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HomeMy WebLinkAboutAgenda Packet_2023-10-17City Council Meeting Packet (revised 10/16/2023) October 17, 2023 CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Mayor Pro Tem - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Steven A. Mendoza Jennifer L. Hall City Attorney Acting City Manager City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, iscontact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 10/17/2023 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 10/17/2023 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. 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 by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in City Council 3 10/17/2023 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m. Speakers who are not in the speaker queue by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (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 Concilio. La interpretacion simultanea al 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 concilio municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball � ) or download a pdf (the cloud symbol with the down arrow ). City Council 4 10/17/2023 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • In re Aqueous Film -Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) City Council 5 10/17/2023 3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code §54957 Title: Acting City Manager/Interim City Manager/Permanent City Manager City Council 6 10/17/2023 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Acting City Manager Steven A. Mendoza City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Police Chaplain Heather Riley ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to the City's Code Enforcement Team declaring October 9-13, 2023, as Code Enforcement Officer Appreciation Week. 2. Proclamation presented by Mayor Pro Tern Lopez to Radiant Futures declaring October 2023 as Domestic Violence Awareness Month. 3. Proclamation presented by Councilmember Bacerra declaring October 2023 as Filipino American History Month. STAFF PRESENTATIONS 4. Update from League of California Cities 5. Rental Registry Program Update CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. City Council 7 10/17/2023 I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances. 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Special Closed Session and Regular Meeting of January 17, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 8. Appoint Members to the Parks, Recreation and Community Service Commission for a Two -Year Term to Represent Residents 55 and Older Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. 2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. 9. Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report Department(s): Community Development Agency Recommended Action: Receive and file SMART Program 2023 Progress Report. 10. Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance Department(s): Community Development Agency Recommended Action: Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program. City Council 8 10/17/2023 2. Authorize the City Manager to update the City's Down Payment Assistance Program to include City's high school loan forgiveness incentive and increase the maximum debt -to -income ratios. 3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re -use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes) 11. Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund) Department(s): Library Recommended Action: Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1- year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes) 13. Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with The Library Corporation to City Council 9 10/17/2023 provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 14. Approve an agreement with United States Geological Survey at the Santa Ana Zoo Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 15. Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, lacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 17. Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City's role and City Council 10 10/17/2023 responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 18. Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23-6625) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $275,000 of 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. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $300,000 of prior -year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31 113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625). 4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project. City Council 11 10/17/2023 19. Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980). 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act ("CEQA") as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project. 20. Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). City Council 12 10/17/2023 21. Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency — Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services -Professional expenditure account. (Requires five affirmative votes) 22. Adopt a Resolution to Add Positions in the City Attorney's Office and the Public Works Agency. (Revised 10/16/2023) Department(s): Finance and Management Services Recommended Action: Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney's Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY'S OFFICE AND PUBLIC WORKS AGENCY 23. Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households. City Council 13 10/17/2023 Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) 2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low- income households, at 1212 E. Fourth Street, subject to non -substantive changes approved by the City Manager and City Attorney. 24. Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes) 3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 25. Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana City Council 14 10/17/2023 Municipal Code First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting). Published in the Orange County Reporter on October 9, 2023. Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code. ORDINANCE NO. NS-3051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project) 26. Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting). Published in the Orange County Reporter on October 9, 2023. Department(s): City Attorney Office Recommended Action: Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two -Thirds Approval by all Members of the City Council for Certain Future Amendments. ORDINANCE NO. NS-3052 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a "project" as defined in section 15378 of the State CEQA Guidelines) City Council 15 10/17/2023 **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 27. Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections Department(s): City Attorney Office Recommended Action: Consider the following options: 1. Take no action; 2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment."); /_10119061 V 3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a City Council 16 10/17/2023 ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.") **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 28. Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre -Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory City Council 17 10/17/2023 dwelling unit applications utilizing pre -approved plans. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1 ,701) AND ESTABLISHING THE FEE FOR PRE -APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization POSTING STATEMENT: On October 10, 2023, 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 santa-ana.org/city-meetings. City Council 18 10/17/2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California January 17, 2023 CLOSED SESSION MEETING — 4:30 P.M. CALL TO ORDER ATTENDANCE REGULAR OPEN MEETING — 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL CLOSED SESSION Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho Acting City Clerk Norma Orozco MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:39 P.M. CITY COUNCIL 1 January 17, 2023 City Council 7-1 10/17/2023 Mayor Amezcua announced that Closed Session Item No. 5 was continued to the February 7, 2023 meeting. ROLL CALL MINUTES: Acting City Clerk Norma Orozco conducted Roll Call. Councilmembers Penaloza and Vasquez and Mayor Pro Tem Lopez were present in person. Mayor Amezcua and Councilmember Hernandez attended via teleconference. Councilmembers Bacerra and Phan joined the meeting in person during Closed Session. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 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. Derek Bercher v. City of Santa Ana, Matthew Sorenson, Orange County Superior Court, Case No. 30-2021-01212102 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time • Employees Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council CITY COUNCIL 2 January 17, 2023 City Council 7-2 10/17/2023 0 5 2 CONFERENCE WITH LABOR NEGOTIATOR -Government Code Section 54957.6 Unrepresented employee: (Clerk of the Council) THREAT TO PUBLIC SERVICES OR FACILITIES pursuant to subdivision (a) of Section 54957 of the Government Code: Consultation with Santa Ana Police Department, Chief David Valentin Closed Session Item No. 5 continued to February 7, 2023. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council at 7:12 P.M. ROLL CALL MINUTES: Councilmembers Bacerra, Penaloza, Phan, and Vasquez and Mayor Pro Tem Lopez were present in person. Mayor Amezcua and Councilmember Hernandez attended via teleconference. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Pastor Maribel Toan CEREMONIAL PRESENTATIONS Certificate of Recognition presented by Mayor Pro Tern Lopez to Rachael Cianfrani for Outstanding Contributions to the Community. MINUTES: Item 1 was continued to a future meeting, date to be determined. Proclamation presented by Councilmember Phan declaring January 22, 2023 as Tet / Lunar New Year. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. CITY COUNCIL 3 January 17, 2023 City Council 7-3 10/17/2023 MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Melissa Shepard spoke regarding Immigrant Defenders Law Center. Jose Luis Sandoval spoke on restaurants and food trucks being affected by taco stands without permits. Daniel Perez spoke on laws that small businesses have to follow and on small businesses being affected by taco stands on the sidewalks. Roberto Guzman spoke on the limitations the authorities have when dealing with vendors without permits due to laws set in place by the State of California. Alex Rivera spoke on problems with street vendors and taco stands. Araceli Gonzalez spoke on woman -owned businesses closing and asked for help and support. Juan Gonzalez, SoCal Gas Public Affairs Manager, spoke about past and upcoming expensive gas bills due to historically high national gas prices in the western United States, ways to reduce gas use, and on resources offered by SoCal Gas for income - qualified residents or residents having issues with their gas bill. Bulmaro Vicente spoke on Item Nos. 29 and 24 and also spoke of changes they would like to see with the Police Oversight Commission. Maria Garcia spoke on having to close their business due to street vendors. Miriam Rojas spoke on time spent in a detention center and the psychological effects it has had. Ana Ramirez spoke in support of the renewal of the Universal Representation Program. Mua Trejo spoke in support of expanding and renewing legal service contracts for the community. Laura Hernandez spoke in support of renewing the Immigrant Defenders contract. CITY COUNCIL 2 January 17, 2023 City Council 7-4 10/17/2023 Acting City Clerk Norma Orozco reported out the summary of email comments received: Three (3) comments regarding Item 24, Five (5) comments regarding Item 29, and Two (2) non -agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 28. MINUTES: Councilmember Bacerra pulled Item Nos. 10 and 13, Councilmember Phan pulled Item No. 24, and Mayor Amezcua pulled Item No. 5 for separate discussion and consideration. Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar Item Nos. 3 through 28 with the exception of Item Nos. 5, 10, 13, and 24. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass 3. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 4. Adopt Ordinance No. NS-3036 —AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2022-01 AMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1700, 1720, AND 1740 EAST GARRY AVENUE (APN 430-171-07) FROM PROFESSIONAL (P) TO LIGHT INDUSTRIAL (M1) First reading at the December 20, 2022 City Council meeting and approved by a vote of 5-0-1-1 (Phan abstain and Lopez absent). Published in the Orange County Reporter on January 6, 2023. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. CITY COUNCIL 5 January 17, 2023 City Council 7-5 10/17/2023 MINUTES: Item 4 was reconsidered after consideration of Item 24. Councilmember Phan recused herself from Item No. 4, as the listed party is a client of her employer, Rutan & Tucker. Moved by Councilmember Penaloza, seconded by Mayor Amezcua to reconsider Item No. 4. YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 1 — Councilmember Phan ABSENT:0 Status: 6-0— 1 —0— Pass Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to adopt Item No. 4. YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 1 — Councilmember Phan ABSENT:0 Status: 6-0— 1 —0— Pass 5. Appoint Various Boards and Commissions Members Nominated by Mayor Amezcua as the Mayoral Representatives for a Full Term Expiring December 10, 2024 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Dr. Susie Lopez -Guerra - Arts and Culture Commission 2. Selica Diaz - Parks, Recreation and Community Services Commission 3. Ana Laura Padilla — Community Development Commission 4. Mario Alvarado — Environmental and Transportation Advisory Commission 5. Irma Jauregui — Historic Resources Commission 6. Ernie Gomez — Personnel Board 7. Chris Leo — Planning Commission 8. Timothy Johnson — Santa Ana 2018 Measure X Citizens' Oversight Committee 9. Caylin Vidaurri — Youth Commission CITY COUNCIL 6 January 17, 2023 City Council 7-6 10/17/2023 MINUTES: Mayor Amezcua requested the removal of Youth Commission nominee Caylin Vidaurri as she is no longer a high school student. Moved by Councilmember Penaloza, seconded by Councilmember Bacerra to Appoint Mayor Amezcua's nominees, with the exception of the withdrawn Youth Commission nominee. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass MINUTES: Mayor Amezcua reported the oaths of office would be administered on February 7, 2023. 6. Housing Successor Annual Report for FY 2021-22 —Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. 7. Authorize Exchange of Storm Drain Easements within 1202 West Edinger Avenue (Applicants and Owners: Mater Dei High School) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute quitclaim deeds relinquishing the City's interest in drainage easements at 1202 West Edinger Avenue, in exchange for replacement storm drain easement. 8. Award a Purchase Order to VMI, Inc. in the Amount of $61,319 for Audio Video Equipment for the Council Chamber, Playback Room and Control Room (Specification No. 22-162) (General Fund) Department(s): City Manager Office Recommended Action: Authorize a one-time purchase and payment of purchase order to VMI, Inc. for the purchase of audio video equipment, in the amount of $61,319, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 7 January 17, 2023 City Council 7-7 10/17/2023 9. Award a Purchase Order to RDO Equipment Co. in the Amount of $201,757 for One Vermeer Wood Chipper and One Vermeer Stump Grinder for the Public Works Maintenance Services — Tree Section (Specification No. 22-171) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to RDO Equipment Co. for the purchase of a Vermeer wood chipper and a Vermeer stump grinder, in the amount of $191,757, plus a contingency of $10,000, for a total amount not to exceed $201,757, subject to non -substantive changes approved by the City Manager and City Attorney. 10. Award a Purchase Order to Long Beach BMW Motorcycles in the Amount of $185,639 for Six BMW RT-P Motorcycles (Specification No. 22-137) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Long Beach BMW Motorcycles for six (6) BMW RT-P motorcycles, in the amount of $180,639, plus a contingency of $5,000, for a total amount not to exceed $185,639, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Bacerra inquired about the use of Crevier BMW located in Santa Ana as opposed to a dealership in the City of Long Beach, to which City Manager Kristine Ridge explained that Crevier BMW does not provide motorcycles. Councilmember Bacerra requested staff proactively contact local businesses. Councilmember Penaloza requested staff identify how many prospective bidders were contacted and the number of responsive bidders. Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to Approve Item No. 10. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass 11. Award Contracts to Dooley Enterprises, Inc. and Miwall Corporation for Training and Duty Ammunition in the Annual Aggregate Amount of $105,000 (Specification No. 22-153) (General Fund) Department(s): Police Department CITY COUNCIL 8 January 17, 2023 City Council 7-8 10/17/2023 Recommended Action: Award blanket purchase order contracts to Dooley Enterprises, Inc. and Miwall Corporation for training and duty ammunition for a one-year period beginning February 1, 2023 and expiring January 31, 2024, with provisions for two, one-year renewal options exercisable by the City Manager, in an annual aggregate amount not to exceed $105,000, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the King Street Urban Greening Project (Project No. 23-6625) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $1,491,240 in Clean California Local Grant Program funding from the California Department of Transportation (Caltrans) into the PWA Enterprise Capital Grants, State Grant -Direct Revenue Account and appropriate the same amount into the Public Works -Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to include $1,491,240 of funding from the Caltrans Clean California Local Grant Program for the King Street Urban Greening Project. MINUTES: Councilmember Hernandez expressed his appreciation that the Public Works Agency was moving forward with this project. 13. Approve Appropriation Adjustment to Recognize Grant Revenue from State of California Resources Recycling & Recovery for Senate Bill 1383 Local Assistance Grant in an Amount not to Exceed $435,450 Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize State of California Resources, Recycling & Recovery (CalRecycle) Senate Bill (SB) 1383 Local Assistance Grant Program grant funds in the amount of $435,450 in the PWA Refuse Enterprise, State Grant -Direct revenue account and appropriate the same amount to the PWA Refuse Enterprise, Contract Services -Professional expenditure account. (Requires five affirmative votes) MINUTES: Councilmember Bacerra inquired about the grant funding disbursement limitations and requested staff research state -funded grants to assist with the purchase costs of new waste receptacle enclosures. Mayor Amezcua requested staff research alternate funding sources to assist residents offset the costs of purchasing alternative waste receptacle enclosures and provide information to the Council and the public. CITY COUNCIL 9 January 17, 2023 City Council 7-9 10/17/2023 Councilmember Phan requested staff perform community outreach in the Spanish and Vietnamese -speaking communities. Moved by Councilmember Bacerra, seconded by Mayor Amezcua to Approve Item No. 13. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0 — Pass 14. Approve Budget Reallocations and Amendment to the Project Cost Analysis to Increase Project Construction Funding for the South Main Street Corridor Improvements Project (Project No. 17-9001, 18-6911, 20-6958, 21-6451, 21-6461, 21-6014 & 19-6940) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize budget reallocation of $435,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds from the Bristol Street Rehabilitation: Santa Clara Avenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958). 2. Authorize budget reallocation of $435,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds from the Bristol Street Rehabilitation: Santa Clara Avenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds for Main Street Rehabilitation from Dyer Road to Warner Avenue (Project No. 19-6940). 3. Approve an amendment to the Project Cost Analysis in the amount of $1,320,000 for $1,320,000 in additional contingency funds and $250,000 in additional inspection and testing. The new estimated total construction delivery cost is $24,325,389.72, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Approve an Additional Contingency Funds in the Amount of $165,000 for an Existing Construction Contract with Allinone Construction, Inc., and Additional Contract Administration, Inspection, and Testing in the Amount of $22,500 with an Estimated Project Delivery Cost of $764,020 for the Santa Ana City Hall 3rd Floor Tenant Improvements Project (Project No. 22-1401) (General Fund). Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $187,500 for $165,000 in additional contingency funds and $22,500 in CITY COUNCIL 10 January 17, 2023 City Council 7 — 10 10/17/2023 additional contract administration, inspection and testing for a new estimated total construction delivery cost of $764,020. The new estimated total construction delivery costs include $427,052 for the construction contract, $86,558 for contract administration, inspection and testing, and a $250,410 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for $187,500, which includes $22,500 in construction engineering funds and $165,000 for construction contingency funds, for the City Hall 3rd Floor Tenant Improvements Project (22-1401). 16. Approve an Appropriation Adjustment Accepting the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $14,378 in grant revenue from the U.S. Department of Justice Grants and appropriate same to the Bulletproof Vest Grant expenditure account. (Requires five affirmative votes) 17. Amend Agreement with Adams Streeter Civil Engineers, Inc. for On -Call Development Plan Checking Services by an Additional $50,000 Annually for the Remainder of the Agreement Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Adams Streeter Civil Engineers, Inc. for on -call development plan checking, to increase the amount by $50,000 annually, for a total annual amount not to exceed $200,000 for the remainder of the term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-001). 18. Amend the Agreement with Blueray Management, LLC to Provide Pool Maintenance at Various City Pools by Extending the Term for an Additional Six Months and Increasing the Agreement Amount by $200,000 (General Fund). Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blueray Management, LLC. to provide pool maintenance services at Various City Pools, to extend the term of the agreement for an additional six-month term beginning January 21, 2023 through June 30, 2023, and increase the amount by $200,000, for a total agreement amount of $971,481, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-002). CITY COUNCIL 11 January 17, 2023 City Council 7 —11 10/17/2023 19. Approve Purchase Agreement in the Amount of $740,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Fidel Solis and Margarita Solis) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with Fidel Solis and Margarita Solis, for the full acquisition and goodwill (if any), of the property located at 909 E. Warner Avenue (APN 016-105-21) in the amount of $740,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-003). 20. Amend the Agreement with Alliance Consulting Services, Inc., to Increase the Total Agreement Amount by $72,000 for Right -of -Way Coordination Services for the Remaining Term of the Agreement (Non -General Fund). Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Alliance Consulting Services, Inc. to update the scope of work to include additional locations and increase the total compensation amount by $72,000 for an updated agreement amount not to exceed $121,500, for the remainder of the agreement term expiring June 30, 2025, with two one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-004). 21. Amend Agreement with DMS Facility Services, to Increase the Contract Amount by $545,800 for Enhanced Landscape Services of City Park and Park Buildings (General Fund and Parking Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with DMS Facility Services, to provide landscape maintenance and repairs at City Parks, increasing the amount by $545,800, which includes a $100,000 contingency, for the remaining term from January 17, 2023 through January 31, 2024, for a total agreement amount of $16,038,396 subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-005). 22. Amend an Agreement with Bucknam Infrastructure Group, Inc. to Increase the Total Agreement Amount by $66,286, for a Total Amount not to Exceed $157,286, for Pavement Management Program and Geographic Information System Professional Services (Non -General Fund) (Project 22-6898) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Bucknam Infrastructure Group, Inc. to increase the total compensation by CITY COUNCIL 12 January 17, 2023 City Council 7 — 12 10/17/2023 $66,286, for a total agreement amount not to exceed $157,286, for the remainder of the agreement term expiring October 18, 2023, with two one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-006). 23. Approve and Amend a Three-year Agreement for Volume Licensing and Maintenance for Microsoft Software and Products through Software One, Inc. for an Amount not to Exceed $1,500,000 (Non -General Fund) Department(s): Information Technology Recommended Action: Approve and amend an agreement to renew licensing solution provider agreement with Software One, Inc. for the purchase of Microsoft software licenses, for a three-year period, beginning February 1, 2023, through January 31, 2026, in the amount not to exceed $1,500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-007). 24. Approve an Amendment to the Agreement with Immigrant Defenders Law Center For Immigration Legal Defense Services for a Two -Year Term in an Amount not to Exceed $400,000 (General Fund) Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2023 and ending January 31, 2025, in an amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-009). MINUTES: Councilmember Vazquez addressed a discrepancy in the budget amount and the contract amount and proposed staff initiate a Request for Proposal (RFP) for a new service provider to provide legal assistance to the Asian American and Pacific Islander community. Councilmember Phan inquired about the feasibility of working with community organizations rather than opening a request for a proposal, and also to look at a broader approach in the future. Mayor Pro Tem Lopez requested the RFP include requiring the services provided be for Santa Ana residents. Moved by Councilmember Phan, seconded by Councilmember Vazquez to approve, as amended, to include an informational report from Immigrant Defenders Law Center, approve their agreement, and open a request for proposal for a second vendor to provide services to the Asian American and Pacific Islander Community. CITY COUNCIL 13 January 17, 2023 City Council 7 — 13 10/17/2023 YES: 6 — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 1 — Councilmember Bacerra Status: 6-0-0— 1 — Pass MINUTES: Following discussion of Item No. 24, Item No. 04 was reconsidered. 25. Approve Amendment to the Agreement with The Counseling Team International in the amount of $6,145 for Law Enforcement Psychological Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the agreement with The Counseling Team International in an amount not to exceed $6,145 for law enforcement psychological services for a total aggregate amount not to exceed $84,145 for the agreement term ending on September 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-008). 26. City of Santa Ana Updated Hazard Mitigation Plan Department(s): Police Department Recommended Action: Resolution No. 2023-001 — Adopt a resolution approving the updated 2022 Hazard Mitigation Plan and direct staff to submit the resolution to the Federal Emergency Agency Management Agency (FEMA) for final approval of the Plan. RESOLUTION NO.2023-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE 2022 HAZARD MITIGATION PLAN 27. Adopt a Resolution Approving the Application for Grant Funds from the Urban Greening Program Department(s): Public Works Agency Recommended Action: Resolution No. 2023-002 — Adopt a resolution approving the application for grant funds for Urban Greening Program for the Bristol -Tolliver Street Urban Greening Project. RESOLUTION NO. 2023-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR URBAN GREENING PROGRAM CITY COUNCIL 14 January 17, 2023 City Council 7 — 14 10/17/2023 28. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2023-003 — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. RESOLUTION NO. 2023-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) **END OF CONSENT CALENDAR** BUSINESS CALENDAR 29. Police Oversight Commission Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. MINUTES: Principal Management Analyst Daniel Soto provided a brief presentation. Councilmember Phan inquired about the benefits of the commission director being a professional service contractor versus an at -will civil servant. She spoke in favor of a professional service agreement with a longer term and requested they be selected outside of an election year. Councilmember Penaloza also spoke in favor of a professional service agreement and requested staff begin researching the charter amendments needed for 2024. Councilmember Vazquez inquired about the Commission's involvement in the selection of the oversight director, to which City Manager Kristine Ridge explained the provisions of the Commission formation ordinance and offered options. Councilmember Hernandez spoke in favor of a professional services agreement with clear terms and conditions, as well as public involvement. Councilmember Bacerra addressed the initial approval of the Commission by the Council and spoke in support of a professional services agreement. CITY COUNCIL 15 January 17, 2023 City Council 7 — 15 10/17/2023 Mayor Pro Tem Lopez spoke in support of a professional services agreement for an independent oversight director and in opposition to an ad hoc committee. Mayor Amezcua spoke in support of a professional services agreement with a yearly term. City Manager Kristine Ridge summarized the direction provided by the Council to move forward with retaining an Independent Oversight Director through a professional services agreement and a request for proposal that will be presented to the Council, which will include a sample agreement. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. 30. Public Hearing: Consider an Ordinance to Disestablish the Downtown Santa Ana Business Improvement District Legal notice published in the Orange County Reporter on January 6, 2023 and notices mailed on December 28, 2022. Department(s): Community Development Agency Recommended Action: Approve first reading of an ordinance to disestablish the Downtown Santa Ana Business Improvement District. ORDINANCE NO. NS-3037 AN ORDINANCE OF THE CITY OF SANTA ANA TO DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT MINUTES: Mayor Amezcua opened the Public Hearing at 9:16 P.M. Ginette Sanchez, Latino Merchant Group, spoke in support of Item 30 and requested the status of grants for downtown businesses. Acting City Clerk Norma Orozco reported that one email comment had been received for Public Hearing Item No. 30. Victor Pallan, via teleconference, spoke in support of Item 30 and provided Barrio Logan in San Diego as an example of best practices for a downtown improvement district. Community Development Executive Director Mike Garcia provided a brief presentation. CITY COUNCIL 16 January 17, 2023 City Council 7 — 16 10/17/2023 Mayor Amezcua closed the Public Hearing at 9:23 P.M. Moved by Councilmember Penaloza, seconded by Councilmember Vazquez to Approve Public Hearing Item No. 30 for the first reading of the ordinance. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 31. Public Hearing: Adopt a Resolution Authorizing the Condemnation of the Entire Real Property Located at 2245 South Halladay Street (APN 016-105-19), Owned by Kenneth A. Steele and Ana Steele, Husband and Wife as Joint Tenants, Declaring the Public Necessity and Interest Thereof (Project No. 18-6901) (Non -General Fund) Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on December 29, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. 2023-004—Adopt a resolution authorizing the condemnation of the entire real property located at 2245 South Halladay Street (APN 016-105-19), owned by Kenneth A. Steele and Ana Steele, Husband and Wife as joint tenants, declaring the public necessity and interest thereof. (Requires five affirmative votes) RESOLUTION NO. 2023-004 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2245 SOUTH HALLADAY STREET (APN NO. 016-105-19) FOR THE WARNER AVENUE IMPROVEMENTS PROJECT MINUTES: Mayor Amezcua opened the Public Hearing at 9:25 P.M. Kenneth Steele, World Properties, objected to the taking of the full property due to a lease encumbered along the rear 20 feet of the property and requested a partial acquisition, or alternately, full compensation for the lease and the loss of income. Nabil Saba, Public Works Executive Director, provided a brief presentation. Councilmember Bacerra addressed the good faith efforts and recommended acquisition price and expressed concern with the timing of the actions presented. Councilmember Phan questioned conflicting appraisals of the property, the difference CITY COUNCIL 17 January 17, 2023 City Council 7-17 10/17/2023 between a full and partial take, and the ability of the property owner to rent the property following tenant relocation. Mayor Amezcua closed the Public Hearing at 9:44 P.M. Councilmember Vazquez expressed concerns with the appraisal, to which Director Saba responded that staff is open to negotiations with the property owner prior to final resolution. Mayor Amezcua requested information on the project and amenities planned for the area and expressed concerns with flooding in protected bike lanes. Moved by Councilmember Bacerra, seconded by Councilmember Phan to Approve Public Hearing Item No. 31. YES: 6 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT: 1 — Mayor Pro Tern Lopez Status: 6-0-0— 1 — Pass 32. Public Hearing: Adopt a Resolution Vacating a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01 Legal notice published in the Orange County Reporter on January 6, 2023 and January 13, 2023. Department(s): Public Works Agency Recommended Action: Resolution No. 2023-005 — Hold a public hearing and adopt a resolution vacating a portion of Edendale Court behind 1222 and 1226 South Birch Street. RESOLUTION NO. 2023-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF EDENDALE COURT BEHIND 1222 AND 1226 SOUTH BIRCH STREET (ABANDONMENT NO. 22-01) MINUTES: Mayor Amezcua opened the Public Hearing at 9:52 P.M., and hearing no comments, closed the Public Hearing at 9.52 P.M. Moved by Councilmember Bacerra, seconded by Councilmember Penaloza to Approve Public Hearing Item No. 32. YES: 6 - Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Amezcua NO: 0 CITY COUNCIL 18 January 17, 2023 City Council 7 — 18 10/17/2023 ABSTAIN: 0 ABSENT: 1 — Mayor Pro Tern Lopez Status: 6-0-0— 1 — Pass 33. Zoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Family Daycare, Regional Planned Sign Program Regulations, Massage Establishments, Medical Offices Operated in the Professional Zone, Retail Uses in Industrial Zones, Trash Bin Enclosures, Urban Lot Split and Two -Unit Developments Standards, Various Use Definitions, Regulation of Noxious Uses, Regulation of Electric Fences, Synthetic Turf, and Clarifications to Permitting Standards for Light Processing Facilities Legal notice published in the Orange County Reporter on January 6, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). ORDINANCE NO. NS-3038 ZONING ORDINANCE AMENDMENT NO. 2022-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY-PERMMITTED USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO -UNIT DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING FACILITIES MINUTES: Mayor Amezcua opened the Public Hearing at 9:54 P.M. Acting City Clerk Norma Orozco reported that one email comment had been received pertaining to Public Hearing Item No. 33. Mayor Amezcua closed the Public Hearing at 9:54 P.M. Councilmember Bacerra questioned the use of synthetic turf under the definition of "landscape" to which Planning and Building Executive Director Minh Thai provided clarifying information that it would be part of the overall property with live plants. He requested to remove "as modified from time to time" in Section 11 so that significant State amendments are considered by the Council, in Section 35 for Regional institution strike out the words starting with "or any other facility determined..." through the end of that definition, and regarding chair massage wanted to determine such services could not be performed in a closed room. He requested future consideration of standards for massage establishments, including separation buffers. CITY COUNCIL 19 January 17, 2023 City Council 7 — 19 10/17/2023 Councilmember Phan confirmed that the regulation of electric fences pertained to private property only. Director Thai reviewed email comments received from Dale Helvig and recommended Council include staffs recommendations to address Mr. Helvig's comments in their action. Moved by Councilmember Bacerra, seconded by Councilmember Phan to approve Public Hearing Item No. 33 for the first reading of the ordinance, as amended, to remove language from Sections 11 and 35 and staff's clarifications based on Mr. Helvig's email. YES: 7 — Councilmember Bacerra, — Councilmember Hernandez, — Councilmember Penaloza, — Councilmember Phan, — Councilmember Vazquez, — Mayor Pro Tern Lopez, — Mayor Amezcua NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass Mayor Amezcua recessed the City Council meeting at 10:05 P.M. to address the Special Meeting of the Successor Agency and reconvened the City Council at 10: 07 P. M. COUNCILMEMBER REQUESTED ITEMS 34. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Establishing a Senior Citizen Commission — Mayor Amezcua MINUTES: Mayor Amezcua noted she heard from the seniors regularly and would like to empower them to make recommendations, similar to the Youth Commission. Councilmembers Penaloza, Bacerra, Vazquez, and Hernandez and Mayor Pro Tem Lopez expressed their support of the item. Councilmember Phan expressed a desire to see a clear delineation of what the Council is exactly looking for the seniors to address. Mayor Amezcua suggested the Youth Commission also be reevaluated in terms of resources and responsibilities. CITY COUNCIL 20 January 17, 2023 City Council 7 — 20 10/17/2023 35. Discuss and Consider Directing the City Manager to Direct Staff to Amend the Quantity of Signs to be Installed at a Section of Street Granted a Ceremonial Street Name in Article XI of the SAMC - Councilmember Bacerra MINUTES: Councilmember Bacerra provided history of this program and spoke in support of amending the ordinance to allow for a maximum of two contiguous blocks on a single street with two signs installed on existing poles at either end of the designated street segment, which would not impact any existing ceremonial street names. Mayor Amezcua, and Councilmembers Phan, Vazquez, and Penaloza spoke in support of the item. Councilmember Hernandez believed the current policy provides staff with discretion and would allow for further discussion on the dais, if needed, and did not support the current item. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that the Public Works Water Resources Department launched its 8t" annual youth water poster contest on January 16, 2023. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. January 17-20, 2023 Mayor Amezcua — The United States Conference of Mayors in Washington, D.C. MINUTES: Councilmember Bacerra wished everyone a Happy New Year and announced his community office hours on February 4. Councilmember Hernandez offered condolences to the families of Keenan Anderson and Alejandro Montes, thanked the Orange County Heritage Council for celebrating the legacy of Martin Luther King, Jr., and closed his comments in honor of, thank OC Heritage Council for celebrate legacy of MLK Jr., close in honor of public defender Elliot Blair, who was found dead in Mexico. Councilmember Penaloza wished everyone a Happy New Year, a Happy Lunar New Year, and Happy Birthday to Library Director Brian Sternberg, Senior Management Analyst Daniel Soto, and Councilmember Vazquez. He requested the meeting adjourn in remembrance of Riverside Deputy Sherriff Darnell Calhoun. CITY COUNCIL 21 January 17, 2023 City Council 7 — 21 10/17/2023 Councilmember Phan wished everyone a safe and Happy New Year and Happy Lunar New Year. She announced her upcoming participation in the Tet Parade and Tet Festival and congratulated Councilmember Penaloza on his recent engagement. Councilmember Vazquez wished everyone a Happy New Year. He congratulated Valley High School students on their book drive and encouraged donations to their efforts. Mayor Pro Tem Lopez wished a Happy Birthday to Daniel Soto, Councilmember Vazquez, and her grandma. Mayor Amezcua wished everyone a Happy Birthday and Happy New Year, thanked the business owners for attending and asked staff to work with Assemblymember Valencia and Senator Umberg to address concerns. She requested an update on crossing guards, announced she would start community walks in February, reported her attendance at the U.S. Conference of Mayors in Washington, DC, acknowledged efforts by the Police Department, and requested staff look into delivering sandbags to seniors and the disabled during storms. She requested to adjourn the meeting in memory of the Riverside Deputies killed in line of duty, Darnell Calhoun and Isaiah Cordero. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council at 10:34 P.M. in memory of Darnell Calhoun and Isaiah Cordero. Respectfully Submitted, Jennifer L. Hall, CMC City Clerk CITY COUNCIL 22 January 17, 2023 City Council 7 — 22 10/17/2023 Parks, Recreation, and Community Services _ www.santa-ana.org/departments/parks-recreation/ Item # 8 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Appoint Members to the Parks, Recreation and Community Service Commission AGENDA TITLE Appoint Members to the Parks, Recreation and Community Service Commission for a Two -Year Term to Represent Residents 55 and Older RECOMMENDED ACTION 1. Appoint Silvia Reyes, Southwest Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. 2. Appoint David Dang, Santa Ana Senior Center, to the Parks, Recreation and Community Service Commission for a two-year term expiring October 31, 2025. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On January 17, 2023, the City Council agendized a discussion to establish a Senior Citizen Commission. There was a consensus among the City Council to direct staff to return to the City Council with an analysis on the matter and to provide options for the City Council consideration. Accordingly, on March 7, 2023, staff presented a staff report outlining preliminary research of different commission structures, alternatives to a commission, and a draft ordinance establishing a Senior Citizen Commission. Staff's recommendation was to add two additional seats to the existing Parks, Recreation and Community Services Commission, thereby increasing the total number of members from seven to nine. There was consensus among the City Council to direct staff to finalize an ordinance to add two seats to the Parks, Recreation and Community Services Commission. The additional members will serve as advisors on matters concerning the Parks, Recreation, and Community Services Agency's service delivery to residents 55 years and older. The new ordinance outlines that members of the Parks, Recreation and Community Services Commission will be appointed by residents as follows: City Council 8-1 10/17/2023 Appoint Members to the Parks, Recreation and Community Service Commission October 17, 2023 Page 2 Two additional members representing to be nominated by one of the City's two senior centers, respectively, in accordance with a policy established by the Parks, Recreation and Community Services Agency (PRCSA) Executive Director or their appointee, and appointed by a majority vote of the City Council. Appointed members will serve for a term of two -years and until their respective successors are appointed or qualified, and will be limited to four -terms of two - years each. Vacancies in the membership positions shall be filled in the same manner as aforementioned. Two representatives from the City's two senior centers, respectively, are recommended for appointment. Ms. Silvia Reyes, who currently attends Southwest Senior Center and Mr. David Dang, who currently attends Santa Ana Senior Center. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) N/A Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Steven A. Mendoza, Assistant City Manager City Council 8-2 10/17/2023 ') Community Development Agency www.santa-ana.org/community-development Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Santa Ana Multidisciplinary Response Team (SMART) Program Progress Report AGENDA TITLE Santa Ana Multidisciplinary Response Team (SMART) Program 2023 Progress Report RECOMMENDED ACTION Receive and file SMART Program 2023 Progress Report. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the December 6, 2022 meeting, the City Council approved an agreement with City Net in an amount not to exceed $2,801,700.10 for the Santa Ana Multidisciplinary Response Team (SMART) program to respond to reports for quality -of -life services from January 1, 2023 through December 31, 2023, with provision for three optional one-year extensions. In addition, staff were directed to return with a progress report of the SMART program before exercising the extension option under the Agreement. During this contract period, City Net provided two to three SMART outreach teams from 7 a.m. to 9 p.m., Mondays through Fridays, and one team from 9 a.m. to 9 p.m. on weekends. The presence of SMART outreach workers on the streets of Santa Ana allows for calls for service to be transitioned to subject matter experts who are highly trained in their profession of homeless services, crisis intervention, mental health, addiction, and medical services in order to provide the best response to those in need. Calls for service were reported through the MySantaAna app, the community call line, and through Santa Ana Police Department (SAPD) dispatch. By transitioning dispatched calls for service for non -criminal homeless issues previously handled by SAPD Officers to the SMART team, Officers were freed up to respond to calls for service for criminal activity. An added benefit was that the SMART program was able to assume the task of transporting individuals from the streets to shelter or treatment when contacted by either SAPD or City Net. Street outreach exits are difficult to obtain and often involve multiple efforts of contacts in the field with the same worker before an individual accepts services. It is this persistent outreach and encouragement by the SMART outreach workers that can City Council 9-1 10/17/2023 Santa Ana Multidisciplinary Response Team (SMART) Program Progress Report October 17, 2023 Page 2 successfully lead an individual to accept mental health/substance abuse treatment, shelter, or a permanent housing option. After reviewing the contract performance goals and performance deliverables, it was determined that City Net was responsive and provided a benefit to the City. The full report is attached as Exhibit 1. EXHIBIT(S) 1. SMART Program Evaluation and Progress Report Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Assistant City Manager City Council 9-2 10/17/2023 EXHIBIT 1 MEMORANDUM To: Michael Garcia, Executive Director - Community Date: Development Agency 09/20/2023 From: Ken Gominsky, Homeless Services Manager Subject: SMART Program Evaluation and Progress Report Annual Review: On October 5, 2021, the City Council approved an amendment to the agreement with CityNet to commence an enhanced street outreach and engagement pilot program to accept non-violent mental health or substance abuse calls for service for individuals experiencing homelessness. This program was established to lessen the city's dependency on law enforcement as first responders to non -criminal homeless related issues. On December 6, 2022 Council approved a new agreement with CityNet for the creation of the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program. The contract allowed for CityNet to respond to reports of non -criminal homeless related issues from January 1, 2023 through December 31, 2023, with the provision for three (3) optional one-year extensions. Staff were directed to return with a progress report on the SMART program before exercising the extension option under the Agreement. To date, CityNet has exceeded it's contracted metrics in every category, except Covid Engagements in Quarter 1. As per the contract, funds were withheld until the desired metric was achieved, cumulatively in Quarter 2. Street Outreach Covid Case Calls Mental Health Exits Contacts Engagements Management Dispatched Assessments 2023 First Quarter 306 1403 38 457 2878 14 Actual 2023 First Quarter 150 1312 125 200 1750 10 Goal 2023 Second Quarter 282 1472 502 451 2925 19 Actual 2023 Second 150 1312 125 200 1750 10 Quarter Goal 2023 Third Quarter 320 1209 243 511 2273 45 Actual City Council 9-3 10/17/2023 EXHIBIT 1 Memorandum: CityNet 2023 Evaluation Page 2 2023 Third Quarter 150 1312 125 200 1750 10 Goal 2023 Fourth Quarter Pending Pending Pending Pending Pending Pending Actual 2023 Fourth Quarter 150 1312 125 200 1750 10 Goal Annual 600 5250 500 800 7000 40 Goals Total Year to 908 4084 783 1419 8076 90 Date CityNet/SMART Staffing: During the contracted period, CityNet provided two to three SMART outreach teams from 7a.m. to 9 p.m., Monday through Friday, and one team covering the time frame of 9 a.m. to 9 p.m. on weekends. SMART outreach workers allowed calls for service to be transitioned to subject matter experts who are highly trained in their profession of homeless services, crisis intervention, mental health, addiction and medical services in order to provide the best response to those we find in need. Calls for service were reported through the MySantaAna app, the community call line and through first responder dispatch centers. By transitioning dispatched calls for service for non -criminal homeless issues previously handled by SAPD Officers to the SMART team, Officers are freed up to respond to calls for service pertaining to criminal activity. Additionally, SMART has assumed the task of transporting individuals from the street to shelter or treatment when contacted by either SAPD, QOLT or other outreach services. Monitored Metrics Review: Below please find a review of metrics monitored pertaining to the CityNet/SMART program. Time Frame LAST YEAR Time Frame THIS YEAR Activity Type 01-01-2022 01-01-2023 through through September 15, 2022 September 15, 2023 # of Dispatch Calls Received 12,660 18,288 # of Dispatched Calls 7,789 8,076 # of Street Exits 521 908 # of Outreach Contacts 7,749 4,084 # of Unique Individuals 3,634 3,787 CityNet Time on Scene for Dispatched Call 15 minutes 14 minutes (Average) CityNet Total Time on Call (Average) 41 minutes 45 minutes Dispatch - Number of Calls to Dispatch from the 5,071 5,606 Community Dispatch - Number of Calls received from First 887 535 Responders Dispatch - Number of My Santa Ana Apps received 803 1,334 City Council 9-4 10/17/2023 EXHIBIT 1 Memorandum: CityNet 2023 Evaluation Page 3 Dispatch - Number of Proactive Calls I 839 I 244 Monitored Metrics Explained: # of Dispatch Calls Received Total number of calls received by the CityNet Dispatch Center pertaining to issues within the City of Santa Ana Total number of calls CityNet Dispatchers assigned to field resources. The remainder of the calls were: • Requests for information # of Dispatched Calls • Issues outside the City of Santa Ana • Shelter requests • Pertaining to ongoing case management which were routed to case managers • Etc..... # of Street Exits Number of individuals that were exited from the streets # of Outreach Contacts Number of Outreach Contacts with individual persons # of Unique Individuals Number of Unique first time contacts between CityNet personnel and an individual in the field CityNet Time on Scene for Total amount of time CityNet staff was onscene at any particular Dispatched Call (Average) call Total amount of time CityNet staff was assigned to the specific call • Of interest is the increased transportation responsibility assigned to CityNet during 2023 CityNet Total Time on Call . CityNet has become responsible for virtually all field (Average) transportation services from the field and performed 573 transports year to date • As each transport requires a warm hand-off to shelter staff the increased small amount of time per call is understandable and expected Dispatch - Number of Calls to Number of phone calls received from members of the Santa Ana Dispatch from the Community Community pertaining to issues within the City of Santa Ana Dispatch - Number of Calls Number of calls received from either the Santa Ana Police or received from Frist Responders Orange County Fire Authority Dispatch Centers pertaining to issues within the City of Santa Ana Dispatch - Number of Number of MySantaAna app requests received by CityNet My Santa Ana Apps received Dispatchers that are dispatched to CityNet field resources. Number of calls where CityNet staff identified a homeless Dispatch - Number of individual without call for service or app and stopped to make Proactive Calls contact with that person or group to provide outreach and services City Council 9-5 10/17/2023 EXHIBIT 1 Memorandum: CityNet 2023 Evaluation Page 4 Exits, Where Did Individuals Go? : JAN - SEPT 2023 SANTA ANA, CALIFORNIA EXIT DESTINATIONS Destination Hospital Safe Haven Rental by client Living with family Emergency Shelter Permanent housing Staying with friends Transitional housing Hotel paid for without voucher Rental by client with HCV voucher Residential project or halfway house Psychiatric hospital or residential facility Substance abuse treatment facility or detox center Grand Total C-N-4 City Net EXIT INFORMATION SHELTER EXITS Shelter 1 9 Be Well Carnegie Hall 673 2 Friendship Shelter 1 5 HB Oasis Homekey 3 Yale Navigation Center 120 17 North Harbor Homekey 1 819 Bridges at Kramer Place 1 Grandma's House of Hope 1 13 Placentia Navigation Center 1 9 PATH Motel Shelter Program 1 Fullerton Cold Weather Shelter 2 5 Buena Park Emergency Shelter 1 1 Huntington Beach Navigation Center 1 OC Rescue Mission - Village of Hope 1 13 Tustin Temporary Emergency Shelter 2 3 Covenant House TAY Emergency Shelter 1 Casa Teresa Emergency Maternity Shelter 1 1 Families Forward - Santa Ana Motel Voucher 3 11 Illumination Foundation - Emergency Shelter 1 Illumination Foundation Recuperative Care Program 3 908 I Grand Total 819 Law Enforcement Response Times **: The decision to utilize CityNet for homeless outreach and engagement was based on 2 beliefs. 1. CityNet provided staff, subject matter experts who are highly trained in their profession of homeless services, crisis intervention, mental health, addiction and medical services would provide the most effective, compassionate and efficient response to those we find in need. 2. Reducing the number of law enforcement calls for service by removing non -criminal homeless related concerns from law enforcement responses, would decrease overall law enforcement response times and allow law enforcement to focus on issues which were criminal in nature. Comparing calendar year 2022 Santa Ana Police Department response times to the same time period in 2023, illustrates response times overall have continued to reduce. Priority one calls increased from 5 minutes and 13 seconds to 5 minutes and 26 seconds, however all other response times lowered. Homeless related calls for service are generally not of a Priority 1 nature, so it would be expected that this priority type would not decrease based on the CityNet initiative. City Council 9-6 10/17/2023 EXHIBIT 1 Memorandum: cityNet 2023 Evaluation Page 5 Priority 2019 2020 2021 2022 2023 1 7m 27s 5m 51 s 5m 18s 5m 13s 5m 26s 2 10m 43s 9m 37s 9m 46s 9m 46s 9m 38s 3 30m 22s 24m 47s 26m 49s 28m 28s 26m 36s 4 34m 04s 29m 42s 31 m 19s 32m 08s 29m 06s 5 49m 13s 32m 32s 33m 55s 38m 13s 36m 18s ** Response times are computed from when the telephone was answered for incidents received via the 911 telephone lines or else from when the call taker initialized the call for service form until the first unit arrived on scene. Averages are calculated using the mathematical median, which best represents typical response times and minimizes the impact of anomalies on results. They exclude field -generated and administrative incidents.** Type and Quantity of Services Provided: Service Type # of Services Provided Covid Engagements 783 Mental Health Assessments 78 Medicaid / Medi-Cal 72 Hygiene Supplies 66 Clothing / Material Donations 258 WIC Referrals 35 EBT Support 28 Social Security / Income 52 Housing Referral 643 Transportation 573 Total Services Offered 1,805 City Council 9-7 10/17/2023 EXHIBIT 1 Memorandum: cityNet 2023 Evaluation Page 6 Where Does CityNet Perform its Work: JAN - SEPT 2023 City Net y-7= SANTA ANA, CALIFORNIA MONTHLY TOTALS 4YO84 11434 908 CONTACTS NEW ENGAGEMENTS STREET EXITS LOCATIONS VISITED - O O r'anoraara Heights _ 2et Garden Grove o • -L-0 0 10 F I 0 ®e O O OJ ®10 O 'D V Jestminster ® o O ��� 0 0 0 D9 CD Q ORCHAR r lidwav City • 0- O 00 HILLS 00 nO OO O McF&eO 0 O O 0 O O o 5 8°0 o B 00 0 0 !%2 Oce-vi— O 0 0 g EA5TN, C�C�t5 • � Q VALNUI NORTHWOO© 1.1—tyPerk Founta- O 0 0 08 cc ; Valley _ ® o 4vN 0079- � 1 stpn O E d6 G, a : _ ttacts on the map that are outside the city lines have confirmed city ties 2023 Mapbox © OpenStreetMap Conclusion: While street outreach efforts in Santa Ana are systematic, coordinated, and comprehensive, it is important to understand that it often takes many contacts in the field before an individual accepts services. This is often frustrating for community members who mistakenly assume that a call to outreach teams or SAPID directly correlates with the individual no longer on the streets either through incarceration or shelter. Outreach workers, including SAPD/QOLT, cannot force an individual into shelter, nor take an individual to jail without reason. Additionally, shelter, for some, will never be a viable option. Mental health disorders, including a lack of treatment for the most seriously mentally ill, causes the kind of delusions and irregular behavior that make living in a shelter untenable. For these individuals, it is the persistent outreach and encouragement by outreach workers that may lead to mental health or substance abuse treatment, or a permanent housing option. To achieve the best response from outreach services, it is essential to deploy the correct street outreach team. City Council 9-8 10/17/2023 EXHIBIT 1 Memorandum: CityNet 2023 Evaluation Page 7 CityNet/SMART has proven to be an effefctive outreach mechanism for the City of Santa Ana that meets and exceeds program contractual goals. It is recommended that the City of Santa Ana exercise its first contract extension with CityNet for SMART. Respectfully Submitted, Ken Gominsky Homeless Services Manager City Council 9-9 10/17/2023 Community Development Agency www.santa-ana.org/community-development Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Fiscal Year 2023-24 Homeownership Initiatives AGENDA TITLE Authorize Issuance of the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities; Approve an Update to the Down Payment Assistance Program Guidelines; Allocate Additional Funds to Down Payment Assistance RECOMMENDED ACTION 1. Authorize the City Manager to issue a Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to solicit proposals for affordable ownership project(s) in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program. 2. Authorize the City Manager to update the City's Down Payment Assistance Program to include City's high school loan forgiveness incentive and increase the maximum debt -to -income ratios. 3. Approve an Appropriation Adjustment to recognize $762,979.40 in CalHome Program Re -use Funds and $1,527,020.60 in Inclusionary Housing Funds and appropriate these additional funds to the Down Payment Assistance Program. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATION At its regular meeting on September 27, 2023, the Community Development Commission amended the Down Payment Assistance Program Guidelines to include trade schools with 4-year colleges and recommended approval of the Recommended Action by a vote of 4:0 (Martinez, Padilla and Rios -Pacheco absent). DISCUSSION Homeownership can be a way that a family can build generational wealth. As a family makes mortgage payments and their home value appreciates over time, they build equity in their property. This equity can be passed on to their heirs when they sell the home or through an inheritance. There are various other benefits to homeownership including stability and security, tax benefits, and pride. Buying a home is the lifelong City Council 10 — 1 10/17/2023 Fiscal Year 2023-24 Homeownership Initiatives October 17, 2023 Page 2 goal of many renters. For the first time ever in the history of the City of Santa Ana, staff is recommending approval of over $10 million in affordable housing funds for homeownership opportunities. This is the largest one-time investment in affordable homeownership in the City of Santa Ana ever made. This investment will be allocated between developing new homeownership opportunities ($7.7 million) and the City's Down Payment Assistance Program ($2.3 million). The following discussion describes this investment in greater detail. RFP for Affordable Homeownership Opportunities Under Section III of the Affordable Housing Funds Policies and Procedures amended by City Council on August 18, 2020, the Community Development Agency, upon City Council approval, will issue a Request for Proposals (RFP) for available funds. The RFP will be open and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal. As such, staff is requesting authorization to release the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities (Exhibit 1). The available funds for this RFP include $7,796,256 in funds available in the HOME Investment Partnerships (HOME) Program for affordable homeownership opportunities. The RFP will be restricted to projects that will provide affordable homeownership opportunities. Available program funds may be used for affordable housing development loans for the following eligible purposes: (1) The purchase of existing multi -family or other buildings for sale to low- and moderate -income households. (2) The purchase or lease of land and buildings for new construction. (3) The development of limited -equity housing cooperatives through either conversion or new construction. (4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not limited to: a. Site acquisition and preparation b. Rehabilitation of dwelling units, common areas, and related structures c. New construction d. Carrying charges and financing fees e. Architectural, legal, and organizational fees f. Temporary or permanent tenant relocation costs Land Assets Owned by the Housing Authority Staff is also including a land asset currently held by the Housing Authority in this RFP. This will be the fourth time this land asset has been included in an RFP. The proposed development of the property would be solely for the development of affordable homeownership. The land asset owned by the Housing Authority and available for development under this RFP is as follows: (1) 2101 N. Spurgeon Street a. APN:003-122-25 City Council 10 — 2 10/17/2023 Fiscal Year 2023-24 Homeownership Initiatives October 17, 2023 Page 3 b. Lot Size: 27,817 square feet c. Current Zoning: R1 Single -Family Residence, which allows one house per lot d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway -widening project. The site was vacant and undeveloped at the time it was acquired f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses g. Maximum du/ac: Seven units per acre h. Site Condition / Environmental Conditions: Property is irregular in shape, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit Dependent on the proposal's financial parameters, staff is amenable to conveying the land asset for $1. Staff is currently monitoring legislative amendments to the Surplus Land Act. If this legislation is not signed by the Governor, staff may remove the land asset from the RFP by issuing an addendum. With approval by City Council, the RFP for Affordable Homeownership Opportunities will be issued on October 18, 2023. The first deadline for the RFP will be on Friday, December 15, 2023 and the second deadline will be on Monday, April 1, 2024. The RFP will be published on the City's website, a public notice will be published in the OC Register, an e-mail will be sent out to Orange County's largest affordable housing membership associations including the Kennedy Commission, 2-1-1 Orange County, and the Southern California Association of Nonprofit Housing, and a letter will be e- mailed to interested developers and nonprofit organizations who had previously requested to be informed of development opportunities on the Community Development Agency's RFP database. Developers and nonprofit organizations interested in being added to the RFP Database can do so by contacting the City's Housing Division. After each deadline, staff will conduct a minimum threshold review of each proposal to ensure the proposal complies with all of the minimum requirements in the RFP. Following the minimum threshold review, staff will form a Review Panel that consists of at least one employee from the City of Santa Ana Public Works Agency, Planning and Building Agency, and Community Development Agency, and one outside agency or government entity. If an employee is not available in one department, a second employee may be requested from one of the other two departments so long as there are at least two of the three City Agencies represented on the Review Panel. Staff will also have a real estate financial advisor on the Review Panel. In compliance with the City's Affordable Housing Funds Policies and Procedures, the Review Panel will use the proposal Scoring and Selection Criteria from the RFP to conduct their review and analysis of each proposal. The Scoring and Selection Criteria includes additional points for projects that will serve veterans, teachers, and first responders. City Council 10 — 3 10/17/2023 Fiscal Year 2023-24 Homeownership Initiatives October 17, 2023 Page 4 Update to the Down Payment Assistance Program On November 2, 2021, the City Council approved an update to the Down Payment Assistance Program. The City Council also allocated $1.2 million in Inclusionary Housing Funds to expand the program. Since that last update, staff has awarded over $2,240,000 in down payment assistance for 21 families to purchase a home in Santa Ana. This includes $800,000 in Inclusionary Housing Funds and $1,440,000 in Community Development Block Grant (CDBG) Program funds. Staff proposes to update the Down Payment Assistance Program again and allocate additional funds because more families have been assisted in the last two years with down payment assistance than in the previous ten years combined. College Graduate, Veteran, and Active Military Incentive The first update to the program is for the City's high school loan forgiveness incentive. Currently the incentive is that prospective homebuyers who graduated from a high school located in the City and have a 4-year college degree are eligible for loan forgiveness. Under the loan forgiveness incentive, $10,000 will be forgiven every five (5) years over a 20-year period up to a maximum of $40,000. Staff is recommending an update that prospective homebuyers who also had a Santa Ana address while attending any high school and have a 4-year college or trade school degree are eligible for this loan forgiveness incentive. Staff is also recommending that U.S. Military Veterans and Active Duty Military will be eligible for this loan forgiveness incentive up to $40,000. Increase Debt to Income Ratio per Recent Underwriting Standards The second update to the program will be an increase to the maximum debt -to -income ratios. Currently the program allows a maximum debt -to -income ratio of 38/43 percent, which in today's lending market is considered conservative. This means that the buyer's prospective mortgage payment cannot exceed 38 percent of the household's gross monthly income, and all of the household's monthly debt payments (inclusive of the prospective mortgage payment) cannot exceed 43 percent of their gross monthly income. This ratio ensures that a buyer is not paying an excessive amount of their income toward their mortgage and other debt payments, which would increase their risk of foreclosure. Staff is proposing to increase the maximum debt -to -income ratio to 40/45 percent to align with today's underwriting standards and lower this barrier for families. With these two updates, staff is confident that more homebuyers will be able to qualify for the Down Payment Assistance Program. These updates are reflected in the Down Payment Assistance Program Guidelines attached as Exhibit 2. To launch the updated Down Payment Assistance program, staff will market these new guidelines and conduct additional outreach to prospective homebuyers. Staff will begin providing one (1) City -run workshop every month on the Down Payment Assistance Program. This will be in addition to the outreach, workshops, and events staff is continuously invited to on a monthly basis, which includes a monthly workshop with NeighborWorks Orange County. Additional marketing will include: City Council 10 — 4 10/17/2023 Fiscal Year 2023-24 Homeownership Initiatives October 17, 2023 Page 5 1. Social media posts highlighting the updated program guidelines to the City's social media pages and promoting the monthly workshops; 2. Mass mailings to Santa Ana residents; and 3. Global e-mails to City employees, Santa Ana Unified School District employees, and County of Orange employees. Additional Funds for Down Payment Assistance On May 2, 2023, City Council approved $300,000 in CDBG Program funds for the Down Payment Assistance Program for FY 2023-24. In addition, the City has $410,000 remaining in Inclusionary Housing Funds that were allocated by City Council on November 2, 2021. Staff is now seeking approval to allocate an additional $2,290,000 by recognizing and appropriating $762,979.40 in CalHome Program Re -use Funds and $1,527,020.60 in Inclusionary Housing Funds. This will provide a total of $3 million in funds for the Down Payment Assistance Program. Regarding the CalHome Program Re -use Funds, in the past the City received funding from the State of California Department of Housing and Community Development (HCD) CalHome Program to fund a CalHome Rehabilitation and Manufactured Home Replacement Program. Under the CalHome Rehabilitation and Manufactured Home Replacement Program, the funds were used to offer deferred payment, thirty-year (30- year) rehabilitation loans with zero percent (0%) interest rates to low-income owner occupants of manufactured homes and single-family homes. Over the years, CalHome loan payoffs totaling $762,979.40 have been received and deposited into the CalHome Re -use account including interest. The State of California HCD recently approved the City to begin using these remaining funds for the Down Payment Assistance Program. In order to maximize the City's investment in the Down Payment Assistance Program, staff is recommending to allocate these CalHome Program Re -Use Funds together with $1,527,020.60 in Inclusionary Housing funds. In total, the $7.7 million RFP for Affordable Homeownership Opportunities and additional $2.3 million for the Down Payment Assistance Program will make available over $10 million for homeownership, which is the largest one-time investment in affordable homeownership opportunities in the City of Santa Ana. FISCAL IMPACT Approval of the appropriation adjustments will recognize $762,979.40 in the CalHome Program Re -use funds Prior Year Carry -Forward (account no. 14318002-50001) and $1,527,020.60 in the Inclusionary Housing funds Prior Year Carry Forward (account no. 41718002-50001). Any unspent funds at the end of the current fiscal year will be included in future -year carry -forward for City Council consideration. The expenditure plan is as follows: City Council 10 — 5 10/17/2023 Fiscal Year 2023-24 Homeownership Initiatives October 17, 2023 Page 6 Accounting Fund Accounting Fiscal Year Unit -Account Description Unit, Account Amount Description 14318763- CalHome CalHome Owner 69152 Program Occupied, Loans $762,979.40 FY 2023-24 & Grants (July —June) 41718820- Inclusionary Inclusionary 69152 Housing Fee Housing, Loans $1,527,020.60 & Grants Total $2,290,000 The above spending plan is only an estimate and is subject to change. EXHIBIT(S) 1. FY 2023-24 RFP for Affordable Homeownership Opportunities 2. Down Payment Assistance Program Guidelines Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Assistant City Manager City Council 10 — 6 10/17/2023 EXHIBIT 1 REQUEST FOR PROPOSALS RFP # 23-156 AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Claudia Fernandez -Shaw Housing Programs Analyst Tel: (714) 667-2265 cshaw(aD_santa-ana.org KEY RFP DATES: Issue Date: First Review of Proposals: Second Review of Proposals: Wednesday, October 18, 2023 Friday, December 15, 2023 Monday, April 1, 2024 City of Santa Ana Community Development Agency Request for Proposals for Affordable Homeownership Opportunities City Council 10 — 7 10/17/2023 EXHIBIT 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms (Developers/Proposers) for the development of affordable homeownership opportunities in the City of Santa Ana. The RFP Process will be open ("Open RFP Process") and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal in response to the RFP announcement. The first review of proposals will be December 15, 2023 and second review of proposals will be April 1, 2024. After each deadline, staff shall review the Proposals to determine that the minimum Program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form a Review Panel. The Review Panel for the RFP Process will consist of at least one employee from the City of Santa Ana Public Works Agency, Planning and Building Agency, and Community Development Agency, and one outside agency or government entity. If an employee is not available in one department, a second employee may be requested from one of the other two departments so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided in the RFP, the Review Panel shall determine whether the proposal is recommended for an award in the form of a pre -loan commitment. Using the scoring and selection criteria, the Review Panel shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. If the Review Panel determines, in its discretion, that the proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City of Santa Ana and paid for by the Proposer. The real estate advisor shall confirm the underwriting for the project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the proposal will not be recommended for approval or an award of funds, the Proposer will be notified in writing of the decision. It is the responsibility of the Proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Any questions regarding this Request for Proposals shall be made in writing via e-mail to Claudia Fernandez -Shaw, Housing Programs Analyst, at cshaw(c-Dsanta-ana.org. MAILED, DELIVERED BY HAND, OR COURIERED PROPOSALS WILL BE ACCEPTED AS FOLLOWS: City of Santa Ana Claudia Fernandez -Shaw, Housing Programs Analyst Community Development Agency 20 Civic Center Plaza, Sixth Floor Santa Ana, CA 92701 PLEASE DO NOT E-MAIL RFP RESPONSES. City of Santa Ana Community Development Agency Request for Proposals for Affordable Homeownership Opportunities City Council 10 — 8 10/17/2023 EXHIBIT 1 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES PAGE I. INTRODUCTION 4 II. SCOPE OF WORK 5 III. GENERAL INFORMATION 6 IV. COORDINATION 6 V. DEVELOPER RESPONSIBILITIES 6 VI. CITY BUSINESS LICENSE 7 VII. UNIQUE ENTITY ID 7 VIII. RULES FOR PROPOSALS 7 IX. PRE -PROPOSAL MEETING 7 X. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 7 XI. ADDENDA 7 XII. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 7 XIII. MINIMUM QUALIFICATIONS 7 XIV. SUBMITTAL REQUIREMENTS 8 XV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION 12 XVI. PUBLIC RECORDS 13 XVII. FILING A PROTEST 14 EXHIBIT A SCOPE OF WORK Attachment 1 Early Outreach Community Meeting Attachment 2 City of Santa Ana Rehabilitation Standards 15 23 24 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 32 EXHIBIT C PROPOSAL CONTRACT AND AGREEMENT: PROPOSER'S STATEMENT 33 EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT: CERTIFICATION OF NONDISCRIMINATION 34 EXHIBIT E PROPOSAL CONTRACT AND AGREEMENT: NON -COLLUSION AFFIDAVIT 36 EXHIBIT F PROPOSAL CONTRACT AND AGREEMENT: COMMITMENT TO ENTER INTO MOU 37 EXHIBIT G CITY OF SANTA ANA MAP OF OPPORTUNITY ZONES 38 EXHIBIT H HOUSING AND COMMUNITY DEVELOPMENT NOFA CALENDAR 43 EXHIBIT I COMMUNITY OUTREACH GUIDELINES 44 City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 310 — 9 10/17/2023 EXHIBIT 1 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES I. INTRODUCTION The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing this Request for Proposals (RFP) for the development of affordable homeownership opportunities in the City. Proposed developments may be for acquisition and rehabilitation of eligible properties for ownership housing units; acquisition and conversion of non-residential property to ownership housing units; and/or new construction of housing units for ownership housing. Priorities and Objectives: In particular, the City is interested in furthering the following priority through this RFP: Projects that will provide affordable homeownership opportunities Available Funds for this RFP: The available funds for this RFP include funds available in the HOME Investment Partnerships Program (HOME). Available program funds may be used for development loans for the following eligible purposes: 1) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs for homeownership projects. 2) The purchase of existing multi -family or other buildings that result in the sale of units to low- and moderate income households. 3) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to: a. Site acquisition and preparation; b. Rehabilitation of dwelling units, common areas and related structures; c. New construction; d. Carrying charges and financing fees; e. Architectural, legal, and organizational fees; f. Temporary or permanent tenant relocation costs. Please refer to the Affordable Housing Funds Policies and Procedures amended by City Council on August 18, 2020 for more information. