dethay do;'i hay chi thi6n Chu,(Yng Trinh Gia E)inh TLV,c cue chOng t6i? City Council 3-92 3/18/2025 EXHIBIT 1 8. Qua vi c6 nhCj,ng de" nghi 91 CT6 khuy-ni khich v6 th0c day th6m nhie-u gia dinh dvac ha tro, tharn gia Chuang Trinh is Binh Tug Luc cOa ch6ing t6i? N-) ............ . . A A -- T'ien Trinh HoAn ThAnh S& Mdnh c6a Ch6ng T6i 9. Urn the^ nc)o chOng t6i c6 the chi thii6n tie4n trinhi c6a minh C16' ho6n tNinh SO, mdnh cOa mink 'x va ho tra tot horn nhu ca"u nh6 & cOa quy vi? m 10.0uy vi c6 de nghi n6o kh6c d' c6i thiC-n chuang trinh Wt dich vU c6a chOng t6i cho quy vi, e chO nh6 v6 cling do-ng c6a chOng to kh6ng? City Council 3-93 3/18/2025 EXHIBIT 1 a THANH PHO SANTA ANA i THAM QIJYt,,N N1,0, 6 SANTA ANA 20 Civic Center Plaza e F1.0 Box 2.2030 Santa Ana, 92702 (714) 067-2200 Chwang Trinh Hop Ban C-* Wn Cu, Tr(j 0 a 5 th-MI g, 2025 I. ChAo E)6n vA GiM Thidu 11. GUM thick v6 Iuc E)jc h vA Ch6,c N5ng c6a Ban C05' VAn CLP Tr(j (24 CFR 903.13) III. Mai thfch ve-' Ke-' Hoach 5 NAm c6a Col Quan'Thaim Quye-*n Nh-i & (24 CFR 903.3) IV., GUM Thich ve- CAlp NhAt Kd' Hoach HAnh ChAnh ChLpong Trinh Phleu Lwa Chon Nh6 vA n6 Lidn Qu,an de-n K6 Hoach 5 NAm NhLP the4 Wo a coe Quy in NhA & Santa Ana: ((244 qFg 902,7)� CFR 9 Nhu CA' U NhA & vA each LLPac GUM Quyek Nhu Ca-' u NhA & 1. Nhu c6u nh6 & cOa quy vi 16 gi va My cho bidt ha nhu cAu nM & hang da"u c6a quj vi? '4 L 2. Q4 vi c6 nhang de- nghi gi de" 96i quy-t hi6u qu6 ficyn nhu Ca-'u nh6 c6a mink?' 3. L6 nh6 cung cap dich vu h5 tr(Y nh6 & Ift niha^t trong cling dong cOa ch6ng ta, theo quy vi, 0 SAHA n6n lam gi de-' giiji quyeAt nhu, caJu nha & trong cling d6ng c6a chOng ta? City Council 3-94 3/18/2025 EXHIBIT 1 Tinh da dieu kibn, lLva chon vA chap nhAn 1 2 4, Qu� vi c6 nhCrng de nghi nbo d6 thay d6i hay c6i thin c6c chinh s6ch ve fink d6 di6u ki6n, 0 y' n v�3 dan,h arch ch&? lu,a chon vA chap nhAn c6a chCjng t6i, bao g'm c6c th6 tuc ph5n qu e X6c Dinh Tie^ n Thu& NhA 5. Quy vi c6 de" nghi gi de- thay do, �'i hay c6i thi6n chink each x6c Binh Lien thub nh6 c6a chOng, t6i? Dieu HAnh vA QuAn Ly 6, Quy vi c6 de nghi gi dO thay clo'i hay c6i thi6n vies iD!e^u H.)nh v6 Qu5n Ly cOa chOng t6i? is Dinh TLP LLpc (Family self -Sufficiency) 7. Quj vi c6 nhCj,ng de nghi gi de" thay dogi hay c5i thibn Chucyng Trinh Gia 'Dinh Tu Lvc c6a chOng t6i? City Council 3-95 3/18/2025 EXHIBIT 1 8. Q4 vi c6 nhOng de" nghi 91 d6' khu,y6n kh1ch V6 th6c day th6m, nhie-u gia Binh dvac ha tra thaw gia ChLpang Trinh Gia Dinh Tay Luc c6a chOng, t6i? Tidn Trinh HoAn Th�Anh S& Wnh c6a ChOne T6i 9. Um the" n6o chOng t6i c6 th6 c6i thidn fie"n trinh cOa minh d6' ho6n th6nh SO, m6nh c6a m,inh v6 ho' tray tat han nhu ca-'u nha & cia quj vi? 10. Quy vi c6 de- nghi n6o kh6c dA c6i thi6n, chuang trinh wa dich, vul cOa ch6ng t6i cho quj vi, ch6 nh6 v6 c6ng d6 ng cOa chOng to kh6ng? ,I - City Council 3-96 3/18/2025 EXHIBIT 1 THANU PHO SANTA ANA i THAM Q(JYf,N Nfl;t 6 SAY' TA ANA 20 Civic Center Plaza 0 11,0Box 22030 Santa Ana, Calif(), Ij,, 92702 (714) 667-2200 ChLpong Trinh Hoop Ban Co-' VAn Cup TrO �Qa) �5thA�ng 2,--20.25 I. ChAo E)6n vA Gi16,i'Thi6u 11. GW thick v6 Muc Dich vA Ch&c N5ng cfja Ban CaVan Coop Tr 6 (24 CFR'903.13) M. GW thich v6 Ke-' Hoach 5 N6m c6a CO, Quan Tha-m Quy6n NhA & (24 CFR 903.3) IV. GUM Thich ve^' CAp NhAt Ke^' Hoach HAnh ChAnhi Chmyng Trinh Phi Upa Chon NhA vA n6 Li6n Quan de-n Ke-' Hoach 5 N6m Nhtp thei Wo Moach 5 r q a C QUve-n NhA (V !��2�4CFR �903�.7 Nhu CaAU NhA & VA Stich LLpac GIM Quyek Nhu Ca-'U NhA & I. Nhu CA u nh6 & c6a qua vi 1c) 91 v6 hay Cho U64 t ba nhu Ca- u nha & h6ng c7ax u coda quy vi? 2. Qua vi c6 nh&ng d' nghf gi c7e-- girl quy'et hi6u // " --- 1-111, . qua h(Ynnhu ca-unh6&cOamJnh? 1. ," a , /-) ""', 71 -1 ,'l 3. LnNi cung ca"p dich vu - h6 tr(Y nh6 & 16,n nhak trong cling dong c6a chOng ta, theo quy vi, SAHA n6n lbm gi de-' gi6i quye't nhu Ca'-u nh6 & twang c6ng dO-'ng c6a chOng ta? City Council 3-97 3/18/2025 EXHIBIT 1 , Tinh d(j, cli6u kidn, ILPa chop v6 chAP nhAn e 'I hay caw thi6n c6c chinh each v' tinh dO di6u ki n 4. Qu,� vi c6 nhCvng de' nghi n6o do that' do- 6 y n v6 danh, each ch6? Born c6c th6 tuc, ph5n qu e lLra chon vA chap nh5n c6a Chu t6i, bao g� � R X,ic Dinh Tien Thu& NhA tin thug nh,6 c6a chOngi 5. Qua vi c6 de- nghi gii de- thay clo'i hay c6i thi6n chinh each x6c Binh e t6i? d Dieu Hinh vA QuAn L. i hay C;Ai thin viC-c Di6u H6nh v.� QuAn L� cOa chOng t6i? 6. Quy vi c6 de- nghi g! de thay " do' . . ...... . .... 7 Gis Dinh Tv Lu5c (Family Self -Sufficiency) " thay d0'4i, hay c6i thi6n Chuang Trinh Gia Binh TuI Luc coa 7. buy vi c6 nhCrng de" nghi gli de' chOng t6i? a. C, City Council 3-98 3/18/2025 EXHIBIT 1 8. Quy vi c6 nhGng d6' nghi gi d6 khuye4n Mich V6 th0c day them nhie'u gia dinh cTLV,cc ho-5 tro, tham gia Chuang Trinh Gia Dinh Taw Lvc c6a chOng t6i? Tien T'rinh Hokin ThAnh S(p Mdnh c6a Ch(ing T6i 9. LAm the n6o chOng t6i c6 the chi thi6n tie-n trinh c6a minh d6 hoen th6nh SO, m6nh cOa minh v6 how trcy teat han nhu ca;u nhA CY c6a quy vi? 10. Quj vi c6 d6 nghi 116o kh6c dg chi thi6n chu,ang trinh va dich vu c0a chOng t6i cho quy vi, chO nh6 v6 c6ng d6ng c6a chOng to kh6ng? City Council 3-99 3/18/2025 EXHIBIT 1 THANH PHO SANTA ANA TRAM QUYfN NHk 6 SANTA ANA 20 Civic Comer Phr/a 9 J,O. BoN, 22030 Sama Ana, Cajifc)jjjja 9270'2 (714) 667-2200 Chu,o,ng Trinh Hoop Ban Chi Vain CLP TrO . . ..... NgAy 5 th-ing 2, 2025 I. ChAo E)6n vA GiM Thidu 11. G1611 thich ve-' Muc Rich vA Ch(pc NAng cUa Ban Co- Van CLP Tr(j (24 CFR, 903.13) M. GUM thich ve-, Kd' Hoach 5' N15m c6a C(YQuan Thairn Quy6n NhA 6,(24 CFR 903.3) IV. GUM Thfch v-e CAp NhAt K66 Hoach HAnh ChAnh Chtrong Trin:h Phleu Lva Chan NhA vA n6 Udn Quan de-n Ke-' Hoach 5 NAm Nhtp the Wio Quve'n NhA Santy Ana: (24 9EjR go3.7 Nhu C aAu NhA & vA SAch LLPCYC GlAii Quyek Nh,u Ca- U NhA 1. Nhuceunh6&c6a quYvil6givahey chobi ,e t bra nhu ca-u nhA & hang daxu cOa quy vi? -A� + C, "-- LIL . ...... . ........ . .... .... 2. Quy vi c6 nh&ng de" nghi gi d' g�,ii quyAt hibu qu6 han nhu caxu nh6 cOa minh? e e . . . . ......... 3. L,-) nh6 cung caA p Bich vu h65 tra nhb & Ift nhA4 t trong cling do'ng c6a ch6ng ta,, theoquy vi, SAHA n6n 16m gi de gi5i quyek nhu ca'u nh6 & trong c6ng d6-ng c6a chOng ta? City Council 3-100 3/18/2025 EXHIBIT 1 J Tinh dd dieu kibn, ILva chop 0 chp nhAn - a 1 1 4. Quy vi c6 nhO,ng dC:,, nghi nAo d(� thay d6i hay c5i thi6n c6c chin,h s6ch ve^ tinh d6 di6u ki6n, 0 Iva chon Va chap nh5n cOa cling t6i, bao 9 M c6c th6 tuc phAn quy6n v6 dank each ch( A", . . ........ XAc Dinh Tien Thu & NhA e- 5. Quy vi c6 cue nghi. gli cuecuethat' d6i hay c6i thin chink s6ch x6c Binh tin thu6 nha c6a Chung t6i? j Dieu HAnh vA QuAn L�}' �nh v,� Qu;An L� c6a chOng t6i? 6,. Quy vi c6 d 6' nghi gi M that' d6i hay c6i thi011 vi6c Oi "e u H< r -1 n - I') , is Dinh Tv ILLre (Family Self -Sufficiency) 7. buy vi c6 nhCrng nghi g! c6a that' d6i hay ccM thibn ChLrang Trinh Gia Dinh Tu Lvc de^ de' ch6ng t6i? City Council 3-101 3/18/2025 8. Quy vi c6 nhCyng d' nghi gi tie khuy6n Mich vasth0c tray th6m nhi6u gia Binh dvqc ho tra thaw gia Chu,(Yng Trinh Gia Binh Tv Lvc c6a chCjng t6i? Tien THnh Hobn ThAnh S(P M4nh c6a Ching Mi 9. L6m th6 n6o ch6ng t6i c6 the c6i thign tie- n Wnh c0a mink d6 ho6n th,6nh sip monh coa minh v6 h6 tra tit horn nhu du nh6 & 06a quy vi? a 10. Quj vi 0 de- nghi nAo kh;Ac c76 cal thiOn chLr(yng trinh v6 dich vu c6a chCjng t6l Cho quy vi, chO nih6 v5 c6ng d6ng c6a chOng to kh6ng? City Council 3-102 3/18/2025 EXHIBIT 1 m THANH PHO SANTA ANA THAM QUYEN NHA 6 SANTA :NA 20 Civic Center Plaza * P-O, Box 22030 Santa Ana, Califbmia 92702 (7 14) 667-2200 w ly -�' lw"(kg ChLpo,ng Trinh Hop Ban C-' V-n CLF Tr(j 0 a . ......r.5thcing 2', 2025 I. ChAo E)6n vA Gi&i Thibu 11'. GiAithich v6 Muc E)ic h vA Ch(pc N,5ng c6a Ban C -0 Van CLP Tr6 (24 CFR 903'. 13) M. GUM thich ve- Ke-' Hoach 5 N6m cfja Co, Quan Tha-m Quye-n Nhci 6,(24 CFR 903.3) IV. GiAii Thich ve- CAp NhA . t Hoach HAnh Ch6nh ChLPOng Trinh Phie-u LLPa Chon Nhb (Y VA n6 LIC-ni Quan deK&-in Ke- Hoach 5 Ncim Nhu, the-' Wo Z mum= 7M—Moasq-�!-ft�4m 7, Nhu Ca-u Nh6 & vA Sash LLPOIC Gi6i Quyek Chu Ca-u, NhA (Y 1. Nhuca-unh6&coaquyvil'agivah5ychobieAtbanhu caAunh6!6hanatau can nlj�/k/i? 2. Quy vi c6 nhOng dA nghi gi d;z gicli quye-t hiCau qua h(Yn nhu c6u nh6 & c6a mink? e 3. LA nh16 cung ca-p Mich vu h6 try nhA & I&n nha4t tro0 ng c6ng cl-ng c6a chOng ta, theo qq vi, 1 0 SAHA n6n lAm gi c16' gi6i qluy6t nhu ca-u nM & trong cling dO-"ng c6a chbng ta? City Council 3-103 3/18/2025 EXHIBIT 1 , I Tinh dO dieu icier,, lga chon vA ch5p nhAn 6 " 4. Quy vi c6 nhU,ng d6 nghi n�Ao do that' doxi hay c& thi6n c6c chinh s6ch ve^ tinh d dieu kiln, lu,a chop v, ch afp nh5n c6a chOng t6i, bao g6m c6c th6 tur- ph quye- n v6 danh s6ch ch&? XAc Dinh Tien e I Thu6 NhA ti' n thu& nhb cOa chOng 5. Quq vi c6 de nghi gi d6' thay doki hay chi thi6n chinh s6ch x6c Binh +A0 I Dieu HAnh v;N QuAn Lq 6 Quin Lq c6a chO,ng t6i? 6. Chit' vi c6 d6' nghi gi de- thay do;'i hay chi thi6n vibc Die-u HAM v is in Tu, Urc (Family Self -Sufficiency) thay d6i hay c5i thiC-n ChU'Ung Trinh Gis Dinh Tu, Luc c6a 7. Qu,y vi c6 nhCpngi coo nghi gi C16 chOng tbi? City Council 3-104 3/18/2025 EXHIBIT 1 8. Q4 vi c6 nhCyng de" nghi gi d6 khuy-n khich vA thi6c da"y thbm nhi6u g,Ly,a ia Binh du' h05 tro, e tharn gia ChLYang Trinh, Gia Dinh Tu Luc c6a ch6ng tb,i? Tie-n Trinh Hohn Thimh SO, Mdnh c(ja Ch(jng T6i 9. LAmi the nAo chOng t6i c6 the c6i thi6n ti e-n trinh cda minh de ho6n th6nh sO m6nh c6a minh v6 hO;r tro, tot han nhu du nh� & c6a quy vi? a 10. Quy vi c6 de- nghi n6o kh6c d6' chi thi(§n chuang trinih V6 dich vu cOa chbnlg t6i cho quy vi, chip nh6 vA c6ng d-'ng c6a chOng to kh6ng? 0 City Council 3-105 3/18/2025 EXHIBIT 1 m THANH PH 6 SANTA ANA THAM QUYtN NILk 6SANTA ANA 20 Civic Ccjjtej� pjazt e RO. Box 2203,0 Santa Ana, Calil'onija 92702 (1714) 667-2200 ChLpo,ng Trinh Hop Ban Van A 6 n Cti, True .. NgAY 5 th-cing 2, 2,025 I. ChAo 06n vas Gi6,1 Thidu 11. Giciii th!ich ve-' Muc Dich vA Ch&c Wing c6a Ban Ca Vd'n CLP TrO (24 CFR 903.13) M. Gi6i thfch ve- Ke-' Hoach 5 NAm c6a Ca Quan Th a m Quye6n NhA 6'(24 CFR 903.3) IV. GW Thich ve- CAp Nhk K66 Hoach HAnh ChAnh Chtpong Trinh Phle^u LLPa Chan NhA vA n!6 Lidn Quan de^ n Ke- Hoach 5 NAm Nhu, the- NAo M, Nhu Ca-U NhA & vA Sdch LLFac GiAi QUY-et Nhu Ca-'U Nh6 Hoach 5 Ngm c6 1. Nhu cAu nha cr 11 c6a quj vi 16 gi vb h5y cho bieAt ba nhu c6lu nh6 & Ning da^u c6a quj vi? ,z 2. Quj vi c6 nhOng de- nghi gi de gi6i quyeAt hi(§u qu6 horn nhu caxu nhiA & c6a minh? 3. L6 nh6 cung cep Bich vu h05 trc,y nhu & Icon nha"t trong cling doxng c6a chOng ta, theo qua vi, SAHA n6n l6m 91 de gi6i quyet nhu c au nihib (Y trong cling dox ng cOa chOing ta? City Council 3-106 3/18/2025 EXHIBIT 1 ...... . .... xu, Tinh db dieu kiln, Iva chon 0 ch- ap nhAn 4. Quy vi c6 nh,Crng d6' nghi nao M that' d6i hay c5i thi6n c6c chinh sAch ve tinh dO die"u kii§n, lLya chon vA cha'p nh5n cOa chCjng t6i, bao 96m c6c th6 tuc ph quyen v� danh s6ch ch&? 9-1 X;Ac Dinh Tien Thu & NhA cda chO,ng c 5. Quy vi c6 de nghi gi de that' do-i hay chi thi6n chinh sAch xic dinh tiers thu6 nhc t6i? Dieu HAnh vA QuAn Lyr 'u HAnh v,� Quin Lq cOa chOng t6i? 6. Quy vi c6 de' nghi gi de- thay d6i hay cAi thii§n vibc Die is Dinh Tu, Ltyc (Family Self -Sufficiency) 7. Quy vi c6 nhCrng M nghi gi de that' doxi hay chi thin Chu,(Yng Trinh Gia EAnh Tu Luc c6a chOng t6i? City Council 3-107 3/18/2025 8. Quy vi c6 nhUng de- nghi gi d84 khuy"en khIch v6 th0c d6y them nhie"u gia dinh dLr(yc ho" tra tham gia ChLp(yng Trinh Gia Unh TLP Lvc cOa chOng t6i? Tie-'n THnh Hohn ThAnh SO MOM c0a ChOng T611 9. LAm the n6o chOng t6i c6 th6 c6l thi6n b6n, trinh c6a minh dehoAn thAnh sir monh c6a minh e A Va h6 tra tot han nhu cAu nihA & cOa quy vi? 10. Quy vi c6 de ngh ' 1 nAo kh6c decd! thin chuang trinh vA idich vv cOa Chiang t6i cho quy vi, ch6 nh5 v6 dingd6ng cOa chiOng to kh6ing? City Council 3-108 3/18/2025 EXHIBIT 1 0 TUANH PH -0 SANTA ANA THAM'QUYIN NHA 6 SAYFA ANA 20 Civic Center Plua * RO, Box 22030 Santa Ana, Calilornia 92702 (714) 667-2200 o,ng Trinh Hop Ban o Win CLP Tr6 N&y 5 thAng 2, 2025 I. ChAo D6n v5 Gi&i Thi6u 11. GiAi thich ve- MUC Diich vA Ch&c NAng c6a Ban C65 Van CLP Tr6,(24 CFR 903.13) M. GiAi'thich Ve- Ke-' Hoach 5 NAm c6a C(Y Quan Thaim Quye-n NhA & (24 CFR 903.3) IV. Gii.M'Thich ve-' Cip Nh-it Ke-' Hoach H'Anhi ChAinh Chwang Trinh Phie-u LLPa Chon N n:6 n Quan de'n Ke-' Hoach 5 NAm NhLPNio e 11,uy4n NhA•Santa Ana: 1(24 CFR 9 Nhu Ca-u Nh6 & VA Stich LtPac GUM Quye-t Nhu Ca-'U Nhi 1. Nhu ca^u nha & c6a quy vi 16 gi v6 h5y cho bie't ba nhu ca'u nhA & h6n d^a q u c6a auV vi? 2. Quy vi c6 nhCpng de" nghi gi de gicii quyeft hidu qu6 hen nhu calu nihb & c6la minh? & Ut nh6 cung cap Bich vu h05 tr(Y nh6 & Ift nha^t trong cling d6ng c6a chbng ta, theo quy vi, SAHA n6n lam gi de gi6i quyek nhu ca'u nh6 & trong c6ng do'ng cOa chOng tal,? -(11 , L I �n r", Cl C City Council 3-109 3/18/2025 EXHIBIT 1 Tinh dCj di,eu ki6n, Iva chgn vA chi- nhAn . I e 4Quy vi cry nhCFng M nghi n,�o d6 thay d6i hay c6i thi6n cAc chinh sAch v 6 finh N di 1 u ki6n, h.— -kr'n X16, (h:%n nhAn r6a chOna t6i, bao q Oxm cac thO tuc phAn quye'n vA danh s6ch ch&? XAc Dinh Tien Thu6 NhA e ti'n thus nh� c6a ch0ng 5. Quy vi c6 de" nghi gi d& thay d6i hay c6i thi6n chinh s6ch x6c Binh t6i? ell KA v I Dieu HAnh vA QuAn Lq i hay c6i thi6n, vj& lieu HAM vA Qu6n Ly cuss chOng t6i? 6. Guy vi c6 de- nghi gi d6 thay do' Gia Dinh Tu, Uyc (Family self -Sufficiency), 7. Quq vi c6 nhCrng de;' nghi gi de" thay Oki hay c6i thi6n Chu ceng Trinh Gia Dinh Tv Luc cua ch,Oing t6,i? City Council 3-110 3/18/2025 EXHIBIT 1 8. Quy vi c6 nhUng de nghi gi d2 khiuye^n khich v6 th0c day therm, nhi6u gia Binh duac h05 tro, e thaw gia Chuang Trinh Gia Dinh Tu Luc c6a ch,Olng t6i? . ..... . .... . . . . ....... . . M v c IA) - 7 -J�..-.- -Var) YJ Tidn Trinh HoAn ThAnh S& OM §nh cfja ChOng T6i 9. LArn the- nao chOng t6i c6 the chi thin tin trinhi c6a minh de;' hoAn thicinh so m6nh c6a x minih vti h6 trcy t6t han nhu cau M6 & c6a quj vi? 10. Q4 vi c6 de nghi nAo kh6c de chi thi6n chuang trinh vA dich vui c6a chOng t6i cho qug vi, ch6 M6, v6 c6ng do;'ng c6a chOng to kh6ng? I City Council 3-111 3/18/2025 EXHIBIT 1 THANf1 PHO SANTA ANA THAM QUYkN NW, O'SANTA A -NA 20 Civic Center Plan a P.O. Box 22030 Santa Ana, Califomia 92702 (714) 667-2200 Ch,Lpo,ng Trinih Hop Ban Cok Vin CLP Tr(j NgAy 5 th6ng 2, 2025 I. ChAo E)6n vei GiM Thidu 11. GUM thich ved' Myc Dich vA ChOc NAng c6a Ban Co- Va-�n CLF Tr6 (24 CFR 903.13) Ill. GUM th[ch v6 Ked' Hoach 5 NAm c6a Ccr Quan Tha-m Quy6n Nh6 & (24 CFR 903.3) IV. GiAll Thich ve- CA ' Hoach, HAnh ChAnh Chtronig'Trinh Phidiu Lwa Chon NhA p NhAt Ke• - vA n6 Lie-n Quan de-n Ke-' Hoach 5 NAm Nhu, the NAo Quy6n NhA & Santa Ana: (24 CFR 903. Nhu Ca-u NhA (Y vA Stich Luoc GiAl Quye-"t Nhu Cau NhA 1 Nhu ca^u nh6 a c6a quy vi 1,A gi va hjy cho biek ba nhu c-au nhA hang d4u c6a quy vi? Ill 3. La nha sung cad Bich vu he- tra nh6 & Ian nhiat trong tang d6ng c6a chCjng ta, theo quy vi, 0 SAHA n6n 16m gi de gi6i quye't nhu cau nh6 & trong c6,ng long cua chOng ta? City Council 3-112 3/18/2025 EXHIBIT 1 Tinh du dieu ki6n, lLva chon vA cha-p nhSn 4. Quq vic6 nhiCpng d6' nghi neo de thay d6i hay chi thi6n c6c ch[nh s6ch v6' t[nh do die-u ki6n, lu a chon vb ch Ap nhAn c6a chOng t6i, bao g ^0 rn c6c th6 tuc ph5n quyen v6 danh such chc�? X.ic Dinh Tien Thu& NhA 5. Q4 vi c6 de- nghi gi de thay do2i hay c5i thi6n ch1nh s6ch x6c Binh tie'n thug nh6 c6a chOng +AiO Dieu H6nh 0 QuAn L� 6. Qu:5 vi c6 d6' nghi gi C16' thay doxi hay c6i thi6n v�dlc Die'u Hbnh v6 Qu6n Ly cOa chong tau? 4a.w "t iem ............. . . . . is in Ty, We (Family Self -Sufficiency) 7. Quy vi c6 nhUng denghi gi dethay d6i hay chi thi6n ChLrang Trinh Gia Dinh Tv LU c cua chOng t6i? k City Council 3-113 3/18/2025 EXHIBIT 1 8. Q6 nhG,ng d6' ngh! gi d^khuye4n khich vA th6c d6y thbm nhle-'u gia� dinh du,ac hO-- tro, e tharn gia Chuang Trinh Gja [Dinh T'u Luc c6a chiOng t6i? Tie-n Tr inh Hogan ThAnh SO Mdnh c(ja ChOng T6i J. LAM the- nbo, ch6ng t6i c6 th 6 chi thiC-n ti6n trinh cOa mink dA ho6n th6nh sip, rnnh c6a Minh vher tra tot horn nhu caU nh6 & c6a quj vi? f . ......... ..... ..... 10.0uy vi c6 d6 nghi no, kh6c d' cAi thiOn chuang trinh vc) dich vu c6a chiOng t6i chio quy vi, e GhO nh6 vb c6ng do^n!g cOa c:hOng to kh6ng? City Council 3-114 3/18/2025 EXHIBIT 1 m THANH P110 SANTA ANA TIMM QUYkN NMI 6 SAWA ANA Ciwlc Centel- Phiza a R0. Box 22030 Santa Ana, Caflrbmia 92702 (714) 667-2200 ChLro,ng Trinh H'op Ban Co-' Va^n CLP Tr6 — — Ng6y 5 thAng 2, 2025 Ill. GiAi thich ve-' Myc Dich vA Ch(vc N5nq c6a Ban Co- Van CLP TrO (2,4 CFR 903j3) I'll. GW thich v6 Ke-' Hoach 5 N5m c6a Co, Quan Thaim Quye-n Nha' 6,(24 CFR 903.3) IV. GW Thich ve- CAp Nh,At Ke-' Hoach 11-11-inh ChAnh ChLpo,ng Trinih Phie-u Ltya Chon NhA VA n6 de -In Ke- Hoac:h 5 NArn Nhtp theii Wo Th6mi QUYC-n NhiA & Santa Ana: (24 CFR 903.7) Nhu Ca7u NhA & vA Stich Luoc GUM Quyek Nhu Ca-u NhA (Y 1. Nhu ca-' u nh6 & c6a quq vi 1� g! vA h5y cho bi6t ba nhu caxu nh6 & hang da'u cOa quy vi? 7, �-........... 14,41-11 -7 a_a� c6, nhQng d6' nghi gi de-' gi6i quy6t hidu qu6 h(Yn nhu ca-u nh6 & cOa minh? e 3. L6 nh6 cung cap dick vu - . h6 tra nh6 & I&n nha^t tronig cling d O-.ng c6a chOng ta, theo quy vi, SAHA n&n 16m gl'i d6 gi6i quyek nhu caxu nh6 & trong c6ng d6ng c6a ch6ng ta? City Council 3-115 3/18/2025 EXHIBIT 1 I a in Tinh digdieu kidn, live chon vA ch^p nh. 4. Q4 vi c6 nhCyng de nghi n6o de thay do-i hay chi thi6n cbc chink s6ch ve^ tinh do dieu ki&n, lu)a chon v, cha"p nh5n c6a chOng t6i, bao go^m c6c thO tuc phAn quy6n vb danh s6ch ch&?' . . . ......... Al . ............ Mc Dinh Tie-n Thu& Nh& 5. Quy vi: c6 denghi gi de;' thay d6i hay chi thi6n chink s6ch x6c Binh tiers thub nhb c6a ch6ng t6i? �rv,r 4) e, I Dieu Dinh vA QuAn Lq 6. Quy vi c6 de nghi gi d6 thay MA hay chi thi6n vi6c Oie-u Fl6nh v6 Chu Ly c6a ch6ng t6i? Gia Dinh Tu, We (Family Self -Sufficiency) 7. Quq vi c6 nho,ng de" nghi gi de-' thay dOTi hay c6i thi6n, ChLrang Trinh Gia Unh Tu Luc c6a chCAng t6i? City Council 3-116 3/18/2025 EXHIBIT 1 8. Q4 vi c6 nhCpng CM nghi g�i d6 khuyen khich v6 th0c da"y th6m nhi6u gia dinh dLrcYc holt trcy thaw gia Chvang Trinh Gia Dinh Tu Lvc c6a chOng t6i? Tie-n Trinhi HoAn Thhnh SO Mdnh c6a Ch!Ong T6i 9. L6m the n!6o chOng, t6i c6 the c6i thi(§n teen trinh c6a minh d6 hoAn th6nh so m6nh coa minh v6 ho' tra to5t han nhu ca"u nh6 & cOa quj vi? I O.Quj vi c6 de- nghi n6o kh6c cT-'e c6i thi6n chu,ang trinh v,6 dich vu c0a chOng t6i cho quy vi, chb nh6 v6 cling d6ng c6a chOng to kh6ng? M � City Council 3-117 3/18/2025 EXHIBIT 1 THAN" , H PH SANTA A N A. ,rn,kM QUYf,N N11A 6 SANTA ANA 20 Civic Center flaza o P () Box,22030 Santa Ana, Cahfomia 92702 (714) 667-2200 ChLpo,ng Trinih Hop -Ban CO-' Van CLP'Tr(i NgAy 5 i, r 025 I. ChAo E)6n vA GiM Thifiu 11. GUM thich ve-' Muc 011ch vA ChCrc NAng c6a Ban CO Va-ni Ctv Tr6 (24 CFR 903.13) III. GUM thich ve-' Ke-' Hoach 5 NAm CC'a Coo! Quan Th -am Q�uy6n NhAt & (24 CFR 903.3) IV. GUM Thich, v6' CAp NhOt Ke4 Hoach HAnh ChAnh ChLpong Trinh Pihid'u, Lipa Chon NhA d vA n6 Lidn Quan de-n KOA Hioach 5 NAm Nhu, th6 NAo ]LIM 31 - a Ziii 71 floRampuagggganThArn 11uy6n NhA eY Santa Ana: (24 CFR 90.,'33. Nhu Ca-U Nh9i & VA Such, LLPOICGUM Quye-t Nhu CAaU NhA 1. Nhuca^unhA&cG,aquyvil6glvbhay chobietb,anhucakunhA&hang cl'a'uc6aquyvi? 2. Quy vi c6 nhCrng d6 nghli gi d6 gi6i quyeft hi qu6 hcyn n,hu caiu nh6 & c6a minh? 3. L6 nhu cung cap Bich vu hO;r tra nh6 & Ift nhaAt trong cling d6ng c6a chOng ta, theo quy vi, SAHA nl§n lAm gi d6 gig quy6t nhu ca-u nh6 & trong c6ng dong c6a chOnig ta? City Council 3-118 3/18/2025 EXHIBIT 1 Tinh dO diiii kidn, lya chon vA cha-p nhein 4. buy vi c6 nhCpng de" nghi no d6' they 0 di hay c6i thibin c6c chinh s6ch ve tfnh N die-u ki6n,, Iva chon v6 cha^p nh�n cOa chOng t6i, bao go-M cbc thO tuc ph quye^n v� danh sAch chO Mc Dinh Tien Thud NhA 5. Q4 vi c6 del nghi gi d6 they d6i hay c6i thin chinh such x6c Binh tie-n thLj6 nh6 cOa chOng t6i? cl� Dieu HAnh vA QuAn Ly 6, QUy vi c6 d6 nghi gi d6 thay d6 i hay chi thi6n vi6c D ii HAnh vA Qu6n Lj c6a GhOng t6i? r\ > Du - Gia Dinh TLP LLpc (Family Self -Sufficiency) 7. Quy vi c6 nhCrng 66 nghi gi de that' d6i hay chi thion Chuang Trinh Gia Unh Tv We cu'a chOng t6i? City Council 3-119 3/18/2025 EXHIBIT 1 w 8. Quy vi co' nhL-rng de nghi g! de " khuy6n kh1ch vth0c dAy thbm nihie-u gia Binh cTLFqc ho trg thaw gia ChLfang Trinh is Dinh Tu, Luc c6a chOng t6i? .......... -N- Tien Trinh Hohn ThAnh S& ML&nh c6a Ch6ng T6i 9. L6m the nao ch6ing taxi c6 the chi thi6n ti6n trinh c6a minh c76 horn tNinh SO, m(§nh c6a minh vA h6 true t6t han nhu chu nh6 & c6a quq vi*?, 10. Qu} vi c6 de nghi no kh6c d' c9d thi6n chLp(yng trinh v6 dich vu c6a chOng t6i cho quy vi, ch6 nhv, ! c6ng do'ng cOa chOng to kh6ng? elv) City Council 3-120 3/18/2025 2/20/25, 9:43 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Collector: Started: Last Modified Time Spent: I Address: Page 1 Mobile Link (Web I...iinik) Saturday, January 25, 2025 1:48:35 PM Saturday, January 25, 2025 1:57:01 PM 00:08:26 76.246.229.9 Q1 What are your housing needs and what would you rank as your top three housing needs? Affordable rent places that accept housing and nice place to live Q2 What recommendations do you have to more effectively address your housing needs? Affordable rent Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Help more people Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Keep people updated Q5 What recommendations do you have to change or improve our Rent Determination Policies? Help people even if they don't have money Q6 What recommendations do you have to change or improve our Operation and Management? None Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? None Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Help with looking forjobs Q9 How can we improve our progress to fulfill our mission and goals? More things to help people City Council 3 — 121 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 2/3 2/20/25, 9:43 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No I dont About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information ,&>Truste e%,, rii City Council 3 — 122 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20o5, 9:44mw cown�crc coUamoc Started: Last Modified Time Spent: |pAddress: Page SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web ink) Sunday, Junuary:6, 202511:24:03Am Sunday, Junuury26, 202512:00:50pm oo:om:47 104.28.85.111 Q1 What are your housing needs and what would you rank myour top three housing needs? I.- hace/mmviviendas para anuanos. 2.'o"^siuem/[as upuomy"^esuemmmu"s. W» What recommendations do you have to more effectively address your housing needs? Edit Delete Export Qm As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should dom address the housing needs mour community? Q4 What recommendations do you have mchange orimprove our Eligibility, Selection and Admissions Policies, including 0000noonrruz|onand Waiting List Procedures? Qe What recommendations do you have to change or improve our Rent Determination Policies? Wm What recommendations do you have to change or improve our Operation and Management? ndoestd bie^ Wz What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? W8 What recommendations do you havmencourage more uss|oted-fum|lies muse our assistance muplatform mobtain ooU' oumo|oncyn w/wmna We How can we improve our progress to fulfill our mission and goals? � Pew/ City Council 3-123 3/18/2025 oa 2/20/25, 9:44 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Ninguna, solo agradecemos a Dios por su servicios y ayuda. Dios les bendiga. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information iTrusted r t,s,' ®III.. I+I III III Y h E i 1 " R II.. City Council 3 — 124 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:44 AM Collector: Started: Last Modified Time Spent: I P Address: Page I SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I ink) Sunday, January 26, 2025 1:30:55 PM Sunday, January 26, 2025 2:11:58 PM 00:41:02 76.175.164.60 Q1 What are your housing needs and what would you rank as your top three housing needs? Edit Delete Export Providing training on how to self -advocate, along with a more thorough and in-depth understanding of how the voucher program works, would greatly benefit clients. This should include details on the yearly review process, how approvals or denials are determined, and the steps to appeal in case of a denial. These topics could be developed into online training videos that are reviewed and updated annually to address commonly asked questions, ensuring clients have access to accurate and up-to-date information. Q2 What recommendations do you have to more effectively address your housing needs? Providing training on how to initiate the portability process and offering a basic understanding of the funds needed to budget for a move would be invaluable. This knowledge would empower clients to plan effectively and make informed decisions, reducing stress and ensuring a smoother transition during the relocation process. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? To alleviate some of the stress recipients feet due to time limitations in finding housing once a voucher is awarded, it would be beneficial to inform clients about city and county programs that assist with transitional housing. if this is not immediately seen as a need, it should be seriously considered to help clients make informed decisions when choosing a place, ultimately aiding in the maintenance of stable housing. Additionally, making more specialists available to answer questions in real time would address the current delays caused by heavy caseloads. Alternatively, posting commonly asked questions online for clients to refer to could also help ensure they receive timely information. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Extending voucher expiration dates to a more reasonable period of time would provide clients with the opportunity to secure suitable housing options that best meet their needs. This adjustment would help reduce the pressure of tight deadlines and increase the likelihood of clients being able to retain their vouchers and make informed housing decisions. Q5 What recommendations do you have to change or improve our Rent Determination Policies? Rent determination should be based on the client's net pay rather than their gross income. This approach would more accurately reflect their actual take-home pay, ensuring that housing costs are affordable and aligned with their financial reality. Q6 What recommendations do you have to change or improve our Operation and Management? N/a Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Un Q8 City Council 3-125 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:44 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Providing assisted families with access to job resources, higher education certificate programs, and skill -building workshops is crucial for empowering them to increase their earning potential. These opportunities not only foster self-sufficiency but also motivate individuals to achieve greater financial stability and independence, ultimately enabling them to grow out of the program and take on the financial obligations on their own. Q9 How can we improve our progress to fulfill our mission and goals? By listening and considering how recipients' feedback is directly impacted by their access to housing, basic necessities, and community resources. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Un About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information iTrusted r t,s,' ®III.. I+I III III Y h E i 111R II.. City Council 3 — 126 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:45 AM Collector: Started: Last Modified Time Spent: I Address: Page 1 SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I...iinik) Monday, January 27, 2025 5:53:25 AM Monday, January 27, 2025 6:38:41 AM 00:45:15 74.213.254.102 Q1 What are your housing needs and what would you rank as your top three housing needs? Edit Delete Export At this time 1)re-en roll in the mercy house program. 2)to complete in entirety the cards given for furniture and household goods. 3)would like to be justified for small infractions at my apt.because(and I know this is no excuse)of acquaintances that show up at my door because they have no place to go.thank you Q2 What recommendations do you have to more effectively address your housing needs? Mercy house and I need to keep in touch more during the month and year round.im saying this to clarify an issue,people show up at my door whom I haven't invited over and few are mentally questionable and they can't reason, and have been caught in our dumpsters looking for valuables.i can say this that ((being of sound mind) have not agreed that they can go thru anything at my apartment.im trying to better myself with this new chance at life and become a model tenant and citizen at this 2nd chance of changing my life for the better.thank you Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? It would help if we could keep in contact more often Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? If the clients can do it,they should be looking for housing units themselves so the weight isn't solely on the caseworker. Q5 What recommendations do you have to change or improve our Rent Determination Policies? My SSI and SSDI have lowered because the state says I'm making more income and the only money I've earned is thru SSI AND SSDI.i haven't had extra income in past 2 years and the rent keeps going up here at my aprtments Q6 What recommendations do you have to change or improve our Operation and Management? This question maybe a hit and miss since I don't really know the policies of OPERATION AND MANAGEMENT but maybe a monthly questionnaire to see how we ourselves are coping with our new responsibilities and that may help SAHA with their decision making Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? I don't really think this pertains to me since I'm living single but maybe I could be some kind of counsel to family groups since I did grow up in a family which does have respect and morals Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? City Council 3 — 127 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 2/3 2/20/25, 9:45 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 If it's me I usually tell them that your franchise is there to help us in any problems which may come up.To sum this up they shouldn't feel awkward or afraid to talk to a representative because they think the matter will escalate Q9 How can we improve our progress to fulfill our mission and goals? Ok..... I have had a couple of rite ups (and I know I'm not perfect) but I haven't been the reason for these rite ups because of the acquaintances that show at my door but I would like for you to address the issue and talk with me about the matter ,and I am bettering myself in this program,please call to set up an appt.i love my new life and don't want to be evicted because of the kind of people I happen to know Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? I don't want to sound like king of the castle but if you could be more open minded about the issues that arise because of someone else creating the travisty.thank you very much.DANIEL PARRA/949-613-1262. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information iTrusted r t,s,' ®III.. I+I III III Y h E i 111R II.. City Council 3 — 128 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20o5, 9:45mw cown�crc coUamoc Started: Last Modified Time Spent: |pAddress: Page SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web ink) Monday, Junuuryz7, 20257:49:57Am Monday, Junuuryz7, 20257:57:08Am oo:or:n 174.251.164.169 Q1 What are your housing needs and what would you rank myour top three housing needs? Having mvabove neighbor to stop smoking W» What recommendations do you have to more effectively address your housing needs? Curfew from 9:00 to 7:00 in the morning Edit Delete Export Qm As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should dom address the housing needs mour community? Heavy more security than that what we have not having them sitting in their car all the time watching TV or listening on their phone Q4 What recommendations do you have mchange orimprove our Eligibility, Selection and Admissions Policies, including 0000noonrruz|onand Waiting List Procedures? I don't care about that Qe What recommendations do you have to change or improve our Rent Determination Policies? /don't know and / hope I'm not one ofthem lot Wm What recommendations do you have to change or improve our Operation and Management? Management is okay Wz What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Stop giving me notes on my door saying I did not pay rent which I did W8 What recommendations do you havmencourage more uss|oted-fum|lies muse our assistance muplatform mobtain ooU' oumo|oncyn Please ^" children "/ babies "^ our campus We How can we improve our progress to fulfill our mission and goals? Heavy dress code they all took like gangsters and a better hygiene City Council 3-129 3/18/2025 2/20/25, 9:45 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Just tighten up the security About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted a C lia: 141 III III "'HC MlI City Council 3 — 130 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:46 AM Collector: Started: Last Modified Time Spent: I P Address: Page I SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I ink) Monday, January 27, 2025 2:32:56 PM Monday, January 27, 2025 2:57:25 PM 00:24:29 77.111.246.45 Q1 What are your housing needs and what would you rank as your top three housing needs? The City should ask the voucher recipients if they are happy or having any problems in the place they're living Q2 What recommendations do you have to more effectively address your housing needs? To check on the voucher recipients once a month if everything is going well with safety and if they feet comfortable Edit Delete Export Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? To have more workers to visiting the voucher recipients for any needs Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? The waiting list should have less restrictions and less time for the waitings Q5 What recommendations do you have to change or improve our Rent Determination Policies? No suggestion Q6 What recommendations do you have to change or improve our Operation and Management? No suggestions Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? The City should work closely with all housing program personnel Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Some people are scared to apply for housing because of the time it takes to get in the program means the waiting list it takes too long Q9 How can we improve our progress to fulfill our mission and goals? Work all together fast and accuracy City Council 3-131 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:46 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? The City should work more closely with landlords and the community for the safety of the tenant About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted 5 Re C:LRI IOII h i *; Ir4 Ill City Council 3 — 132 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:46 AM Collector: Started: Last Modified Time Spent: I P Address: Page I SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I ink) Monday, January 27, 2025 2:51:03 PM Monday, January 27, 2025 4:09:53 PM 01:18:49 75.27.244.148 Q1 What are your housing needs and what would you rank as your top three housing needs? Edit Delete Export Landlords transparency with hud tenants and double check by Housing. 2. Rent increase every year to tenants and added unexplain charges 3. Why yearly, 2yrs re-examinations with clients before fair housing is need??? Q2 What recommendations do you have to more effectively address your housing needs? What my answer to 1st question 3rd answered, to keep landlords from using the rights to use the rules of tenants and landlords for their on gain and not reexamine yearly-2 also Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? That's somewhat hard to say I had domestic violence,disabled. Single person no kids steady worker but homeless do not have chance to be housed and rebuild their life also. There's alot out there. But I believe you're doing good work. Thank you Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? To help singles no children with steady income orjob opportunities to receive housing maybe do not need change??? Q5 What recommendations do you have to change or improve our Rent Determination Policies? Changing the rent yearly instead of 2 year period if can make it that far and 6 months of bank statements??? Q6 What recommendations do you have to change or improve our Operation and Management? Who really can say? What are you able to do in operation and manage m ent, hands on with each and client case manager different then housing specialist to keep Landlord's from not giving tenant's any changes made to move-injease from and lease to dates and why before changes made??? Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? I don't know I have yet to enroll in this program? Hopefully I will be able to participate with the offer Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? I tell people all the time when asked about it, I say everyone's situation is different and even you hear waiting list long is to go anyway sign up or talk to case manager for assistance Q9 City Council 3-133 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:46 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 How can we improve our progress to fulfill our mission and goals? I don't know what progress for all the above but to listen to familiar complaints and go accordingly. Thank you Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No recommendations that I have already express already keep up your services for me,your landlords our community. Thank you About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted 5 Re C:'LRI IOII h i *; Ir4 Ill City Council 3 — 134 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 cown�crc coUaotoc Started: Last Modified Time Spent: oumeymmnkey Analyze Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Mobile Link (Web ink) Tuesday, January 28, 20254:56:00pm Tuesday, January 2a'2oo5o:oo:oopm oo:or:oa 45.49.178.24 Q1 What are your housing needs and what would you rank myour top three housing needs? Food jurniture, utilities help W» What recommendations doyou have mmore effectively address your housing needs? Nothing mvcase manager /sexcellent Qm As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should dom address the housing needs mour community? a —Resident services 6.~Auv"oacvand p"ucy~. r~~p"m/oEngagement Q4 What recommendations do you have mchange orimprove our Eligibility, Selection and Admissions Policies, including 0000noonrruz|onand Waiting List Procedures? Less time Qe What recommendations do you have to change or improve our Rent Determination Policies? /uk Wm What recommendations do you have to change or improve our Operation and Management? Wz What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Nothing. W8 What recommendations do you havmencourage more uss|oted-fum|lies muse our assistance muplatform mobtain ooU' oumo|oncyn w"m/wx � We xv bu��urpmgrossmmmu our mission 3_135 3/18/2025 oa 2/20/25, 9:46 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Don't know Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted 5 Re C:LRI IOII h i *; Ir4 Ill City Council 3 — 136 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:47 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Collector: Started: Last Modified Time Spent: I P Address: Page I Mobile Link (Web I ink) Wednesday, January 29, 2025 10:01:54 AM Wednesday, January 29, 2025 10:08:54 AM 00:06:59 76.33.73.114 Q1 What are your housing needs and what would you rank as your top three housing needs? Food, money(bills), and cleaning supplies. Q2 What recommendations do you have to more effectively address your housing needs? List if food banks and groups that are willing to help with the house bills. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? N/A Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? N/A Q5 What recommendations do you have to change or improve our Rent Determination Policies? N/A Q6 What recommendations do you have to change or improve our Operation and Management? N/A Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? N/A Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Un Q9 How can we improve our progress to fulfill our mission and goals? N/A City Council 3-137 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:47 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? ®n About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information o TYLA54eC� t ," URIIOIIr:rwwr irVd;„ City Council 3 — 138 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsn LxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:47 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Collector: Mobile Link (Web I ink) Started: Thursday, January 30, 2025 5:26:37 PM Last Modified: Thursday, January 30, 2025 5:42:28 PM Time Spent: 00:15:50 IP Address: 76.32.69.197 Page I Q1 What are your housing needs and what would you rank as your top three housing needs? Efficiency, safety, fair housing Q2 What recommendations do you have to more effectively address your housing needs? Proper training to really facilitate the people in need. Listening skill, PROBLEM SOLVERS. One size does not fit ALL Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Provide incentives to corporations for participating in the program, Tier Tax Benefits based on how many units they allow. Eminent Domain on dope motels and the city can have its own real estate department as new housing developments using green materials renewable energy based technology Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Elderly, women with children, veterans Q5 What recommendations do you have to change or improve our Rent Determination Policies? Cost analysis on rent rates based on the gdp, cost of living, tax incentives for renters becoming buyers, more grants based on usages Q6 What recommendations do you have to change or improve our Operation and Management? Better communication more ACCOUNTABILITY, being more educated in the position employees hold. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Need to read more about the program Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Become more visible they free medias, to the target demographic with multiple cross campaigns Q9 How can we improve our progress to fulfill our mission and goals? Do your job, be better leader ship. Training, critical thinkers City Council 3-139 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:47 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Treat people with RESPECT AND COURTESY. Be if SERVICE and not Attitude II it " 1: About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information ,&>Truste e%,, rii City Council 3 — 140 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:47mw oumeymmnkey Analyze Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export cown�crc coiiaotoc Mobile Link (Web Unk) Started: Monday, February oo'2oo5o:4o:lopm Last Modified: Monday, February oo.2oo5m:oo:orpm Time Spent: oo:lo:oo Q1 What are your housing needs and what would you rank myour top three housing needs? Affordable Housing for people with chronic illness. 1) Affordable 2) Safe Environment 3) Empathetic Housing Workers W» What recommendations do you have to more effectively address your housing needs? Meet with housing worker in -person to discuss and go over documents Qm As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should dom address the housing needs mour community? More housing workers' who are accesible in -person and more workshops to go over forms Q4 What recommendations do you have mchange orimprove our Eligibility, Selection and Admissions Policies, including 0000noonrruz|onand Waiting List Procedures? include more communities for only people with disabilities and chronic illness that include exercise facilities and first floor only Qe What recommendations do you have to change or improve our Rent Determination Policies? Increase amount of rent so that we can choose to live in safer communities especially for the elderly and disabled/chronic it[ Wm What recommendations do you have to change or improve our Operation and Management? Workers' who can meet in -person and are empathetic, caring and will listen to our needs Wz What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Don't Know W8 What recommendations do you havmencourage more uss|oted-fum|lies muse our assistance muplatform mobtain ooU' oumo|oncyn Don't Know We How can we improve our progress to fulfill our mission and goals? � More workshops and in -person meetings City Council 3-141 3/18/2025 2/20/25, 9:47 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Employ more workers' who are empathetic, caring, respond to calls/emails in a timely manner and conduct in -person meetings! About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -in • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted 5 Re City Council 3 — 142 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:48 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Collector: Mobile Link (Web I ink) Started: Monday, February 03, 2025 10:33:50 PM Last Modified: Monday, February 03, 2025 10:41:29 PM Time Spent: 00:07:38 IP Address: 174.243.147.206 Page I Q1 What are your housing needs and what would you rank as your top three housing needs? 1. More assistance with electrical bills/costs. 2. More living area options, other cities ect.. 3. More assistance with personal products and necessities, ie. Toilet paper, garbage bags. Q2 What recommendations do you have to more effectively address your housing needs? I personally don't have any ideas, I wish I had more input for you. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? People that are homeless currently and are waiting to be housed, they should have classes to teach them how to clean how to get back into mainstream society. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? The people that don't want to make an effort shouldn't even be on a list the shelters are filled with elderly people that need to be housed! Q5 What recommendations do you have to change or improve our Rent Determination Policies? Elderly women should be housed first since they suffer the most as do handicap people mentally and physically people like that should be housed first. Q6 What recommendations do you have to change or improve our Operation and Management? I feet that there's always room for improvement but as of now I've been very happy with operation and management everything goes by very quickly and as long as I keep things up on my end it goes very smoothly. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? I don't have anything to offer because that's not a program I have any interaction with. Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? I think your programs are very are very good. Q9 City Council 3-143 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:48 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 How can we improve our progress to fulfill our mission and goals? Well seems like you started out pretty well as long as people maintain their residents I think your numbers will be perfect. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? I've been extremely appreciative of the services you have provided and have really no complaints! I'm just happy I'm not homeless anymore! About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted 5 Re C:'LRI IOII h i *; Ir4 Ill City Council 3 — 144 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:48 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export Collector: Mobile Link (Web I ink) Started: Tuesday, February 04, 2025 7:25:59 PM Last Modified: Tuesday, February 04, 2025 7:33:43 PM Time Spent: 00:07:44 IP Address: 76.170.23.114 Page I Q1 What are your housing needs and what would you rank as your top three housing needs? I already have an apartment. Q2 What recommendations do you have to more effectively address your housing needs? Better pest control and more responsive maintenance Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Keep doing what you are doing Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Ensure U.S. citizens have priority and that prospective tenants don't have a history of being loud and destructive Q5 What recommendations do you have to change or improve our Rent Determination Policies? They're fine, but I wish there was less paperwork Q6 What recommendations do you have to change or improve our Operation and Management? More responsive management to problem tenants. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? It's fine as is. Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Make them more aware of the program's existence Q9 How can we improve our progress to fulfill our mission and goals? Focus on doing your best to ensure eligible people get into the program. City Council 3-145 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:48 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? More social opportunities relevant to residents. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information 1 Trusted City Council 3 — 146 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:49 AM Collector: Started: Last Modified Time Spent: I P Address: Page I SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I ink) Wednesday, February 05, 2025 2:16:17 PM Wednesday, February 05, 2025 3:04:09 PM 00:47:51 172.58.116.151 Q1 What are your housing needs and what would you rank as your top three housing needs? Edit Delete Export A clean and quiet environment for which righteousness dwells. Although I am waiting for a new heavens and a new earth in which righteousness dwells. The Second Epistle of PETER-Chapter-3-Vers-13-Holy Bible. Q2 What recommendations do you have to more effectively address your housing needs? I can do all things through Christ who strengthens me. The Epistle of Paul the Apostle to the PH ILI PPIANS-Chapter-4-Verse-13-Holy Bible. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? r,yoU shall love your neighbor as yourself., Verse-10-Love does no harm to a neighbor; therefore love is the fulfillment of the law. The Epistle of Paul the Apostle to the ROMANS-Chapter-13-Verse-10-Holy Bible. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Discernment is mandatory. Q5 What recommendations do you have to change or improve our Rent Determination Policies? Be fair with everyone. Q6 What recommendations do you have to change or improve our Operation and Management? For we walk by faith, not by sight. The Second Epistle of Paul the Apostle to the CORINTH IANS-Chapter-5-Verse-7-Holy Bible. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? Jesus and I have been requesting assistance regarding our books we have written. Our first book, The Sheep and The Goats-16916192629-For I neither received it from man, nor was I taught it, but it came through the revelation of Jesus Christ. The Epistle of Paul the Apostle to the GALATIANS- Chapter-l-Verse-12-Holy Bible. Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? "He who is not with Me is against Me, and he who does not gather with Me scatters abroad. The Gospel According to MATTHEW-Chapter-12-Verse-30- Holy Bible. We are seeking the lost sheep. Shalomflfl Q9 City Council 3-147 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:49 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 How can we improve our progress to fulfill our mission and goals? Seek first the kingdom of God and His righteousness, and all these things shall be added to you. The Gospel According to Matthew-Chapter-6-Verse- 33-Holy Bible. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Blessed are the merciful, For they shall obtain mercy. The Gospel According to MATTHEW-Chapter-5-Verse-7-Holy Bible. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information 1 Trusted City Council 3 — 148 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:49mw oumeymmnkey Analyze Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Edit Delete Export cown�crc coiiaotoc Mobile Link (Web Unk) Started: Thursday, February om'2o2oo:lo:4mAm Last Modified: Thursday, February om.2o2oo:2s:o3 Am Time Spent: oo:lo:om Q1 What are your housing needs and what would you rank myour top three housing needs? rent fair, comfortable place, homes with patios W» What recommendations do you have to more effectively address your housing needs? rent fair, have all the services available, accommodate conditions Qm As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should dom address the housing needs mour community? Everyone have the access to apply without restrictions. Q4 What recommendations do you have mchange orimprove our Eligibility, Selection and Admissions Policies, including 0000noonrruz|onand Waiting List Procedures? Everyone have the opportunity to apply without restrictions. Qe What recommendations do you have to change or improve our Rent Determination Policies? be more flexible with the community. Policies being more basic tothe community Wm What recommendations do you have to change or improve our Operation and Management? be more conscious with the community Wz What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? open tothe community W8 What recommendations do you havmencourage more uss|oted-fum|lies muse our assistance muplatform mobtain ooU' oumo|oncyn people from the community needs more help specialty the elder people to obtain more information. We How can we improve our progress to fulfill our mission and goals? � Be more enrolled and out mthe field with the community to hear the needs City Council 3-149 3/18/2025 2/20/25, 9:49 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? The landlords needs to be more flexible also rents fair. Fix the property. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -in • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted T II_RTIW 7 °I II CUR I.' City Council 3 — 150 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 2/20/25, 9:50 AM Collector: Started: Last Modified Time Spent: I P Address: Page I SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Mobile Link (Web I ink) Tuesday, February 18, 2025 8:58:02 AM Tuesday, February 18, 2025 9:30:09 AM 00:32:06 104.28.85.110 Q1 What are your housing needs and what would you rank as your top three housing needs? My top 3 housing needs I more nonsmoking friendly apartment communities/ buildings 2 more apartments close to shopping centers Make luxury apartments more affordable so that single person like myself will qualify to move in Q2 What recommendations do you have to more effectively address your housing needs? Edit Delete Export Make luxury apartment buildings start out lower for single family one bedrooms have more availability if the rent is above 2500 1 won't qualify because the ones below the cap go extremely fast Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? I'm almost 55 yrs old in 3 years from 2025 I'm interested in non smoking environment too many apartment communities have a non smoking near the buildings but tenants don't follow rules and I have to breathe in second hand smoke from my upstairs apartment above a garage of tenant below I poking forward to relocating to Santa Ana from Fullerton in near future Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? I was homeless for many years my organization I was enrolled in applied for housing back in march of 2021 1 received my housing voucher in 2022 of June but had no luck finding a place I didn't make enough money or I didn't have the assistance through mercy house to help me find a place to live my voucher had expired and I ended up finding myself place in mental hospital for no reason we need better communication between these non profits and their clients when receiving there voucher I could have found apartment more quickly instead of becoming frustrated and allowing it to expire also I know tenants on housing vouchers outside of Santa Ana are forced out with rent increases making them homeless again we need less of that to happen especially for seniors and disabled clients like myself Q5 What recommendations do you have to change or improve our Rent Determination Policies? Give clients more selections by allowing approval of moving into more expensive rent caps if client willing to pay more out of there portion if I make 1500 monthly I can afford to pay up to 500 out of pocket and still live comfortably or the rent is 2800 and my cap is 2475 1 would be more than willing to pay the difference in cost Q6 What recommendations do you have to change or improve our Operation and Management? Have more qualified housing specialist that return phone calls and emails I have reached out many times but get no response back if housing clients can't express there concerns we tend to give up on housing and go back to being homeless orjust renting a room from a complete stranger Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self -Sufficiency Program)? I'm intpr-tPri in inini no thp hn-i no n1in, nrnarAm not rp \NhAt rhAna A rp npPripri At this time City Council 3-151 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvN PBt23jsn LxSEbbFoSQKIICfH Kjmo_3D?view=single Respondent 2/3 2/20/25, 9:50 AM SurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 1 Q8 What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self- sufficiency? Go out advocate to the areas like shelters get people on board while on waiting list or have a voucher but haven't yet found place to live advertise at local apartment commmunities that accept housing vouchers Q9 How can we improve our progress to fulfill our mission and goals? Have better communication skills between housing specialist and there clients and have more affordable apartments that accept housing vouchers so we have opportunity to move into newer not older apartments Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Have landlords upgrade there communities when over 20 plus years where I live right now it's inconvenient for me when taking public transportation it's a 30 minute walk to nearest bus stop if they landlords would make it so lest pest spiders termites bed bugs roaches my patio fence upstairs is rotting do to termite even my wooden floors are also becoming damaged About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt -In • Help • Cookies Notice Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information Trusted T II_RTIW 7 °I II CUR I.' City Council 3 — 152 3/18/2025 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKIICfHKjmo_3D?view=single Respondent 3/3 EXHIBIT 2 Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 PHA Plan Office of Public and Indian Housing Expires 03/31/2024 (HCV Only PHAS) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAS. PHAS that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAS. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Bight Management Assessment Program (SBMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SBMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SBMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SBMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SBMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SBMAP troubled. A. PHA Information. A.1 PHA Name: Housing Authority of the City of Santa Ana PHA Code: CA093 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2025 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 3,142 PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAS must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAS must post PHA Plans, including updates, at the main office or central office of the PHA. PHAS are strongly encouraged to post complete PHA Plans on their official website. ❑ PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAS PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: City Council 3 — 153 3/18/2025 Page 1 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 W Plait Elements. Revision of Existing PHA Plan Elements. BA a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N ❑ ® Statement of Housing Needs and Strategy for Addressing Housing Needs. ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Operation and Management. ❑ ❑ Informal Review and Hearing Procedures. ❑ ® Homeownership Programs. ❑ ® Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. ❑ ® Substantial Deviation. ❑ ❑ Significant Amendment/Modification. (b) If the PHA answered yes for any element, describe the revisions for each element(s): The Housing Choice Voucher Program Administrative Plan will be updated to comply with the Housing Opportunity Through Modernization Act of 2016 (HOTMA) when the PHA implements HOTMA. B.2 New Activities. — Not Applicable City Council 3 — 154 3/18/2025 Page 2 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 B.3 I Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in its 5-Year PHA Plan. Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY. • SAHA utilized 99.2% of our Annual Budget Authority provided by HUD for CY 2024. It would have been 104.6% but SAHA received $2,746,823 in set -aside funds at the end of CY 2024. Objective # 2: Apply for new funding opportunities for additional vouchers. • hi July 2024, SAHA received an award of twenty-five (25) new Foster Youth to Independence vouchers awarded under PIH Notice 2023-04. • hi December 2024, SAHA received $2,746,823 in CY 2024 HAP Set -Aside funds, including $2,366,312 for project -based vouchers and $380,511 for HUD-VASH. Goal # 2: Expand participation in the Family Self -Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. Objective # 1: Expand the number of active participants in the Family Self -Sufficiency Program. • SAHA has 139 active participants in the Family Self -Sufficiency Program as of January 2025. The number of active participants in the Family Self -Sufficiency Program increased by 10 new participants. Specifically, 129 families were enrolled in January 2024 and 139 families were enrolled by January 2025. The number of mandatory slots for SAHA also decreased to 55. hi addition, as of December 2024, the percent of families enrolled over mandatory slots is equal to 253%, and a total of 68% of active participants have an escrow account balance in the program. • SAHA sent a monthly electronic Family Self -Sufficiency Program newsletter to our participants who have provided us with their e-mail addresses. Each newsletter features a Story of Success for a family who is participating in the program. hi addition, SAHA also provided an annual calendar to all of our participants with a Story of Success for each month. Objective # 2: Assist Family Self -Sufficiency Program participants to become self-sufficient and graduate from the program. • During this Fiscal Year, there were two (2) participants who graduated from the Family Self -Sufficiency Program as of January 2025. Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations. Objective # 1: Retain High Performer SEMAP status. • SAHA was certified as a High Performer for FY 23-24. The final SEMAP score for the fiscal year ending 6/30/2024 is 97%. SAHA audited a total of 425 randomly selected files under SEMAP Indicator # 3, even though the minimum sample size required by HUD was only 36 files. This is equal to twelve (12) times the number of files required to be audited by HUD. For SEMAP Indicator # 5, SAHA conducted a total of 50 randomly selected quality control inspections even though the minimum sample size required by HUD was only 35 quality control inspections. Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords. Objective # 1: Communicate on a regular basis with active landlords by providing information on key program updates. • SAHA sent a monthly electronic Landlord Newsletter to our active landlords. Each newsletter provided key program updates and information for landlords. Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program. • SAHA renewed and maintained an active membership with the Orange County Apartment Association. Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants. Objective # 1: Provide an annual mandatory training for all Housing Authority staff. • On August 22, 2024, SAHA held an annual Fair Housing Training for all Housing Division employees. This annual training is required for all employees. Objective # 2: Provide information on fair housing to owners and participants. • SAHA provided information on fair housing to owners and participants. Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. • SAHA provided information on VAWA to all program applicants, participants and landlords. B.4 I Capital Improvements. — Not Applicable City Council 3 — 155 3/18/2025 Page 3 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 B.5 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A ❑ ❑ ❑ (b) If yes, please describe: C; Other Document an&or Certirkatiotl Requirements. ....................................................................................................................................................................... i CA Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) have comments to the PHA Plan? Y N ❑ ❑ (b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. Three Resident Advisory Board meetings were held on February 5, 2025 with 39 HCV participants who receive assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board in English, Spanish and Vietnamese. The 39 members of the Resident Advisory Board provided input for the development of the 5-Year Plan. SAHA also conducted a survey for all of HCV participants. The survey was e-mailed to all active HCV participants who have provided their e-mail address to our staff. A total of 16 responses were received to the survey. Staff analyzes all of the recommendations from the Resident Advisory Board and survey responses by: 1) considering the feasibility of each recommendation; 2) discussing as a team how SAHA could implement each recommendation; and 3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by the Housing Authority. C.2 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of CA any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. (a) Did the public challenge any elements of the Plan? Y N ❑ ❑ If yes, include Challenged Elements. City Council 3 — 156 3/18/2025 Page 4 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 D, Affirmatively Furthering Fair Housing (AFFI . DA Affirmatively Furthering Fair Housing (AFFH). Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housin,- strategies and actions to achieve the -oal Fair Housing Goal: Describe fair housin,- strategies and actions to achieve the -oal Fair Housing Goal: Describe fair housin,- strategies and actions to achieve the -oal City Council 3 — 157 3/18/2025 Page 5 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV-Only PHAs A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section. (24 CFR 6903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant -based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant - based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)). The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR 6903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA's reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) ❑ Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) ❑ Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant -based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) ❑ Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)). ❑ Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) ❑ Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) ❑ Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA's partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA's partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self -Sufficiency Program and others. Include the program's size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5-Year Plan. (24 CFR 6903.7(r)(2)(i)) ❑ Significant Amend ment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5-Year and Annual Plan. If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided City Council 3 — 158 3/18/2025 Page 6 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs. B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR 6903.11(c)(3), 24 CFR §903.7(r)(I )) BA Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR §903.7(p)) C. Other Document and/or Certification Requirements. CA Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)). CA Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. D. Affirmatively Furthering Fair Housing (AFFH). DA Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: "To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' ... PHA Plans (including any plans incorporated therein) .... Strategies and actions must affirmatively further fair housing ...... Use the chart provided to specify each fair housing goal from the PHA's AFH for which the PHA is the responsible program participant —whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction — and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added anew section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality City Council 3 — 159 3/18/2025 Page 7 of 7 form HUD-50075-HCV (03/31/2024) EXHIBIT 2 Certifications of Compliance with U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plan and Related Regulations OMB No. 2577-0226 (Standard, Troubled, HCV-Only, and Expires 3/31/2024 High Performer PHAs) PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year Plan and Annual PHA Plan, hereinafter referred to as "the Plan ", of which this document is apart, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) for the PHA fiscal year beginning July 1, 2025, in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located (24 CFR § 91.2). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments (AI) to Fair Housing Choice, or Assessment of Fair Housing (AFH) when applicable, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan (24 CFR § § 91.2, 91.225, 91.325, and 91.425). 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title 11 of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintains records reflecting these analyses and actions. 8. For PHA Plans that include a policy for site -based waiting lists: • The PHA regularly submits required data to HUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2011-65); City Council Page I of 3 — 160 f6nnHUD-5®/ aQ(TS-HP(3/31/2024) EXHIBIT 2 • The system of site -based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site -based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; and • The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR 903.7(o)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR § 5.105(a)(2), HUD's Equal Access Rule, the PHA will not make a determination of eligibility for housing based on sexual orientation, gender identify, or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD -assisted housing. 11. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 16. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 19. The PHA will comply with the policies, guidelines, and requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance, including but not limited to submitting the assurances required under 24 CFR § § 1.5, 3.115, 8.50, and 107.25 by submitting an SF-424, including the required assurances in SF-424B or D, as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Housing Authority of the City of Santa Ana CA093 PHA Name PHA Number/HA Code 5-Year PHA Plan for Fiscal Years 2025 — 2030 Annual PHA Plan for Fiscal Year 2025 — 2026 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). Michael L. Garcia Signature Mayor Valerie Amezcua Date I Signature Date City Council Page 2 a�- 161 form HUD-5o811-SHP (3/31/2024) EXHIBIT 2 The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. This information is collected to ensure compliance with PHA Plan, Civil Rights, and related laws and regulations including PHA plan elements that have changed. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. City Council Page 3 a�- 162 form HUD-5o8jj-8xr (3/31/2024) EXHIBIT 2 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHAs) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 3/31/2024 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Valerie Amezcua, Mayor for the City of Santa Ana, certify that the 5-Year PHA Plan and Annual PHA Plan of the Housing Authority of the City of Santa Ana (CA093) is consistent with the Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the City of Santa Ana pursuant to 24 CFR Part 91 and 24 CFR § 903.15. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al: The 5-Year PHA Plan and Annual PHA Plan ("Plan") is consistent with the community development needs and market conditions stated in the Consolidated Plan and the Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing because the Plan is consistent with the objectives, outcomes, and needs identified in the Plan Needs Assessments and citizen participation process. It also seeks to address the needs identified in the in the Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing for the City of Santa Ana. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012, 31 U.S.C. 3729, 3802) Title: Mayor Valerie Amezcua I Mayor, City of Santa Ana Signature: I Date: The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Page 1 of 1 form HUD-50077-SL (3/31/2024) City Council 3 — 163 3/18/2025 EXHIBIT 2 ORANGE COUNTY REPORTER SINCE 1921 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 ABIGAIL ALCALA CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County ofORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: PH Notice - 5YR Annual Plan - English 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: 01 /31 /2025 Executed on: 01/31/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature * A 0 0 ®un 1 6 0 0 3 Email This space for filing stamp only OR#: 3890646 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 Santa Ana Housing Authority will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final. Proposed Action: The Housing Authority of the City of Santa Ana will conduct a public hearing to consider the Fiscal Year 2025 - 2030 5-Year Plan and Fiscal Year 2025 — 2026 Annual Plan for the Housing Authority of the City of Santa Ana (CA093). The Housing Authority is required to hold a public hearing to discuss and hear public comments on the 5-Year Plan and Annual Plan prior to submission to the U.S. Department of Housing and Urban Development (HUD). A minimum of a 45-day notice of this public hearing is required by the federal regulations. Pursuant to the Quality Housing and Work Responsibility Act of 1998 (Public Law 105-276), the Housing Authority of the City of Santa Ana is required to prepare a 5-Year Plan and Annual Plan. The 5-Year Plan for Fiscal Year 2025 - 2030 provides details about the Housing Authority's mission, goals, and objectives, and the progress the Housing Authority has made in meeting the goals and objectives described in the Housing Authority's previous 5-Year Plan. The Annual Plan provides details about the Housing Authority's immediate operations, program participants, programs, and services, and the Authority's strategy for handling operational concerns, participants' concerns and needs, and projected programs/services for Fiscal Year 2025 - 2026. The Annual Plan also examines long-range and short-range strategies to address needs as identified by the Resident Advisory Board. Meeting Time and Date — This matter will be heard on Tuesday, March 18, 2025 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 Housing Authority 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 3 - 164 in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday prior to the Council meeting at: www.santa-ana.org/agendas- and-minutes. Who To Contact For Questions - Should you have any questions, please contact Judson Brown, Housing Division Manager, at (714) 667-2241 or you can send an email to jbrown@santa-ana.org. Si tiene preguntas en espanol, favor de llamar al 714-647-6520. Neu can lien lac bang tie-ng Viet, xin dien thoai cho Kristie Ha so (714) 667- 2206. 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 Housing Authority of the City of Santa Ana at, or prior to, the public hearing. Jennifer L. Hall, CMC City Clerk Publish Orange County Reporter - Legals Section Date: January 31, 2025 1/31/25 OR-3890646# 3/18/2025 EXHIBIT 2 915 WILSHIRE BLVD. SUITE $W, LOS ANGELES, CA 90017 Telephone (213) 896-2260 / Fax (213) $916-2236 (2015.5 C.C.P.) State of Callomia I County of LOS ANGELES )ss Notice TYPO: GPN1 - GOVT PUBLIC NOTICE Ad Description: PH Notice - 5YR Annual Plan - Spanish I am a citizen of the United States and a resident of the State of Califomla; 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 LA OPINION, a newspaper published in the English language in the city of LOS ANGELES, county of LOS ANGELES, 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 LOS ANGELES, State of California, Under date 07128/1969, Case No. 950176. That the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper aind not in any supplement thereof on the following dates. to4M: 01131/2025 Executed on: 01/3112025 At LOS ANGELES .CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. CNS#: 3890651 AVISDO JE AU0"CIA USUCA ANTE EL CONCEJO MUNICIPAL DE LA ClUDAD DE SANTA ANA, CA Le Chided do $40% Ana anima at pillilloo a icipar on d proceso, dpoirlo tot do doe La dames el awlso aligulei Pam pumb how pregu= Y comenlarlos, Y rm"tenem bidannaft sabre loo, prairedos us prredan . sor irrrparlaralas Pam uslad. anknamon a que W =U0ton .1. do la Audlei PMi al Hens alauna Wei Autoridad do Vivianda do Santa Ana coletrout una AudWri Pfti pare reCbk testimonies del tornard ruerwas 6�=. ft.w. . La dedsi6n sobre esto a5unto serd definitive. La Autondacl 4 d*Wanda de Is Ciudad deSanta Ana Covert a cabo me audiands p(dilion en ounsiderar of Plan Oumquenai y el Plan Anual del Allo Fisol 20254W26 pans is Aulcoidad do Vyienda do N Chri do Santa Ana Veirienda esd (GA093l, Le Autorided de a reaftar une =a del p6tilloo solife of Plan =u onerY erVes"id Plan do presentarto al Departamenta do Vivirindo Doswrollo Urtwo 04,YIM ES10400 Uncles JmuoLas relltdadones ladendes one do este audienda on un a, minimdr4ridies do ardelad6n, Conftwme a Is L de Viiiiiando do Clod M.Nded taboret (Ley PQbkA =276 le Autoricied do nd= to Ciudad do Santa Ana eift otAIC a lirwarer un Outiquenal y on Plan 8 Plan QUInquSnal do mtebllee sobna to raildidn, =01trogind do to do VMenda, y to 14 =VW= he Aut logrado an el do ks Y diietwas This spate for Ming damp only doi en el Plan 0- anal: Manor do to Auto ad d Vivianda. EJ plan Qui= :��tas operaciones immediaw do la Autoridad do Yhriende, Its, particoantes an Jos pir"romes. be pragrwnas Y senraii Y is 831ratiqla do to Autoddad pare las JM= openrtiva% LIS ieh= do Wy parbCoult- progroriloo or Aflo C. =2=25-29.10Pion Anual tambift examine las astimi a caft Y lar PW- %awlw-ft I. . identillocades par A =10M. Asesar do y 18 de, memo del 202S a las 514 paroads an to r:� 22 arwr%=nla Ana. California 927OZ El =do a untrue a Zoom Pam obteriff la irdrinnaci6n mile actualtzada sabre 06"M pardi Vifluatini on age reurd6n. Vieft MWtVAM.sai ::Zrando"nd- comenteiii ei Si no puede parbi an to roun4n, puade, envier sus comerai Per esi par owoo ekm&ftico a ecrimmard@santii amArg at Comoro du artioulo del orden del d1a an to Ifnea do asunto) o JV 00i =Ione"A L. Hath e MuniciW, Ciudad do Santa Ana, 20 CIVIC Center pli - M30, Santa Ana, CA 92701. La Wre llmft prowtar Gomenb= Per waito es a tas 4.0 E del die do to rouni6n. comentaries redbidoo doi do to fecha Vraft no, "M 5er distitiuitim Auturitiod do Viiiiiiiiiiiiiiiiii per* liorm"n Parts del ionto Sim aii to lit Por finior can Judi =1E Gerente do to Diiiiii a; Vhriorido. al (714) 667- 2241 o panda emar un craffea eleMftico a (town@santa-ani Si dorm on a MP, war do spa T=ads Ramor W4) 61 0. "M " Ilan PC Iiiing a" Wirt. mini On, thiiii Cho =! 14) Si mwugna As obi sobre ashir asunb. puede fimilarfm a 6nAmments "I'a" Ti Guesoofts qua USW u olm persona plentearon on Is audiands p0btkie domrift on osb a,vkm a an coneVandlarmia 680610 a da4o Auftrr*(vd=honto to Ciudad de Santa Are an to 0 can =V%-lb Inksma. Jennifer IL NE1111. CMC seastmia Municipal WIMS CNS%la9osslo LA OPINION —165 3/18/2025 EXHIBIT 2 California Newspaper Service Bureau Public Notice Advertising Since 1934 Tm6NGRAO Tel 1-800-788-7840 Fax 1-800-474-9444 ilf i3u6l TRUNG CAU DAN Y T11100C H'O 6 06NG Local Offices ands Representatives in: THANH PH6 SANTA ANA, CA Los Angeles, Santa Ana, San Diego, Riverside/San Bernardino, h he no ''S' u San Francisco, Oakland, San Jose, Sacramento Wa quAtrinh1aquy4tdlnh.Th6nqbA0 Special Services Available in Phoenix salt dvcc dua rJ do quy vi cd tho dAl call h&, dua y ki4nVb CJPnhAl Mnq tin vi ck duln c6fh6 quan bong d6i vdri quy v! Chung 16i "'Ong quy vi 0 lon lac voi <hOng lditlurd(MiTrung CJu Dan Ynou quy vi (4h6t kycSu h6i nbo, Colo U an Thim Ouy4n NhiS 6 SO 16 chyr DECLARATION mot 111161 111019 (Ju Dan Y do nh4nloiChMgc6ac6ngch6n9vb SO C6 hainh d0lig d6i voi muc du;c n#u dad! day. So c6 quyot dinh CUS Cling V6 VsA do nay. Co Quin Th6m Quyin Nhb (5 Sonia Ana SO lion hAnh mot phlon Inmg cAu dArl y do pen, I am a resident of Los Angeles County, over the age of xot K6 HOSCh him (5) nAm rho eighteen years and not a party to or interested in the NAM Tai Mop 2025 • 2030 va 00i tali 1kh0i 2025.2026 rho Co matter noticed. QuanTh1MQuY4ftNhA6ThAnh PH Santa Ana 9CA093), CO Quin ThSm Quy6n Nho 6 Wqt you cju 16 chik mot IPA Inuing tiu man 9 do thho IUAM YA ling n9he y Won The notice, of which the annexed is a printed copy c6a cling Chung YO KO maich S appeared in, the: NAM vA Ing Mtn notdc khi Of hilth chl"86 Phil Trion Nbi vA NGUOI VIET 06 Thi Moo K9 1HUD), Thong bSo trudc l6i woul 45 n9hy v6 phion trUng CAW Clan y may IS bit buloc the'D quy dinh C63 lion bang On the following dates: MOW then can tudl Phim (hit Nha, 6 vb TrAch hihllm Cong vilc 01/31/2025 n3m 1"S Kong Lu4t V0S-276L CoQuin Thim, Quyon Nha 6 Thinh PIS6 Santa Ana dt1qC you CAW chuln bi Ki Hoach cho S I certify (or declare) under penalty of perjury that the Nam va m6f nsm, foregoing its true and correct. K# Notich n1in (5) NAM, 2025 2030, sung cap chi b6t v4 nilem V4, muc 011 VS Mut dich cOa Co Quin ThAlm CUYOrl Niiii 6, v3 Vin tdAh CO Quin ThSm Ouy4n NhA 0 Dated at Los Angeles, California, this do 601 dt(OC ftOng vik thyc hito CAC mac lidu VA myc Bich duos 7th day of February 2025 M6 th bong K6 ljoach SAM (5) him ntitc d4 cOa CCY Quin thim QuY#A Nh4 1J, Con K# boa ch as Hong NAM Lung cap chi riot yo (Ac hoot long ilk m Cia Co Quan ThAm Quy#n Nhb 0, ninfing 1190 thaw, gia chdong tdnh, cic (thing flinfir Yb dich vy va chitin foc c4a Cociian do gill dip CA( m6i quan lam vO boat 0% m4i quan tam YA nhu clu t6a, rigunm thamgia vAckchkrongtOnlVdich v9dUCS: * WhoachchoNam Ilai Xh6a 202S - 2016. K61400chHang DEBBIE YiERKES NAM rung Kfm Kit CAc chitin Mc dAl ban Vh ngAn ban do g4f quy6t Signature CAC nhu clu duetx4c dinh b6i Ban UVIncuuu, MCGtan va NoAv Hgji .. Vin do nay So 4100C Iftilig CAW f Clan va") 5 91630 chlOuThOU ngby It thing 3,201 Sholclogaysou 389,0649 01 V14 60 duloc long inghe jai PhAng HN 06ng Thanh Ph6,12 "The only public; Notice whiCh IS JuStirlable Civic Center Plaza, Santa Ana, CA from the standpoint of true economy and the public interest, 9270. Cling ChOng C6 1146 tham is that which reaches those who are affected by it" du culic hop nay hVC hop h*4c qua 20orn, 06 Not thong tin mdi nhSt vii cAch them gia cuoc hop INC tuyfn nay, vui long truy cap hhPSJ/www,santa-anaorg/ agendas -anct,minutesi FlIN-talleWn RUN, poll III I 11131 U U111111 11111111111111 1111 CounikiP 0 0 0 0 7 0 2 1 2 11 1 *3-166 n riotCity bang wan ban qua email don /18/2025 ecommenl@santal-ana4ri; (ghi f0efence the Agenda item i trong myc tifu do) hay gut thij DEBBIE YERKES Signature 3890649 'The only Public Notice which is justifiable from the standpoint of true economy and the public interest, is that which reaches those who are affected by it" mot quan tam vil, hoal dbng, m& quart tam vA nhu clu (6A rigua tharnglavi<AcchiLlung idnh/dich YY dd0c On k4hoxhcho NAmTbj Kh6a 2025 - 2026, M Hoilich Hang N3M tong item x4t chc chilfo h(9c dAl hark wh ngAin W d4 9fill girrol cat nhu cSu duOt )rk cfinh M 6anC6Wan Cqrn;, RIMA4B.AfttLft Vin di! ASY sk 01114c " du 7l clan V10 5 sUr 30 chwu The Bald noy 10 thing 3, 202 Sho4c n9ay ia. kill An df dvoc Illing righe tal Ph6n9 HO Ddirig Thlinh Phil, 22 Civic Center Plaza, Santa Aina, (A 9270. Cling chting c6 thif tharn dtr -0c h9p nay hat filip Milt qua Zoom, W Ut thing tin mdi nhift vi cAch tharn gia cluot hop t1VC tUYM nay,, vui 16ng truy CJP httPWAvww,santa-an&orqj agendas -and -minutes/ Nun L4tA1B%-1k-WL144U quJi in kh6ng IN tharn gia cu0c h9p. qui v) C4 thi! 90 nh4n x4t bgng van bAn qua email don eCOnment@santa-ana.org (9hi reference the Agenda item # Irting mqc Mu d61 bay go thu dA Jennifer L Hall, QV Clek Cily Of Santa Ana, 20 Ciwc Center Plaza - M30. Santa Arm, CA 92701. Han ch6t dg go nh4n x& blq vAn ban Ili 4 BIN thk4u VA* n9by On ra, cu0c hop, I k14n nh4n &;at sau thoi ban c6 IhO "g thicic go cho Co quan Th$m Quyk N hA a nhung fhdour due via h6sa Wbiml - Tst tick boo coo c6a nhAninprilion quan din b6t k� myc nAci hrong clitiong Mob nghi sr nSy 44u c6 sAn z14 ktim tra cling khai Jai V3n Phbr,9 Luc SV ThAnh Ph6 trorig 916 IAM vifc thdMg If vii dvqc d&ng tirk trang web cia Thlinh Ph6 vJQ 1110 Ba Wort cuoc hop Hiij 06ng tai: wwwsanta-ana. org/ageridih-and-rndnutes. N& 0 CAR MbLIM-CAA w Let Ali Neu W9 0 to 0 lly Mir hill narn, xin vui long 14n at Judson Brown, OuA,n L* Ban ghb tP, qua s6 (7141667-2241 lo;c q09 vj cii thil go email t6i browniiasant.-an"19. Mu CA IiM lac: bring Ong Vol, �in diOn thriall rho Kristie Ha sil 7141667-2206. ifu 0114 A Phil," dZi juy9t 61oh 4 Yin dt Irk qu9 vi cti thi bi an 66 chi n#u ra nh(ing VIM 4 rob qu9 vi ho4c 09061 kh$c a nfu ra tal bu6i tnmg clu dAn dVot n6i don hang thing bho by, boat: Wng van bin go tib JoUanThIm Quy4n W Oc6a, Onh Ph6 Santa Ana fair, ho3c v6c pNdn dOu flan cling khai. nnifer L. Hall, CMC Nan Vi#n Wri Ph6ng Thlinh Ph6 iriq b6 Orange County porter - Legats Section )Ay: Ngky 31 thIng 1, 202'5 11/25 IS-38906494 WOMET EXHIBIT 2 City Council 3-167 3/18/2025 EXHIBIT 2 Santa Ana Housing Authority Five -Year Plan The Housing Authority of the City of Santa Ana is preparing our Five -Year Plan for FY 2025-2030 to submit to the U.S. Department of Housing and Urban Development. Housing Choice Voucher Program participants are invited to attend a Resident Advisory Board Meeting and complete a brief survey (see QR Code or link below) to assist and make recommendations regarding the development of the Five -Year Plan. Resident Advisory Board Meetings Date: Wednesday, February 5th, 2025 Time: 2:OOPM 3:OOPM Location: Santa Ana Housing Authority 20 Civic Center Plaza Santa Ana, CA 92701 IF YOU WOULD LIKE TO PARTICIPATE ►N THIS MEETING, PLEASE RSVP BY CALLING (714) 667-2269_ THIS MEETING W►LL BEIN-PERSON. It + "T"w"T"'17117Tr , I. 771'"M Iol 0 ■ 0 U City Council 3 — 168 3/18/2025 EXHIBIT 2 Reuniones del Consejo Asesor de Residentes Fecha: mi rcoles, 5 de febrero del 2025 Hora: 2:00PM a 3:00PM Lugar: Autoridad de Vivienda de Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ¡Tome una encuesta! Escanee el Código QR a la derecha o visite: www.surveymonkey.com/r/ PFN7VLS EXHIBIT 2 C Quan Qun Lý Nhà Santa Ana K Hoch 5 Nm C Quan Qu n Lý Nhà Thành Ph Santa Ana ang chu n b nm (5) nm ti chnh K Hoch Hàng 2025-2030 trình lên B Phát Tri n Nh v ô Th Hoa K. Nh ng ngi tham gia Chng trình Phi u Chn Nhà c mi tham d Cuc Hp ca Ban C V n C Dân và/hoc hoàn thành mt cuc kho sát ngn (xem Mã QR hoc liên k t bên di) h tr v a ra cc ngh liên quan n vic phát trin K Hoch 5 Nm. Các Cuc Hp ca Ban C V n C Dân Ngày:Th T, ngày 5 tháng 2, 2025 Gi:2:00 chiu — 3:00 chiu a i m: C Quan Qu n Lý Nhà Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 NU QUÝ V MUN THAM GIA CUC HP NÀY, XIN VUI LÒNG TR LI BNG CÁCH GI S (714) 667-2229. ÂY S LÀ MT CUC HP TRC TIP Tham Gia Kho Sát ! Xin hãy quét mã QR bên phi hoc truy cp: www.surveymonkey.com/r/PFN7VLS EXHIBIT 2 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza P.O. Box ! Santa Ana, California 92702 (714) 667" www.santa"ana.org Resident Advisory Board Meeting Agenda February 5, 2025 I.Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board ! "#$ %&'()'* III. Explanation of the Housing 5-Year Plan ! "#$ %&'('* IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: ! "#$ %&'()+* Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? 2. What recommendations do you have to more effectively address your housing needs? EXHIBIT 2 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? Family Self-Sufficiency 7. What recommendations do you have to change or improve our Family Self"Sufficiency Program? EXHIBIT 2 8. What recommendations do you have to encourage and motivate more assisted"families to join our Family Self"Sufficiency Program? Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? EXHIBIT 2 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza P.O. Box ! Santa Ana, California 92702 (714) 667" www.santa"ana.org Orden del día de la Reunión del Consejo Asesor de Residentes 5 de febrero del 2025 I.Bienvenida y presentaciones II. Explicación del propósito y la función del Consejo Asesor de Residentes ! "#$ %&'()'* III. Explicación del Plan Quinquenal 2025-2030 de la Autoridad de Vivienda ! "#$ %&'('* IV. Explicación de la actualización del plan administrativo del Programa de Vales de Elección de Vivienda y su relación con el Plan Quinquenal 2025-2030 Recomendaciones del Consejo Asesor de Residentes sobre los artículos del Plan Quinquenal 2025-2030 de la Autoridad de Vivienda de Santa Ana: ! "#$ %&'(+* Necesidades de vivienda y estrategia para abordar las necesidades de vivienda 1. ¿Cuáles son sus necesidades de vivienda y cuáles calificaría como sus tres necesidades de vivienda principales? 2. ¿Qué recomendaciones tiene para abordar con mayor eficacia sus necesidades de vivienda? EXHIBIT 2 3. Como el mayor proveedor de ayuda a la vivienda de nuestra comunidad, ¿qué cree que debería hacer SAHA para abordar las necesidades de vivienda de nuestra comunidad? Elegibilidad, selección y admisiones 4. ¿Qué recomendaciones tiene para cambiar o mejorar nuestras normas de elegibilidad, selección y admisiones, incluidos los procedimientos de desconcentración y de listas de espera? Determinación de renta 5. ¿Qué recomendaciones tiene para cambiar o mejorar nuestras normas de determinación de la renta? Operación y gestión 6. ¿Qué recomendaciones tiene para cambiar o mejorar nuestra operación y gestión? Autosuficiencia familiar 7. ¿Qué recomendaciones tiene para cambiar o mejorar nuestro programa de autosuficiencia familiar? EXHIBIT 2 8. ¿Qué recomendaciones tiene para animar y motivar a más familias asistidas a unirse a nuestro programa de autosuficiencia familiar? Progreso para cumplir nuestra misión 9. ¿Cómo podemos mejorar nuestro progreso para cumplir nuestra misión y apoyar mejor sus necesidades de vivienda? 10.¿Tiene alguna otra recomendación para mejorar nuestro programa y nuestros servicios para usted, nuestros arrendadores y nuestra comunidad? EXHIBIT 2 THÀNH SANTA ANA QUYN NHÀ SANTA ANA 20 Civic Center Plaza P.O. Box 22030 Santa Ana, California 92702 (714) 667 !! www.santa ana.org Trình Ban Vn C Trú Ngày tháng 2, 202 Chào và Gii thích v ! và Ban C Vn C Trú ! "#$ %&'()'* Gii thích v " C Quan Quyn Nhà ! "#$ %&'('* IV. Gii Thích v #p Nht K Hành Chánh Trình La Nhà và nó Liên Quan n K Nào Ban C Vn C Trú v các trong K C Quan Quyn Nhà Santa Ana: ! "#$ %&'(+* Nhu Nhà và Sách Quyt Nhu Nhà !"# $# %"& $' (#) * +& ,- *& "./ $"0 123 1' %"# $# %"& hàng # $' (#) *4 5 6#) * $7 %"ng %," gì ,22 (#/3 "2# (# nhu c# %"& $' 8-%"4 9 :& %"& $#%, $; <$" * " 3= %"& +% %"3 3=0%, $ %, $' $">%, 3'? 3"@0 (#) *? SAHA nên làm gì ,22 (#/3 %"# $# %"& 3=0%, $ng %, $' $">%, 3'4 EXHIBIT 2 Tính la và chp A 6#) * $7 %"ng %," nào thay 2 "'/ $2 3"2% $B$ $"C%" DB$" * tính # E2%? +' $"% *& $"; %"% $' $">%, 3F2? 1'0 ,8 $B$ 3" 3$ ;"G% (#/% *& <'%" DB$" $"4 Xác Thuê Nhà H 6#) * có %," gì thay 2 "'/ $2 3"2% $"C%" DB$" IB$ %" 32% 3"#J %"& $' $">%, 3F24 Hành và Lý K 6#) * có %," gì thay 2 "'/ $2 3"2% *2 c # L&%" *& 6#% :) $' $">%, 3F24 Gia Lc (Family Self$Sufficiency) M 6#) * $7 %"ng %," gì thay 2 "'/ $2 3"2% Trình Gia T :$ $' $">%, 3F24 EXHIBIT 2 N 6#) * $7 %"ng %," gì E"#/n khích và thúc / 3"J8 %"2 u gia $ " 3= tham gia Trình Gia T :$ $' $">%, 3F24 Trình Hoàn Thành S ! Chúng Tôi O :&8 3" %&0 $">%, 3F2 $7 3" $2 3"2% 32% 3=-%" $a mình "0&% 3"&%" D 8%" $' 8-%" *& " 3= 3 t nhu c# %"& $' (#) *4 P 6#) * có %," nào khác $2 3"2 n trình và $" * $' $">%, 3F2 $"0 (#) *? $" %"& *& $ %, $' $">%, 3' E"F%,4 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 English Session Staff Notes CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 5, 2025 I.Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: (24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? -Affordability, accessibility and safety -New Developments with improvements for disabled & impaired individuals -Appliance upgrades: counter tops, buttons, brail, blinker lights, etc.. -Buildings that are all ADA accessible - Senior Complexes with walk in showers, slip resistant 2. What recommendations do you have to more effectively address your housing needs? -Better communication: no one answers phone, no email reply -Frustration with calling endless agency list -Requesting board be formed OR suggestion box, to provide feedback to housing authority -More collaboration/ options on accessibility, quality, safety, affordable housing options -More compassion from staff & open minded - Increase occupancy standards EXHIBIT 2 -More in person appointments & meetings 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? - !"#$%# $&&'"($)*# +',%- . Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentrating and waiting list procedures? -Fair eligibility procedures, agree with prioritizing live/work preference Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? -More details regarding 40% calculation -Lower 40% of income towards rent requirement Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? -Better communication & friendlier staff -In person appointments -Different formation options for submitting Rx Packet (via online portal) -Staff does not answer phone or return calls Family Self-Sufficiency 7. What recommendations do you have to change or improve our Family Self-Sufficiency Program? - Clear communication of program specifics. - What are the benefits of the program, how will joining affect my participation in housing. - Provide more resources in the newsletter. 8. What recommendations do you have to encourage and motivate more assisted-families to join our Family Self-Sufficiency Program? -Better presentation explaining incentives and providing examples EXHIBIT 2 Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? -More information meetings, quarterly & zoom options 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? - Enhanced communication - More resources, published on website - Rental database ‘slumlords’ list - Better voucher briefing – coaching for first time apartment searching EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 Spanish session translated by Monique Lorenzana and Vivian Lopez. Consideration to the payment of each table I have 2 years We are really well EXHIBIT 2 Consider low income housing I liked the low income that I had before the rent The rent is fine Nothing I am glad for the program's support EXHIBIT 2 I really like how much they help people Everything is really well, thank you for the help Thank you for the help that you give EXHIBIT 2 We are fine for the bedroom or the apartment which is spacious and there no problems. EXHIBIT 2 For me everything is fine, clear, and easy. For me everything is fine Everything is fine I like the program it is really good EXHIBIT 2 I feel very good where I live, it's very quiet, there are no problems, it's a very clean place. None EXHIBIT 2 For me the waiting list was not so difficult, I had the opportunity and luck in a few years. they last long and I waited for them but mine was soon 3 years. And I feel happy and grateful. In my opinion everything is fine on my income and as you have your rules. For me everything is very well I like the program, it is very interesting EXHIBIT 2 Yes, it was excellent, I am very happy with all the services and the rules. I feel very happy and grateful for this help and with the apartment I am in. Yes, we should have more meetings like this one so people can come and get together EXHIBIT 2 Yes, we agree or like the privacy (We are fine) we are fine EXHIBIT 2 The answers are consolidated from the Vietnamese’s resident advisory board meeting group. Translated by Katie Ho. CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 5, 2025 I.Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing 5-Year Plan (24 CFR 903.3) IV. Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the 5-Year Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority 5-Year Plan: (24 CFR 903.17) Housing Needs and Strategy for Addressing Housing Needs 1. What are your housing needs and what would you rank as your top three housing needs? - A safe living environment -A location that is within walking distance to public transportations, market, Vietnamese community -A home that has all the necessary appliances, a community that provides a variety of amenities 2. What recommendations do you have to more effectively address your housing needs? -Higher rental assistance payment and/or higher utility allowance & payment standard - Have more newly constructed, affordable buildings for elderly & disabled participants in the city -Increase enforcement on rent stabilization measures to ensure rent are reasonable & affordable -No comments. We are satisfied with the current assistance provided by SAHA EXHIBIT 2 3. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? -Increasing the availability of subsidized units for low-income, elderly, disabled participants -Putting a stop or cap on rent increases -Offering more accessible programs to receive financial assistance for first-time homebuyers -Reducing the housing assistance waiting list period & lower the qualification standards for eligibility Eligibility, Selection, and Admissions 4. What recommendations do you have to change or improve our eligibility, selection, and admissions policies, including deconcentration and waiting list procedures? -Streamlining the application process because the waiting list period is too long. -Increasing the unit searching period due to the housing market’s limited availability. Rent Determination 5. What recommendations do you have to change or improve our rent determination policies? -Increase the payment standard amount -Increase subsidized amount -Ensure that participants pay an affordable & fair portion towards housing costs -The inspection approval process should be shortened and simplified. Operation and Management 6. What recommendations do you have to change or improve our Operation and Management? -Offer more attractive incentives for the landlord to participate in the program -Have a fund to assist with the unit’s annual maintenance to ensure safe & sanitary living space. -No change- We are happy with the operation and management of SAHA Family Self-Sufficiency 7. What recommendations do you have to change or improve our Family Self-Sufficiency Program? -Assisting with additional fund for those who are able to purchase a home(mobile home for example) EXHIBIT 2 -Expanding services offering, such as, savings programs for elderly participants 8. What recommendations do you have to encourage and motivate more assisted-families to join our Family Self-Sufficiency Program? - Catering the program so that it’s approachable for the elderly participants as well Progress to Fulfill Our Mission 9. How can we improve our progress to fulfill our mission and better support your housing needs? -Expand the live/work reference to the adjacent cities. -Increase on the rental assistance payment or payment standard -Focus more on new community developments for seniors. 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? -Getting in contact with the assigned housing specialist could be difficult sometimes -Increase on monthly rental assistance payment -Assist with security deposit -Increase landlord’s participation in the program EXHIBIT 2 Responses from Vietnamese Session. EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 2/20/25, 9:43 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Saturday, January 25, 2025 1:48:35 PM Started: Last Modied:Saturday, January 25, 2025 1:57:01 PM Time Spent:00:08:26 76.246.229.9 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Aordable rent places that accept housing and nice place to live Q2 What recommendations do you have to more eectively address your housing needs? Aordable rent Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Help more people Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Keep people updated Q5 What recommendations do you have to change or improve our Rent Determination Policies? Help people even if they don't have money Q6 What recommendations do you have to change or improve our Operation and Management? None Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? None Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Help with looking for jobs Q9 How can we improve our progress to fulll our mission and goals? More things to help people https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:43 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No I dont About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:44 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Sunday, January 26, 2025 11:24:03 AM Started: Last Modied:Sunday, January 26, 2025 12:00:50 PM Time Spent:00:36:47 104.28.85.111 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? 1.- hacer mas viviendas para ancianos. 2.- considerar las aplicaciones de retirados. Q2 What recommendations do you have to more eectively address your housing needs? Todo está trabajando bien. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Pedir mas ayuda al gobierno federal para michas familias quenecesitan vivienda Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Proveer mas vivienda para tantas familias, ancianos y especialmente retirados que no les alcanza el pago de retiro Q5 What recommendations do you have to change or improve our Rent Determination Policies? Esta bien que todos nos responsabilisemos, hasta donde es posible con lo que nos toca aportar. Q6 What recommendations do you have to change or improve our Operation and Management? Todo está bien Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? Ninguna, el que puede estudiar, para mejorar, es bueno que lo haga. Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Ninguna Q9 How can we improve our progress to fulll our mission and goals? Pedir mas ayuda en el gobierno federal https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:44 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Ninguna, solo agradecemos a Dios por su servicios y ayuda. Dios les bendiga. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:44 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Sunday, January 26, 2025 1:30:55 PM Started: Last Modied:Sunday, January 26, 2025 2:11:58 PM Time Spent:00:41:02 76.175.164.60 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Providing training on how to self-advocate, along with a more thorough and in-depth understanding of how the voucher program works, would greatly benet clients. This should include details on the yearly review process, how approvals or denials are determined, and the steps to appeal in case of a denial. These topics could be developed into online training videos that are reviewed and updated annually to address commonly asked questions, ensuring clients have access to accurate and up-to-date information. Q2 What recommendations do you have to more eectively address your housing needs? Providing training on how to initiate the portability process and oering a basic understanding of the funds needed to budget for a move would be invaluable. This knowledge would empower clients to plan eectively and make informed decisions, reducing stress and ensuring a smoother transition during the relocation process. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? To alleviate some of the stress recipients feel due to time limitations in nding housing once a voucher is awarded, it would be benecial to inform clients about city and county programs that assist with transitional housing. If this is not immediately seen as a need, it should be seriously considered to help clients make informed decisions when choosing a place, ultimately aiding in the maintenance of stable housing. Additionally, making more specialists available to answer questions in real time would address the current delays caused by heavy caseloads. Alternatively, posting commonly asked questions online for clients to refer to could also help ensure they receive timely information. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Extending voucher expiration dates to a more reasonable period of time would provide clients with the opportunity to secure suitable housing options that best meet their needs. This adjustment would help reduce the pressure of tight deadlines and increase the likelihood of clients being able to retain their vouchers and make informed housing decisions. Q5 What recommendations do you have to change or improve our Rent Determination Policies? Rent determination should be based on the client's net pay rather than their gross income. This approach would more accurately reect their actual take-home pay, ensuring that housing costs are aordable and aligned with their nancial reality. Q6 What recommendations do you have to change or improve our Operation and Management? N/a Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? N/a Q8 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:44 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Providing assisted families with access to job resources, higher education certicate programs, and skill-building workshops is crucial for empowering them to increase their earning potential. These opportunities not only foster self-suciency but also motivate individuals to achieve greater nancial stability and independence, ultimately enabling them to grow out of the program and take on the nancial obligations on their own. Q9 How can we improve our progress to fulll our mission and goals? By listening and considering how recipients' feedback is directly impacted by their access to housing, basic necessities, and community resources. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? N/a About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:45 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, January 27, 2025 5:53:25 AM Started: Last Modied:Monday, January 27, 2025 6:38:41 AM Time Spent:00:45:15 74.213.254.102 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? At this time 1)re-enroll in the mercy house program. 2)to complete in entirety the cards given for furniture and household goods. 3)would like to be justied for small infractions at my apt.because(and I know this is no excuse)of acquaintances that show up at my door because they have no place to go.thank you Q2 What recommendations do you have to more eectively address your housing needs? Mercy house and I need to keep in touch more during the month and year round.im saying this to clarify an issue,people show up at my door whom I haven't invited over and few are mentally questionable and they can't reason, and have been caught in our dumpsters looking for valuables.i can say this that I(being of sound mind) have not agreed that they can go thru anything at my apartment.im trying to better myself with this new chance at life and become a model tenant and citizen at this 2nd chance of changing my life for the better.thank you Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? It would help if we could keep in contact more often Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? If the clients can do it,they should be looking for housing units themselves so the weight isn't solely on the caseworker. Q5 What recommendations do you have to change or improve our Rent Determination Policies? My SSI and SSDI have lowered because the state says I'm making more income and the only money I've earned is thru SSI AND SSDI.i haven't had extra income in past 2 years and the rent keeps going up here at my aprtments Q6 What recommendations do you have to change or improve our Operation and Management? This question may be a hit and miss since I don't really know the policies of OPERATION AND MANAGEMENT but maybe a monthly questionnaire to see how we ourselves are coping with our new responsibilities and that may help SAHA with their decision making Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? I don't really think this pertains to me since I'm living single but maybe I could be some kind of counsel to family groups since I did grow up in a family which does have respect and morals Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:45 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 If it's me I usually tell them that your franchise is there to help us in any problems which may come up.To sum this up they shouldn't feel awkward or afraid to talk to a representative because they think the matter will escalate Q9 How can we improve our progress to fulll our mission and goals? Ok.....I have had a couple of rite ups (and I know I'm not perfect) but I haven't been the reason for these rite ups because of the acquaintances that show at my door but I would like for you to address the issue and talk with me about the matter ,and I am bettering myself in this program,please call to set up an appt.i love my new life and don't want to be evicted because of the kind of people I happen to know Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? I don't want to sound like king of the castle but if you could be more open minded about the issues that arise because of someone else creating the travisty.thank you very much.DANIEL PARRA/949-613-1262. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:45 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, January 27, 2025 7:49:57 AM Started: Last Modied:Monday, January 27, 2025 7:57:08 AM Time Spent:00:07:11 174.251.164.169 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Having my above neighbor to stop smoking Q2 What recommendations do you have to more eectively address your housing needs? Curfew from 9:00 to 7:00 in the morning Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Heavy more security than that what we have not having them sitting in their car all the time watching TV or listening on their phone Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? I don't care about that Q5 What recommendations do you have to change or improve our Rent Determination Policies? I don't know and I hope I'm not one of them lol Q6 What recommendations do you have to change or improve our Operation and Management? Management is okay Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? Stop giving me notes on my door saying I did not pay rent which I did Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Please no children or babies on our campus Q9 How can we improve our progress to fulll our mission and goals? Heavy dress code they all look like gangsters and a better hygiene https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:45 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Just tighten up the security About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, January 27, 2025 2:32:56 PM Started: Last Modied:Monday, January 27, 2025 2:57:25 PM Time Spent:00:24:29 77.111.246.45 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? The City should ask the voucher recipients if they are happy or having any problems in the place they're living Q2 What recommendations do you have to more eectively address your housing needs? To check on the voucher recipients once a month if everything is going well with safety and if they feel comfortable Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? To have more workers to visiting the voucher recipients for any needs Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? The waiting list should have less restrictions and less time for the waitings Q5 What recommendations do you have to change or improve our Rent Determination Policies? No suggestion Q6 What recommendations do you have to change or improve our Operation and Management? No suggestions Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? The City should work closely with all housing program personnel Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Some people are scared to apply for housing because of the time it takes to get in the program means the waiting list it takes too long Q9 How can we improve our progress to fulll our mission and goals? Work all together fast and accuracy https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? The City should work more closely with landlords and the community for the safety of the tenant About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, January 27, 2025 2:51:03 PM Started: Last Modied:Monday, January 27, 2025 4:09:53 PM Time Spent:01:18:49 75.27.244.148 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Landlords transparency with hud tenants and double check by Housing. 2. Rent increase every year to tenants and added unexplain charges 3. Why yearly, 2yrs re-examinations with clients before fair housing is need??? Q2 What recommendations do you have to more eectively address your housing needs? What my answer to 1st question 3rd answered, to keep landlords from using the rights to use the rules of tenants and landlords for their on gain and not reexamine yearly-2 also Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? That's somewhat hard to say I had domestic violence,disabled. Single person no kids steady worker but homeless do not have chance to be housed and rebuild their life also. There's alot out there. But I believe you're doing good work. Thank you Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? To help singles no children with steady income or job opportunities to receive housing maybe do not need change??? Q5 What recommendations do you have to change or improve our Rent Determination Policies? Changing the rent yearly instead of 2 year period if can make it that far and 6 months of bank statements??? Q6 What recommendations do you have to change or improve our Operation and Management? Who really can say? What are you able to do in operation and management,hands on with each and client case manager dierent then housing specialist to keep Landlord's from not giving tenant's any changes made to move-in,lease from and lease to dates and why before changes made??? Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? I don't know I have yet to enroll in this program? Hopefully I will be able to participate with the oer Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? I tell people all the time when asked about it, I say everyone's situation is dierent and even you hear waiting list long is to go anyway sign up or talk to case manager for assistance Q9 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 How can we improve our progress to fulll our mission and goals? I don't know what progress for all the above but to listen to familiar complaints and go accordingly. Thank you Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No recommendations that I have already express already keep up your services for me,your landlords our community. Thank you About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Tuesday, January 28, 2025 4:56:00 PM Started: Last Modied:Tuesday, January 28, 2025 5:03:59 PM Time Spent:00:07:58 45.49.178.24 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Food , furniture, utilities help Q2 What recommendations do you have to more eectively address your housing needs? Nothing my case manager is excellent Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? 5. **Resident services 6. **Advocacy and Policy**: 7. **Public Engagement Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Less time Q5 What recommendations do you have to change or improve our Rent Determination Policies? Idk Q6 What recommendations do you have to change or improve our Operation and Management? Nothing Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? Nothing. Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Nothing Q9 How can we improve our progress to fulll our mission and goals? https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:46 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 ’t know Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? No About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Wednesday, January 29, 2025 10:01:54 AM Started: Last Modied:Wednesday, January 29, 2025 10:08:54 AM Time Spent:00:06:59 76.33.73.114 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Food, money(bills), and cleaning supplies. Q2 What recommendations do you have to more eectively address your housing needs? List if food banks and groups that are willing to help with the house bills. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? N/A Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? N/A Q5 What recommendations do you have to change or improve our Rent Determination Policies? N/A Q6 What recommendations do you have to change or improve our Operation and Management? N/A Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? N/A Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? N/A Q9 How can we improve our progress to fulll our mission and goals? N/A https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? N/A About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Thursday, January 30, 2025 5:26:37 PM Started: Last Modied:Thursday, January 30, 2025 5:42:28 PM Time Spent:00:15:50 76.32.69.197 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Eciency, safety, fair housing Q2 What recommendations do you have to more eectively address your housing needs? Proper training to really facilitate the people in need. Listening skill, PROBLEM SOLVERS. One size does not t ALL Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Provide incentives to corporations for participating in the program, Tier Tax Benets based on how many units they allow. Eminent Domain on dope motels and the city can have its own real estate department as new housing developments using green materials renewable energy based technology Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Elderly, women with children, veterans Q5 What recommendations do you have to change or improve our Rent Determination Policies? Cost analysis on rent rates based on the gdp, cost of living, tax incentives for renters becoming buyers, more grants based on usages Q6 What recommendations do you have to change or improve our Operation and Management? Better communication more ACCOUNTABILITY, being more educated in the position employees hold. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? Need to read more about the program Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Become more visible they free medias, to the target demographic with multiple cross campaigns Q9 How can we improve our progress to fulll our mission and goals? Do your job, be better leader ship. Training, critical thinkers https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Treat people with RESPECT AND COURTESY. Be if SERVICE and not Attitude About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, February 03, 2025 5:49:13 PM Started: Last Modied:Monday, February 03, 2025 6:05:07 PM Time Spent:00:15:53 172.58.118.203 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? Aordable Housing for people with chronic illness. 1) Aordable 2) Safe Environment 3) Empathetic Housing Workers Q2 What recommendations do you have to more eectively address your housing needs? Meet with housing worker in-person to discuss and go over documents Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? More housing workers’ who are accesible in-person and more workshops to go over forms Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Include more communities for only people with disabilities and chronic illness that include exercise facilities and rst oor only Q5 What recommendations do you have to change or improve our Rent Determination Policies? Increase amount of rent so that we can choose to live in safer communities especially for the elderly and disabled/chronic ill Q6 What recommendations do you have to change or improve our Operation and Management? Workers’ who can meet in-person and are empathetic, caring and will listen to our needs Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? ’t Know Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? ’t Know Q9 How can we improve our progress to fulll our mission and goals? More workshops and in-person meetings https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:47 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Employ more workers’ who are empathetic, caring, respond to calls/emails in a timely manner and conduct in-person meetings! About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:48 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Monday, February 03, 2025 10:33:50 PM Started: Last Modied:Monday, February 03, 2025 10:41:29 PM Time Spent:00:07:38 174.243.147.206 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? 1. More assistance with electrical bills/costs. 2. More living area options, other cities ect.. 3. More assistance with personal products and necessities, ie. Toilet paper, garbage bags. Q2 What recommendations do you have to more eectively address your housing needs? I personally don't have any ideas, I wish I had more input for you. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? People that are homeless currently and are waiting to be housed, they should have classes to teach them how to clean how to get back into mainstream society. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? The people that don't want to make an eort shouldn't even be on a list the shelters are lled with elderly people that need to be housed! Q5 What recommendations do you have to change or improve our Rent Determination Policies? Elderly women should be housed rst since they suer the most as do handicap people mentally and physically people like that should be housed rst. Q6 What recommendations do you have to change or improve our Operation and Management? I feel that there's always room for improvement but as of now I've been very happy with operation and management everything goes by very quickly and as long as I keep things up on my end it goes very smoothly. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? I don't have anything to oer because that's not a program I have any interaction with. Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? I think your programs are very are very good. Q9 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:48 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 How can we improve our progress to fulll our mission and goals? Well seems like you started out pretty well as long as people maintain their residents I think your numbers will be perfect. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? I've been extremely appreciative of the services you have provided and have really no complaints! I'm just happy I'm not homeless anymore! About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:48 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Tuesday, February 04, 2025 7:25:59 PM Started: Last Modied:Tuesday, February 04, 2025 7:33:43 PM Time Spent:00:07:44 76.170.23.114 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? I already have an apartment. Q2 What recommendations do you have to more eectively address your housing needs? Better pest control and more responsive maintenance Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Keep doing what you are doing Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Ensure U.S. citizens have priority and that prospective tenants don't have a history of being loud and destructive Q5 What recommendations do you have to change or improve our Rent Determination Policies? They're ne, but I wish there was less paperwork Q6 What recommendations do you have to change or improve our Operation and Management? More responsive management to problem tenants. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? It's ne as is. Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Make them more aware of the program's existence Q9 How can we improve our progress to fulll our mission and goals? Focus on doing your best to ensure eligible people get into the program. https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:48 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? More social opportunities relevant to residents. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:49 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Wednesday, February 05, 2025 2:16:17 PM Started: Last Modied:Wednesday, February 05, 2025 3:04:09 PM Time Spent:00:47:51 172.58.116.151 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? A clean and quiet environment for which righteousness dwells. Although I am waiting for a new heavens and a new earth in which righteousness dwells. The Second Epistle of PETER-Chapter-3-Vers-13-Holy Bible. Q2 What recommendations do you have to more eectively address your housing needs? I can do all things through Christ who strengthens me. The Epistle of Paul the Apostle to the PHILIPPIANS-Chapter-4-Verse-13-Holy Bible. Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? "You shall love your neighbor as yourself." Verse-10-Love does no harm to a neighbor; therefore love is the fulllment of the law. The Epistle of Paul the Apostle to the ROMANS-Chapter-13-Verse-10-Holy Bible. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Discernment is mandatory. Q5 What recommendations do you have to change or improve our Rent Determination Policies? Be fair with everyone. Q6 What recommendations do you have to change or improve our Operation and Management? For we walk by faith, not by sight. The Second Epistle of Paul the Apostle to the CORINTHIANS-Chapter-5-Verse-7-Holy Bible. Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? Jesus and I have been requesting assistance regarding our books we have written. Our rst book, The Sheep and The Goats-16916192629-For I neither received it from man, nor was I taught it, but it came through the revelation of Jesus Christ. The Epistle of Paul the Apostle to the GALATIANS- Chapter-1-Verse-12-Holy Bible. Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? "He who is not with Me is against Me, and he who does not gather with Me scatters abroad. The Gospel According to MATTHEW-Chapter-12-Verse-30- Holy Bible. We are seeking the lost sheep. Shalom!!!! Q9 https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:49 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 How can we improve our progress to fulll our mission and goals? Seek rst the kingdom of God and His righteousness, and all these things shall be added to you. The Gospel According to Matthew-Chapter-6-Verse- 33-Holy Bible. Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Blessed are the merciful, For they shall obtain mercy. The Gospel According to MATTHEW-Chapter-5-Verse-7-Holy Bible. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:49 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Thursday, February 06, 2025 9:15:46 AM Started: Last Modied:Thursday, February 06, 2025 9:29:23 AM Time Spent:00:13:36 74.62.13.171 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? rent fair, comfortable place, homes with patios Q2 What recommendations do you have to more eectively address your housing needs? rent fair, have all the services available, accommodate conditions Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? Everyone have the access to apply without restrictions. Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Everyone have the opportunity to apply without restrictions. Q5 What recommendations do you have to change or improve our Rent Determination Policies? be more exible with the community. Policies being more basic to the community Q6 What recommendations do you have to change or improve our Operation and Management? be more conscious with the community Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? open to the community Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? people from the community needs more help specially the elder people to obtain more information. Q9 How can we improve our progress to fulll our mission and goals? Be more enrolled and out in the eld with the community to hear the needs https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:49 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? The landlords needs to be more exible also rents fair. Fix the property. About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 2/20/25, 9:50 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 EditDeleteExport !"#$# Collector:Mobile Link (Web Link) Tuesday, February 18, 2025 8:58:02 AM Started: Last Modied:Tuesday, February 18, 2025 9:30:09 AM Time Spent:00:32:06 104.28.85.110 IP Address: !" # Q1 What are your housing needs and what would you rank as your top three housing needs? My top 3 housing needs 1 more non smoking friendly apartment communities / buildings 2 more apartments close to shopping centers Make luxury apartments more aordable so that single person like myself will qualify to move in Q2 What recommendations do you have to more eectively address your housing needs? Make luxury apartment buildings start out lower for single family one bedrooms have more availability if the rent is above 2500 I won't qualify because the ones below the cap go extremely fast Q3 As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? I'm almost 55 yrs old in 3 years from 2025 I'm interested in non smoking environment too many apartment communities have a non smoking near the buildings but tenants don't follow rules and I have to breathe in second hand smoke from my upstairs apartment above a garage of tenant below I poking forward to relocating to Santa Ana from Fullerton in near future Q4 What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? I was homeless for many years my organization I was enrolled in applied for housing back in march of 2021 I received my housing voucher in 2022 of June but had no luck nding a place I didn't make enough money or I didn't have the assistance through mercy house to help me nd a place to live my voucher had expired and I ended up nding myself place in mental hospital for no reason we need better communication between these non prots and their clients when receiving there voucher I could have found apartment more quickly instead of becoming frustrated and allowing it to expire also I know tenants on housing vouchers outside of Santa Ana are forced out with rent increases making them homeless again we need less of that to happen especially for seniors and disabled clients like myself Q5 What recommendations do you have to change or improve our Rent Determination Policies? Give clients more selections by allowing approval of moving into more expensive rent caps if client willing to pay more out of there portion if I make 1500 monthly I can aord to pay up to 500 out of pocket and still live comfortably or the rent is 2800 and my cap is 2475 I would be more than willing to pay the dierence in cost Q6 What recommendations do you have to change or improve our Operation and Management? Have more qualied housing specialist that return phone calls and emails I have reached out many times but get no response back if housing clients can't express there concerns we tend to give up on housing and go back to being homeless or just renting a room from a complete stranger Q7 What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)? I'm interested in joining the housing plus program not sure what changes are needed at this time https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent2/3 2/20/25, 9:50 AMSurveyMonkey Analyze - Santa Ana Housing Authority 5-Year Plan Survey EXHIBIT 2 Q8 What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self- suciency? Go out advocate to the areas like shelters get people on board while on waiting list or have a voucher but haven't yet found place to live advertise at local apartment commmunities that accept housing vouchers Q9 How can we improve our progress to fulll our mission and goals? Have better communication skills between housing specialist and there clients and have more aordable apartments that accept housing vouchers so we have opportunity to move into newer not older apartments Q10 Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Have landlords upgrade there communities when over 20 plus years where I live right now it's inconvenient for me when taking public transportation it's a 30 minute walk to nearest bus stop if they landlords would make it so lest pest spiders termites bed bugs roaches my patio fence upstairs is rotting do to termite even my wooden oors are also becoming damaged About SurveyMonkey • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2025 SurveyMonkey • Do not sell or share my personal information https://www.surveymonkey.com/analyze/browse/VA7ww5uXTZAgOvNPBt23jsnLxSEbbFoSQKllCfHKjmo_3D?view=singleRespondent3/3 EXHIBIT 3 Uijt!tqbdf!gps!gjmjoh!tubnq!pomz P!!S!!B!!O!!H!!F!!!!!D!!P!!V!!O!!U!!Z!!!!!S!!F!!Q!!P!!S!!U!!F!!S O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ !TJODF!2:32! 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 711!X/!Tboub!Bob!Cmwe/-!Tvjuf!316-!Tboub!Bob-!Dbmjgpsojb!:3812.5653 Ufmfqipof(714) 543-2027(714) 542-6841)825*!654.31380!Gby)825*!653.7952 ABIGAIL ALCALA OR3890646 PS$;!!!!!!! CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 NOTICEOFPUBLICHEARINGintheCityClerk'sOfficeduringregular BEFORETHECITYCOUNCILOFTHEbusinesshoursandpostedontheCity's CITYOFSANTAANA,CAwebsitetheTuesdaypriortotheCouncil SANTA ANA, CA - 92701 TheCityofSantaAnaencouragesthemeetingat:www.santa-ana.org/agendas- publictoparticipateinthedecision-and-minutes. makingprocess.ThefollowingnoticeWhoToContactForQuestions-Should isbeingprovidedsothatyoucanaskyouhaveanyquestions,pleasecontact questions,makecomments,andstayJudsonBrown,HousingDivision informedaboutprojectsthatmightbeManager,at(714)667-2241oryoucan importanttoyou.Weencourageyoutosendanemailtojbrown@santa-ana.org. contactuspriortothePublicHearingifSitienepreguntasenespañol,favorde QSPPG!PG!QVCMJDBUJPO youhaveanyquestions.llamaral714-647-6520. NOTICEISHEREBYGIVEN-TheSantaNucnliênlcbngtingVit,xin AnaHousingAuthoritywillholdaPublicinthoichoKristieHas(714)667- Hearingtoreceivepublictestimonyand2206. )3126/6!D/D/Q/* willtakeactionontheitemdescribed Jgzpvdibmmfohfuifefdjtjpopouifbcpwf below.Decisiononthismatterwillbe nbuufs-zpvnbzcfmjnjufeupsbjtjohpomz final.uiptfjttvftzpvpstpnfpoffmtfsbjtfe Tubuf!pg!Dbmjgpsojb* ProposedAction:TheHousingAuthority buuifqvcmjdifbsjoheftdsjcfejouijt Dpvouz!pg!Psbohf ORANGE!!*!tt oftheCityofSantaAnawillconducta opujdf-psjoxsjuufodpssftqpoefodf publichearingtoconsidertheFiscalYear efmjwfsfeupuifIpvtjohBvuipsjuzpguif 2025-20305-YearPlanandFiscalYear DjuzpgTboubBobbu-psqsjpsup-uifqvcmjd 2025–2026AnnualPlanfortheHousing ifbsjoh/ Opujdf!Uzqf;!!!!!!!!!!! GPN - GOVT PUBLIC NOTICE AuthorityoftheCityofSantaAnaJenniferL.Hall,CMC (CA093).TheHousingAuthorityisCityClerk requiredtoholdapublichearingtoPublishOrangeCountyReporter-Legals discussandhearpubliccommentsontheSection 5-YearPlanandAnnualPlanpriortoDate:January31,2025 Be!Eftdsjqujpo; submissiontotheU.S.Departmentof1/31/25 PH Notice - 5YR Annual Plan - English HousingandUrbanDevelopment(HUD).OR-3890646# Aminimumofa45-daynoticeofthis publichearingisrequiredbythefederal regulations.PursuanttotheQuality HousingandWorkResponsibilityActof I am a citizen of the United States and a resident of the State of California; I am 1998(PublicLaw105-276),theHousing AuthorityoftheCityofSantaAnais over the age of eighteen years, and not a party to or interested in the above J!bn!b!djuj{fo!pg!uif!Vojufe!Tubuft!boe!b!sftjefou!pg!uif!Tubuf!pg!Dbmjgpsojb<!J!bn! requiredtopreparea5-YearPlanand entitled matter. I am the principal clerk of the printer and publisher of the AnnualPlan. pwfs!uif!bhf!pg!fjhiuffo!zfbst-!boe!opu!b!qbsuz!up!ps!joufsftufe!jo!uif!bcpwf! The5-YearPlanforFiscalYear2025- ORANGE COUNTY REPORTER, a newspaper published in the English foujumfe!nbuufs/!!J!bn!uif!qsjodjqbm!dmfsl!pg!uif!qsjoufs!boe!qvcmjtifs!pg!uif! 2030providesdetailsabouttheHousing language in the city of SANTA ANA, county of ORANGE, and adjudged a Authority'smission,goals,andobjectives, PSBOHF!DPVOUZ!SFQPSUFS-!b!ofxtqbqfs!qvcmjtife!jo!uif!Fohmjti andtheprogresstheHousingAuthority newspaper of general circulation as defined by the laws of the State of hasmadeinmeetingthegoalsand mbohvbhf!jo!uif!Djuz!pg!Tboub!Bob-!boe!bekvehfe!b!ofxtqbqfs!pg!hfofsbm! California by the Superior Court of the County of ORANGE, State of California, objectivesdescribedintheHousing djsdvmbujpo!bt!efgjofe!cz!uif!mbxt!pg!uif!Tubuf!pg!Dbmjgpsojb!cz!uif!Tvqfsjps Authority'sprevious5-YearPlan.The under date 06/20/1922, Case No. 13421. That the notice, of which the AnnualPlanprovidesdetailsaboutthe Dpvsu!pg!uif!Dpvouz!pg!Psbohf-!Tubuf!pg!Dbmjgpsojb-!voefs!ebuf!pg!Kvof!3-!2:33- HousingAuthority'simmediateoperations, annexed is a printed copy, has been published in each regular and entire issue Dbtf!Op/!24-532/!!Uibu!uif!opujdf-!pg!xijdi!uif!boofyfe!jt!b!qsjoufe!dpqz-!ibt programparticipants,programs,and of said newspaper and not in any supplement thereof on the following dates, services,andtheAuthority'sstrategyfor cffo!qvcmjtife!jo!fbdi!sfhvmbs!boe!foujsf!jttvf!pg!tbje!ofxtqbqfs!boe!opu!jo handlingoperationalconcerns, to-wit: boz!tvqqmfnfou!uifsfpg!po!uif!gpmmpxjoh!ebuft-!up.xju; participants'concernsandneeds,and projectedprograms/servicesforFiscal Year2025-2026.TheAnnualPlanalso examineslong-rangeandshort-range strategiestoaddressneedsasidentified bytheResidentAdvisoryBoard. MeetingTimeandDate–Thismatterwill beheardonTuesday,March18,2025at 01/31/2025 5:30p.m.orassoonthereafterasthe mattermaybeheard,intheCityCouncil Chamber,22CivicCenterPlaza,Santa Ana,CA92701.Membersofthepublic mayattendthismeetingin-personor joinviaZoom.Forthemostuptodate informationonhowtoparticipatevirtually inthismeeting,pleasevisit https://www.santa-ana.org/agendas-and- Fyfdvufe!po;!2102103115 minutes/. 01/31/2025 WrittenComments:Ifyouareunableto BuMpt!Bohfmft-!Dbmjgpsojb participateinthemeeting,youmaysend writtencommentsbye-mailto eComment@santa-ana.org(referencethe J!dfsujgz!)ps!efdmbsf*!voefs!qfobmuz!pg!qfskvsz!uibu!uif!gpsfhpjoh!jt!usvf!boe! AgendaItem#inthesubjectline)ormail dpssfdu/ toJenniferL.Hall,CityClerk,Cityof SantaAna,20CivicCenterPlaza–M30, SantaAna,CA92701.Deadlinetosubmit writtencommentsis4:00P.M.ontheday ofthemeeting.Commentsreceivedafter thedeadlinemaynotbedistributedtothe HousingAuthoritybutwillbemadepartof therecord. WhereToGetMoreInformation-All staffreportsregardinganyitemonthis agendaareavailableforpublicinspection Tjhobuvsf !A000007016003! Email EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 4 RESOLUTION NO. 2025-XXX A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE FIVE YEAR PLAN FOR FISCAL YEARS 2025-2030 AND SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2025-2026 BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1.The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. a Five Year Plan and anAnnualPlan due to the fact that the Authority administers a Housing Choice Voucher Rental Assistance Program. B.The purpose of the AFive Year Plan and AnnualPlan is to advise HUD, program participants and members of the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority,including programs, participants, services for the upcoming five years, and any operational or tenant concerns. C.The Authority is required to review its operations and needs for theFive Year Plan and AnnualPlanwith input from HCVparticipants. Three(3)Resident Advisory Board Meetingswereheld on February 5,2025,with responses incorporated into the Five Year Plan and AnnualPlan, as required by HUD regulations. D.HUD regulations require a forty-five (45) day public comment period. On January 31,2025,a legal notice was published in the Orange County Register, Nguoi Viet and La Opinión advisingthe public that a draft of the Five Year Plan and Annual Plan was available for public review and comment and a public hearing would be held onMarch 18, 2025. The public comment period ended onMarch 18, 2025. Further, a public hearing was held by the AuthorityonMarch 18, 2025, and all comments received at the hearing are included in the final documents to be submitted to HUD. Section 2.The Five Year Planfor Fiscal Years2025-2030of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Five YearPlan shall be submitted by the Authority to HUD. Resolution 2025-XXX Page 1of 2 EXHIBIT 4 Section 3.The Annual Planfor Fiscal Year2025-2026of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD. Section 4.This Resolution shall take effect immediately upon its adoption by the Authority Board,and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of ______________,2025. _____________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, General Counsel By:_____________________ Andrea Garcia-Miller Assistant Counsel AYES:Boardmembers:__________________________ NOES:Boardmembers:__________________________ ABSTAIN:Boardmembers:__________________________ NOT PRESENT:Boardmembers:__________________________ CERTIFICATION OF ATTESTATION AND ORIGINALITY I,JENNIFER L. HALL,Recording Secretary to the Housing Authorityof the City of Santa Ana, do hereby attest to and certify the attached Resolution No. 2025-to be the original resolution adopted by the Housing Authority of the City ofSanta Ana on March 18, 2025. Date: __________________________________________________ Jennifer L. Hall,Recording Secretary Resolution 2025-XXX Page 2of 2