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp r)ppnrti inifiac City Council Page 410 — 10 10/17/2023 EXHIBIT 1 As of the date of issuance, the Available Funds for this RFP will be as follows, subject to change: HOME Investment Partnerships Program (HOME) $7,796,256 Land Asset Owned by the Housing Authority: The Housing Authority of the City of Santa Ana acting as the Housing Successor Agency (Authority) is also issuing this RFP for the development of land currently held by the Authority within the City of Santa Ana. The proposed disposition and development of the property would be solely for the development of affordable housing in accordance with requirements for an exemption from the California Surplus Land Act (Gov. Cody section 54220 et seq.). The Land Asset owned by the City and Housing Authority that is available for development under this RFP are as follows: (1) 2101 N. Spurgeon Street (also identified as 302 E. 22"d Street) a. APN:003-122-25 b. Lot Size: 27,817sf c. Current Zoning: R1 Single -Family Residence, which allows one house per lot. d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway - widening project. The site was vacant and undeveloped at the time it was acquired. f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses. g. Maximum du/ac: Seven units per acre. h. Site Condition / Environmental Conditions: Property is irregular in shape and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit. The City and Authority currently owns this land asset. Dependent on the proposal's financial parameters, the City and Housing Authority are amenable to conveying the land asset for $1.00. Respondents should assume that the City and Authority owned parcels will be conveyed, in an as -is condition. The Authority is currently monitoring legislative amendments to the Surplus Land Act. If this legislation is not signed by the Governor, the Authority may remove this property from the RFP by issuing an addendum. II. SCOPE OF WORK The Scope of Work will include any and all work efforts related to the development of affordable homeownership opportunities per EXHIBIT A - SCOPE OF WORK. Available funds can be used for a variety of housing types and preferences. Please see the table below for the general allowable uses of funds for each source. Please see Exhibit A for a more detailed description of the eligible uses for each source. L O� L � OO E m C 0� V1 E IO ION O V fn W C In d p +. ;n ++ Source of Funds co E 3 E 3 � c V a o > O) 3 3 U m 0 o d •N ZV xa Q as0 (D HOME Program Funds X X X X X X City of Santa Ana Community Development Agency Rani iact fnr Prnnncnk fnr Affnrrlahla Nnman%Ainarchip Qppr)rfi inifiac City Council Page 510 —11 10/17/2023 EXHIBIT 1 The Developer shall be an independent developer capable of providing experienced, knowledgeable and professional staff. The Developer shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Developer shall provide adequate staffing levels at all times and adhere to established schedules. The Developer shall be knowledgeable of and comply with federal, state and local laws, including the Santa Ana Municipal Code, as it applies to their proposal. III. GENERAL INFORMATION A. Following the RFP Process and conditional on meeting other requirements and conditions, a pre -loan commitment letter may be drafted by the Housing Division, reviewed and approved by the Housing Division Manager, the City Attorney's Office, and the Executive Director of Community Development, before being recommended for approval by the City Council. The letter shall state the maximum amount of program funds and/or land asset reserved for the project and list all of the additional conditions, documents and steps that must be taken by the Developer prior to loan closing. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Developer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of any proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed or produced during response preparation to the RFP will become property of the City. All responses to the RFP shall become property of the City. The City will make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace or approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the Developer and the City shall assume no liability for such subcontractors. IV. COORDINATION Coordination by the awarded Developer with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Development Commission meetings or City Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the Developer's direct contact, by the Developer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated with the City. V. DEVELOPER RESPONSIBILITIES The selected Developer will assume responsibility for all aspects of the development, and for insuring that the project is developed and operated in accordance with applicable state and federal laws. The City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%mPn%Ainarchmp r)ppnrti inifiac City Council Page 610 — 12 10/17/2023 EXHIBIT 1 selected Developer will ensure that the project is developed and operated in accordance with the City laws, regulations, and planning and development process. VI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. VII. UNIQUE ENTITY ID A SAM.gov registration is required for any entity to bid on and receive payment for federal contracts or to receive federal funds. These include for -profit businesses, nonprofits, government contractors, government subcontractors, state governments, and local municipalities. VIII. RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit E). IX. PRE -PROPOSAL MEETING The City will not have a pre -proposal meeting for this RFP. X. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Work. Every request for such an interpretation must be made in writing via e-mail to Claudia Fernandez -Shaw, Housing Programs Analyst, at cshaw(a-_)santa-ana.org. Significant interpretations or clarification will be provided in the form of a Questions and Answers Addendum and sent directly to the Developer who requested the interpretation or clarification. 1:1�_1QQ=1L4IIM If clarification or interpretation of this RFP is considered necessary by the City, a written Questions and Answers Addendum shall be updated and provided directly to the Developer(s) who asked the question(s). XII. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the dates, times and location set forth on the Notice Inviting Proposals. Faxed and e-mailed proposals will not be accepted. XIII. MINIMUM QUALIFICATIONS Proposers shall have a minimum of five (5) years recent experience in the development of affordable housing projects similar to their proposed project. City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 710 — 13 10/17/2023 EXHIBIT 1 XIV. SUBMITTAL REQUIREMENTS Proposers shall submit seven complete hard copies of their proposal, and one additional electronic copy on a USB flash drive. All seven copies of the proposal must include a signed cover letter. This cover letter must include a declaration that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full authority to bind the proposer. It must also include an email address and contact information for the signer. All proposal submissions shall be on 8-1/2" x 11" white paper. All project proposals must contain the following minimum submission requirements: 1) Statement of Qualifications (SOQ). The SOQ must include the following components: Developer Team. An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the developer is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as a 501(c)3 tax exempt non-profit corporation, and is in good standing with both state and federal compliance. If the developer is a Community Housing Development Organization (CHDO), the SOQ must include documentation that the developer can be certified as a CHDO for the City of Santa Ana. The Developer needs to identify if any contractor(s) and/or subcontractor(s) are a subsidiary to any member of the development team. • Developer Experience. A narrative describing recent affordable homeownership residential development experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed. o Include project name and type (special needs, senior, large family, etc.), project address, developer team members, unit count and bedroom type, affordability requirements, and funding sources in your description. o Include a description of your experience doing community outreach and capacity including resources, staffing, and available funding. • Financial Capacity. Description of the developer's financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of the proposed project. o Include a description of current relationships with major lending institutions. o Any developer that is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential. References. Include a list of at least three references from public agency partners and professional lenders/investors with full names, contact information, and identification of the project(s) worked on. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahle Nnman%Ainarchip Qppr)rfi inifiac City Council Page 810 — 14 10/17/2023 EXHIBIT 1 • Page Limit. SOQs must be limited to a maximum of 25 pages, excluding front and back covers, section dividers, and exhibits. 2) Project Description. Detailed and concise narrative describing the proposed project, including at a minimum and as appropriate the development concept for the site or a description (with photographs) of the building to be acquired or developed, proposed building square footage, number of units and bedrooms per unit, total parking spaces, proposed ingress and egress, proposed affordability levels, any special needs groups or target population to be served, and amenities to be provided onsite. If there will be a Homeowner's Association (HOA), describe in detail how the HOA will be managed and provide the name of the proposed Management Company. Please make sure to include the following: • Narrative description of the project and conceptual site plans if available. o Site size and location. o Total gross building area (GBA), as well as a breakdown of: ■ Residential GBA; ■ Circulation/Common Area GBA; and ■ Retail GBA. • Residential unit mix: o Number of units of each bedroom type by affordability level; o Unit square footage by bedroom type; and • Common area amenities to serve the residential development. • List of anticipated retail tenants (if applicable). • Parking: o Total number of spaces proposed: o Number of spaces dedicated to the residential uses; and o Number of spaces dedicated to other uses. o Number and square footage of parking spaces provided by type: ■ Above -ground; ■ Surface; and ■ Subterranean. For all projects, the narrative must also address site control, current zoning and any required zoning changes, anticipated development costs, City funds required, requested City loan terms, developer access to additional funds required for the project, and proof that the property is under contract. A site map showing the project's location should accompany this narrative. 3) Development Pro Forma. Identify the sources and uses of all funds necessary to complete the project. The pro forma should identify important underlying assumptions applicable to the proposed project. The cost estimates in the Sources and Uses budget should assume the payment of Davis - Bacon prevailing wages, compliance with the City's Community Workforce Agreement, and relocation benefits, if applicable. The pro forma must include a calculation of the return on investment to the developer. Please make sure to include the following, if applicable: • Land Costs: o The property assemblage costs should include the following if applicable: acquisition costs, relocation costs, demolition costs, and closing costs. The developer should include an appraisal and the proposed purchase and sale agreement (if available). • Construction Costs: o Identify whether the direct cost estimate reflects a premium for labor requirements, including prevailing wages, Davis -Bacon, and compliance with the City's Community City of Santa Ana Community Development Agency Rani fact fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirL� nrti initiac City Council Page 910 — 15 10/17/2023 EXHIBIT 1 Workforce Agreement. Provide a direct construction cost breakdown (include a contractor's detailed estimate, if available) that disaggregates the following information: o Off -site improvements; o On -site improvements; o Parking costs; o Residential shell costs; o Community room/office space costs; o Commercial space shell costs; o Commercial space tenant improvement costs; o General conditions; o Contractor fees; and o Direct cost contingency allowance. Provide a breakdown of the project's indirect costs such as: o Architecture, engineering and consulting fees; o Public permits and fees costs including all city fees, school district fees, impact fees and any other fees that would be assessed on the projects; o Taxes, legal and accounting costs; o Insurance costs; o Marketing costs; o Development management fee; and o Indirect cost contingency allowance. Provide the following financing cost information: o Predevelopment/bridge loans (loan amounts, interest rates, length of term and projected average outstanding balance of loan funds during predevelopment/construction); o Construction loans (loan amounts, interest rates, length of term and projected average outstanding balance of loan funds during predevelopment/construction); o Loan fees; o Amount of cash equity contribution and the return requirement on these funds during the construction period; o Capitalized reserves. • Provide the proposed sales prices for the units. Financial Parameters o Equity contribution: ■ Quantify the equity contribution to be provided with cash during construction, and the amount of cash equity that will be left in the project on a permanent basis. ■ Identify the funding source that will be used to refund any construction period equity that is to be returned to the developer upon the completion of construction. ■ Define the preferred return requirements applied to the cash equity funds provided to the proposed project. o Describe the other proposed governmental subsidies (City of Santa Ana, etc.). If assuming a competitive funding source, provide an estimate of how the project scores in the identified funding competitions. o Describe the terms under which any deferred developer fee will be repaid. • Public Assistance Terms City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hlnman%Ainarchmp r)ppnrti inifiac City Council Page 100 — 16 10/17/2023 EXHIBIT 1 o Identify any responsibilities that will be requested of the City of Santa Ana. 4) Projected Sales Prices. Please include the following information related to proposed market rate and affordable sales prices: • Market Rate Sales Prices: o Provide the proposed market sales prices for each unit type; o Include evidence that the market rate sales prices shown in the pro forma are reasonable and achievable. Please include a preliminary market study analysis that demonstrates that the sales prices are achievable. Affordable Sales Prices: o Provide the proposed affordable sales prices for each proposed income level by unit bedroom type. o Provide the assumptions utilized for the affordable sales price calculations including: ■ Proposed income limits; ■ Utility allowances; ■ HOA, insurance and maintenance allowances; and ■ The Interest rate assumed for the homebuyer first trust deed mortgages. 5) Community Inclusion. • Describe how neighborhood input was solicited and utilized in the development of your proposal. Specifically, provide a description of any community outreach efforts that you undertook to inform the development of your proposal, including early outreach meetings with local stakeholders, outreach to the Santa Ana Unified School District, engagement with local neighborhood associations, letters of support requested or received from local community groups, and any commitment to donate a portion of your developer fee to a project or initiative in the surrounding neighborhood. • Provide details on the development team's community outreach strategy for the project. Describe the steps you will take after approval of your pre -loan commitment letter to ensure maximum feasible participation of local low-income residents and businesses in the development of the project. Describe how the project will be developed and operated so as to ensure compliance with all relevant components of the Americans with Disabilities Act. Please refer to the Community Outreach Guidelines in Exhibit I for additional guidance. 6) Proposed Development Schedule. Taking as a starting point City Council approval of the pre - loan commitment letter, provide a proposed development schedule that includes the following milestones at a minimum: site acquisition, additional required loan commitments and funding from all other funding sources, zoning change approvals (if necessary), preparation and approval of construction plans, start of construction, completion of construction, and sale of the units. 7) Current Tenants. Provide a listing of all tenants currently residing in the units, if applicable. 8) Proposer shall complete and return the following Exhibits attached herewith: • Exhibit B — Additional Insured Endorsement for Commercial General Liability Policy (Not required until after Developer selection) • Exhibit C — Proposer's Statement • Exhibit D — Certification of Nondiscrimination City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla Nnman%Ainarchip Qppr)rfi inifiac City Council Page 110 — 17 10/17/2023 EXHIBIT 1 Exhibit E — Non -Collusion Affidavit • Exhibit F — Commitment to Enter into Memorandum of Understanding with the Santa Ana Work Center The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. XV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION After each deadline for the Open RFP Process, staff shall review any proposal(s) to determine if the minimum program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form a Review Panel. The Review Panel for the RFP Process will consist of at least one (1) employee from the City's Public Works Agency, Planning and Building Agency, and Community Development Agency, and one (1) outside agency or government -entity. If an employee is not available in one City Agency, a second employee may be requested from one of the other two City Agencies so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided below, the Review Panel shall determine whether the proposal is recommended for a pre -loan commitment. Using the scoring and selection criteria, the Review Panel shall also review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. If the Review Panel determines, in its discretion, that the Proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City and paid for by proposer. The real estate advisor shall confirm the underwriting for the Project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the Proposal will not be recommended for approval, the Developer will be notified in writing of the decision and the result will be published in the Housing Division Quarterly Report. Each member of the Review Panel will evaluate and rank each proposal using the evaluation criteria listed below: COMPETITIVE SELECTION CRITERIA 1. LEVEL OF AFFORDABILITY AND TARGET POPULATION ELIGIBLE (Max. 25 Points) POINTS Project significantly increases affordable homeownership opportunities for 10 large families (three- and four -bedroom units) Project provides at least 50% or more of the units for low-income families at 80% Area Median Income (possible points based on a tiered scoring — 10 pts. 10 for 120% Area Median Income, 5 pts.) Project increases affordable housing opportunities for specific populations including, but not limited to, veterans, teachers and police officers and 5 families, and persons with a disability Sub -total 25 2. TIMELINESS TO BUILD NEW HOUSING (Max. 20 Points) Project has demonstrated site control 7 Project is zoned appropriately 5 Project does not have any other site -related issues 5 City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hlnman%Ainarchmp Qppnrh initiac City Council Page 120 — 18 10/17/2023 EXHIBIT 1 Project aligns with the City's Housing Element, Strategic Plan, and/or 5-Year Consolidated Plan 3 Sub -total 20 3. SALES EXPERIENCE AND SHILLS (Max. 15 Points) Project is energy efficient and incorporates green -building techniques 6 Applicant's ability to income qualify prospective homebuyers in compliance with all applicable affordability requirements 3 Applicant's past experience in the sale of affordable units 3 Applicant's capacity and ability to quickly sell completed units 3 Sub -total 15 4. DEVELOPER EXPERIENCE AND SHILLS (Max. 15 Points) Applicant's experience in obtaining additional financing 5 Applicant's capacity and ability to obtain entitlements 5 Applicant's overall past and projected effectiveness to provide affordable homeownership housing 5 Applicant's past and projected effectiveness to manage the construction process and stay on schedule 5 Sub -total 20 5. LEVERAGING OF CITY FUNDS (Max. 5 Points) Applicant's potential or capacity to obtain additional financing for this project 5 Sub -total 5 6. ANTICIPATED FINANCIAL PARAMETERS (Max. 10 Points) Project's proposed development costs are reasonable and comparable 5 Project's proposed sales prices are realistic 5 Sub -total 10 7. COMMUNITY INCLUSION (Max. 5 Points) Project demonstrates how neighborhood input was solicited and utilized in the development of the proposal including any community outreach efforts; or project provides details on the development team's community outreach strategy for the project. 10 Sub -total 10 BONUS POINTS: Developer commits to donate a portion of their developer fee to a project or initiative in the surrounding neighborhood 10 TOTAL ELIGIBLE POINTS 110 XVI. PUBLIC RECORDS Proposals will become public record after submission of the proposal. Interested proposers may submit a written request to receive the results of the evaluation. The City will make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Claudia Fernandez -Shaw, Housing Programs Analyst, 20 Civic Center Plaza M-26, Santa Ana, CA 92701. City of Santa Ana Community Development Agency Po ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 130 — 19 10/17/2023 EXHIBIT 1 XVIL FILING A PROTEST In the event of a dispute of the decision of the Review Panel, proposers may file a "protest" with the City's Community Development Agency. In order for a proposer's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of notification of rejection; 2. Clearly identify the specific irregularity or allegation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City Manager, or his/her designee, shall review the basis of the protest and all relevant information. The City Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The decision from the City Manager, or his/her designee, is final and no further appeals will be considered. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hlnman%Ainarchmp r)ppnrti inifiac City Council Page 140 — 20 10/17/2023 EXHIBIT 1 EXHIBIT A — SCOPE OF WORK CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES I. INTRODUCTION In order to meet the City's goals, the City is soliciting proposals for the development of affordable homeownership projects from developers who are experienced, very knowledgeable of affordable housing programs and its requirements, financially creative and capable of developing, managing and maintaining high quality housing. The selected developer must have a demonstrated history of working cooperatively with surrounding neighborhoods in all phases of project development. Both nonprofit and for profit developers are eligible to apply, either individually or in partnership with other entities. Developers who can demonstrate the capability to make other funds a significant part of the financing mix for their proposed project will score higher in the selection process than those who cannot. The funding and property data provided in this RFP is not guaranteed, and the availability of such funding or properties is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of the proposed funding and properties for any particular applicant or project. The submission of a proposal in response to this RFP does not commit the City to providing any funding or land asset to a proposed project. The City reserves the right to determine at its sole discretion how to sell available properties, if at all. II. DEVELOPMENT PRIORITIES Both the Strategic Plan and the City's Housing Element identify affordable ownership housing suitable for larger households as a high priority for the City. In addition, the City of Santa Ana will be targeting low-income and moderate -income households within the city, veterans, teachers, fire fighters and/or large families. One of the primary rating criteria is the depth of homeownership. The City desires proposed projects to have dedicated units for low-income families earning no more than 80% Area Median income (AMI). Project design and construction will be subject to and carried out in accordance with established City standards and procedures. In accordance with the City's Early Outreach policy (Attachment 1), the selected developer may be required to solicit significant neighborhood input during the design process. Priorities and Objectives: In particular, the City is interested in furthering the following priority through this RFP: Projects that will provide affordable homeownership opportunities. In addition, the City recommends: 1) Review Exhibit G — City of Santa Ana Map of Opportunity Zones to determine if your proposed project can leverage this potential source of private investment in your project. 2) Review Exhibit H — HCD NOFA Calendar to determine a path forward where you can most effectively leverage funds from HCD for your project. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp r)ppnrti inifiac City Council Page 150 — 21 10/17/2023 EXHIBIT 1 III. HOME INVESTMENT PARTNERSHIPS PROGRAM Source of Funds Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME Program (including program income), and therefore is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time. Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects Projects eligible for HOME funding shall: 1) be an affordable homeownership project located in the City of Santa Ana; 2) contribute to the achievement of the City's Strategic Plan and fair housing goals; 3) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself; 4) minimize tenant displacement; 5) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, and meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; 6) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project; and, 7) have at least 51 % of the project space be residential, if in a mixed -use project. Eligible Uses and Activities HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of single family ownership housing which is affordable to low-income households as defined by 24 CFR 92.2. HUD defines "Single Family Housing" as a one -to -four family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified Community Housing Development Organizations (CHDO's). New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including: 1) site acquisition; 2) site preparation costs (grading, filling, etc.); 3) financing costs as described in 24 CFR 92.206; 4) architectural, engineering, and other related soft costs; 5) the cost of extending or upgrading utilities to the site to support the proposed project; 6) construction costs; 7) relocation costs; and, 8) affirmative marketing and audit costs related to HOME program requirements. Rehabilitation costs eligible for HOME funding include: 1) project acquisition with or without rehabilitation; 2) financing costs, as described in 24 CFR 92.206; 3) architectural, engineering, or other design costs; 4) utility upgrade or extension costs; 5) costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hlnman%Ainarchmp Qppnrfi inifiac City Council Page 160 — 22 10/17/2023 EXHIBIT 1 months of demolition; 6) construction costs; 7) project audit costs; and, 8) affirmative marketing costs. Ineligible Uses and Activities The following costs are not eligible for HOME funding: 1) project reserve accounts for replacement or operating reserves, and operating subsidies; 2) payment of impact fees; 3) land banking; 4) emergency repair or weatherization programs; 5) commercial properties; 6) temporary shelters; or 7) project -based rental assistance. Qualification as Affordable Homeownership Housing N 92.254) HUD considers Affordable Homeownership Housing as housing that is for acquisition by a family that meets the following affordability requirements: • The housing must be single-family housing. • The housing must be considered modest housing with maximum purchase prices (inclusive of all subordinate loans) limited to the following: 2023 Maximum HOME Purchase Prices 1-Unit 2-Unit 3-Unit 4-Unit New Construction* $765,000 $979,000 $1,185,000 $1,468,000 Existing Homes* $765,000 $979,000 $1,185,000 $1,468,0000 *In 2023, the maximum HOME purchase prices for New Construction and Existing Homes are the same. Eliaible Homebuvers and Affordable Sales Prices The housing must be acquired by a homebuyer whose family qualifies as a low-income family, and the housing must be the principal residence of the family throughout the period described below. In determining the income eligibility of the family, the City will include the income of all persons living in the housing. The homebuyer must receive housing counseling. Each home must be sold at an affordable sales price, which will be less than the maximum HOME purchase prices described above. The affordable sales price must be based on the income limits published by HUD, and incorporate applicable housing expenses such as utilities, HOA fees, insurance, and property taxes. If there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with § 92.252. Periods of Affordability and Recapture Provisions The HOME -assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below: fninq the HOME Period of Afforda HOME Assistance per Unit or Buver I Length of the Affordabilitv Period City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp Qppnrfi inifiac City Council Page 110 — 23 10/17/2023 EXHIBIT 1 Less than $15,000 5 years $15,000 - $40,000 10 years More than $40,000 15 years The City incorporates a recapture requirement into written agreements and long-term affordability covenants for homebuyer assistance activities administered by the City as required by 24 CFR 92.254. For any homebuyer assistance activity implemented by subrecipients or CHDOs, this recapture requirement shall also be used. The amount subject to recapture is the direct HOME subsidy received by the homebuyer. Direct HOME subsidy includes the HOME investment that enabled the homebuyer to purchase the property. This includes down payment assistance, closing costs, or other HOME assistance provided directly to the homebuyer and/or the difference between the fair market value of the property (as determined by appraisal) and a reduced sales price attributable to HOME development assistance. The recapture provision ensures that the entire amount of the City's direct HOME subsidy to homebuyers is recaptured if the housing does not continue to be the principal residence of the family for the duration of the applicable period of affordability (e.g., the home is sold, the home is foreclosed, the assisted owner is no longer residing in the assisted residence, or for any other breach of the agreement with the City). The HOME -assisted homebuyer may sell their unit at any time during the period of affordability, to any willing buyer, and at the price the market will bear. The recapture provision requires that the City's direct HOME subsidy and any interest due under the HOME loan (that has not previously been repaid) is returned to the City from net proceeds first, subject to the limitation that if there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City may only recapture the net proceeds, if any. Net proceeds are defined as the sales price minus superior loan repayment (other than HOME funds), and any closing costs. In the event of a mortgage default, a provision in the written agreement and long-term affordability covenant stipulates that the City has the right of first refusal before foreclosure and may use additional HOME funds or other resources to acquire the housing in order to preserve the housing's affordability. Other Requirements Minimum Loan: All HOME investments must total not less than $1,000 multiplied by the number of HOME - assisted units in the project. Maximum Loan: The maximum amount of subsidy per unit shall not exceed the maximum allowed by HUD under the HOME program (24 CFR 92.250). The City will avoid unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. The Housing Division will use HUD's Cost Allocation Tool to identify the maximum subsidy per unit for each project. Property Standards: Housing that is assisted with HOME funds must meet, at a minimum, the City's Property Standards, including all applicable local, State and Federal codes and regulations. Newly constructed housing must also meet the current edition of the Model Energy Code published by the Council of American Building Officials. Substantially rehabilitated housing must meet the cost-effective energy conservation and effectiveness standards in 24 CFR 39. Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis -Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national City of Santa Ana Community Development Agency Rani ioct fnr Prnnncnic fnr AffrwriniLe hlnman%Ainarchmp Qppnrfi inifiac City Council Page 180 — 24 10/17/2023 EXHIBIT 1 origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non -construction costs. The City of Santa Ana has established a Community Workforce Agreement (CWA) with the goal of ensuring that the community is a part of the workforce on public works construction projects. The CWA applies to city -funded affordable housing projects, and imposes requirements on the project that will be enforced in any final agreement with the City. The Developer will be solely responsible for compliance with the CWA and ensuring any contractors comply with the CWA. Among other things, the CWA requires that all contractors working on CWA covered projects participate in a process for using local and skilled workers from the union hiring halls of the various construction trades. It is the contractor's responsibility to ensure that the project's craft hours are performed at least 30% by workers from Tier 1 and 2 ZIP codes and/or veterans and Building Trades Multi -Trade Craft Core Curriculum Pre -Apprenticeship Program graduates, regardless of where the live. Tier 1 ZIP codes are those comprising the City of Santa Ana and Tier 2 ZIP codes are those comprising Orange County. The local hire attainment will be calculated by dividing the hours reported as performed by local workers on Certified Payroll Reports by the total number of hours reported on Certified Payroll Reports. It is the prime contractor's responsibility to determine how to attain that goal. Although each subcontractor is not required to meet the goals, the project overall must meet it. Lead -based Paint: Housing assisted with HOME funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. For more information, please see 24 CFR Part 92. IV. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES L INSURANCE Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1) Commercial General Liability Insurance. Developer shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Developer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. 3) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Developer is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Developer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp r)ppnrti inifiac City Council Page 140 — 25 10/17/2023 EXHIBIT 1 The following requirements apply to the insurance to be provided by Developer pursuant to this section: a. Commercial general liability and business automobile insurance policies shall (a) name the City, Authority, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City and Authority; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit C. Developer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City and Authority upon execution of this Contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City and Authority. If Developer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City and the Authority with required proof that insurance has been procured and is in force and paid for, the City and Authority shall have the right, at the City's/Authority's election, to forthwith terminate the Contract. Such termination shall not affect Developer's right to be paid for its time and materials expended prior to notification of termination. Developer waives the right to receive compensation and agrees to indemnify the City and the Authority for any work performed prior to approval of insurance by the City and Authority. ii. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, Authority, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Developer's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Developer. iii. NOTICE City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe Nnman%Ainarchip Qppr)rfi inifiac City Council Page 200 — 26 10/17/2023 EXHIBIT 1 Any notice, tender, demand, delivery or other communication pursuant to this contract 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 facsimile or other telegraphic communication to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copy to: Housing Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Fax 714-667-2225 iv. TERMINATION The City and the Authority reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 1) In the event Developer fails or refuses to timely perform any of the provisions of the Agreement in the manner required, or if Developer violates any provision of the Agreement, Developer shall be deemed in default. City shall provide written notice of such default to Developer's Project Manager. Developer shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Developer's Project Manager. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Developer shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Developer's default. 2) This agreement maybe terminated without cause by City and/or Authority upon thirty (30) days written notice delivered to the Developer either personally or by mail. Upon termination, City and/or Authority shall pay to Developer that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. V. DEVELOPER OPTION FOR TERMINATION The Developer may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City or Authority. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City and/or Authority, Developer shall give the City and/or Authority thirty (30) working days to cure the alleged breach. VI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City shall City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp r)ppnrti inifiac City Council Page 210 — 27 10/17/2023 EXHIBIT 1 inform the Developer of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review. vii. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1) Developer shall perform all requirements under the contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2) Developer warrants that the performance of services under the contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of the contract. viii. ASSIGNMENT Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and/or Authority, and any such assignment, transfer; delegation or subcontract without the City's and/or the Authority's prior written consent shall be considered null and void. ix. JURISDICTION —VENUE The Contract will be executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of the Contract 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 the Contract. x. FINES The Developer shall be liable for all violation fines levied against the City and the Authority by State or Federal Agencies and the Courts. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe Nnman%Ainarchip Qppr)rfi inifiac City Council Page 220 — 28 10/17/2023 EXHIBIT 1 ATTACHMENT 1: EARLY OUTREACH COMMUNITY MEETING Information regarding the City's Early Outreach Community Meeting requirement can be accessed here: https://www. santa-ana. org/sunshine-ordinance-guide-to-community-meetings/ City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla I- r%man%Ainarchmp r)ppnrti inifiac City Council Page 230 — 29 10/17/2023 EXHIBIT 1 ATTACHMENT 2: CITY OF SANTA ANA REHABILITATION STANDARDS PREFACE The primary purpose of these standards is to address the quality of workmanship and materials expected, and to achieve consistency throughout the program activities administered by the City of Santa Ana. These standards are not intended to reduce or exclude the requirements of any federal, state or local codes, standards, ordinances and regulations that apply to residential rehabilitation. WORKMANSHIP All work shall be performed in a professional and workmanlike manner. The quality and durability of the work shall meet or exceed the standards established by the construction industry and various trades. MATERIALS & EQUIPMENT • All materials and equipment shall comply with and be installed in accordance with the manufacturer's requirements and all applicable codes, standards, ordinances and regulations. If a discrepancy occurs between the requirements, the more stringent shall prevail. • Unless otherwise specified, all materials and equipment shall be medium grade. • Economy grade materials and equipment are unacceptable. • All materials and equipment shall be new, in excellent condition, and delivered to the job in the manufacturer's original packaging. • The description of materials and equipment found in this document establish a minimum standard. ENERGY EFFICIENCY, WATER CONSERVATION & RECYCLED MATERIALS To the extent possible and practical, standard measures related to energy conservation, energy efficiency, water conservation and the use of recycled materials have been incorporated herein. Gut rehabilitation or new construction of residential buildings up to three stories will be designed to meet the standard for Energy Star Qualified New Homes. Gut rehabilitation or new construction of mid or high-rise multi -family housing must be designed to meet the American Society of heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 90.1-2004, Appendix G plus 20 percent. LEAD -BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at https://www.hud.gov/program offices/healthy homes/enforcement/Ishr BUILDING STANDARDS Minimum Standard • The site shall be hazard -free and sanitary. • The site and all paving shall drain away from the dwelling and accessory buildings, but not onto adjacent properties. • Paving and walkways shall be hazard -free and intact. • Landscaping and irrigation systems shall be hazard -free and in relatively good condition. All dead vegetation shall be removed. • Fencing, walls and gates hazard -free and intact. All gates shall be in good working order. • The site shall be free from trash, debris and hazardous materials. • Accessory buildings shall be safe and sound. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr Affnrrlahla NLLeO%ninarchirLrynnrti inifiac City Council Page 240 — 30 10/17/2023 EXHIBIT 1 Paving • All new paving and walkways shall be constructed with concrete (2,000 PSI @ 28 days). • Driveways shall be reinforced with wire mesh. Sawn expansion - contraction joints shall be placed every 8 feet in both directions. • All paving and walkways shall be finished with a light broom texture. • All walkways shall be at least 3 feet wide. Sawn expansion -contraction joints shall be placed every 4 feet. Landscaping & Irrigation • To the extent possible and practical all new landscaping shall be drought resistant. • When a lawn is being replaced, the new lawn area shall be reduced to aid in the reduction of water consumption. • New irrigation controllers shall be weather or sensor based and EPA Water -Sense qualified. • All new irrigation systems shall be designed to conserve water. Fences, Walls & Gates • All new wood fences shall be made from good quality materials. They shall be properly supported with 4X4 pressure treated posts (8 feet O.C.) and 2X4 rails (top and bottom). The posts shall be embedded in a concrete footing at least 18" deep. • All new block walls shall be constructed with 6X8X16 concrete block. They shall be properly supported by a continuous footing and reinforced with steel bar. Minimum Standard Roof Coverings • Roofs shall be safe and structurally sound. • Roof coverings shall be intact and watertight. • Roofing metal and flashing shall be intact and rust free. • Gutters and downspouts shall be intact and rust free. • Roof coverings with five or less years of useful life shall be replaced. • Roofs that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • The replacement of roofing includes the replacement of all metal (roof jacks and flashing). • Gutters and downspouts shall be installed to properly discharge rain water run-off. • 25-year, 3-tab, self-sealing composition shingle. Built-up membrane (hot mop) system on all flat roofs. • Lighter colored coverings are preferred for energy efficiency. J Minimum Standard • Safe, structurally sound and watertight. Rehabilitation • Decks, balconies and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Finishes • Zero or low VOC primers, paint and coatings. City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 2$0 — 31 10/17/2023 EXHIBIT 1 EXT. STEPS / STAIRWAYS / RAILING Minimum Standard Safe and structurally sound. IXIM110WIIL43LIVII . r-XL. Steps, 5Lanway5 anU railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Finishes . Zero or low VOC primers, paint and coatings. FOUNDATIONS Minimum Standard • Safe and structurally sound. Rehabilitation . Foundations that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, raised foundations shall be completely insulated. Concrete • 2,000 PSI (minimum). EXTERIORCOVERINGS_ Minimum Standard • Safe, structurally sound and watertight. Rehabilitation • Exterior walls that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, all exterior walls shall be insulated. I Minimum Standard . Safe, sound, weather -tight and in good working order. Rehabilitation • Exterior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. New Doors • EPA Energy Star qualified, zero or low VOC finish. New Hardware • Reputable manufacturer. lifetime finish. Minimum Standard . Safe, sound and in good working order. Doors shall be impermeable (primed and painted). • Five or more years of practical utility. Rehabilitation • Garage doors and openers that do not meet the minimum standard shall ` be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. WINDOWSWINDOW Minimum Standard 0 Windows shall be safe, sound, weather -tight and in good working order. Windows that can be opened shall have a tight -fitting insect screen. • Five or more years of practical utility. Rehabilitation 0 Windows that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 260 — 32 10/17/2023 EXHIBIT 1 New Windows Reputable manufacturer. EPA Enerav Star aualified. Minimum Standard . Homes built before 1978 must comply with 24 CFR Part 35 Subpart J I and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All exterior paint shall be intact and free of corrosion. • Five or more years of practical utility. Rehabilitation . All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All stucco surfaces to be painted shall receive a complete and even coverage of stucco paint. • All wood surfaces to be painted shall receive a complete and even coverage of flat exterior paint. • Poor workmanship will not be tolerated. New Paint • Reputable manufacturer. • Highest quality available. • Zero or low VOC paint, caulking and fillers. WALLSCOVERINGS Minimum Standard . Safe and structurally sound. • All plaster, drywall and paneling shall be safe and intact. Rehabilitation Walls and wall coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, the attic, walls and floor on raised foundations shall be insulated. Minimum Standard • Safe, sound and sanitary. • Five or more years of practical utility. " Rehabilitation Floor coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Floor • Carpet & Pad (Reputable manufacturer, recycled materials). Coverings . Resilient Flooring (Reputable manufacturer, 10 year wear warranty). • Ceramic Tile (Reputable manufacturer) J • - • • Minimum Standard . Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation Interior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Doors & Doors (Reputable manufacturer, masonite, raised panel). Hardware Hardware (Reputable manufacturer, lifetime finish). City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla NnmanninarchirLininnrti initiac City Council Page 210 — 33 10/17/2023 EXHIBIT 1 INTERIOR PAINT Minimum Standard • Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All interior paint shall be intact and corrosion -free. • Five or more years of practical utility. Rehabilitation . All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All surfaces to be painted shall receive a complete and even coverage of flat paint (semi -gloss in kitchens, bathrooms and laundry rooms). • Poor workmanship will not be tolerated. New Paint _ • Reputable manufacturer. • Highest quality available. • Zero or low VOC paint, caulking and fillers. J KITCHEN CABINETS/ COUNTERTOPS Minimum Standard • Cabinets shall be safe, sound, sanitary and in good working order. • Countertops shall be safe, sound, sanitary and watertight. • Five or more years of practical utility. Rehabilitation • Cabinets and countertops that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Cabinets • Reputable manufacturer. • Solid hardwood face -frames, doorframes and drawer fronts. • Metal and nylon drawer guides. • Low or zero VOC adhesives and finishes. Replacement • Reputable manufacturer. Countertops • 4" ceramic tile, 6" backsplash, bull -nose edge. Minimum Standard • Safe, sound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Five or more years of practical utility. Rehabilitation • Kitchen fixtures, equipment and appliances that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Sinks • • Reputable manufacturer. 18-guage (minimum) stainless steel. Replacement Faucets • EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. Replacement Disposals . Reputable manufacturer. '/z HP motor (minimum). • Stainless steel swivel lugs. Replacement • EPA Energy Star qualified. Dishwashers • Reputable manufacturer. City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 230 — 34 10/17/2023 EXHIBIT 1 Replacement Range Hoods Replacement Ranges Replacement Cook Tops Wall Ovens Minimum Standard Rehabilitation Replacement Sinks i I Replacement Faucets Replacement Toilets Replacement Tubs Replacement Combination Tub -Showers Replacement Showers Replacement Medicine Cabinets • EPA Energy Star qualified. • Reputable manufacturer. • Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. • Self-cleaning oven with timer. • Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. • Reputable manufacturer. • Pilot -free ignition. • Self-cleaning oven with timer. Li • Safe, sound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Showerheads shall (at a minimum) be equipped with low -flow aerator. • Porcelain sinks shall be free from any cracks or chips. • Steel sinks shall be free from any rust or corrosion. • Five or more years of practical utility. • Bathroom fixtures and equipment that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Toilets that require more than 1.6 GPF shall be replaced regardless of their condition. • Reputable manufacturer. • Cast iron, white enamel finish. _ • EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. • Reputable manufacturer. EPA Water -Sense qualified (1.28 GPF) _ • Reputable manufacturer. • Cast iron body, white enamel finish, slip resistant bottom. • EPA Water -Sense qualified plumbing fixtures. _ • Reputable manufacturer. • Cast iron body, white enamel finish, slip resistant bottom. • 4" ceramic tile surround. • Anodized aluminum doors with tempered glass. EPA Water -Sense qualified plumbing fixtures. • Reputable manufacturer. 4" ceramic tile. • Anodized aluminum door with tempered glass. • EPA Water -Sense qualified plumbing fixtures. • Reputable manufacturer. • Steel body, beveled mirror door. City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 210 — 35 10/17/2023 EXHIBIT 1 Towel Bars & Toilet Paper • Reputable manufacturer. Holders • Metal construction, polished chrome finish. Minimum Standard • Safe, sound and leak -free. Rehabilitation • Piping (supply, waste and vent) that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement • Copper, type "L". Water Supply Piping Replacement • Schedule 40 ABS. Waste & Vent Piping WATER HEATERS Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation • Water heaters that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement • Reputable manufacturer. Water Heaters (Tank) • EPA Energy Star qualified. • 40-gallon insulated tank. Replacement • Reputable manufacturer. Water Heater EPA Energy Star qualified. (Tank -Less) ELECTRICAL SERVICE WIRING Minimum Standard Safe, sound and in good working order. • 100-ampere minimum service. Rehabilitation • Electrical service panels, breakers and wiring that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Knob and tube wiring shall be replaced regardless of its condition. • Overhead wiring from a dwelling to a detached garage or accessory building shall be installed underground regardless of its condition. Replacement • Reputable manufacturer. Service • 100-am ere (minimum). Replacement Wiring • Romex NM cable). ELECTRICAL SWITCHES / • Minimum Standard Safe, sound and in good working order. • Light fixtures shall (at a minimum) be equipped with CFL bulbs. • Exterior lighting fixtures used for security shall be equipped with a motion sensor. Rehabilitation Electrical switches, outlets and lighting fixtures that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are City of Santa Ana Community Development Agency Po ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 300 — 36 10/17/2023 EXHIBIT 1 acceptable as long as compliance with the minimum standard will be achieved. • All new light fixtures shall be U.L. approved and Energy Star qualified. • Outlets located within 6 feet of a source of water shall be ground fault protected. • Exterior switches and outlets shall be weatherproof. Replacement • U.L. approved. Switches & Outlets Replacement • Reputable manufacturer. Lighting Fixtures • U.L. approved and EPA Energy Star qualified. Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. Rehabilitation • HVAC that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Tune-up all HVAC equipment (as a minimum). • Seal all ducts (as a minimum). • All new HVAC equipment shall be sized properly. Furnaces • Reputable manufacturer. • EPA Energy Star qualified. Central Air Conditioners • Reputable manufacturer. • EPA Energy Star qualified. Thermostats • Reputable manufacturer. • EPA Energy Star qualified. • Programmable. Minimum Standard • Additions and alterations that were constructed without a building permit and are clearly substandard shall be removed. • Garages converted to living quarters shall be returned to their original use. • Additions and alterations that were constructed without a building permit, but appear to be compliant, shall be inspected by the City's Building Official to determine if a building permit can be issued and they can be saved. City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe NnmPn%Ainarchip Qppr)rfi inifiac City Council Page 310 — 37 10/17/2023 EXHIBIT 1 EXHIBIT B NOT REQUIRED UNTIL AFTER DEVELOPER SELECTION CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES 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 and the Housing Authority of the City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives 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 or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 320 — 38 10/17/2023 EXHIBIT 1 EXHIBIT C TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana and the Housing Authority of the City of Santa Ana, hereinafter collectively referred to as the City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Developers, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 330 — 39 10/17/2023 EXHIBIT 1 EXHIBIT D TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows: The Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer 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 Developer 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 Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Developer shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Developer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Developer 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 Developer 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 Developer'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 Developer may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Developer 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 City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hILLeO%ninarchirLrynnrti inifiac City Council Page 340 — 40 10/17/2023 EXHIBIT 1 noncompliance; provided, however, that in the event the Developer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Developer may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana Community Development Agency Rani iact fnr Prnnncnic fnr AffrwriniLe hILLeO%ninarchirLrynnrti inifiac City Council Page 3S0 — 41 10/17/2023 EXHIBIT 1 EXHIBIT E TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 360 — 42 10/17/2023 EXHIBIT 1 EXHIBIT F TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOMEOWNERSHIP OPPORTUNITIES PROPOSAL AND CONTRACT AGREEMENT COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA WORK CENTER Proposer understands and agrees that s/he will be required to enter into a Memorandum of Understanding (MOU) with the Santa Ana Work Center to coordinate services. The purpose of the MOU is to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employers, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher -paying job. The Santa Ana WORK Center is available to connect program beneficiaries to a full range of no -cost services, resources and opportunities to help: • Build the skills employers want most • Access training and/or education programs that lead to employment • Find the jobs and employers who are hiring • Screen for additional employment or social services • Receive support to succeed in job search Proposers are encouraged to contact the Santa Ana Work Center at (714) 565-2629 to learn more about their programs and services and the terms and conditions of the MOU. A template for the MOU will be provided promptly to the proposer after the announcement of an award. All terms contained in the Memorandum of Understanding are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana Community Development Agency Ra ii icct fnr Prnnncalc fnr �ffnrrlahla Nnman�ninarchirLininnrti initiac City Council Page 310 — 43 10/17/2023 r . }p• w� r CITY OF..r.. Or r SANTA ANA -bit Opportunity Zone Prospectus • 4 February2021 ■ f • f,- VII :i RlIF1lI ft ��.�� 1 EXHIBIT 1 Mayor Vicente Sarmiento Ward 4 Phil Bacerra Ward 1 Thai Viet Phan Mayor Pro Tem David Penaloza Ward 5 Johnathan Ryan Hernandez Ward 3 Jessie Lopez Ward 6 Nelida Mendoza City of Santa Ana City Council Our purpose is to provide quality service to enhance the safety, livability and prosperity of our community. The City of Santa Ana is a beautiful, diverse group of people who share a deep passion for creating a better future for the community and its businesses by growing job and housing opportunities and installing public amenities and public infrastructure. The Federal Opportunity Zone Program provides the City an ability to enhance its economic vitality and effectively promote and guide the direction of future private sector investment toward key underserved development opportunities/areas throughout the City. The City has put together a qualified OZ team. Information on how to contact them as well as summaries of current OZ opportunities are included. We are committed to working with the private sector and our local, regional, and State partners to help support/complement and enhance the OZ investment program and strengthen the local and regional economy Sincerely, Vicente Sarmiento, Mayor, City of Santa Ana City Council 10-45 10/17/2023W" EXHIBIT 1 Santa Ana is excited to utilize the Opportunity Zone program to catalyze positive community developments that leverage and build upon the City's foundation that offer the best opportunities for sustainable economic growth and development: • Existing civic, cultural, and other public amenities; • Transportation such as the OC Street Car & Santa Ana Regional Transportation Center (SARTC); • Upcoming revitalization projects:(e.g. —$300M MainPlace Mall revitalization) and other development activity throughout the City Civic Center ArtistVillage OC Streetcar Downtown . ® N 1 li! ,11"Ir rl,, mill MainPlace Mall Revitalization New Developments W ,:;ram, �- � 't'�"a•`� �'• , City Council SARTC A . M a IV" 4t" Street Market 10/17/2023 JW* Willowick Revitalization EXHIBIT 1 y k a t 9 g�� „ PoVpr � Zqn m WSanhVx.i Avg B "- foirtsn 0 9 q 4 _ �. 1 W W�shingion •• I `. ©h I I I E Fruit 51 I I L+31nut St PlnRSI -7'77r— } Iit — i Q CL 09 ai war V! W110,. r. Gvr to 4 pi. OZ Census Tract W SI Andrewd, F. SI Arrdrn: � / r Future Santa W rnWo°d Pi I , Ana Streetcar earGeri Route a "" Future Santa _ r Ana Streetcar Stop f Santa Ana's Opportunity Zones are generally centered along major commercial/industrial corridors and downtown areas in the City, including along proposed stops for the future Santa Ana OC Streetcar route. • 11 Qualified Opportunity Zones (OZs) in City of Santa Ana comprised of —3,800 Acres; • Santa Ana OZs represent -22% of the City area and —41 % of OZs in Orange County; •—76,500 residents reside within OZs (22.7% of City population); and •—47,000 jobs within OZs (35.5% of total City jobs). Population (2020) 76,451 336,744 3,230,429 Jobs (2020) Median Age Average Household Income (2020) 47,015 132,519 1,581,134 27.8 30.8 37.5 $62,382 $80,706 $126,141 Source: ESRI Busi &knaVynAnline,Accessed September 2020 10 - 47 10/17/2023 4 See pages 12 - 16 for additional information about development opportunities. �a,nnv ' i�fitE�1@ WWa7hlnpYn•+ r�J ' zFWkNnlanAve r W 1 � a ri1::, S �� I . ! I Nr ]rd?Y 1 1 Y�w�lnv � sY WPlnolV ' II W�IyrUo SI v W MIS1104 Ave MNhni,l — N p n� tIA u +< N I r i E St Andr ew PI I w uleaNagdPl I /' , I � am Legend 11 OZ Target Areas Future Santa Ana Streetcar Route Future Santa Ana r Streetcar Stop ♦ OZ Opportunities City Council 10 — 48 10/17/2023 G,—fi.— Gas R.d.,U.n Fund NOPAM.,t,,, Millions M - Wt.— and Aff.,d.bi. Housing Bond Ad (P.p 1) nd Subsequent G....l Fund kg—Mti— NOFAM11— S82 - Building Jobs ..d H.— Ad (D.dluW Source) NOFA M-1,, M11— N. Pl.. Like H... (Prop 2) NOPA M—t- M11— ft., SW. Funded P,.g,... NOFA M.,t,,, Mll— Federally Funded Programs OFA Federally Funded Disaster R..p.— and Ru.—y Programs Amounts 11 M111— EXHIBIT 1 EXHIBIT I COMMUNITY OUTREACH GUIDELINES The Community Development Agency makes available the following guidelines to assist developers of affordable and special needs housing in obtaining community input and support for affordable housing projects. These guidelines are not meant to be a rigid checklist, but rather a flexible approach that can assist developers in building and maintaining a constructive relationship with community and political stakeholders. Four Steps to Building Community Support The approach consists of four steps: 1. The development team meets early to research, assess and plan in five key areas. 2. Prepare a strategy to build active community support for your proposal. 3. Prepare a strategy to address community concerns and deal with active opposition. 4. Prepare a public relations/media strategy to inform decision -makers and the public. These steps are described in detail below: 1. Plan meetings to research, assess and plan strategies in five key areas. Schedule two or more meetings of the entire development team together with local advocates and assign responsibility for organizing the meetings (e.g. inviting key people) to a staff member. At the first meeting, assess the following: a. The organization's reputation, capacity to attract broad community support, and its previous experience in dealing with local government, opponents, and the media. b. What local government approvals are required, who will decide, what are the processes and criteria for decisions, and an expected timeline. c. The government and community's current knowledge of and support for affordable and supportive housing, the organization's work, and the current proposal. d. Full analysis of the neighborhood surrounding the proposed site (history, problems, assets, etc.) e. Likely concerns neighbors might have, the neighborhood's experience with similar programs, and the potential for support or organized opposition. f. Potential legal issues associated with the development proposal, including the legal rights of all parties. g. The media approach to the proposal Based on these assessments, at later meetings determine: 1. Strategies toward the community, potential supporters, potential opponents, and legal issues (steps 2-5); 2. Staffing required to implement these strategies; and, 3. Any consequences for the proposal's time line, funding needs, or site selection. City Council 10 — 50 10/17/2023 EXHIBIT 1 Each strategy should have a clear plan of action: who will do what, when, how. Efforts to implement these four strategies will be going on simultaneously and timing issues are critical and must be decided after consultation with persons most familiar with the relevant neighborhood. Expect to change and improvise your plans as you go along. You won't regret your planning because it will help you manage the process and avoid surprises. Most importantly, draw on the collective experience of others to gain further insight into the strategies for community acceptance. 2. Prepare a strategy to build public support a. Active, vocal community support for the proposal will help get support, counter opponents, tell the accurate story to the media (if needed) and, when appropriate, say the hard things that must be said. b. Identify and prioritize actual and potential supporters, including tactical allies. Think widely about potential allies before contacting potential opponents. c. Plan recruitment of supporters and what you want them to do. d. Support allies with background information, housing tours and up-to-date information. e. Mobilize supporters at critical points (e.g. using a database and fact sheets.) 3. Prepare a strategy to address community issues a. Notification and community out -reach decisions should be designed to surface and deal effectively with legitimate concerns and for positive presentation of the proposal. b. Consider alternative methods for community outreach (e.g. door-to-door canvassing, open -house forums or small house meetings) instead of the large open community meetings. c. Use an issue -based strategy for working through local community concerns. d. Find out the probable basis of the concerns before fashioning a response (e.g. misinformation, fears about impacts, expectation to participate, prejudice, or issues unrelated to your proposal.) e. Prepare appropriate responses to each kind of concern (e.g. education, reassurance by trusted authority, appropriate forum for participation, negotiation, clarifying legitimate/illegitimate issues.) 4. Prepare a public relations/media strategy a. Plan ahead in order to be able to respond effectively to any negative media or other type of coverage you receive, or believe you will receive. b. Designate and prepare a spokesperson(s), including former tenants and supporters. c. Develop messages for target audiences. d. Prepare brief fact sheets about the organization, the proposal, the supporters, efforts to resolve legitimate community concerns, and other information to support the proposal. e. Invite opponents for a tour of existing facilities and to meet staff and clients. f. Follow up on any coverage received with thank you notes and corrections. City Council 10 — 51 10/17/2023 EXHIBIT 1 Additional Outreach Principles Low key contact with neighbors, with the support of local allies, is the most effective form of outreach. The most effective forms of low-key contacts are either person to person or small group "house' meetings. In small meetings, the goal is to "humanize" the issue, give it a face that the audience can understand and empathize with, depolarize the potential residents/clients and the program to help remove them as the issue. If possible, have potential residents/clients attend and tell their story. Trying to convince people about the merits of an issue they oppose on an intellectual basis with facts, laws, and details does not affect their "feelings" about the issue. The team should reflect the cultural diversity of the City of Santa Ana and our residents and needs. If the project is intended for a target population, the provider and neighborhood should discuss the following non-exclusive list of issues: 1. Organization/Agency history of housing/services offered. 2. Residents/Clients to be served by this housing/service; numbers, general daily activity and schedule. 3. Special characteristics of the resident/client population (e.g., large families, extremely low-income families, mental illness or recovering substance abusers), likely length of stay in the project, and types of staff or support services, available and mandatory, whether on or off site. 4. The provider's history and reputation - Characteristics of success and failure within the program, in general terms, e.g., possible outcomes for clients and how the program responds to each possibility. 5. The neighborhood and characteristics of the area that might be of concern to neighbors and provider alike. 6. Mechanisms for communication between the provider and its neighbors. The provider should offer a 24-hour contact number if one exists, or best after hours contact available. The neighborhood should identify persons who can act as a contact. The security of knowing where to call to get a response is important. Discuss how to maintain ongoing communications, e.g., repeat visits to community meetings or written updates for newsletters. 7. Names of interested neighborhood organizations and how to contact them. 8. The development of a community advisory committee, if needed. An advisory board is an excellent vehicle for mutual education and effective communication. City Council 10 — 52 10/17/2023 Exhibit 2 CITY OF SANTA ANA My First Home Program GUIDELINES The Program offers zero percent, deferred payment loans up to a maximum of $120,000. Homebuyer Assistance funds can help meet both a borrower's down payment and closing cost requirements. FUNDS ARE LIMITED - FIRST COME, FIRST SERVE Eligibility Requirements • Borrower(s) must be a first time homebuyer who has not owned a home during the three- year period before the purchase of a home with Program assistance, except that the following individual or individuals may not be excluded from consideration as a First -Time Homebuyer under this definition: (A) A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not within the preceding two years worked on a fulltime basis as a member of the labor force for a consecutive 12-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment, and worked primarily without remuneration to care for his or her home and family; (B) A single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody, or is pregnant. • Total Annual Income of the household, meaning all persons residing in the home as their principal place of residence, cannot exceed the income limits established below: Household Size Low Income* Moderate Income 1 $80,400 $107,350 2 $91,850 $122,700 3 $103,350 $138,000 4 $114,800 $153,350 5 $124,000 $165,600 6 $133,200 $177,900 7 $142,400 $190,150 8 $151,550 $202,400 *Loans funded with CalHome funds are restricted to Low Income limits as set by the State of California Department of Housing and Community Development • Complete a minimum of eight (8) hours of in -person homeownership training offered by a counseling center approved by the U.S. Department of Housing and Urban Development (HUD). City Council 10 - 53 10/17/2023 Exhibit 2 • Must have at least three percent (3%) of the purchase price for a down payment from seasoned funds (at least 90 days seasoned). Three most- recent bank statements are required to verify seasoned funds. Seasoned funds cannot be from gift funds. Gift funds may contribute towards the purchase; gift funds may not exceed 3% of purchase price. • Must have a positive credit history and obtain a fixed-rate first mortgage. Co-signers and variable rate loans are not allowed. • The Housing Division has a local preference for veterans and applicants who live or work in the City of Santa Ana. • Borrowers shall occupy units as their principal place of residence for the term of the Loan and shall not rent or lease the property. For CalHome Funded Loans Only • Maximum appraised home values at time of purchase shall not exceed the most recent median sales price, by county, posted at the California Association of Realtors website at https://www.car.org/en/marketdata/data/countysalesactiyjiy • The Loan -to -Value Ratio for a Mortgage Assistance CalHome program Loan, when combined with all other indebtedness to be secured by the property, shall not exceed 100 percent of the sales price plus a maximum of up to 5 percent of the sales price to cover actual closing costs. • Loan Forgiveness is not allowed with CalHome funded loans. Use of Loan Proceeds • Will be approved based on need. A minimum mortgage -to -income ratio of 28 percent is required. Maximum debt -to -income ratios cannot exceed 40/45. o If CalHome funded: Loans of up to 40 percent of the Borrower's purchase price for the property, up to a maximum of $120,000 will be provided. • City of Santa Ana loan proceeds may be applied to down payment and closing costs associated with the purchase of a home in Santa Ana. • City of Santa Ana down payment assistance loan proceeds may not be applied to down payment and closing costs associated with the purchase of an Inclusionary home made available through the City's Housing Opportunity Ordinance. Interest Rates and Repayment • Financial assistance provided to qualified individual homeowners shall be in the form of deferred payment Loans, repayable upon the sale or transfer of the homes, when the home ceases to be owner -occupied, or upon the Loan maturity date, whichever occurs first. • Repayment of the City loan principle balance will be required at the end of the 45 year term of affordability. ■ If CalHome funded: Repayment of the City loan principle balance will be required at the end of the 30-year term of affordability. City Council 10 — 54 10/17/2023 Exhibit 2 • Loans are not assumable. • A Borrower may pay the Loan amount, in part or in whole, at any time without penalty. • College Graduate, Veteran and Active Military Incentive. ■ Prospective homebuyer that graduated from a high school located in Santa Ana and has a 4-year college or trade school degree is eligible for a loan forgiveness up to $40,000 ($10,000 will be forgiven every five (5) years up to a twentyyear period) ■ Prospective homebuyer who is a U. S. Military Veteran or on Active Military Duty will be eligible for a loan forgiveness up to $40,000 ($10,000 will be forgiven every five (5) years up to a twenty-year period) Application and Approval Process • Prospective homebuyer completes a HUD approved 8-hour homebuyer class. • Homebuyer chooses a local lender and gets pre -qualified for a First Mortgage • Homebuyer signs a Purchase Contract and opens escrow. • Homebuyer and or Lender provides a complete My First Home Program Applicant Packet to the City of Santa Ana Housing Division for review and pre -approval with all required documents and forms. All applications must contain the documents indicated in the attached Document Checklist. • Lender Packet must be submitted which includes: ■ Purchase Contract ■ 1003 Application ■ First Mortgage Loan Approval letter with terms ■ DU Summary/AUS Findings ■ Copy of the Credit report ■ Estimated Closing Statement ■ Copy of Appraisal and Home Inspection to be provided when available ■ Realtor and Title & Escrow company contact information ■ Wire Instructions • In addition to the City loan approval, the property must pass an inspection by City Staff for lead -based paint hazards and building/health and safety code deficiencies. • If homebuyer is eligible and home passes inspection, City of Santa Ana reserves funds and notifies the Homebuyer and Realtor. • Realtor notifies the City of Santa Ana of scheduled closing date ten (10) business days prior to close of escrow date. • Any cash out of escrow to Borrowers is prohibited. • Total process can take 30-45 days. • Recipients must obtain title insurance at close of escrow. • Fire insurance (and flood insurance where applicable) requirements are as follows: ■ Recipient must require Borrowers to maintain insurance on the City Council 10 — 55 10/17/2023 Exhibit 2 property in an amount at least equal to the replacement value of the improvements; and City must be named as additional loss payee on the policy. Incomplete application packets will cause delays in the approval process. Please contact Santa Ana's Housing Division at (714) 667,2250 should you have questions or require additional information. City of Santa Ana Community Development Agency Housing and Neighborhood Development Division 20 Civic Center Plaza, 6th Floor Santa Ana, California 92702 City Council 10 — 56 10/17/2023 Library www.santa-ana.org/library Item # 11 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library AGENDA TITLE Award a Blanket Order Contract to Brodart Company for Library Cataloging and Purchase of Collections and Materials for the Santa Ana Public Library in an Annual Amount not to Exceed $590,000 (General Fund) RECOMMENDED ACTION Award a blanket order contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library, in an annual amount not to exceed $590,000, for a three-year term beginning November 1, 2023 through October 31, 2026, with options for two one-year renewals, subject to non -substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Public Library provides programs and services to nearly 200,000 library card holders. Approximately 15,000 items and materials are purchased annually including Spanish and Vietnamese collections. All collections and materials are cataloged and embedded with Radio Frequency Identification tags, and placed directly into the Library database so materials can be entered into circulation. The Library will see an increase in collections and materials purchases to provide collections to its two new future library sites that are anticipated to be complete in summer 2024: the Delhi Community Library and Outdoor Library at Jerome Park. Additionally, the Library will need to provide collections and materials for its second larger bookmobile and refreshed collections for the Main and Newhope Libraries, which will also undergo renovations. Anticipated completion dates for these projects are as follows: new book mobile, winter 2024; Main Library, spring 2026; and Newhope Library, fall 2024. Brodart Company is the Library's primary supplier of collections/materials purchases and cataloging processing services. Industry standard is to contract with one vendor as City Council 11 — 1 10/17/2023 Award Blanket Order Contract to Brodart Company for cataloging and purchase of collections and materials for the Santa Ana Public Library. October 17, 2023 Page 2 the primary source of materials and services to ensure continuity with purchasing and collection development. Further, bulk purchasing from one source also facilitates increased vendor discounts on purchases. Santa Ana City Municipal Code Section 2-807 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Orange agreement with Brodart Company for library cataloging, collections, and materials was awarded as a result of an open, competitive bidding, and meets the City's requirement. FISCAL IMPACT The current fiscal year funding is available in the following accounts for FY 2023-24. Future fiscal year funding will be included in the proposed budgets for City Council consideration. FISCAL ACCOUNTING FUND ACCOUNTING UNIT, AMOUNT YEAR UNIT -ACCOUNT DESCRIPTION ACCOUNT # DESCRIPTION 2023-2024 01111110-66600 GENERAL Library Administration, $320,000 FUND Books Records Video 2023-2024 01111150-66600 GENERAL Library Adult Services, $48,000 FUND Books Records Video 2023-2024 01111160-66600 GENERAL Library Youth Services, $49,000 FUND Books Records Video 2023-2024 01111180-66600 GENERAL Library Young Adult $11,500 FUND Services, Books Records Video 2023-2024 01111190-66600 GENERAL Library Tech & Support $91,000 FUND SVCS, Books Records Video 2023-2024 01111190-63001 GENERAL Library Tech & Support $13,500 FUND SVCS, Miscellaneous Operating Expenses 2023-2024 01211020-66600 CPBF Library Youth Services, $57,000 Books Records Video TOTAL $590,000 EXHIBIT(S) 1. County of Orange Agreement (MA-012-22010343) Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Steven A. Mendoza, Assistant City Manager City Council 11 — 2 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 CONTRACT NUMBER MA-012-22010343 Between COUNTY OF ORANGE/OCCR/OC PUBLIC LIBRARIES And BRODART COMPANY For PRINTED LIBRARY MATERIALS This Contract for Printed Library Materials, hereinafter referred to as "Contract" is made and entered into as of the date fully executed by and between the County of Orange, OCCR/OC Public Libraries, a political subdivision of the State of California, with a place of business at 1501 E. St. Andrew Place 2nd Floor, Santa Ana, CA 92705-4930: hereinafter referred to as "County", and Brodart Co., with a place of business at 500 Arch Street, Williamsport, PA 17701; hereinafter referred to as "Contractor", with County and Contractor sometimes referred to as "Party", or collectively as "Parties". ATTACHMENTS Attachment A — General Scope of Work Attachment A-1 — Scope of Work, RFP Technical Response Requirement Attachment B — Compensation/Payment Instructions Attachment C — Pricing Sheet Attachment D — Contractor's Response to RFP-012-0030883-MS RECITALS WHEREAS, Contractor responded to a Request for Proposal ("RFP") to provide Printed Library Materials; and WHEREAS, the Contractor responded and represents that its proposed goods/services shall meet or exceed the requirements and specifications of the RFP for Printed Library Materials; and WHEREAS, Contractor agrees to provide good/services as more specifically described in the Scope of Work, attached hereto as Attachment A and A-l; and WHEREAS, County agrees to pay Contractor the fees as further set forth in Compensation/Payment and Pricing, attached hereto as Attachments B and C; and NOW, THEREFORE, the parties mutually agree as follows: ARTICLES I. GENERAL TERMS AND CONDITIONS: A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of Cou 31 OC a� rl� j4tj�ries BRODARTCotlrAaryc 3 10/17tg0881 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Purchasing Agent or designee. C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. Acceptance/Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance. G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in paragraph "Z" below, and as more fully described in paragraph "Z," harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. Co f31 OCT 'neflries BRODART C4Aany 4 10/1 N7000887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph "Z" below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. J. Non -Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation. L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through County. N. Performance: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors. Co f 31 OC ,� LiWrtes BRODART C6 Aamy 5 101171202030887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 O. Insurance Provisions: Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self - insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. uaiillied Insurer; The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Co f31 oc �j1 j�i�ries BRODARTCo$Aany 6 10/1 71202W887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned non -owned and hired vehicles $1,000,000 per occurrence Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence Required Coverage Forms: The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements: The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. The Commercial General Liability policy shall contain a severability of interest's clause also known as a "separation of insured" clause (standard in the ISO CG 0001 policy). Coun 3l .o OC �l' a"InG fries BRODARTCAAany 7 10/171M00887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. P. Changes: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval. Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor's performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties. f31 oc 1 � ME* 4ries BRODARTC614any $ 10117/20230887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees. T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph "Z" below, Contractor agrees that it shall defend, indemnify and hold County and County Indemnities harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. Freight: Prior to the County's express acceptance of delivery of products, Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently exist and as Cou %31 oc � �Ill�l�ries BRODARTCo$Aamy 9 10/17rZ 887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. Audits/Inspections: Contractor agrees to permit the County's Auditor -Controller or the Auditor - Controller's authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. The County reserves the right to audit and verify the Contractor's records before final payment is made. Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract. Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this agreement shall be forwarded to the County's project manager. BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for Cou f3l OC y, Q15UMi6s BRODART Co$Aamy, 10 10/ 1 7f202ff&887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued. II. ADDITIONAL TERMS AND CONDITIONS: 1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure goods/services from Contractor as set forth in the Scope of Work, attached hereto as Attachment A and incorporated by this reference. 2. Term of Contract: This Contract shall commence on the date upon execution of all necessary signatures and shall continue for five (5) calendar years from that date, unless otherwise terminated by County in accordance with the terms of Section K hereof. 3. Compensation and Payment: The Contractor agrees to accept the specified compensation, as set forth in Attachment B — Compensation and Payment and Attachment C - Pricing, as full remuneration for performing all services and materials called for. The Contractor assumes responsibility for performance of all its duties and obligations hereunder. 4. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested. 5. Adjustments -Scope of Work: No adjustments made to the scope of work will be authorized or paid for without prior written approval of the County assigned Deputy Purchasing Agent. 6. Amendments — Changes/Extra Work: The Contractor shall make no changes to this Contract without the County's written consent. In the event that there are new or unforeseen requirements, the County with the Contractor's concurrence has the discretion to request official changes at any time without changing the intent of this Contract. If County -initiated changes or changes in laws or government regulations affect price, the Contractor's ability to deliver services, or the project schedule, the Contractor shall give the County written notice no later than seven calendar days from the date the law or regulation went into effect or the date the change was proposed by the County and the Contractor was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County assigned Deputy Purchasing Agent, shall require the mutual consent of all parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Contractor from proceeding with the work as set forth in this Contract. 7. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph "Z" above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 8. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: 31 oc n ') �UDd,ies BRODART CQany 11 10/17 ®�II0887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 a. Terminate the Contract immediately, pursuant to Section K herein; b. Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d. Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. 9. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 10. Conflict of Interest — Contractor's Personnel: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. 11. Conflict of Interest — County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose. 12. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned Deputy Purchasing Agent. 13. Data -Title to: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract. 14. Disputes — Contracts: A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County`s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: OC 1�'rliries BRODARTC64,Aanp 12 10/1712887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 1. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. Z. The Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in section K herein. 15. Gratuities: The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 16. News/Information Release: The Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project Manager. 17. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in - person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. 31 urunge oc � �Ill�rlir;es BRODARTCo*aa,y 13 10/17120TS0887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 For Contractor: Brodart Co. 500 Arch Street Williamsport, PA 177018 Attn: Lori Copp Telephone: 800-233-8467 x6379 E-mail: lori.copp@brodart.com For County: OC Community Resources/Administration Attn: Shirley Quan 1501 East St. Andrew Place, 2°d Floor Santa Ana, Ca 92705 Phone: 714-566-3012 Email shirk uaii _occr.ocy,ov.com Assigned DPA: OC Community Resources/Purchasing Attn: Cathy To 601 N. Ross Street, 6' Floor Santa Ana CA 92701 Phone: 714-480-2827 Email: Catty .To(@occr.oc.,ov.com_ 18. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to County and the order date must precede the expiration date of the Contract. 19. Precedence: The Contract documents consist of this Contract and its attachments and exhibits. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the attachments and exhibits. 20. Price Increase/Decrease: No price increases will be permitted during the first period of the price agreement. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30-days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to the County of Orange. The County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed. 21. Project Manager and Key Personnel — Contractor: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld. The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Co f3l OCCtitflries BRODARTCoMany 14 10/171"230887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 22. Project Manager — County: The County shall appoint a project manager to act as liaison between the County and the Contractor during the term of this Contract. The County's project manager shall coordinate the activities of the County staff assigned to work with the Contractor. The County's project manager shall have the right to require the removal and replacement of the Contractor's project manager and key personnel. The County's project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County's project manager. The County's project manager shall review and approve the appointment of the replacement for the Contractor's project manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 23. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Contract does not preclude resort by either party to any other remedies provided by law. 24. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 25. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior County written approval. 26. Waivers -Contract: The failure of the County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. Cou .f 31 OC � k ld it ies BRODART Co$Aany 15 10/171202d30887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 CONTRACT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates shown opposite their respective signatures below. BRODART CO.* Lisa Miosi Vice President, Customer Care Print Name DocuSigned by: Title FUS& Nbsi 9/15/2021 Signature Gretchen Herman Date Assistant Secretary Print Name Title DocuSigned by: 9/15/2021 E Signature ssecsaosszez4BA .. Date * Pursuant to California Corporations Code Section 313, if the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth. The first corporate officer signature must be one of the following:1) the Chairman of the Board, 2) the President; 3) any Vice President. The second corporate officer signature must be one of the following: 1) Secretary; 2) Assistant Secretary; 3) Chief Financial Officer; 4) Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company. ************************************************************************************* County of Orange, a political subdivision of the State of California Carmen Giron Deputy Purchasing Agent Print Name DocuSigned by: Title tA C-- rbt& 9/15/2021 :s2 .. Signature Date ************************************************************************************* Cou 31 0CCC*P@0tjflies BRODART Co44n+, 16 10/ 1 WMa887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ATTACHMENT A SCOPE OF WORK — GENERAL PRINTED LIBRARY MATERIALS I. BACKGROUND INFORMATION: OC Public Libraries desires to purchase books (hardback, paperback, board book, etc.) in English and Spanish languages. OC Public Libraries does not guarantee a minimum quantity of orders. OC Public Libraries may procure selected titles directly from the publisher or other sources when it is determined to be in the best interest of the County. The contractor will provide shelf ready cataloging and processing, electronic MARC records, holdings added to OCLC and drop -shipping to more than 30 locations. OC Public Libraries currently utilizes OCLC for holdings and SirsiDynix Symphony EDI and X12 for ordering. Contracted vendor must be capable of providing books in either Spanish or English (occasionally books will be ordered in other languages) in at least one of the following formats: adult books, teen books, and children's books in accordance with the following specifications/requirements. H. GENERAL SPECIFICATIONS: Contractor must: 1. Provide print materials in at least one of the following languages: English or Spanish. 2. Account set up — provide online ordering system (carts/grids). Vendor shall create holding codes, fund codes grids and order information based on input from OCPL. Establish one account with multiple dropship locations. Multiple branch orders shall have the ability to merge into one central order. Invoice each location separately. 4. Provide items shelf ready per OCPL specifications. Vendor should have the ability to provide drop shipment services for individual branch locations. 5. Provide an online catalog of titles carried. Catalog shall include title, author, publication date, ISBN, publisher, edition, list price (the price which the manufacture suggest that vendors should charge for it; may also be called manufactured suggested retail price [MSRP]), discount price/percent, stock availability, street date, print run information, reviews and format. 6. Provide an unlimited number of staff logins for the online catalog at no cost. 7. Provide notification lists of new materials with reviews in all subject areas for the selection process, customized for OC Public Libraries (OCPL) working requirements. 8. OCPL selectors can email and request a title be added to the ordering database. 9. Accept and process new orders, additions, cancellations, and/or modifications to existing orders via EDI. Provide order confirmation, order status, invoice information, and payment information via EDI. Include document order number (DO#) in all electronic information. 10. MARC order files downloaded must include library fund code, holding code, branch code data (9XX) and data for drop shipment. 11. Provide order history information, including status (backordered, canceled, in processing, delivered, etc.) online by title, author, ISBN, purchase order number, invoice number, date, quantities ordered, drop -ship location/branch ordered for. cau OCC � F r ties BRODART CoMmy- 17 10/ 17 j887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 12. Catalog and process any specific title ordered by OCPL Order staff that is requested that the collection and holding codes not be followed for the cataloging and processing and for these specific titles to be cataloged and processed a different way. 13. Provide reports for publication date changes, cancellations, back order items, and shipping history. 14. Print the quantity, title, ISBN, volume number, edition and document order number (DO#) on all packing lists/slips. Packing lists should be included in each shipment. 15. Have ability to suspend orders for a specific branch without having a separate account. 16. Automatically stop orders for a fund when fund spending threshold is reached and email the details to OCPL Order department. 17. Provide quoted prices that are firm and include all related costs, charges (taxes, processing, shipping, handling, etc.), discounts, value-added services, etc. There should be no "extra charges". Additional charges should be clearly indicated on the website with exact dollar amounts for items and reason for additional charge. 18. Backordered items will be cancelled at 60 days. OCPL reserves the right to adjust backorder cancellation time as required for business needs. Selection staff can email when publication is delayed and request that the backorder time be extended for a title. 19. Avoid packaging and shipping boxes that weigh in excess of twenty-five (25) pounds. Individual shipments should be limited to seven boxes or less. 20. All library materials must be protected to prevent damage during shipment. Boxes and packing material must ensure library materials are not lost, warped, crushed, bent, torn, damp or dented. 21. Ship all items UPS or FEDEX. No USPS. 22. Issue thirty (30) days advance written notice of any changes to the company name, address, phone number(s), email addresses, or customer service representative(s). 23. Have a minimum of five (5) years' experience in providing these types of services/commodities. 24. Honor and adhere to all discounts offered in the bid submission. III. INVOICING SPECIFICATIONS - Contractor must: I . Print the quantity, title, ISBN, volume number, edition, list price (the price which the manufacture suggest that vendors should charge for it; may also be called manufactured suggested retail price [MSRP]), discount given, extended price, shipping and handling, value added services, subtotals, taxes, miscellaneous charges and shipment total with document order number on all invoices. 2. For original cataloging charges, divide the charges amongst the branches receiving the title. 3. Include processing charges on the invoice. 4. Sales tax must be applied according to the ship to location tax rate (not the bill to location) and must be added to the subtotal (not to each individual item). 5. Separate prior fiscal year invoices from new fiscal year invoices at the end of the fiscal year. 6. Provide OCPL Order Department staff monthly a file of unpaid invoices over 30 days. 7. Provide fund reports for each drop -ship location including budgeted amount, backorder amount, invoiced amount, balance, number of items ordered, number of items invoiced, number of items Cou f 31 OCC /PQJies BRODART CAPI n! �- 18 1 Q/ 1 87 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 cancelled, number of items backordered, and number of items in process. 8. Preferred invoice procedure: Vendor will provide electronic invoicing in a format which conforms to the EDI 810 standard. This invoice file will be customizable to include certain Orange County specific data elements such as purchase order number (aka "DO number"), Library Branch number, etc. IV. CATALOGING SPECIFICATIONS: Contractor must: 1. Provide physical processing, including paperback laminate covers, Mylar covers or the equivalent, spine labels, property labels, genre labels and barcodes. 2. Catalog from book in hand. Check subject headings and classification for each title. Add subject headings and access points for enhanced discoverability and better access. 3. Decide what is a mass market paperback based on the book in hand and add mass market paperback labels — without having a mass market paperback holding code. 4. Contact OCPL Order department with questions when a title is ordered one way but with the item in hand the vendor can see that the way we ordered is not correct. For example, we order a title as adult fiction and vendor sees it is a juvenile board book. 5. Provide cataloging to our specifications. Provided MARC cataloging records must be AACR2 or RDA and holdings added to OCLC. 6. OCPL may change the specifications at any time and will alert vendors by email of the changes. Please call or email the Cataloging Supervisor if you have any questions. V. GENERAL CATALOGING INFORMATION A. Sources of cataloging data: ■ Cataloging records must be AACR2 or RDA. ■ Name headings and subject headings must be from the Library of Congress Authority Files. • Genre headings must be GSAFD, LCSH, or LCGFT. If there is a choice between a GSAFD heading and another genre heading, use the GSAFD heading. ■ Spanish subject headings must be Bilindex (Bidex) or Queens Library Spanish Subject Headings (qlsp). • Remove BISAC, Sears, and FAST headings. * Dewey numbers must be Dewey Decimal Classification, 23rd edition. Cut Dewey numbers at 5 places after the decimal. B. OCLC: • Holdings must be added to OCLC. • New volumes of sets or of manga must be added to the multiple volume record already in our catalog. Don't use a new individual volume record. • Serial volumes must be added to the serial record already in our catalog. C. Records and record delivery: • Records must be fully cataloged MARC format. • Records must be Unicode UTF8 format. • Records may be delivered as email attachments to designated OCPL staff or placed on an FTP server and designated OCPL staff emailed when the records are ready. • Records must be received before library materials reach the branches. o Cf31 10/17�fl�887OC BRODARTC64+w319 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 D. Item records: • Add 949 item level local fields in the following particular subfield order: v, h, p, i, j. v: volume (Example: v.01) h: holding code (we'll send holding code format) p: price (Example: $21.45) is item identification (Example: 315018369263) j: number of items (Example: 8) E. Volume in subfield v: • Limit to the minimal amount of information necessary to make that volume unique. Sirsi allows 40 characters in the data well for the prefix, call number and volume information. • Use leading zeroes, e.g. v.01, v.02. VI. ABBREVIATIONS A. General ann. = annual bk. = book ed. = edition index — no abbreviation issue -- no abbreviation no. = number pt. = part rept. = report rev. = revised revision -- no abbreviation suppl. = supplement tomo = (no abbreviation, means volume in Spanish) v. = volume yearbook -- no abbreviation B. Sequence 1 st = first 2nd = second 3rd = third 4th = fourth C. Months of the Year Jan = January Feb = February Mar = March Apr = April May = May Jun = June Jul = July Aug = August Sep = September Oct = October Nov = November Dec = December Crunge 31 OC 11haLldrkiries BRODARTCAlany 20 10117120230887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 D. Seasons SPR = Spring SUM = Summer FALL = Fall WIN = Winter VII. CATALOGING INFORMATION A. Accompanying items: ■ Add notes describing accompanying items: ex: Map in pocket inside back cover. • Books with an accompanying CD or DVD: use 2 for number of pieces in 949 #j. Include in 300 tag. B. Foreign language: ■ Catalog an item as foreign language if it is at least 50% in the language, unless it is a teaching item for English speakers to learn the language. • Add a 690 local subject heading: o Spanish language #v Fiction. o Spanish language #v Non-fiction. • Delete any 650 tags that are duplicates or very close to our 690 tags, e.g., "650 Spanish language materials." C. Graphic novels: • For manga use (or create original in OCLC) multiple volume record and add volumes & ISBNs to OCLC multiple volume record. a) Fiction: Class fictional graphic novels by their format rather than by their subject. Use the correct 741.569 or 741.59� for comics or stories plus country notation, following DDC 23. b) Nonfiction: Nonfiction graphic books that are primarily to be read for information rather than for story (as well as some forms of literature such as plays) are classed in subject Dewey or in 92 for biographies. c) Subject headings: Use #v Comic books, strips, etc. For books of comic strips, add 655 Comic books, strips, etc. and 655 Comics (Graphic works)121cgft. For graphic novels, add .655 Graphic novels and 655 Comics (Graphic works)121cgft. Remove subfield z geographic location for genre heading "graphic novels" 655 tag. If there is 650 subject heading with a subfield z for geographic location, leave as is. D. Large type: • Add 245 #h [large type] E. ISBNs: • Delete #c price from ISBNs. • Delete ebook, eaudiobook, and large print ISBNs from regular print records. F. Music scores: • Add 245 #h [music] G. Paperbacks: • Attach paperbacks to the matching hardback record if the hardback record is for the same publisher or the paperback is published by the paperback imprint of the hardback publisher. For example, Simon & Schuster and Pocket Star, or Random House and Bantam Dell, or Penguin Books and Roc. Add the ISBN to the record. OC Mu, urunge 11Cn8AkJdi fries BRODART Co$Aan.y 21 10/ 1 712887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 H. Serials: • For all possible serial titles, continuations, and reference titles, search our catalog and attach latest volume to the serial record if found in our catalog. • If item is a serial and no serial record is found in OCLC or Sirsi, create an original serial record in OCLC. • Exceptions: test books and travel guides are classed as monographs. I. Short story collections: • Catalog short story anthologies/annuals as monographs and add 505 note for all stories. Class as fiction. J. Subject headings: • If there are no subject headings, add appropriate 650/655 subject and/or genre heading(s) from LCSH or GSAFD. K. Teen (Young Adult): Leave 520 if in record. ■ Change juvenile subject headings to adult. ■ Retain audience level in fixed field. L. Title Access: ■ For other title variations, add 246 tags. For example, 245 with subfield p, add a 246 with the subfield p information in a subfield b. ■ Spell out numbers and abbreviations in a 246. VIII. JUVENILE CATALOGING ISSUES A. Boardbooks: • Catalog all boardbooks as fiction. B. Continued works: • Catalog juvenile character books or series continued by anew author under the original author and move the new author to a 700 tag. Cutter will be the original author. C. Foreign language 690 subject headings: • Add a 690 heading for the language followed by a subfield v for fiction or nonfiction as below: • Spanish language #v Juvenile fiction. • Spanish language #v Juvenile literature. D. Graphic novels: • For manga use (or create original in OCLC) multiple volume record and add volumes & ISBNs to OCLC multiple volume record. a) Fiction: Class fictional graphic novels by their format rather than by their subject. Use the correct 741.569 or 741.59 for comics or stories plus country notation, following DDC 23. b) Nonfiction: Nonfiction graphic books that are primarily to be read for information rather than for story (as well as some forms of literature such as plays) are classed in subject Dewey or in 92 for biographies. c) Subject headings: Use #v Comic books, strips, etc. For books of comic strips, add 655 Comic books, strips, etc. and 655 Comics (Graphic works)121cgft. For graphic novels, add 655 Graphic novels and 655 Comics (Graphic works)121cgft. Remove subfield z geographic location for genre heading "graphic novels" 655 tag. If there is 650 subject heading with a subfield z for geographic location, leave as is. Co f3l OC �7 til0�Ii7Kstiries BRODARTCo$Aamy 22 10/17�202930887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 d) Juvenile graphic novel or picture book or reader: For books that could be picture book or reader but are graphic novel-esque (sequential panels and speech bubbles that are consistent with the idea of graphic novels, or labeled "comic reader") the Selector will order as XP — catalog these as a graphic novel in 741.5XXX. E. Subject headings: • If there are no subject headings, add appropriate 650/655 subject and/or genre heading(s) from LCSH or GSAFD. • Do not use Annotated card juvenile subject headings 650 second indicator 1 a) When the juvenile heading is different from the adult heading, use the adult heading (650 b0) with #v Juvenile literature (or fiction). When no equivalent adult heading is listed in the record, search the OCLC authority file to find one, and use the heading (650 b0) with #v Juvenile literature (or fiction). Delete 650 second indicator 1 headings. F. Genre headings: • Use the same genre headings for juvenile materials as for adult. G. Form headings: • For the following LCSH headings used as form headings on juvenile books, do not add #v Juvenile fiction or Juvenile literature. o Alphabet books o Alphabet rhymes o Big books #v Specimens o Board books o Children's atlases o Children's plays o Children's poetry o Children's songs o Fairy tales o Flip books #v Specimens o Folklore o Glow -in -the -dark books #v Specimens o Lift -the -flap books #v Specimens o Lullabies o Miniature books #v Specimens o Musical books #v Specimens o Nonsense verses o Novels in verse o Nursery rhymes o Oversize books #v Specimens o Picture dictionaries o Plot -your -own stories o Pop-up books #v Specimens o Puppet plays o Rebuses o Stories in rhyme o Stories without words o Tales o Tall tales o Textured books #v Specimens o Toy and movable books #v Specimens o Upside down books #v Specimens Co f31 oc 1r�� hies BRODARTC41hany 23 10/1 7887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 IX. CALL NUMBER INFORMATION: A. Adult Fiction: • Put call number in 099 with prefix of FIC followed by author's last name and first initial. For books with no author, use first word of the title as the cutter. B. Adult Nonfiction: ■ Put Dewey number in 092. Cut Dewey number at five places after the decimal. • Put call number in 099: Dewey number followed by cutter of up to the first 3 letters of the author's last name. • For books with no author, do not use a cutter — use Dewey number only. • For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. Ex: 101 De La Cervantes, use 101 DE C. Auto repair: • Use the make of the automobile, first 3 letters, as the cutter. D. Biographies: • In OCLC if the first subject heading is for the person and Biog in the fixed field is coded b make the book a biography. • Do not use tag 092. Use only 099 with Dewey of 92 followed by cutter of the last name first initial of the biographee from the 600 field. • Collective biographies: if the biography is about two or more people with the same last name, use the last name, with no initial. If the book is about two or more people with different names, choose the better known or the more important for the subject of the book. If it is about more than 2 people, class it in the Dewy subject area. E. Civil service books: ■ Class in Dewey 351.3. F. Criticism: • For critical appraisal of artists, architects, authors, film makers, musical performers or groups use the name of the person or group as the cutter, first 3 letters. ■ For critical appraisal of a film, television show, opera, ballet, etc. use the title of the work as the cutter, first 3 letters. G. Computer books: • If using a number in DDC 004-006 or 025.04, for a computer program, language, operating system, use the program, etc. from the subject heading as the cutter, first 3 letters. H. Foreign language: a) Adult Fiction: • Put foreign language prefix in 099 with FIC prefix followed by author's last name and first initial: SP FIC NIX S. b) Adult Nonfiction: • Put Dewey number in 092. • Put foreign language prefix and call number in 099: SP Dewey number followed by cutter of the first 3 letters of the author's last name. I. Graphic Novel: • Use first word of title as cutter. J. Large type: • Use prefix LGE FIC followed by last name first initial for adult large type fiction. Cou 1 �31 OC �71 QlEll76rtiries BRODARTCo*Aawy 24 10/17rZ'02030887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 • Use prefix LGE followed by Dewey followed by first 3 letters of author's last name for adult large type nonfiction. K. Music: ■ Put Dewey number in 092. • Put call number in 099: Dewey number followed by cutter for composer. • EXCEPTIONS: a) Operas — use the title of the opera as the cutter. b) Music by a band - if composed by band member(s), use band as main entry & cutter and put composer in 700. L. Shakespeare plays: For 822.33 cutters: • For single plays, use first 3 letters of the title of the play. • For collections of plays, use PLA. For collections of plays including other works, use WOR. • For literary criticism, use Title of the play, PLA or WOR, as appropriate. M. Reference: • Use prefix REF on 099 before Dewey number. N. Test books: • Use name of the test, first 3 letters as the cutter. X. TEEN CALL NUMBER INFORMATION: A. Fiction: • 099 TEEN FIC followed by author's last name first initial. B. Nonfiction: • Only for graphic novels. ■ Put Dewey number in 092. is Put call number in 099: TEEN followed by Dewey number followed by cutter of first 3 letters of author's last name. XI. JUVENILE CALL NUMBER INFORMATION: A. Fiction: • Put call number in 099 with prefix of XFICI or XFICU (I or U from holding code) followed by author's last name and first initial (see sections below for Readers and Picture Books). For books with no author, use first word of the title as the cutter. B. Nonfiction: • Put Dewey number in 092. • Put call number in 099: juvenile prefix followed by the Dewey number followed by the first 3 letters of the author's last name. • For books with no author, do not use a cutter — use Dewey number only. • For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. C. American Indian tribes: • Use Dewey number 970 followed by the entire name of the tribe from the first 650. Cou .f 31 OC �i1 t1d�6ztiries BRODARTCo$Aany 25 10/ 1 7f2CT30887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 D. Criticism: • For critical appraisal of artists, architects, authors, fil makers, musical performers or groups use the name of the person or group as the cutter, first 3 letters. ■ For critical appraisal of a film, television show, opera, ballet, etc. use the title of the work as the cutter, first 3 letters. E. Computer books: If using a number in DDC 004-006 or 025.04, for a computer program, language, operating system, use the program, etc. from the subject heading as the cutter, first 3 letters. F. Fairy and folk tales: • For individual tales, use Dewey number 398.2 followed by cutter of the first 3 letters of the tale. • For more than one tale, use the author as the cutter. G. Foreign language: a) Fiction: • 099 with prefix of XSP FICP, XSP FICI, XSP FICU followed by author's last name and first initial. b) Nonfiction: • 092 with just the Dewey number. • 099 juvenile prefix followed by language prefix, Dewey number and cutter of the first 3 letters of the last name. H. Large type: a) Fiction: Use prefix XLGE FICP or XLGE FICI or XLGE FICU (P I or U from holding code) followed by last name first initial. b) Nonfiction: Use juvenile large type prefix followed by Dewey and cutter of first 3 letters of author's last name. I. Missions of California: • Use call number of 979.4 MISSIONS for works about more than one mission. For individual mission, use 979.4 MISSIONS plus the name of the mission eliminating the word "mission" from the following list: o San Diego o San Carlos Borromeo o San Antonio de Padua o San Gabriel Arcangel o San Luis Obispo o San Francisco de Asis o San Juan Capistrano o Santa Clara o San Buenaventura o Santa Barbara o La Purisima o Santa Cruz o Nuestra Senora o San Jose o San Juan Bautista o San Miguel Arcangel o San Fernando, Rey o San Luis Rey o Santa Ines o f31cQ6wr �ies BRODARTCoMany 26 10/17#2 887 ]W7 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 o San Rafael Arcangel o San Francisco Solano XII. PROCESSING SPECIFICATIONS: A. Accompanying items - put in pocket inside back cover. B. Barcodes - apply on true front cover, upper right corner, 1/8" down and in from top and side of book. C. Covers — cover paperbacks with 15 mil clear polyester 2- piece front and back covers with the 2- mil wrap -around spine (either Smart Cover II by the Library Store or Easy Cover II by Kapco) D. Covers — cover paper dust jackets with Mylar covers, taped at outer edge with %" tape, not glued. E. Smaller Paperback - move the barcode label and the property label closer to the edges of the book, so they both fit, aligned, on the front cover. Do not move one down. If the book is too small, place the label on the back, upper right corner. F. Reference books - for books designated holding code "Reference" place a removable REFERENCE label on the cover under the barcode. G. Property labels - apply on front cover, upper left corner, 1/8" down and in from top and side of book. H. Genre Labels • For adult fiction books with a 650 or 655 of "Mystery fiction" or "Detective and mystery fiction" add a Mystery genre label. • For large type books add a large type genre label. • For juvenile fairy tales in Dewey number 398.2, add a fairy tale genre label I. Lucky Day Collection — add Lucky Day label in lieu of spine label XIII. SPINE LABELS: Apply label at bottom of spine, left -most column of text aligned with left edge and 1/8" up from bottom of spine. For thick books, move label over so call number is centered on the spine. Cover with clear label covers or put under Mylar cover. A. Font: Arial Bold 12 for all materials except Picture books, Boardbooks, and Readers which use Arial Bold 24. B. Adult Nonfiction: First line Dewey number Second line — Author cutter C. Adult Fiction: First line - FIC Second line - Author last name first initial D. Teen Nonfiction: First line — TEEN Second line - Dewey number Third line — Author cutter Cou f 31 OC �71 sUUMikies BRODARTCo*Aam.) 27 10/1 712887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 E. Teen Fiction: First line — TEEN FIC Second line - Author last name first initial F. Alphabet and counting books: ■ Use juvenile picture book (white) labels with the first 3 letters of the author's last name in vertical Arial Bold 24 on label sized 1 '/4% x 1 1/4"w. • Omit punctuation. • For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. • If there is no author use the first three letters of the title. G. Boardbooks: • Use juvenile picture book (white) labels with the first 3 letters of the author's last name in vertical Arial Bold 24 on label sized 1 '/4"h x 1 '/4"w. ■ Omit punctuation. * For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. ■ If there is no author use the first three letters of the title. H. Readers: ■ Use juvenile reader (blue) labels with the first 3 letters of the author's last name in vertical Arial Bold 24 on label sized 1 1/4"h x 1 '/4"w. ■ Omit punctuation. ■ For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. • If there is no author use the first three letters of the title. I. Picture books: • Use juvenile picture book (white) labels with the first 3 letters of the author's last name in vertical Arial Bold 24 on label sized 1 1/4"h x 1 1/4"w. Omit punctuation. • For authors with less than 3 letters in their last name, use up to 3 letters of the first word of their last name. ■ If there is no author use the first three letters of the title. J. Spanish boardbooks, readers, picture books: For Spanish Boardbooks, Readers and Picture books, add SP at the top of the label. K. Mass market paperbacks: Use single letter of the author's last name. For Spanish, use the regular adult fiction label. L. Label Specifications: ■ Specifications for Genre labels, Lucky Day labels, Best labels, and Reference labels are available for color, font, format, and artwork. XIV. ERRORS: • After a six-month period of adjustment, errors will be counted and reported monthly and vendor will pay a cost for each. A bib record error counts as one; an error that affects copies or labels will be counted for number of copies affected. ■ Vendor will be charged for errors greater than 3% of items received. An error rate of 3% and below is acceptable. Cou f 31 OC j umi� ies BRODARTCo$Aany 28 10/ 1 7f202OX887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 • Vendor shall issue credit memo for the error charges on a monthly basis. • Error charges: a) Cataloging only error .50$ b) Missing genre label .25$ c) Incorrect genre label .50$ d) Incorrect property label .25$ e) Barcode duplicated on different item .50$ f) Incorrect color, call number, prefix or cutter on spine label $1.00 g) Incorrect color, call number, prefix or cutter on spine label and in bib record $1.50 Cou .f31 Oc �71 m�ies BRODARTCAAawr 29 10/1 7r2020887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ATTACHMENT A-1 SCOPE OF WORK RFP TECHNICAL RESPONSE REQUIREMENT Note: This Attachment A-1 RFP Technical Response Requirement is comprised of twenty-seven (27) pages and is an integral attachment and part of this contract document. Cf31 Oo 1�ud11UD&ilries BRODARTCoMany 30 10/17rZ'02030887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 PART 5 Questions Does your firm meet all the requirements set under Scope of Work/Specifications? (Please circle Yes or No) YES - My firm meets all requirements. Describe below. GDMy firm does not meet all requirements listed in the Scope of Work. If not, describe below. The following requirements cannot be met as stated in the Scope of Work; however we have provided alternate methods to meet the requirement - 1) On page 61 of 68 of the RFP, Section XIII, Spine Labels — letters F (Alphabet and counting books), G (Boardbooks), FI (Readers) and I (Picture books) The spine label specifications for these collections require a single white or blue label with 3 author letters in Arial Bold 24 font printed vertically on the label. We are not able to provide a single label with the 3 author letters, but currently apply 3 separate author letter labels in Arial Bold 24 font as an alternative. We are not aware of any impact this alternative has on the services Brodart provides to OCPL. I. GENERAL SPECIFICATIONS: Describe how each item listed in the scope of work general specifications is met. If a specification cannot be met, provide a brief explanation. COLLECTION DEVELOPMENT & SELECT)ON SERVICES Creating the "ultimate collection" isn't a small task. There are many factors to be considered. At Brodart, we began providing collection development products and services in 1982. Many of our Collection Development Services such as TIPS, FASTips, Collection Builder and vendor selection services are industry leaders, We currently provide many public libraries with an array of specialized Collection Development Services for both ongoing and opening day collection needs. 1. T1PS lit#e Information Preview Service Notification Pro rarr� Delivers selection lists for new and forthcoming titles. Choose from two service levels — ® Silver TIPS - every month receive free curated lists spanning an array of subjects and age ranges. Choose the lists that interest you and they will be automatically posted to your online account. ® Diamond TIPS - define your own collection categories. Set specific parameters and the lists will be automatically posted to your online account. Customize as desired. Page 1 ity ouncil 11 — 31 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 2. Standing Orders Whether it's authors/series you can't live without or staying current with annual publications, our Collection Development team will monitor publication dates and automatically place orders on your behalf. Save time on research, meet patron demand, and never miss an important publication. FASTi s (Frequent Author and Series TIPS — this is a free service to our customers. Set your preferences one time and receive your books automatically. You can edit your selections at any time. Continuations — another free service to our customers, our standing order program for true serials, such as test prep and travel guides, takes the hassle out of keeping up with annual or irregular periodical publications. 3. Collection Buiider Build or refresh your collection with lists for relevant topics and events. Collection Builders provide one-time targeted lists for special projects, collection enhancement or replacement ordering. 4. Online Selection Lists Brodart also has hundreds of specialty lists from which to choose. Not only are the lists separated into age ranges and categories, they can also be filtered for custom searches to make it easy to find exactly what you're looking for. Choose lists on hot Topics, Awards, Graphic Novels, Public Library Collection Builder, Spanish Titles and more. All of our collection development lists are posted to Bibz, Brodart's online ordering and collection development tool. Following is a detailed description of all of our Collection Development services S. TIPS° - Notification Program TIPS (Title Information Preview Service) is designed to help your library streamline its ongoing selection process. We identify new titles, gather all pertinent information on those titles, eliminate duplicates, and present you with regular lists of new titles to consider for your collection. These profile elements, chosen specifically to meet the needs of libraries, allow you either to create a profile that mimics your current title identification and list -building process OR to explore new approaches to the collection -building process. In other words, if you currently compile lists from multiple journal reviews, we can do that for you. Or, if you would like to expand the number of sources from which you draw titles, we can monitor new titles by publisher, series, author or illustrator. Two levels of TIPS are available to accommodate your specific needs. We do the legwork; you make your selections. Grange EeWntY 912-C.939222-nnc par+ Page 2 City Council 11 — 32 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ca. Level I -.Si lver TIPS Monthly lists of the most popular titles delivered to your online account free of charge for Brodart customers. Full -text reviews are provided when available. Silver TIPS Programs include- Children's Silver TIPS Board Books for Libraries Formats appropriate for public library use in terms of size, shape, and materials Selected by our children's buyer Most titles due for publication within next two months Top Children's Hardcover Titles ® Popular and high -quality books for children through age twelve ® Emphasis on picture books, but nonfiction, fiction, and graphic novels also included ® Seasonal coverage for holidays plus one topical backlist each month ® Most titles are one month prepublication Top Children's Paperback Titles Best new releases for children through age twelve Many reprints of popular hardcovers, but also includes paperback originais, especially popular series Emphasis on titles classed as Easy, but also includes fiction and nonfiction ® Most titles one month pre -publication or current month of publication Children's KidSafe Graphic Novels Graphic novels that have been reviewed book -in -hand or online and Judged suitable for children through age twelve Titles are both popular and 'nigh quality ® Includes manga and other series, plus important single titles and nonfiction in a graphic format ® Includes a range of publication dates due to book -in -hand review requirement Fresh Reads for Kids ® Forthcoming titles from children's favorite authors ® Primarily picture books and fiction, with some easy readers and nonfiction included ® Hardcover, reinforced, and library editions, as well as paperbacks ® Publication dates from the current month up to three months pre -publication Children's and Teen Nonfiction Picks Recreational non-fiction titles for youth that may or may not be reviewed Hardcover, reinforced, and library editions, as well as paperbacks Publication dates are up to 2 months prepublication Page 3 City ouncil 11 — 33 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Teen Silver TIPS Top Teen Hardcover Titles • Popular and high -quality titles for middle school and high school readers (age ten and up) • Emphasis on fiction, particularly science fiction, fantasy, and horror; also includes nonfiction for recreation and school support • Selected high interest/low reading level titles and graphic novels • Most titles are one month pre -publication Top Teen Paperback Titles • Best new releases for middle school and high school readers (age ten and up) • Many reprints of popular hardcovers, but also includes paperback originals, especially popular series • Emphasis on fiction, but some nonfiction and graphic novels included • Most titles one month pre -publication or current month of publication Teen KidSafe Graphic Novels e Graphic novels that have been reviewed book -in -hand or online and judged suitable for ages ten and up • Titles are both popular and high quality • Includes manga and other series; plus important single titles and nonfiction in a graphic format • Includes a range of publication dates due to book -in -hand review requirement Graphic Novel Reads for Teens • Popular graphic novels for ages ten through nineteen • Incorporates Teen KidSafe and other titles suitable for tweens and teens includes manga and other series; plus important single titles and nonfiction in a graphic format ® Titles may be up to four months pre -publication Adult Silver TIPS Blockbusters • Hardcover titles that no public library can be without! • Adult fiction and nonfiction from the most popular authors or on hot topics • Titles with large print runs and heavy publisher promotion • Three to four months prepublication Top Adult Hardcover Titles • High demand adult popular reading • Fiction and nonfiction from top -selling authors plus titles from promising first novelists • Selected movie tie-ins and graphic novels Page 4 City Council 11 — 34 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 • Includes Blockbusters (available separately above) plus other titles to round out genre interests • Three to four months prepublication Top Adult Paperback Titles • The best upcoming paperback titles for a popular reading collection • Emphasis on high demand authors and titles, including titles that were New York Times Bestsellers in hardcover • Mostly fiction but some nonfiction included • includes both originals and reprints, trade and mass markets • Most titles one month prepublication UrbanFix • Urban fiction (aka street lit) for the adult collection • Emphasis on African -American characters in an urban setting • Includes titles with sex, violence, drugs and strong language • Primarily trade paperback but some hardcovers and mass markets included • Most titles from current month up to two months pre -publication Christian Fiction ® Christian Fiction for the adult collection • Emphasis on Evangelical Christian fiction; also includes Urban Christian • Hardcover and trade paperback bindings Publication dates from current month up to four months pre -publication Large Print TIPS • Extensive list of large print offerings from all the major publishers • Most titles are adult fiction, but adult nonfiction and some titles for young readers also included • Most titles are two months prepublication Picks for Public Libraries • Practical adult nonfiction that is not likely to be reviewed • Hardcovers and paperbacks on topics such as computers, math, health, business, weddings, pet care, and more • 125 to 150 titles per month chosen by our experienced staff • Most titles one month prepublication Graphic Novel Reads for Adults • Popular graphic novels for intended for an adult audience • Includes manga and other series, plus important single titles and nonfiction in a graphic format • Most titles one to three months pre -publication Page 5 City ouncil 11 — 35 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Spanish Salver TIPS Top Spanish Titles • The best fiction and nonfiction for native Spanish speakers ® Titles from offshore and U.S. publishers ® Focus on international authors, but also includes translations of popular U.S. titles • Publication dates vary from two months prepublication to six months post- publication (but recently available for U.S. distribution) Adult Spanish TIPS • Recommended Spanish language fiction and nonfiction ® Titles from offshore and U.S. publishers; originals and translations • Focus on fiction and practical nonfiction in hardcover and paperback ® Includes Top Spanish Titles (available separately above) plus others to expand the selections • Publication dates vary Children's & Teen Spanish TIPS ® Recommended 'bilingual and Spanish language titles for preschool through high school • Titles from offshore and U.S. publishers; originals and translations • Focus on picture books and nonfiction, but also includes fiction, board books, and graphic novels ® Publication dates vary 5b. Level 2 - Diamond TIPS Notification Program Brodart's hallmark TIPS. Review -based, custom profiles for title lists with full -text reviews delivered to your online account weekly, twice monthly, or monthly. Upgrade any TIPS list to Diamond by combining any other parameters with specific review;ournals. There is no limit on the number of review journals per profile. For example, you might want a Teen Fiction profile based on Booklist, School Library Journal and VOYA plus a list of authors. Or, you might want an Adult Nonfiction profile that includes Library Journal, Publishers Weekly, and Picks for Public Libraries. Journals available: ® Booklist (includes online reviews) BookPage (includes online reviews) ® Bulletin of the Center for Children's Books ® Horn Book ® Kirkus Library Journal (includes online reviews) ® Library Journal Prepub Alert ® Publishers Weekly (includes online reviews) * School Library Journal (includes online reviews) VOYA (includes online reviews) Diamond TIPS lists are available on a subscription basis to Brodart customers. Pricing for Diamond TIPS has been included in the Pricing Proposal, Attachment A in Part 6. Page 6 City Council 11 — 36 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 6. Standing Orders Our Standing Order services are designed to help you track new releases. Our Collection Development team will help you set up your preferences, monitor publication dates and automatically place orders on your behalf. We offer Standing Order services for authors and series as well as true serials such as test prep and travel guides. These Standing Order services are offered free of charge to our customers. 6a. FASTi psO - Automatig Shi rnent P€an Brodart offers standing orders for popular adult and youth fiction and nonfiction through FASTips (Frequent Author & Series TIPS). The profiling is very flexible and can accommodate unique needs. Most FASTips orders are based on author or series lists. Brodart offers the following lists to assist the library; however, these are not closed lists and the library can add authors or series as needed. Adult Authors —African -American and Urban Literature ® Adult Authors —Fiction ® Adult Authors— InspirationalAdult Authors —Nonfiction Adult Series —Fiction Adult Series —Graphic Novels ® Adult Series —Nonfiction and Biography ® Adult Series —Travel Guides Children's Authors Children's Series —Chapter Books ® Children's Series —Easy Readers Children's Series —Fiction Children's Series —Graphic Novels Children's Series —Nonfiction and Biography Children's Series —Picture Books and Board Books Teen Authors Teen Series —Fiction ® Teen Series —Graphic Novels ® Teen Series —Nonfiction and Biography Other sources such as starred reviews, bestseller lists, and Brodart programs can also be used for FASTips automatic orders. Special collection areas that can be covered by FASTips include board books, large print, browsing paperbacks, travel books and Spanish. When setting up a FASTips profile the library first selects the authors, series, or other criteria desired. Then other parameters are established for the automatic order including format (bind preference), classification, age range, material types, and maximum price. The library also sets the timeframe for ordering. Three months prepublication is the current standard. Orders can be prepared by Brodart and delivered to the library via Bibz with grids applied for branch, quantity, and other grid values. Brodart can submit the order via Bibz or share the list to library staff for review and modification if needed. Orders can then be submitted by the library via Bibz or downloaded as MARC files for import into your ILS system Page 7 City ouncil 11 — 37 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 for EDI ordering. After the orders are submitted, they are visible with status information through the Order History tab of Bibz. 6b. Continuations — Standing orders for True Serials Brodart's Continuations Service is designed to meet your complete reference and serial titles needs. You receive prompt, accurate fulfillment and because of our extensive coverage, your need to research hundreds of titles each year is eliminated. Brodart maintains constant communication with over fifty thousand publishers and distributors. Our title file is updated daily, ensuring that the title status information you receive from Brodart's Continuations Department is the most up-to-date available. Our core list of Continuations contains over 6,000 titles. Some of the key features of Continuations include: ® Receive your Continuations material fully cataloged and processed, with processing only or as items only. ® Serial maintenance is made easier when you use our free monthly status reports and skilled personal assistance. To simplify establishing a standing order account, we offer you a full range of transition services. ® Brodart's Continuations Service offers an Alternate Year Program, which can be tailored to meet your library's needs. You may receive books as frequently or infrequently as desired. ® You may add new titles to your standing order or adjust existing orders at any time. Our files are updated daily in order to provide you with prompt, accurate service. S All cancellations are effective immediately upon receipt by the Continuations Department. A monthly status report is supplied to you at no extra cost so you may quickly and effectively monitor your standing orders. This report lists every series and serial on your standing order. Editions or volumes on order or recently shipped titles are listed accordingly. Publications which are delayed by the publisher show a status of "on order." Brodart's Continuations Department automatically contacts the publisher for updated status information of "on order" materials to assure timely delivery of these items. As a Continuations customer, each month you will receive an electronic newsletter reporting the latest updates in, title/bind changes, series discontinued, series completed and items to be ordered directly from the publisher. The newsletter keeps you informed about any changes that would affect your standing order. Taking advantage of Brodart's Continuations Service is easy. Simply list the titles to be ordered with starting volumes, years or editions and the desired quantities. Once Brodart receives your standing order titles we will set up your account and begin ordering the titles from the various publishers. To make it easy to transfer to Brodart's Continuations Service, we will also send a cancellation notice to your former supplier. You need only indicate in writing which titles are to be cancelled, your account or purchase order number and the name of the supplier, The Continuations staff works with your library during this transition period to assure a smooth transfer of all standing orders. 3Fa,qge gE) %yg1;; CO20283-545- ymrt S Page 8 City Council 11 — 38 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 The Continuations Department personnel are dedicated professionals who are knowledgeable about all aspects of the Continuations Service. They take pride in providing prompt and accurate responses to any questions. Each library is assigned their own Continuations Consultant. That individual will stay in close contact with the responsible person at the library to ensure optimum service. TitleQueue TitleQueue.com, Brodart's online Continuations tool, gives access to account details regarding subscriptions to serials and series. You can search for titles and update subscription information to add standing order titles or change current settings. You can also access order confirmations, report claims and request additional copies of invoices. There are many search options, including ISBN, title, series title and publisher. 7. Collection RuiiderO Custom Selection Lists Brodart has identified more than 400 recommended bibliographies, review journals, and other sources, and has indexed them in our up-to-date title database. This extensive resource enables us to produce custom selection lists for a wide range of collection development needs such as collection building in specific areas, coordinated replacement ordering, or planning opening day collections. These comprehensive selection lists present the titles in shelf -list order for a systematic approach to collection development. Each citation on the selection list includes call number, author, title, publisher, date, price, ISBN, bind, descriptors, media, age range, title status, review citations, and the sources which contain the title. it is easy to review the titles and make your selections in Bibz. ® To request a selection list, tell us the subject to be covered, age levels, types of bindings, publication dates, and other pertinent information, We may provide a profile to walk you through the process. Prepared selection lists are typically delivered within one week. These custom selection lists are provided free of charge in Bibz to active Brodart customers with the understanding that any titles ordered from these lists are to be ordered from Brodart. 8. SpeciaftyCollection De►►e10 meat Lists The TIPS profiles described above provide regularly scheduled lists of current fiction and nonfiction. All of those profiles would be developed by the library selectors. In addition to profiled TIPS lists, library selectors have access to hundreds of specialty lists from which to choose. Not only are the lists separated into age ranges and categories, they can also be filtered for custom searches to help you find exactly what you're looking for. These lists contain topics of interest to public libraries and are updated on a regular basis. They are available free of charge to all Bibz users. The topics include: o Awards o Featured Lists o Graphic Novels merge n1 ?_cn3nR93-MS Part 5 Page 9 City Council 11 — 39 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 o Insight — Brodart's monthly online catalog which announces forthcoming popular titles o Public Library Collection Builders o Spanish BIBZ ° - ONLINE COLLECTION DEVELOPMENT & ORDERING TOOL Bibz is Brodart's online collection development and ordering tool. Access to Bibz with unlimited users is offered free of charge to the users for the term of this contract. Web -based or on -site training for Bibz is provided at no charge. All of the selection lists created by Brodart will be posted to Bibz for selection and ordering. Bibz displays item status such as "in stock quantity", "on order quantity", "publisher in stock quantity", "available from publisher" or "must order direct". Bibz can also display discounted price and keep a running total for each list. Full -text reviews are available for all of the major library review journals free of charge. The Bibz.com database is updated with new titles, title status, price information, and new data (such as cover images and full text reviews) on a daily basis. inventory status shows unallocated inventory. Publisher inventory is also displayed for participating publishers. Selectors can request that new titles be added to Bibz by emailing us at titlerequestO brodart.com . We'll let you know when the title has been added to the database and you can place your order. Please note orders placed for items not in Brodart's inventory are ordered immediately from the appropriate publisher. Our order fulfillment system places orders with all publishers on a daily basis via FTP or email. in order to provide the fastest possible service to our libraries, we do not require minimum order quantities and we do not accumulate customer orders to meet a minimum order quantity. This policy allows us to fill orders quickly and efficiently. Prepublication orders are encouraged since this allows the materials to be sent to the library as soon as they are available from the publishers. in addition to the selection lists posted by Brodart, you can also create your own selection lists on Bibz. You can search and access other relevant titles, build your own lists, select additional items for your collections, and place orders online or through most ILS acquisitions modules. Our enhanced features allow you to customize your display and manage user access and grid ordering. You can conduct simple or advanced searches quickly and easily within Brodart's title database of almost five million records. A temporary Bibz login has been set up so that you can try Bibz for yourself. Login information is not case sensitive. Go to www.bibz.com - Username = ORANGECOUNTYBI0 Password = ORANGECOUNTYBID Oranges Cniintgn1?-0030883-MS Part 5 Page 10 City Council 11 — 40 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Bibz —Primary Features Bibz is built on data that is specially groomed for libraries. It offers flexibility in searching, selection, list building and ordering. The interface and selection/ordering tools integrate easily into your existing workflow. 1. item search ®is la ® By keyword or exact search for title or series ® Within a large number of databases and resource lists ® Access one or many of the following fields as needed — o Age or grade range o Reading program and level o Publication date o Review journals, including number of reviews and issue date o Title o Contributor o ISBN/EAN o Series o Subject o Publisher o Availability (print and stock status) o View Brodart and Publisher Inventory o Broad classification o Dewey or Library of Congress classification o Format (Bind) o Descriptors (board book, large type, picture book) o Language o Print Run o Demand level o Price ® User interface images follow: grange �eEln*=rni?-rngnRRi-MS Part 5 Page 11 City Council 11 — 41 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Bibz Search Screen ERSHATCHA i SW Out I He4p ?fit on B i r j z Enter i �R.. 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Free Gu+de to Creatin$jtl,l9-7�Lj-.L.`>--iy€ $ NXW.7S�9 Hodcover 478}53S+ds300 Grand Cenral Life 03262019 On Order344 $7&20 i0 d y 33X,024 & style _ }he PAte wr Prr rl an Hea 97&163557a111 Bloomsbury On Order:283 E1620 0 [are�•andtl4,YLt0 11i MgjW rlarw Hardcover 338.4736 Publishing ��022019 Pub lnv:25 31 - - ©!! !! orange G@ %y01_2403 1883-MS Part 5 Page 13 City Council 11 — 43 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Bibz Expanded Title Display Bibz provides a wealth of bibliographic information and review citations from all of the major public library review journals. 96Woreb L for ow ff2LJMMM3iJ 25 AUIthar, Ray, RaChW CDALEth0r. Dash. Ava -FO.. iMaarper& - Bob_- MARC Records CE-; LC: FZ-. I A7 14 1 D 2 L-g..s- E-,94s', I 3GN-I3:"7K3-eW-' T!M! LCCN: C 1 ?( 7 -9;-[ Imprint. iimrrT Pat -on Qiioxs P.x, D.- 12" alolq A-HAHAc : A-ii..:, 1. -A, 30 Demend,14oL Pli.L A"el " 00Q P"-bL",he.-;L'VK!r. drawn a"d Et. 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Sh, Icsr and --pp,d I-, h- TL^nx her 17m- h... m;eten.i he. ir. rck. he- h-y-drn.the' r,7et --I Ir: ir i- -itn srandfetfi-, pays tic.: es cv lindirt- -ter Tj, nor -1t,,,v oa- P -,Iho d,d c i xPsa•I Ks ,, ' In -Mch , co-,r~- of bcjs.;v on, he.- �oyal v.,e -1, a X-'-f5r e4 1 '-rn-r. For readinF, end a boy j.. '-a tea,4- es ;, er rhzc in there - 96 differen-wa',- - siy d- w-rd A.-odern �te!lm;g of [he xhassl. Ind an !Igef'6 'n7 o'w L;e.hy.ncd. 91, 5',Vds iIr L_'. a sw!, cL-L Tier, Ni -0, pi— 22I)PP 5--d Kirg.- R-i- Vef•e, Reya Lntnn sp-& . -rctlh- nt am ashram in ind+a, she chose: Li-t Ind he,-IF7 She .1- has a plvn: •vijo- in 'rigks- -,iT Uc' 4 and 'rnak.• her Inc, ,, and b,rir i '4-w' blact, oEh,r h,F if klrs,�-df Id,' ',flng the summer aft=rhig- sch-i at die Pishi Kan- ..h­ in MtF he, cousin A-nd; Isderini-'.not the plan-L-Lil ,he . P. � -' 'a f'-- e .. g,y, ;dyir,b she's 1e'f ;.0,ern, .9 t-,V,! la PA,,� n. I-ndf hIddvi C L.'11 7e '+r - IroLind, AZa:-r he.t betr-'rId-17 Ra,,,n 7,-- -b-he -h- -,,here she --p,-IIVfzl's I r c�-- -i+ nTraq , huddi- riiromak-'" break; -- r6A= as -55i: -23- ., Ry. %[I-,.!,e- 1r, the D—, -. 'ai z5 in 7-e a-d -. - =-z V-dee 1eF Rz,C, -.-I -es -1 Lp, -.h, re-? 9uer.rrn -- r-., rn,haz she w,-. rf rode Wr ohn <[ ,, - 7 env --A f"' c'f Hind--r53,th ii---k—,m 'the book f-t­ a di- - --f S-ppie--th equally zii--- -.-- a 1--y dr- -t'MS Orange Cniint� ' 4 Q1')-CQ:IQRRI-M-'; Part 5 Page 14 City Council 11-44 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 2. Access: • Annotations plus full -text reviews from ten journals • Custom lists provided through the TIPS, FASTips and Collection Builder services • Specialty lists built for public libraries • Link to your library's holdings • MARC on -order records • Order History to view item status • Invoices 3. Build: • Your own selection lists and orders • Selection lists to be shared with others in your library • Local notes for others in your library to see 4. Manage: • All selection lists, including shared and special • User access, determined by your administrators • Prevention of duplicates according to your preferences ® Grids —create templates and revise at your convenience 5. Order: • With grids reflecting your branch/location codes, collection codes, item types, and funds • Directly via the Web • Import records into the library's ILS for EDI ordering • Access the order history for all of your accounts Orange Ge`w %y Q12-rn:mRR'A-MS Part 5 Page 15 City Council 11 — 45 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Additional Bibz Features & Functionali Sort sequence: Titles in search results and lists default to Title/Author sequence and can be resorted according to your preference. 2. Duplicate check':n : Bibz provides automatic duplicate checking against all your lists and orders. Icons indicate whether the title is in another list or on a submitted order. In addition, these icons link directly to Duplicate Detail screens. Duplicate check options are also available when adding a title to a list. The user can set the preference for the level of duplicate checking (e.g. do not alert on duplication, check for duplicates in the target list by ISBN, check for duplicates in all lists by ISBN, etc.). In addition to these features, it is also possible to check duplicates for an entire list. 3. Library Holdings interface: When viewing your selection lists through Bibz an "H" icon will serve as an indication that the title is in the Library's public catalog. There are two types of holdings interfaces available in Bibz: Smart Holdings Interface: if your Symphony system is Z39.50 enabled, "Smart Holdings" will automatically search every title on your selection list and only display the © icon for ISBNs that have been; verified to be in your catalog. Clicking on the Icon will connect you to the title in your online catalog. Classic Holdings Interface: If your Symphony system is not Z39.50 enabled, clicking on the © icon which appears next to every title in Bibz will execute an ISBN search in your catalog and display the title when found. 4. GridTem fates: Bibz allows predefined grid templates to be applied to a single title to as many as 100 titles with a single click. These grid templates may have an unlimited number cf order lines. Typically there would be one order line per branch. The order lines can indicate location, collection, item type, and fund information. A single list (aka cart) can contain up to 5,000 items and 50,000 order lines. Bibz Grid Management will allow the library to create an unlimited number of grid templates at no charge. 5. Fxpenditurg Reports Generate expenditure reports by fund and location. 6. Administrative functions: Users can be designated as administrative or non -administrative. Administrative users are empowered to-- * Create and remove users and assign new passwords Grant user access privileges for assignment of accounts/processing profiles, branches, and funds, as well as order submission ® Create families and assign membership in thosefamilies ® Set grid values and create grid templates, assigning them to specific users ® System settings allow the interfacingto your Integrated Library System for holdings lookup Orange Q961m% 011401 LRR2_Nnc part 5 Page 16 City Council 11 — 46 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 7. Brief on -order record oi3tions, Bibz.com provides brief on -order records with item level information through the Download MARC Records function within a list. Records may be downloaded for orders according to your needs. Save them to your local computer or deliver to your ILS UP site. Our flexible MARC mapping tool enables us to customize your on -order bibliographic records and item records. Brodart enters the accounts, processing profiles, and branch locations. The library would contra! the values that are loaded for the grids for collection codes, item types, and funds. There is not a limit to the number of funds that can be entered. 8. _order History: Access all of your orders submitted to Brodart, regardless of the order source. A summary is provided indicating item status. Orders may be searched and sorted to provide quick reference of specific details. Each order can be Opened to show title level detail with current status information such as shipped, in process, hack ordered, cancelled, etc. Wallows you to download brief MARC records for orders submitted online. Bibz order History Screen Search1}ype: it Orders _; Iides Fnsvic GOMM cv Product: BOOKS&A4 --__ _ !_-- Search For: Date: Past]41hm71s f-1-1 17Lvichurp Iierus T1 Ere Found dErTMn t. Acnon: Uearate?rtm ettt::?13}' •�- - Order Date'V Order End V Owner A Order Name_• Order No. Status PONurtibet A �0.6-:6I181uef>cure[ D„_'016 04"':2016 7CIPRL�S7 �a�rd \3ltet Ls� 114'?9 uOSF7. ai>:L• btesa.. letmatkeLn¢ 11 1] 2015 0107'_016 Tr3RM' ; . alML: C:L OSFD ALAILNI Search Iotah Iides: >76 Caucel: Quantity-: 647 Shipped: 6-I` Open: 0 IremList: Item Net. SiG:387a3 SE.173 7_' In Process: 0 Reserved: 0 V15: S0.00 On Order: 0 S3H: St1.00 \1p: 0 On Hold: 0 Torah S8.173.75 ProductA Service A Trtiesi Shkppedr NYP+ Cdneeh Ob Ndid: Orde' 4. _A order Source_A Oty _-7rocc_wlkli Onorda: i185Yrvsu ;a%iPiice . ,Items Onh- 10 BOOKS Dalu?e 20 a5 Items Onv .. ---14 - -- - 14 - 0 _ 0 .. 0 BOOKS Ocbne -4 In addition, you are able to view and print invoices by clicking on the radio button for "Invoices" in the Order History screen. You can search for a specific invoice number, ISBN/EAN, purchase order number, packing slip number or account number. Invoices: Access your POE invoices from Order History SEARCHHOME ORDER HISTORY icwrh Irpe: Orders . Parchase Order•- InvoiceNumber: Number: - — - - -_ — Packing Slip FSB1!>✓�tilC PC:. \umber. Intl: _ihlll.•rif[a oEi•_ _ --- _ [S,IlLrtetd Invoices►vmFouud Bill Io Account `lumber: Ship Io Account '-Number: Acrioa: GewatePriutFsiedd �PDF ► "Purchase to Document Date • Order Packing Slip ♦ Bill To Number Ship To Number r View Document invoice Number W Document Number ♦ Number - - _ ' B5134_7 9J-}IO?3 - - - 10;614597000 -20202 4=0'0'6 cril B51:4217 9 0908 _ 1013'2617 17D�TM7 104614596000 420202 4202026 55_134671 ;9440415 J0'18?017 F$IATi)04 10�615fSEg0 42020'_ — i 4_'0.0_6 Orange CA— pt-rn2nszszR_nay Part 5 Page 17 City Council 11 — 47 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 PLACING ORDERS Brodart will set up accounts for your library based on your specifications and provide as many accounts as required. You may add new accounts, delete old accounts, or change the name and address information at any time. Multiple ship -to accounts will be linked to the appropriate bill -to account. Each ship -to account will include a five -line address which includes the Orange County DO# and account number. The information will link to related cataloging and processing specifications. Separate accounts will be set up for the current and upcoming fiscal year so that the library can order materials for the correct fiscal year billing cycle. Thus separate invoices will be issued according to the fiscal year for which the items were ordered, Selections in Bibz can be merged and sent as one central order. Brodart will separate, process and ship the orders to the appropriate branch. Separate invoices will be issued for each shipping location (branch). Funds will be tracked for each branch and the library will be notified when the fund spending threshold has been reached. Rush accounts can be established for ordering materials that are time -sensitive. Advanced orders can be placed 6 months or more before publication date. Orders for special events can be monitored by your Account Manager to ensure on -time delivery for your event. Brodart offers a number of methods for submitting orders: Submit your order directly to Brodart through Bibz, Brodart's online collection, development and ordering tool. Import on -order records from Bibz in a format developed especially for your Symphony system. You can import on -order records directly into your system with or without the distribution information. On -order records are typically used to create a purchase order in the ILS. ® Submit orders directly to Brodart from Symphony. Brodart fully supports X12 or EDIFACT formatted electronic business transactions including purchase orders, order acknowledgements, and invoices. ® Fax orders to 800.999.6799. ® Telephone orders by calling 800.474,9802. ® E-mail orders to bookscs@br.odart.com, * Mail orders to Brodart Co. Books & Library Services, 500 Arch Street, Williamsport, PA 17701. BRODART SYSTEM INTERFACES Brodart has long-standing relationships with every major integrated library system vendor including SirsiDynix. We continuously work with all of these ILS vendors to manage existing interfaces and develop new functionality when the opportunity arises. We currently have Orange Cc.IntV ni ?-rngnas 'l-MS Part 5 Page 18 City Council 11 — 48 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 established interfaces with each integrated library system for acquisitions, invoicing, collection development and cataloging. We fully support EDI ordering as well as EDI invoicing. Our interfaces include: EDI Ordering — Brodart has the ability to receive orders created in Symphony and return EDI order acknowledgements to update the ILS. ® 9XX ordering -_Brodart also has the ability to upload ors -order records with or without 9XX order information from Blbz to Symphony. In addition, item level information received in enriched EDI orders is utilized for both cataloging and processing to meet library's customized requirements. Invoicing Services — For orders placed via EDI, electronic invoices can be generated and posted to our FTP site for immediate download. Prins invoices can also be mailed to the address designated by the library. ® Collection Development Services — Brodart's selection lists can be loaded into your Symphony system. o Cataloging Services — Brodart has developed interfaces with all of the major ILS systems for all levels of our automated and customized cataloging services. Cataloging records as well as holdings records can also be customized to meet your Symphony requirements. ODDER FULFILLMENT Brodart stocks materials according to public library demand. Material can be ordered 6 months or more prior to publication date. Items ordered pre -publication or not in Brodart's inventory will be ordered immediately from the appropriate publisher. Our order fulfillment system places orders with all publishers on a daily basis. in order to provide the fastest possible service to our libraries, we do not require minimum order quantities and we do not accumulate customer orders to meet a minimum order quantity. This policy allows us to fill 85% of all customer back orders in 3 vveel<s, with overall fill rates of greater than 98% of available titles. 1. Street Dates Brodart understands the importance of receiving pre -publication materials prior to street release date. Our policy is to catalog, process and ship books immediately upon receipt from the publisher. As a result, the library should receive popular titles prior to street date. Please note shipment of pre -published titles is dependent upon when these titles are received at Brodart from the publisher. Because these items arrive at the library on or before the street release date, we ask that our customers have policies in place to ensure that they are not released to the public prior to this date. The street release date will be clearly identified on your packing list. Or Page 19 CI y Council 11 — 49 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 2. Packaging and Marking of Shipments Each carton will weigh no more than 25 pounds. Cartons are labeled with the account type and the number of cartons in the shipment, so that when they arrive at the library the account type can be clearly identified. The shipping label includes the account name, purchase order number and packing slip number and is applied to the top of each box. We take special care when packing your order. Brodart's boxes are made of heavy corrugated cardboard and are extremely durable. Larger items are packed first, then smaller ones and are packed spine -to- spine to prevent damage. The number of items, their thickness, and weight determine the size of the box used for packaging. Boxes are filled with thin newspaper -type packing paper. Self-adhesive shipping labels are applied to the top of every box. Boxes are sealed with tape that is constructed of paper, string, and glue. Boxes within a shipment are numbered (i.e. 1 of 6, 2 of 6, etc.) and indicated on the top of each box. 3. Shipping and Deliver Brodart's single inventory location in Williamsport, Pa. enables us to fill orders quickly and efficiently. Shipments will be sent via UPS or FedEx F.O.B. destination from our warehouse to the branch libraries. 4. Advanced Shipping Notification Brodart is able to support a library's Advanced Shipping Notification (ASN), carton -level receiving process which provides efficiencies to the library by eliminating the scanning of individual items. The library's ILS system must support the ED! 856 ASN standard protocol. For libraries set up with ASN Brodart will scan each item on a packing slip into a carton(s). Once packing is complete an EDI 856 ASN-compliant transaction file is generated and a carton label is printed with a corresponding SSCC (Serial Shipment Container Code) barcode (see carton label image below — SSCC barcode outlined in red). The SSCC barcode number matches to the ASN transaction file. Upon shipment Brodart will transmit an EDI 856 ASN transaction file to the library. Upon receipt, with a scan of the SSCC barcode on the carton label, all the items in the box are marked as received in the 0 l '11[!� NNIFF111 103.356,.oa, CONTINW, IONS QEPAR-M NT VdW35 ABC PUBLIC LIBRARY $RANCH USPAPL ACC :1BRARM 3745 PUBLIC. LIBRARY WAY MILAy.S ORT PA 1T701 us + aG r $007ST- I I A.0M4 PLE.5 RUSH.^J�I;• ER'; SSCC IOC rhGq?cF1.11h^4`.30Cv=< library's ILS system. There is no need for item -by -item Carton label with an SSCC Barcode for ASN scanning. This process speeds the time -to -shelf for items Receiving received by the library. Ora Page 20 ity Council 11 — 50 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 MANAGEMENT REPORTS Brodart offers a number of management reports to help keep you informed of your order status. Customized reports can also be generated upon request to your Account Manager. 1. Packin 51i Brodart's packing slip, which includes the title, author, ISBN, quantity shipped, customer purchase order, and list price of each item, is packed in the last carton of every shipment. The carton indicates that a packing slip is enclosed. This packing document shows a control number, which can be matched with a corresponding invoice. 2. Confirmation Re art Confirmation of titles ordered as firm orders or standing orders can be supplied to the library when orders are entered. The Confirmation Report will include the author/editor, title, ISBN, list price, discount, extended price, and status (not yet published, out of print, must order direct) and is available via e-mail or FTP. The confirmation reports are generated by account number, and titles will be arranged alpha by author or by title. Orders transmitted via EDI will receive an EDI acknowledgment within an hour stating the status of each item ordered. 'Web site orders transmitted through Bibz, Brodart's online collection development and ordering tool, will receive same -day order status information. 3. Ors -Order Title Status Report Brodart offers a number of options for reporting order status information. The Order History tab in Bibz allows the library to access not only orders that have been submitted through Bib%, but also orders submitted to Brodart via EDI, telephone, or any other order method. A summary is provided indicating current status (entered, booked or closed). Orders may be searched and sorted to provide quick reference of specific details. Each order can be opened to shovv title level detail with current status information such as shipped, in process, back ordered, cancelled, etc. This can be used in place of or in conjunction with confirmation, status and cancellation reports. If preferred, the library can receive order status information via Brodart's On -Order Title Status Report. This report will identify, by account number, the status of outstanding titles on order. This report includes the ISBN, quantity ordered, author, title, customer purchase order number, list price and order date. The On -Order Title Status Report is available weekly, monthly, or upon request via e-mail or FTP. 4. Fund Reports Fund reports can be sent to the library on a weekly or monthly basis so that staff can monitor expenditures for the collection. Brodart's Do -Not -Exceed (DNE) system provides accurate fund accounting for all orders placed with Brodart. This system allows the library to specify the exact amount of money budgeted by branch, category or account type and will fulfill all orders up to, but not exceed the monetary limit. In addition to the budgeted amount for each defined category the Fund Report states the invoiced amount, backordered amount, cancelled amount and the total amount encumbered (ordered, backordered, in -process and invoiced). Brodart's DNE system will encumber items at the actual invoice price (net price of the item plus processing charges). This will provide Fund Or - Page 21 Ci y Council 11 — 51 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Reports to ensure the cost of the collection does not exceed the budgeted amount. 5. Cancellation Re o Brodart can automatically cancel backorders 60 days after the date the order was received. We notify all libraries of cancellations on a title -by -title basis. The Cancellation Report will include the ISBN, quantity ordered, author, title, list price, purchase order number, and the reason the title was cancelled. Cancellation reports are available weekly or monthly via e-mail or FTP. 6, Statements Brodart customers receive monthly statements only when there is a balance due on their account. This statement includes the account's billing address and Brodart bill -to account number. It also includes the invoice number, item date, purchase order number, item amount, and balance owed. CUSTOMER SUPPORT At Brodart, the sale does not end with delivery of the product. We value an ongoing, supportive relationship with your library. Our Customer Care staff is happy to answer any of your questions or provide any additional information you may need. Your Account Manager is available by calling Brodart's toll -free number 800.474.9802, Brodart responds to all inquiries vvithin 24 hours. Y. Quality Control Brodart's come-nitment to quality is vital to all we do. This is reflected in the flexibility of our services. We believe that quality begins and ends with our customers and we strive to always satisfy ,your needs. Our automated conveyor system uses state-of-the-art technology to transport and manage orders through the production area. This warehouse management system monitors the status and location of every order at every moment throughout the process, minimizing errors and maximizing service time. Once production has begun, our quality control staff will ensure that your specifications are met. Brodart goes to great lengths to ensure the accuracy of our cataloging, linking and physical processing. Our goal is to ensure that our staff has a full understanding of your specifications and local practices and is always informed if your specifications are changed. Quality control checks occur throughout our process to make certain your specifications are met. Checkpoints include data entry, picking, title checking, stamping, jacketing, labeling and packing. Materials are also inspected for publisher defects and when found are rejected and returned to the publisher. Our goal is to provide our customers with the highest quality service in the industry. This commitment is rooted in our values and is essential to our success. Oranno Co-wZy n12_r'n:1nRR'1-M1; Part 5 Page 22 City Council 11 — 52 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 2. Credits and Returns When the occasional issue occurs with this highly manual process we're happy to offer a credit or a no charge replacement as follows: Any item received darnaged, defective, or not as ordered (wrong title supplied, short shipment, etc.) will be replaced or a credit will be issued. Freight costs for these returns will be covered by Brodart. All vendor errors will be handled in this manner. Requests to return items for any other reason will be handled on an individual basis. While we make every attempt to satisfy our customers regarding defective items, we ask that items showing normal wear and tear not be returned. Authorization from your Account Manager is necessary prior to returning any item(s). II. INVOICING SPECIFICATIONS: Describe how each item listed in the scope of work invoicing specifications is met. If a specification cannot be met, provide a brief explanation. Invoices and Payment invoices are available in paper or electronically via e-mail or FTP. Our invoices include the title, author, lSBN, publisher, published date, quantity, list price, discount, unit price, extended price, value added service charges and appropriate sales tax as well as your purchase order number and Document Order number. Cataloging and processing charges can be either billet on a separate invoice or listed on an item invoice as a separate line item. EDI formatted invoices are available for orders sent to Brodart In an EDI formatted purchase order transaction. Brodart offers a number of invoicing options: an invoice to match every packing slip ® a consolidated daily invoice a consolidated weekly invoice a consolidated monthly invoice Separate invoices can be issued for each shipping location (branch). Separate accounts will be set up for the current and upcoming fiscal year so that the library can order materials for the correct fiscal year billing cycle. Thus separate invoices will be issued according to the fiscal year for which the items were ordered. Fund Reports will be provided and will include the budgeted amount, backorder amount, invoiced amount, balance, number of items invoiced, number of items cancelled, number of items backordered and number of items in process for each branch. Our payment terms are net 30 days from the date of the invoice. A monthly statement will be sent to the library when there is a balance due on your account. Or - Page 23 CI y Council 11 — 53 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 III. CATALOGING SPECIFICATIONS: Describe how each item listed in the scope of work invoicing specifications is met. If a specification cannot be met, provide a brief explanation. Brodart's librarians are completely committed to book -in -hand cataloging. Our comprehensive, accurate MARC records are created to meet your library's unique cataloging and classification requirements. To meet the requirements in your RFP we are suggesting our Compleat cataloging service which is designed to get books on the shelves quickly and easily. This cataloging service is currently in use for the Orange County Public Libraries. COMPLEAT CATALOGING SERVICES Brodart's premier Compleat service provides material -in -hand cataloging and processing. Our professional team provides expert service to ensure your library's specifications are followed down to the smallest detail. This personalized service offers the assistance of an experienced team to work with your Technical Services Department to profile and maintain your local cataloging, classification, processing and account requirements. Your team includes a project manager, an account manager, a cataloging services librarian and a collection development librarian. Our Compleat service includes: * Catalogers searching the library's database via Z39.50 to locate existing records Full- level Brodart Resource Records Book -in -hand analysis to verify and customize cataloging and classification Maximize the value of grid templates to incorporate your local collection codes and other acquisitions data * MARC record and call number modification to meet your local practices in Attachment .A, Scope of Work Item records and local call number mapped to the tags and subfields required by Symphony ® Spine label formatted to your specifications ® Guaranteed full -level MARC and item records for every item received ® MARC and linked item records delivered electronically via FTP or e-mail a Update library holdings to OCLC 4D Physical processing customized to your specifications Brodart's Compleat cataloging and processing service provides book -in -hand cataloging and item level processing for English and Spanish -language material. Brodart will access your cataloging database via Z39.50. Our cataloging workflow begins with Brodart searching your database to determine if a matching bibliographic record is present. If a matching bibliographic record is found in the database, Brodart will use Z39.50 functionality to save the record to a local file. Your local 092/099 tag will be used to create a call number for added copies. A 949 holdings tag will be Orange Go pty 9 :240=183-144c part S Page 24 City Council 11 — 54 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 created for each item being added to the collection following Symphony's MARC holdings tag mapping requirements. When new cataloging is required, catalogers will review, modify, and upgrade existing bibliographic records or provide original cataloging to meet your local cataloging practices. A local call number in the 092/099 tag and a 949 holdings tag will be created for each item being added to the collection following Symphony's MARC holdings tag mapping requirements. After cataloging has been completed, all bibliographic records with holdings data will be saved to files which will be available to the library via FTP or email. Records will be Unicode U T F8 format. An email notification will be sent to library personnel so the records can be retrieved and loaded into your database. These files will be posted once a day on the same day the materials are shipped. In addition, Brodart can update your holdings with OCLC if desired. Brodart Cataloging Standards The Library of Congress is our primary resource for MARC records. When a Library of Congress record is not available, we create an original cataloging record. You can be assured that you will receive full - level, high quality cataloging records for your material. All of our original cataloging records are created according to National rules and standards. We base our descriptive cataloging on RDA (Resource Description and Access) and the accompanying Library of Congress -Program for Cooperative Cataloging Policy Statements (LC-PCC PSs) or AACR2r (Anglo-American Cataloging Rules; 2nd edition: revised) and accompanying Library of Congress Rule Interpretations. When an RDA record is available, we accept and modify the record according to RDA, when an AACR2r record is available, we accept and modify the record according to AACR2r. When both an RDA record and an AACR2r record are available, we will choose the RDA record and modify the record according to RDA. If no record is available, we catalog according to RDA. In addition, we use Library of Congress Subject Headings, latest edition, Dewev Decimal Classification, 23rd edition, MARC 21 specifications and Guidelines on Subject Access to Individual Works of Fiction, Drama, Etc, (GSAFD, 2nd Edition). We adhere to the Library of Congress rules for both MARC format and authority control, Our original cataloging records also incorporate the following Brodart standards: ® All names and subjects are authorized. A brief annotation in a 520 tag is provided for titles Brodart classifies as Juvenile or Young Adult Fiction or Nonfiction. ® A contents note in the 505 tag is provided for all short stories, play collections and volume sets. ® An age and/or grade level in the 521 tag is provided when it appears on the book. ® Subject Headings in the 6XX tags can include your choice of o Library of Congress Adult subject headings for Adult titles o Library of Congress Children's subject headings for Juvenile and Young Adult titles ­n _nac part S Page 25 ounal 11 — 55 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 o One or more Bilindex subject headings for Spanish and Spanish bilingual material IV. PROCESSING SPECIFICATIONS: Describe how each item listed in the scope of work invoicing specifications is met. If a specification cannot be met, provide a brief explanation. PHYSICAL PROCESSING SERVICES Brodart's processing options provide libraries with the industry's most comprehensive and versatile range of physical processing services to follow each account's exact specifications. Physical processing for Orange County Public Libraries will include: Barcode labels ® Spine labels ® Author letter labels for counting, boardbooks, readers, picture books and mass market paperbacks ® Genre and Classification labels as specified in Attachment A, Scope of Work ® Branch/Property label * Taped jackets for books with a dust jacket ® Label protectors for books with no dust jacket ® BrodartGuard paperback reinforcement IT Pocket for accompanying items Paperback Reinforcement Services Brodart's BrodartGuard and BrodartConvert reinforcement processes give you guaranteed paperback protection that is fast, easy, and affordable. Paperbacks ordered through Brodart can easily be reinforced or converted to hard covers using either of our affordable techniques. Brodart's in-house service protects your paperbacks without delaying your initial order. Your paperbacks are processed quickly and shipped with the rest of your items, saving you the time and expense of preparing separate purchase orders or receiving separate shipments. Both BrodartGuard and BrodartConvert processes are available for paperbacks ordered with or without additional cataloging and processing options. Brodart paperback reinforcement services: are easy to order —simply indicate on your order the paperbacks you would like to have reinforced. have no minimum order requirements. ® feature bindings that are individually handcrafted to ensure quality workmanship. ® have been perfected over 30 years of successful use. ® are guaranteed to your satisfaction. If you receive a book and the bind quality is unacceptable, you may return the book for replacement as long as the book is available from the publisher. Orange Cni intg n17-Cn-4nRR3-MS Part 5 Page 26 City Council 11 — 56 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 1. BrodartConvert Brodart's BrodartConvert service will stretch your book budget dollars by prolonging the life of your paperback books. The process uses the original paper cover of books at least %" thick, laminated onto heavy binder board and rebound with strong, permanently flexible glue. The result is a book with hardcover durability for a little more than the cost of a paperback. BrodartConvert is guaranteed to your satisfaction. 2. BrodartGuard BrodartGuard reinforces a paperback book using a 10-mil laminate to increase circulation durability. The one-piece process includes a 2-mil spine section to allow flexibility in movement and prevention of bubbling as seen in similar processes. The crystal clear, 100% optical clarity material and non -yellowing adhesive keeps the cover art attractive and bright. BrodartGuard is guaranteed to your satisfaction. 3. Turtleb k biindin Turtleback's high -quality bindings significantly extend the life of a book by using the finest materials and processes in the industry, More durable double -fan adhesive or sewn binding replaces the publisher's original binding. The publisher's colorful, illustrated paperback cover is scanned, digitized, and reprinted to produce new cover sheets that are wrapped around heavy hardback board. A lifetime guarantee on workmanship and materials accompanies the binding of every Turtleback book. Turtleback's growing collection of titles contains over 8,000 of the most popular titles for children and adults including Picture Books, Beginning Readers, Chapter Books, Middle Grade, Young Adult, Graphic Novels, Juvenile Nonfiction, Literature, Adult Fiction, Adult Nonfiction, Reference, Spanish. Easily access Turtleback's title collection through Bibz. r .el.'�.,1=j., n1 2-r'n2(1RR3-MS Part 5 Page 27 O r a.p ge�-e City Council 11 — 57 10/17/2023 DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ATTACHMENT B COMPENSATION/PAYMENT INSTRUCTIONS I. Compensation: This is a usage Contract between the County and Contractor for purchase of printed library materials, as set forth in Attachment A and A-1, "Scope of Work". The OC Public Libraries does not guarantee a minimum quantity of orders and will place order on an "as -needed" basis. The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of fixed prices specified herein unless authorized by amendment in accordance with Articles C — Amendments and P- Changes. Total Annual Contract amount shall not exceed 55.000.000.0.0. II. Payment Terms - Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship -to address, unless otherwise directed in this Contract. Vendor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services III. Payment -Invoicing Instructions: The Contractor will provide an invoice on the Contractor's letterhead for goods delivered and/or services rendered. Each invoice will have a number and will include the following information: a. Contractor's name and address b. Contractor's remittance address, if different from 1, above c. Contractor's Taxpayer ID number d. Name of County agency/department e. Delivery/service address f. Contract Number — MA-012-22010343 g. Date of service/order h. Service description i. Shipping & Handling, if applicable j. Sales tax, if applicable k. Total Cou f 31 OC Ij7X;16-UMj�ies BRODARTCoi -3, 58 10/ 1 7f202&887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 Billing Address: All invoices must be mailed and bill to: County Administration South Building Attn: OCCR/Accounts Payable 601 N. Ross Street 6"' Fl. Santa Ana, CA 92701 Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. Invoices shall be included in each shipment or send to the ship to address. IV. Payment (Electronic Funds Transfer [EFT]): The County of Orange offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Deputy Purchasing Agent listed in the Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form. V. Taxpayer ID Number: The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing. CI31 OoCu �Q0�ies BRODARTCo*Aan3L 59#2C239887 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ATTACHMENT C PRICING SHEET WITH THE EXCEPTION OF THE APPLICABLE CALIFORNIA STATE SALES TAX, PRICES SHALL BE INCLUSIVE OF ALL COSTS INCLUDING FREIGHT / DELIVERY / SHIPPING & HANDLING CHARGES AND PROFIT. tip 1 1 Trade Hardcover Description Price Quote List Price Less 47.3 2 Paperback List Price Less List Price Less List Price Less List Price Less 41.5 41.5 25.5 47.3 i 3 Mass Market Paperback 4 Reinforced Binding 5 Large Print 6 I Technical, Educational & Scientific Editions List Price Less 11.0 7 Shelf Ready Cataloging/Processing $3.60 per book g Mylar Rook Jacket Covers $0.60 per book 9 Kapco Easycover or Equivalent (for reinforcing $1.95 per book paperbacks) 10 Additional Items/Charges (specify) N/A Items on which Brodart receives minimal or no discount and / or the publisher requires prepayment may be discounted at the non -trade discount (11.0%) or invoiced at the publisher's list price. Please see Brodart Pricing Proposal for more detailed information. Coun o r} ' e II rigrna - - f 31 OCC Phrb�hies BRODAR 7 ; p 60 10/ 17 �os87 Printed Library Materials DocuSign Envelope ID: 85813D13-C988-407D-B813-593168504340 ATTACHMENT D CONTRACTOR'S RESPONSE TO RFP-012-CO30883-MS Intentionally Left Blank Cosaeq ef6�r+�rrge LZigi�^rC^�'r^^'nre_nr�_��nrn3s3 Ea=j nf32 0C(1JCr�q�j�}ries BRODARTCo"avy 1 10/17 � 0887 Printed Library Materia s Library www.santa-ana.org/library Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Digital Content Hosting and Distribution Services AGENDA TITLE Approve an agreement with Overdrive, Inc. for digital content hosting and distribution in an amount not to exceed $405,000 and an appropriation adjustment in the amount of $16,639 (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an amount not to exceed $405,000 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an appropriation adjustment to recognize $16,639 in California State Library California Library Services Act funds in the miscellaneous income revenue account and appropriate the same amount into the Library Tech & Support Services, Computer Software Subscriptions expenditure account. (Requires five affirmative votes) GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On January 19, 2020, the City Council approved an agreement between the City of Santa Ana and Overdrive, Inc. ("Overdrive") to provide content hosting services and digital content such as e-books, e-audiobooks, e-magazines, and video streaming. The Library would like to enter into a new agreement with Overdrive to add an additional $25,000 for digital content for fiscal year 2023-2024 and increase the annual amount from $70,000 to $95,000 for subsequent years. In recent years, electronic content such as e-books, e-audiobooks, e-magazines, and streaming content have become very popular, and an essential part of the Library's digital services platform. As a result, the Library Services Agency proposes to increase funding for Overdrive in order to purchase additional digital content. Library patrons can access Overdrive content through various methods that include the Santa Ana Public Library's website, Libby app (by Overdrive), or on e-reader devices. Using Overdrive, City Council 12 — 1 10/17/2023 Digital Content Hosting and Distribution Services October 17, 2023 Page 2 patrons can browse the Library's digital collection and check out materials with a valid Santa Ana Public Library card. From there, users can easily download their books, magazines, videos, or audiobooks to their computers or mobile devices. Titles will automatically expire at the end of the lending period. Downloadable titles offer library patrons of all ages a convenient way to access information and materials from home or anywhere there is an internet connection. As a full member of the Santiago Library System, which is a consortia of libraries in Orange County, the Library received California State Library California Library Services Act funding in the amount of $16,639 to apply towards Overdrive's services. FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget, and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows: Accounting Accounting Unit, Fiscal Year Unit- Fund Description Account Description Amount Account # 01111190 — Tech & Support FY 23-24 66511 General Fund Services, Computer $16,639 Software Subscriptions 01211020 — Cannabis Public Tech & Support FY 23-24 66511 Benefit Fund Services, Computer $8,361 Software Subscriptions FY 24-25 01211020 — Cannabis Public Tech & Support Services, Computer $95,000 66511 Benefit Fund Software Subscriptions 01211020 — Cannabis Public Tech & Support FY 25-26 66511 Benefit Fund Services, Computer $95,000 Software Subscriptions 01211020 — Cannabis Public Tech & Support $95,000 FY 26-27 66511 Benefit Fund Services, Computer Software Subscriptions FY 27-28 01211020 — Cannabis Public Tech & Support Services, Computer $95,000 66511 Benefit Fund Software Subscriptions TOTAL $405,000 EXHIBIT(S) 1. Agreement 2. Notification Letter Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Steven A. Mendoza, Assistant City Manager City Council 12 — 2 10/17/2023 AGREEMENT TO PROVIDE DIGITAL CONTENT HOSTING AND DISTRIBUTION FOR THE SANTA ANA PUBLIC LIBRARY COLLECTION THIS AGREEMENT is made and entered into this 17th day of October, 2023 by and between OverDrive, Inc., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of digital content hosting and distribution. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A including but not limited to hosting a digital online e-library providing e-books in both English and Spanish, audio books in both English and Spanish, streaming videos, young adult content and teen content. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Four Hundred, Five Thousand Dollars and Zero Cents ($405,000). b. Any monies allocated for each year in Exhibit B, but not utilized, may be used in subsequent years provided the total Agreement not -to -exceed amount does not change. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 City Council 12 — 3 10/17/2023 3. TERM This Agreement shall commence on November 1, 2023 for a term of thirty-two (32) months, ending June 30, 2026, with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. RESERVED 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain for the duration of the contract 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 by Consultant, their agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Page 2 of 9 City Council 12 — 4 10/17/2023 (4) Professional Liability and/or Errors & Omissions Insurance: applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (5) Broader Coverage: if Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions (1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant'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 2037 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims -made coverage: Page 3 of 9 City Council 12 — 5 10/17/2023 i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents priorto the work beginning shall not waive Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and 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, Page 4 of 9 City Council 12 — 6 10/17/2023 to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant 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. Page 5 of 9 City Council 12 — 7 10/17/2023 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the fact that payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 9 City Council 12 — 8 10/17/2023 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. 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. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 9 City Council 12 — 9 10/17/2023 With courtesy copies to: Executive Director, Library Services Agency City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-627-4211 To Consultant: OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 Attn: Erica Lazzaro, General Counsel Fax 216-573-6889 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. 21. REPLACEMENT OF PRIOR AGREEMENT The parties acknowledge the prior agreement between the parties (A-2021-012), dated February 1, 2021, is hereby replaced in its entirety by this Agreement. This Agreement shall be effective, and the prior agreement shall be terminated, upon the effective date of this Agreement as set forth in Section 3 of this Agreement. Upon the effective date of this Agreement, all provisions of the prior agreement are hereby superseded in their entirety. Payments made on the prior agreement shall be applied to the services contemplated by this Agreement. [signature page follows] Page 8 of 9 City Council 12 — 10 10/17/2023 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: �:r i : B on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg4etr2, 2023 07:50 PDT) Brian Sternberg Executive Director Library Services CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: DocuSigned by: e2�:GA� SDF278BA527OA480... By: Erica Lazzaro Title: General Counsel Page 9 of 9 City Council 12 —11 10/17/2023 EXHIBIT A SCOPE OF SERVICES City Council 12 — 12 10/17/2023 Statement of Qualifications Firm and Personnel Experience: OverDrive Company Profile OverDrive has provided secure digital content hosting management and distribution since its founding in 1986. As the possibilities of the internet and digital books evolved through the 1990s, we refocused our mission. OverDrive launched our content distribution service in 2000, and since that time, our reach has rapidly expanded. Along with the industry's leading digital reading platform, OverDrive now offers the largest digital content catalog in the world to more than 38,000 libraries and schools in 70 countries and the highest -rated apps that are built to create reading happiness. OverDrive employs over 300 full time employees at its world headquarters in Cleveland, Ohio. OverDrive strives to provide unparalleled customized services to all library, school, and academic partners to ensure successful digital collections are built and maintained with digital content that will be well -circulated and relevant to that community of users. Through the years, we've learned from our successes and challenges, and, most importantly, from our partners. Account by account, we've established long-term, trusted relationships with publisher, library and school partners around the world. From the beginning, it has been equally important to align with the mission of our global network to support communities with passion and collaboration while championing reading literacy. As we continue to reach for new goals, OverDrive's vision, mission, core beliefs and values remind us of who we are as a company and what we strive for each day: A World Enlightened by Reading. OverDrive is a Certified B Corporation, a growing global movement of people using business as a force for goodT"'. OverDrive earned this certification for the company's commitment to social and environmental performance, transparency and accountability. OverDrive is proud to be a certified B Corp and to celebrate everything we stand for: Empowering communities with our services, supporting literacy and creating reading happiness; supporting initiatives that offer work -life balance for our employees; and incorporating work practices and business policies that strengthen and preserve our environment for future generations. To be a B Corporation is a chance as a business to be accountable and solve social and environmental challenges that we face today and tomorrow. In addition to championing the needs of readers and seeking to delight more readers every day, OverDrive is committed to recycling, volunteering with local charities, professional development for employees and providing a positive social impact. Today, there are thousands of Certified B Corporations around the globe. OverDrive is proud to join this prestigious group in redefining success in business, so that one day everyone uses business as a force for good. OverDrive Personnel Assisting with The Santa Ana Digital Service: Sarah Delano, Account Specialist: Sarah helps Santa Ana Public Library with the day-to-day upkeep of their website, general inquiries, facilitating fixes for technical issues, and providing customized marketing or training upon request. Sarah Delano is an avid reader and has been active with libraries since a young age. After graduating with a Bachelor's of Fine Arts in 2014, City Council 12 — 13 10/17/2023 she immediately entered the book industry full time and has fallen in love with it ever since. Sarah has been an Account Specialist with OverDrive for two years and she currently works with West Coast libraries from Alaska to Hawaii. In the event of Sarah's unavailability, her manager, Leslie Prusinski will assist with any matters that may arise. Meghan Volchko, Collection Development Specialist: Meghan assists Santa Ana and other public libraries develop their collections through reporting and analysis, budgeting, marketing programs like book clubs, and more. Meghan's love of libraries started early, hiding in the book drop while her grandmother worked the circulation desk at her local public library. Meghan graduated with an MLIS from Kent State University, then worked in academic libraries until coming to OverDrive in 2014, where she has worked for the last 3 years with public libraries on the West Coast and in Arizona. In the event of Meghan's absence, the OverDrive Collection Development Analyst for Santa Ana Public Library, Emma Dwyer, or her director, Karen Estrovich, will assist with any collection development needs. Sarah and Meghan will utilize their work time as necessary to provide any and all assistance requested by Santa Ana Public Library related to the OverDrive service. OverDrive does not utilize subcontractors to provide the services proposed in this bid. Implementation Plans As an existing OverDrive customer, there would be no required new implementation to maintain the current service for the start of a new contract. The following provides information regarding the OverDrive platform, support options, and features, including specific options currently utilized by Santa Ana Public Library- such as the multilingual interface and availability of Kindle format (available for library lending only from OverDrive). Authentication Santa Ana Public Library connects to OverDrive through their TLC system in order to validate patrons. They are currently using a SIP connection in order to provide seamless access to users. As of 2017, Santa Ana is also using Content Access Levels in order to help Juvenile users only see age appropriate content. If Santa Ana were ever to change ILS systems, OverDrive would be able to assist with the settings for the OverDrive platform at no charge. OverDrive is able to work with nearly every ILS vendor on the market including Polaris, Innovative, SirsiDynex, Koha, and Evergreen. OverDrive is also able to authenticate using Patron API connections, rather than SIP, and allow any library to use our OverDrive APIs in order to better their catalog. The addition of APIs to a library's catalog would then allow users to checkout titles, place holds, and see availability before even going to the OverDrive site. City Council 12 — 14 10/17/2023 OverDrive-Hosted Digital Collection OverDrive's all new, redesigned and optimized customer facing website offers unparalleled navigation and personalization for patrons (https://santaanapubliclibrary.overdrive.com/). When the patron first visits the library -branded page (all system -wide updates are also included at no additional cost), they will encounter curated collections designed by their library's staff. They can also choose between different language interfaces, including the English, Spanish and Simplified Chinese options currently available at the Santa Ana Public Library site. OverDrive offers many other foreign language UI options to allow for the widest possible audience to have the capability to utilize the digital collection. Q',,,.,W Ana P.Ih1 l,b, y Meet Libby. Q�a Ana Nbk Library Descubra....e,,ibby.r.... ro. w ® -M. Ana Public 1,b, , 4 - LM m OverDrive's all new customer facing website in multiple languages, with redesigned covers, navigation, predictive search, and account capabilities City Council 12 — 15 10/17/2023 If a patron is already logged in with their library card to the patron -facing website (the library card number can also be stored on their device to avoid logging in every time), a title can be checked out in a one click. As shown in the screenshot below, a patron can easily identify available content for borrowing, as well as easily see when they are able to place a hold on a title to join the waitlist. Once the patron clicks the blue "BORROW" button below, the title is automatically added to the patron's bookshelf, where they can instantly read it in their browser by utilizing the OverDrive Read (browser -based) eBook format without any required software programs (or can they choose to use the OverDrive apps). Once Read Now option has been selected, the title will instantly open in the patron's browser via the OverDrive Read format and allow the patron to read the title instantly in the current browser, as well as sync their reading progress across all of their browsers to ensure that they can pick up reading later right where they had previously left off. E7�l0 Gabeneariydroppedhissock-It %ybackpack,'%amiavipa^" "Sure a"Aoa'a leaned hack c-+wally wr+he Dadpe's hlr+eand- whi. 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"( u, x :'Whit me you g—, do when d.e'lady' i quesfion finds wx this --ride dawn, beloup tp you Gabe asked, "I'm not wowied about it^ Aoc-a zipped Gabe's pack up mW bit ira the candy ba he'd bkeu Lem it. "they just kaae w get closz emugh far ate to ask them ra pa.ty at yore Imuse tivs wed...' M Patron's checkout can be instantly read in their browser with the OverDrive Read format Within OverDrive Read, a patron has numerous options on how to best enjoy their title. OverDrive offers patrons the ability to set bookmarks, jump to pages/chapters, view their reading history within the title, designate their Reading Settings (such as text scale, lighting, book design, dyslexic font option, etc.), as well as download the title for offline reading with the Offline Access feature. City Council 12 — 16 10/17/2023 ❑ we,n.w d Q R e.A.',nrwY Fm<rm h�ee<d �r h<.lAw.<te3 huAur e:®a, n sesr'a+ n<mn haanm,e,ai.f an<ot m<e-awn rm<.[.nlnnm++wi {<wc}nol uw, u,b..n, buoe mm+nrd e„r h.�e mea n py Msk<Yr oOnlnPr<1�ro ex hoxnwrbed: rssrivu burp :=gaprers ixn,rAM fer eYmR ro rnrcrem Leb= � m.kme f.n.p sow aF p rws<w hi.� pte, sm�,dwr Orn"�b.rna �Pw=el l.s,. waw-hnl � 9 "Hsi-M—pneAedhunrelf odrhecm mt ree<]md (o, Gahe'a W rlpark. wa:ppwk i<.':Le Y'mr kidd'a¢' \lymwu'c still fi.alduf q Heedlug5ernnes er rhetimeldra,'eiuY lvnNer'aCazS CaupednuripL We w,.d Jmi ulwu 1 x'xe rlu<e \'own' .—' e— er maar O OIIWeAcnv hiy u:rn<,n.ln alw,rme,iwicwn. ah. nm<�'G." "Cone {wm,'�mbc noaa<a. hclrnf+mrrnr.<ol'r<lul'imd amen' O Tlps®seam •n.hmcrlmn nh<fl�«nrmclns m•n m,hm rcfruN ooln him fn r, P<mm,�nnl n<,,,. �i,uKa, ar,a wrme'twsnr<. •.ten1- 'Idr. proMbb Fcknp•mws ofnc�m Mires. -kp.o nudlife eriv.' P..0 umrm•pN a pn �YPxk xvA wK Iwd eW ge.wxl,. Jm u.�dpz vus,ne wba-'-tmi,u�.+iva it w lady. �owYmm.lzi �zr eJ.MeiaulCnbe v���n,aseAotics hHo t.okY 5.mc r.ur ad..mr<ra,� naps am eoa Amu a.a. Lb•'v ws.rnwhy.Wc m arn. rr llrun l'Nwnwucly, o¢cc,hry <arw<a worm. mrr'+nr mw.,nlY r<p<n<e. rnwtY hra nwrlsr yuA ry ]nm f'Tmr kok IJx mY,mm &rlfirnd'1 or. drFcY henp amrd A`rV ww.� Fyhu •«.1 Ise of r�imemm� "Pmrv' b'!w, m=vee pww do whm,h<'1.dj' fi Tm.nery f.W n..u� �l.,.ym vai�i�md Yir Woilrx rrmJyL hz'dw!-m 4amLL"Tneyjre�M-e to @ei rbw wup0 fassw msst d,e mpurym yow Loun Na wekead." +U I m-muu^ f1Y 1 dad xsI lull vs!" 'Ywu dad •vu¢ r be rhnr:' Doter poinoM ow dvwrph n nvwWfnl orcAorolme."Your por.unwill b<our of wna. r<mwah.(" Leb<soonM '9} rwm<I rem<mbml iFus ie pwma b<nc� lust nmc dm� ,'c n'<, kfr me no mY mn', &a hroxvp mY d.6 hell Lm'c sn ny hN&n cmomswdr<w kccp raNm w; Yfihmr Mwuxceaa onmernm Pmn •mrvwn ckmcrcoorymny collce Amwd•x. nM h= me• a raMie• R<wi'w H='d nest wu<d,Ac b°':kYm`I bAmxdvm dcli•a• wiW.d«k m arY Aud lassr dues emdb.l, cwe dee6md Ye'd fee mb awh neeee wiep Ide.k;tl, m ,heceudy- 6v'c veerTn wda."-�faym we couN rm�ebmch ort OverDrive Read also allows patrons to quickly jump to a certain page, view their history, set up their preferences in Reading Settings, and download all pages for offline reading via the Offline Access feature If a patron goes to a title view page, they will be able to see how many copies the library has purchased/how many are available for checkout, sample, add to Wish List, available formats, subject headings, Lexile, ATOS, Interest Level, description of the title, as well as details, and reviews from outlets such as Publishers Weekly. Also displayed are similar titles that the patron may enjoy. '^ Hairy Potter and the Cursed Child: Parts One and Two.N.,�..�.....,,r.. r.,.,,,.,. :.....,.. E& _ . MOM ollE Pot, IM ©o ©© WENRY > ab wbt Sn .cww Q eewo. Q .nw t7 ra.owa Q m. L7 www Title information page Once the patron has determined they want to check out the title, all they need to is click Borrow, or they can hit the drop down next to the Borrow button to select their checkout period (it can be modified to allow for additional options, such as 7, 14, and 21 day options, although Santa Ana currently has 14 days selected for all formats). It will then show up under Loans on in their individual collection. The patron can then either choose the Read Now option and use the OverDrive Read format to see the title in their browser, or other format options such as Kindle (available exclusively on OverDrive for library lending), ePUB or PDF. The title can also be given a star rating and easily returned from this screen. City Council 12 — 17 10/17/2023 Loans Loans Holds EXPIRES IN 14 DAl Wish list The Robot Paul Watson Settings [Q EBOOK * * t"T CHOOSE A FORMAT L Return Titles currently on loan to the patron will be displayed here Patrons can easily return the title directly from their bookshelf In addition to Loans, the patron's bookshelf will also display titles they are currently on a waiting list for, wish list titles (sorted by all titles and available now), and individualized settings. iii:i 1kl lilt ��1111 W " ,,,,,1�� U 114p4.�`Sn4 0 1. Patron's Wish List titles will appear under their Wish List and can be instantly checked out from this page City Council 12 — 18 10/17/2023 Within the patron's bookshelf, individualized settings can be personalized so that the patron does not need to always set their lending period or be exposed to content that is not right for that patron. At the Settings page, default lending periods can be set by format, automatic hold checkouts can be set up, content preferences, as well as accessibility features such as high contract mode and dyslexic font, which can be enabled to provide a better patron experience for readings with dyslexia. Loans Settings Hinds GENEi— wsh list Settings can oa. c CON-PREEERENCES noon° a �o� msee �e e�o�mana��Nneme�oee�eon. �I�000 o mom° 5mlo, , we�tte o Settings page where the patron can designate the preferences for their digital checkouts OverDrive's patron -facing website features predictive search capabilities and allows patrons to search on the main site by title, author, series and subject. baseball I iv S ,s W Cm Adve 9e-11 � rn, Re ball WN.II , Bazehell Heoez & O-q m.pni ,and Ole Stenes 9es.ben nyha Baseball Puls 9.sehell .ntl hs Gome.esl Plnye.ls Ua ben's dap 10 Nome%n Nhtes I He Baseball [ones e Nmeh.tl GIe nMen U.b.11, Greatest Hl U.men me rN aoe�;�a�, came Screenshot of the predictive search capabilities at the patron -facing website City Council 12 — 19 10/17/2023 From the Advanced Search menu, patrons have a large variety of searches they can run. Advanced Search features search by: title, author, subject, availability, audience, date added to collection, format, language and ISBN. Advanced Search Title 6 AtltlM AM tle ee AutMi Fonn�ts S�biesq All s Je Sang ages v All ieng�ne-: Ave Lbuty All ISBN AA ­ All eub Screenshot of the Advanced Search capabilities at the patron -facing website In addition to these search features, OverDrive also allows a patron to view the various subjects in the digital collection and narrow down their title search in this manner. arowse subjects Fiction Nonfiction New search feature with the most recent OverDrive upgraded site allows patrons to browse the collection by subject and format City Council 12 — 20 10/17/2023 Kids and Teens eReading Room OverDrive offers a separate URL and interface for younger users of the public library service, called the Children's eReading Room and Teen eReading Room that participating libraries can take advantage of. The library has the ability to set the age restrictions for the content available in these "reading rooms", to ensure that younger users are not exposed to more mature content that may be available for lending at the general library website. Pictured below is a Children's eReading Room option that a library could use for its younger users. Kids S,bi— ­, j, Trending nowt > I^ITER POTTER • The example above is the Kids eReading Room currently available from the El Paso Public Library digital collection Recommend to Library OverDrive offers a Holds Manager, Recommend to Library Manager, and Smart Lists. Using the Holds Manager feature, libraries can manage demand on the website by easily building carts or automating orders based on holds. You can create an unlimited number of Holds Manager plans, and each time it runs, a cart is created for review or an order can be placed for a holds - driven order on your behalf if you so choose. The Recommend to Library Manager feature allows you to respond to recommended titles from patrons. By using this option, you can create as many Recommend to Library plans as needed. These plans can automatically place a recommendations -driven order on your behalf, or create a cart for your review. The Smart List is a powerful collection development aid and time -saving tool that automatically generates a list of titles in Marketplace that are best suited to your collection's needs. These Smart Lists automatically build carts based on criteria you specify, including price, on -sale date, most desired genres and subjects, popular authors and series, press attention, languages and more. You can also set up a Smart List to manage repurchasing metered access content, so in - City Council 12 — 21 10/17/2023 demand metered access titles can always be available for your patrons. You can create as many Smart Lists as you like, and they will not submit purchase orders automatically on your behalf - you will always have the chance to review carts generated by Smart Lists before placing orders. Web -Based Staff Training and Patron Support OverDrive's training courses and information are hosted online and scheduled at the convenience of your staff, and are also available on -demand anytime, anywhere for future viewing (great for new staff, or as a refresher for current staff on how to use the service). For new customers (or existing customers looking for a refresher), OverDrive requires the following courses as "starter courses" to the OverDrive service: Collection Checklist - With OverDrive's collection checklist, you'll learn how to attract users to your digital library and keep them coming back with next generation content and collection tools from OverDrive. Just the Basics - Learn how to browse, borrow, and enjoy eBooks and audiobooks from your Next Generation library using a computer or mobile device. In addition to the starter courses, OverDrive offers on -demand training modules, downloadable PDFs, live webcasts, tools to educate your staff and end users, as well as easy links to OverDrive Help resources. At the OverDrive Resource Center(http://resources.overdrive.com), OverDrive provides all of the information that the library, as well as patrons, can utilize to become OverDrive experts. Staff Training .1... — M.—LIVE—.a � —oar— tar DemonstrationPublic Library Demonstration The New Corborate, or College Website ov Dr Website 112-11 o. or. co,.o..�n:: zo OverDrive Resource Center with videos, PDFs and additional tools to ensure your library's digital collection is a success City Council 12 — 22 10/17/2023 OverDrive also provides content selectors with ample training documentation at the Resource Center, with videos, PowerPoints and PDFs that cover topics such as: Shopping for Titles in Marketplace, Understanding Lending Models, Curating Digital Collections for Your Library, Managing Marketplace Account Settings, Managing Content Access Levels, Managing Holds, and Marketplace Reports. OverDrive offers all the aforementioned training materials at the OverDrive Resource Center. In addition, OverDrive also has an OverDrive Marketplace User Guide available online at http://company.overdrive.com/files/CR-User-Reference-Guide.pdf. The Marketplace User Guide is easily searchable and answers any questions that staff may have in utilizing the tools in Marketplace, including ordering, reporting, administrative permissions, local content management, curating information, support, and more. Upon request, OverDrive can also coordinate with the library to provide on -site staff or user training sessions with OverDrive trainers. Secondary User Support- OverDrive Front Line Tech Support- is included at no additional cost! OverDrive's Front Line Tech Support replaces the library's primary support obligations, as OverDrive becomes the go -to for direct patron support, as Front Line Tech Support is available 24/7, 365 through a designated web form that is created for the library. Whenever a patron requires support and goes to the 'Get support' button on the OverDrive site or app, they will be directed to the link for that library. Also available directly within Libby, patrons can use the Customer Support Form for Libby specific questions through the Feedback tab. This helps library staff free up the time they currently spend responding to any OverDrive-related questions from patrons. WNW :Q 0 OO OverDrive Help (http://help.overdrive.com) offers patrons immediate assistance with how-to videos, FAQs and tutorials for using the OverDrive service on any device City Council 12 — 23 10/17/2023 OverDrive also offers its award winning and frequently updated OverDrive Help (http://help.overdrive.com) links on all of its websites. Patrons can easily view the Help website to see FAQs and how-to videos for downloading digital content on their favorite devices. Apps and Device Compatibility OverDrive offers Libby, a free, easy to use app in the Google Play (Android) App Store (iOS), and Microsoft App stores. Libby has a groundbreaking eBook reader and a beautiful audiobook player built into one free app. Libby allows patrons to download eBooks and audiobooks for offline reading, or stream them to save space. Libby helps patrons by synching their positions, bookmarks, and notes across devices. Libby also allows patrons to sample any book with a tap - nothing to download or delete. Patrons can also enjoy zoomable graphic novels within Libby, or a picture book with readalong audio. OverDrive is compatible with more devices than any other digital library provider, including the Kindle format, exclusively available from OverDrive. Using OverDrive, patrons can download to all Android devices, iOS (iPad, iPhone, iPod), Chromebook, eReaders, Kindle eReaders, Kindle Fire, Kobo tablets, Nook tablet, Windows, Windows Phone, Mac, Windows Phone, and MP3 players. As OverDrive tests new devices for compatibility as they are released, OverDrive does not anticipate that there are any limitations or devices that are not currently supported. Marketing; Support OverDrive offers substantial assistance to libraries to promote awareness and increase usage in the community for their digital library service. Included at no cost is free promotional and marketing material from OverDrive's Resource Center. At the Resource Center, there are a wide variety of resource available to the library to increase awareness, promote usage, simplify the process for new and existing users, and more to ensure continued success and growth of the electronic library service. If you can't find a resource here or want additional assistance in promoting your collection, OverDrive offers additional assistance by contacting partnerservices@overdrive.com or your OverDrive Account Specialist directly. Currently available at the Resource Center, the following items can be generated directly by the library: Print -Ready Materials: Get the word out quickly and easily with these print -ready materials. Santa Ana can add its OverDrive URL to the editable field at the bottom and print in-house or through a local printer. Available materials include: posters, flyers, stickers, New to Rack Cards, eBook Shelf Cards, Summer Reading Promotional Kit, Teen Lit bookmarks, Read -along eBook flyers, audiobook flyers, getting started guides for new users and refreshers for experienced users, and international language marketing kits (currently available in Spanish, French, Chinese and Russian to bring in more users in your community). City Council 12 — 24 10/17/2023 Digital Resources: Share graphics, videos, and other web images with your users via Santa Ana's website, blog, and other social media accounts to encourage audiences to visit your electronic library service. Communication Templates: Use these templates and audio clips to promote your website to staff, users or news and media outlets to get the word out in the community about your electronic library service. Available resources include: press release templates, newsletter articles, radio ads, social post ideas, getting started email templates. OverDrive Borrow eBooks & audiobooks free from our library Browse I Search I Discover your next great read on the OvwDrNe mobile apP or on your computer Santa Ana Public Library All your favorite titles... Santa Ana Public Library Just a tap away! https://santaanapubliclibrary.overdrive.com https://santaanapubliclibrary.overdrive.com Programming and Events: Even more ideas available here to help spread the word and engage more users with suggested activities and programming ideas designed to spark interest in your electronic library service. In addition to the Resource Center, OverDrive can also work with Santa Ana Public Library to establish book clubs or special reading programs with your digital resources. OverDrive runs a regular Big Library Read, where all participating libraries have access to a particular title for unlimited simultaneous access so that all users can borrow the book without the library needing to purchase it during the Big Library Read period. While the Big Library Read is essentially a worldwide book club, OverDrive can also work with Santa Ana to promote a county -wide book program by working with the library and utilizing our relationships with publishers to find a title that will be of high interest in the community and affordable to the library to make available in this model. City Council 12 — 25 10/17/2023 Big Library Read American Sniper ARY LIBRARY 0 READ Nt4 e.eI.Le "v wph N20 Eh) 111IddYr Sarnpt. u5 (Sii. t ne a 7 New Yore times bestselling memoir of U.S. Navy Seal • Leam more atiad this worl004e program MS anti source Easmy w od blockbuster mane • Listen to an rtrervww wtM Taya r:yW n ix ca(l which was rtOminated for sir IKaOemy Awards. trtdudhnq 8eSt was arils a TNtt title vs also srylatite as an audnboott rcture rron+ t999_.Marr-_ • Ntae: Contams mawre m= , r:•,.-.: K Previous Big Library Read programs have included titles such as American Sniper while it was in the theaters By working with Santa Ana to promote the service to the various community groups and across all age ranges, OverDrive is confident it can see a surge in usage of the digital library service and bring great value to Santa Ana in its continued usage of the OverDrive platform. OverDrive also offers book club models, where OverDrive can work with the library and specific publishers to obtain permission to loan a title with simultaneous use access. This allows all library patrons to access the selected title an unlimited number of times during the set book club time period. Successful book club programs that OverDrive has worked with library partners on include the London City Read, the One Book One Community (Kitsap Regional Library), and the 16 in '16 Book Club with Sno-Isle Libraries. 16 in '16: Read a Funny Book Lamb by Christopher Moore Sample The birth of Jesus has been well chronicled, as have his glorious teachings, acts, and divine sacrifice after his thirtieth birthday. But no one knows about the early life of the Son of God, the... More... Yes Please by Amy Poehler Sample Do you want to get to know the woman we first came to love on Comedy Central's Upright Citizens Brigade? Do you want to spend some time with the lady who made you howl with laughter on Saturday Night... More... OverDrive works with libraries to create book clubs and promote the simultaneous use titles to their community NEW: Get a Library Card OverDrive's new app, Libby, is currently offering an exciting new feature, "Get a Library Card". Currently offered in several libraries around the country, the Get a Library Card feature in Libby will allow new patrons to sign up for a library card using their smartphone or tablet, confirming City Council 12 — 26 10/17/2023 their residency without requiring a visit to their library branch. By utilizing a potential new patron's name and mobile phone number, the pilot test system relies on zip code to determine the new patron's service area. When a new patron is added through the Libby app, the patron record is then available to the library for new patron reach out so that they can be set up with a full library card. This service is available for an additional fee of $0.90 per successful patron. Business Plan OverDrive's will have 3-5 individuals who work on this contracted service for Santa Ana Public Library, including Meghan (Collection Development Specialist 1) and Sarah (Account Specialist 1) listed above as the primary individuals who work with the library. In addition, Emma Dwyer (Collection Development Analyst), Karen Estrovich (Director of Collection Development), and Leslie Prusinski (Manager, Library Partner Services) may assist in working with Santa Ana Public Library for any needs that may arise with their OverDrive service. Meghan and Sarah visit California at least once a quarter to visit library partners and plan their trips throughout the year around the different areas of the state. During their visits, they typically will plan time for a meeting with the library around major OverDrive updates, a Partner Analysis Review, and any outstanding issues the library may have. For smaller library systems, they will also hold staff and/or user training sessions surrounding Marketplace, the OverDrive app, and Libby. There will be no subcontractors utilized for this service. City Council 12 — 27 10/17/2023 Content Selection OverDrive Marketplace Features customers to not only preview, select and purchase content, but also run reports, provide support, curate collections, and much more and works on modern web browsers for Mac, PC, and tablets, including iPad. There is no charge for using Marketplace or any of the services offered within the site, including customized lists and collection development assistance by -house staff of over 25 trained librarians. OverDrive Marketplace home page, where customers start searching for new content, run reports, curate content, etc. Upon logging into the Marketplace, customers will see a banner with current featured sales and promotions, as well as highlighted sale or popular titles. Also along the left side, a customer can instantly view smart lists such as Top 200 series search (to see gaps in series you currently offer), Top 200 adult titles not in your collection, Top 200 YA titles not in your collection and Top 200 juvenile titles not in your collection. Also available on the top left corner is a Preorder Titles tab, where content selectors can select titles that are not yet released to be added to their website to generate interest and holds, but will not be invoiced until the title is set live for lending. OverDrive also features the Must-haves along the left side, providing custom lists of content that includes current sales, as well as weekly New York Times Bestseller lists, USA Today Bestseller lists, and other highlights. Searching for the Right Content Searching for the right content is also vital when browsing the Marketplace, so OverDrive has developed a robust Advanced Search feature to allow content selectors to run and save searches for future use.     City Council 12 – 28 10/17/2023 Advanced Search within Marketplace allows for content selectors to run powerful searches with over 20 different search fields to find the right titles When viewing an individual title within Marketplace, selectors can easily identify the full title price, lending model, number of units, pending purchases, premium reviews, full title previews, formats available, subject, text difficulty, ATOS level, Interest level, etc. Sample title page for a Metered Access title within the OverDrive Marketplace From the search view, all of the title information is available without needing to view the individual title, and it can instantly be added to a designated cart for review and/or purchase.     City Council 12 – 29 10/17/2023 Once a customer finds the titles it wants to purchase, it can build carts within Marketplace. carts, or create brand new carts for select types of content. Carts can be named, pinned, locked, edited, merged, etc. to ensure the right content is purchased. Once you decide to purchase a cart of titles, the library is given the option of paying by credit card, having their account billed, or using content credit on file. Also now available within Marketplace is brand new Invoicing functionality. This includes allowing authorized staff to view open invoices, paid invoices, and pay directly for selected invoices within Marketplace. Create carts with custom names, pin them, lock them and purchase them directly within OverDrive Marketplace The OverDrive Marketplace also features role-based access, so permissions can be set up for various patrons within the Marketplace to ensure only authorized individuals can purchase content, run reports, etc. Also available within the Marketplace are support features for libraries to help manage their digital collection. Under the Support tab, authorized staff can manage holds, return titles from the Marketplace Patron Guide, OverDrive Help, register for live webcasts, and contact OverDrive for technical support and invoicing support. Your dedicated OverDrive Team and contact information is also displayed so the library will always know who to contact for any OverDrive- related questions. Support tab within Marketplace allows for staff to run administrative features on the digital collection, as well as instantly view their OverDrive representatives to quickly get in touch for any issues that may arise     City Council 12 – 30 10/17/2023 The News tab within Marketplace will keep customers informed on any planned maintenance, new blog posts, social media features, etc. customers up-to-date on all things OverDrive, including sales and planned maintenance In the Best of Marketplace, under the Featured tab, OverDrive offers recommended lists of premium content in Marketplace and money-saving offers on titles from our leading catalog of publishers, such as highlighted lists, staff picks, and seasonal title lists to highlight titles that selectors may want to add to its current collection. Reporting OverDrive offers 24/7/365 reporting capabilities within the OverDrive Marketplace that can be exported via CSV format for use within Excel. OverDrive Marketplace offers numerous tools for staff and content selectors to utilize to ensure success of the digital collection, such as tracking circulations, holds, year-to-year expenditures, and popular titles. Using the available tools in the OverDrive Marketplace, libraries can run reports on the following items: Merchandising Management: View all saved featured lists, used in Marketplace merchandizing. As needed, rename, edit or delete lists. Collection Usage Reports: o Current Waiting List: View titles your users have on hold. o Circulation Activity: View One Copy/One User, Metered Access, and/or Simultaneous Use circulation data. o Project Gutenberg Activity: View circulation data for any Project Gutenberg titles that were not added to your collection as part of the Project Gutenberg Simultaneous Use plan. o recommended titles into a cart in one click. o Title Status and Usage: View details and circulation data for all titles in your collection. Includes One Copy/One User, Metered Access, Cost Per Circ, and/or Simultaneous Use titles. o Library Statistics Report: View an overview of your digital library, including overall and current checkouts, holds, and users. o Most Viewed Titles: See the 50 most- OverDrive website. Purchases & Subscriptions:     City Council 12 – 31 10/17/2023 o Purchased Titles: View details for all titles purchased within a specific date range. Includes One Copy/One User and Metered Access titles. o Purchase Order History: View all purchase orders placed by library, including Holds Manager, RTL Manager, and Smart List purchases. o Content Credit Order History: View all content credit purchased. o Simultaneous Use Orders o CPC Invoicing History: View past invoices for Cost Per Circ checkouts. o MARC Records Orders: View all MARC record orders to date. o Recalled Content: There may be occasions when purchased content is recalled (for example, if the digital rights for a title were incorrect). View details on recalled content, including titles, purchase details, and credits issued. User Statistics: o Search Checkouts reactivate download links. o New User Registration: View new user registration by day, month or branch. o User Traffic: View user traffic statistics, including active visits and page views. o Unique User Activity Website Statistics: o Top Referrer URLs: See how users are finding your site. View the top 50 referral URLs from which your users access your digital library. o Most Viewed Pages: See the 50 most-viewed pages at your OverDrive website. Digital Content Available from OverDrive English Language eBooks OverDrive strives to have the largest collection of eBooks available to libraries, from new bestsellers to well-loved backlist. OverDrive offers top publishers, including Penguin Random House, HarperCollins, Hachette, Macmillan, W.W. Norton, Simon & Schuster, Scribner, and more. In addition, through Smashwords, OverDrive can provide new, upcoming authors that self-publish.     City Council 12 – 32 10/17/2023 In addition to the current bestsellers, OverDrive also offers access to the titles that patrons are going to be clamoring to read. Preorder purchasing by the library allows patrons to put those must-read titles on hold and lets libraries know how demand will run for the title. Our digital catalog includes titles for patrons of all ages, as we have extensive collections of eBooks for YA and Children. Titles are available for purchase in different lending models, as decided by publishers, and include One Copy/One User, Metered Access, Cost Per Circ, and Simultaneous Use. Also, many of these titles are available in Kindle format, in addition to EPUB and OverDrive Read. Spanish Language eBooks As a global company, OverDrive works with publishers from around the world to offer digital content in many different languages. OverDrive is concentrating on working with Spanish- language publishers and it has enabled us to provide libraries with a wide variety of content options, reflected in the over 77,000 Spanish eBook titles available for purchase in Marketplace, from publishers such as Penguin Random House Grupo Editorial España, Grupo Planeta, Harlequin, Pottermore, Roca Editorial de Libros , HarperCollins Ibérica S.A., and more.     City Council 12 – 33 10/17/2023 We also offer Spanish-language read-alongs, a format which shows the words and pictures of a book, while reading the story to the patron. Titles for all age levels are included in our Spanish-language collection, including bi-lingual titles, and are sold in different access models One Copy/One User and Metered Access. We also have a dedicated librarian, Elissa Miller, formerly of DC Public Library, who works to ensure that our Spanish content is up-to-date and relevant to readers.     City Council 12 – 34 10/17/2023 English Language Audiobooks rmat, and with an ever growing catalog of titles, they will continue to grow in popularity. With access to the top Audiobook publishers, such as Books on Tape, Blackstone Audio, Tantor Media, Simon & Schuster, Recorded Books, HarperCollins, AudioGO and more, there is something for everyone to enjoy. round out any collection. Along with One Copy/One User and Metered Access, we have Simultaneous Use plans for Audiobooks, including popular content from Blackstone Audio and Tantor Media. These are great to reduce holds and allow patrons to have unlimited access to the Audiobooks that they want, without having to wait and at a low, set price for the library.     City Council 12 – 35 10/17/2023 Titles are available to borrow in MP3 and OverDrive Listen formats, and can be downloaded to devices or streamed for convenience. Spanish Language Audiobooks Audiobook popularity is not just limited to English language titles, as OverDrive also has an extensive collection of Spanish language audiobooks, over 2,000 titles, that is growing along with patrons desire to access this content from their libraries. Major publishers include Audiomol, Editorial Fonolibros, Recorded Books, Sonolibro, Penguin Random House Grupo Editorial, S.A.U, and Harper Collins Español. Our Audiobook content includes popular titles that are translations of English-language bestsellers and original Spanish-language content.     City Council 12 – 36 10/17/2023 Streaming Video in Multiple Languages OverDrive offers nearly 30,000 streaming video titles for patrons to stream to their devices and enjoy. We have titles from such publishers as Weston Woods, Dreamscape Media, Live Oak Media, The Great Courses, Virgil Films, Music Box Films, Cindeigm, PBS, Selectmedia Entertainment, Magnolia Pictures, and more. We also have Streaming Video titles in many other languages, including Spanish, Korean, Chinese, French, and Japanese. Our collections of for those young and young at heart. Some of our other best circulating collections are those of our instructional and exercise videos, allowing patrons to learn new skills and find greater health. Additional Foreign Language Content OverDrive is committed to offering a wide breadth of content in languages other than English, as we currently offer content in over 70 languages. As we expand globally, we have had more opportunity to work with publishers around the globe to sell their content in Marketplace. We offer content in most of the major world languages, with large collections of Spanish, German, Chinese, Japanese, French, and Russian. We also want to represent these collections to as many readers as possible, so we have many languages in both eBook and Audiobook format, and have customizable marketing kits available to libraries to advertise their languages other than English collections.     City Council 12 – 37 10/17/2023 EXHIBIT B COMPENSATION Order Form     City Council 12 – 38 10/17/2023 ©2023 OverDrive,Inc. One OverDrive Way Cleveland,OH 44125 P:+1 216-573-6886 F:+1 216-573-6889 Page 1 of 2 OverDrive® Digital Library Reserve Order Form Library Information Name of Library: Santa Ana Public Library Address: 26 Civic Center Plaza, M-75 City, State/Province, Postal Code: Santa Ana, CA 92701 Country: USA Primary Contact Name: Lynn Nguyen Title:Principal Librarian Telephone:(714) 647-5259 Email:LNguyen@santa-ana.org Accounting Contact (all invoices will be emailed to the contact listed below): Name: Maria Castro Title: Senior Management Analyst Telephone:(714) 647-5269 Email:mcastro5@santa-ana.org Bill To Address:26 Civic Center Plaza, M-75 City, State/Province, Postal Code:Santa Ana, CA 92701 Country: USA Term Schedule Annual Fee (USD) November 1, 2023 through June 30, 2024 $ 70,000 (includes $6,000 platform fee, $56,000 allocated for the purchase of Digital Content, $5,000 for an annual magazine subscription service, for SVOD and Universal Class). For the avoidance of doubt, OverDrive will invoice only the $25,000 One-Time Content Credit Deposit for the Term, November 1, 2023 through June 30, 2024, if Library paid OverDrive the $70,000 Annual Fee, due for this Term, prior to execution of this OverDrive Digital Library Reserve Order Form. July 1, 2024 through June 30, 2025 $ 95,000 (includes $6,000 platform fee, $81,000 allocated for the purchase of Digital Content, $5,000 for an annual for SVOD and Universal Class). July 1, 2025 through June 30, 2026 $ 95,000 (includes $6,000 platform fee, $81,000 allocated for the purchase of Digital Content, $5,000 for an annual for SVOD and Universal Class). In addition to the Annual Fee, Library requests to be invoiced in the amount of $ 25,000 (USD)-Time Content Credit -Time Content Credit Deposit will be invoiced on November 1, 2023. All payments due to OverDrive under this Agreement are due within thirty (30) days of presentation of invoice. OverDrive sends emails about promotions, new products and services. By checking this box, you consent to receiving communications and promotional emails to your Primary Contact email address. These emails also include an easy method to manage your subscription(s), including unsubscribing to future emails.     City Council 12 – 39 10/17/2023 ©2023 OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 P: +1 216-573-6886 F: +1 216-573-6889 Page 2 of 2 OverDrive Terms and Conditions: The Initial Term of this Agreement shall be for thirty-two (32)months, commencing on November 1, 2023. OverDrive and Library may renew this Agreement, following the Initial Term, for two (2) additional one (1) year terms upon mutual written agreement. OverDrive Digital Library Reserve is licensed pursuant to the OverDrive Digital Library Reserve Access Agreement, available at http://www.overdrive.com/dlr-aa.pdf, the terms of which are incorporated herein and may be modified from time to time. OverDrive agrees and understands that continuation of this Agreement is contingent upon the Library obtaining available funding for these services. Should funding not become available, the Agreement is subject to termination as detailed in Section 3.2 of the OverDrive Digital Library Reserve Access Agreement. Upon , this OverDrive Digital Library Reserve Order Form shall supersede and replace the Agreement to Provide an eBook Content Platform for the Santa Ana Public Library Collection entered into by and between the parties on the 1st day of February 2021. Acknowledgement and Acceptance: On behalf of my Library, I represent and warrant that I have the authority to enter into this Agreement and my signature below indicates my Library greement and acceptance of the OverDrive Digital Library Reserve Access Agreement. By (signature) Title Name (Print) Date     City Council 12 – 40 10/17/2023 Overdrive Agreement Final Audit Report 2023-10-02 Created:2023-10-02 By:Ella Sepulveda (msepulveda@santa-ana.org) Status:Signed Transaction ID:CBJCHBCAABAANYDY-INCKacblgkDGpKqbYKpFvVdVdID "Overdrive Agreement" History Document created by Ella Sepulveda (msepulveda@santa-ana.org) 2023-10-02 - 2:38:15 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2023-10-02 - 2:39:19 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2023-10-02 - 2:46:27 PM GMT Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2023-10-02 - 2:50:02 PM GMT - Time Source: server Agreement completed. 2023-10-02 - 2:50:02 PM GMT     City Council 12 – 41 10/17/2023     City Council 12 – 42 10/17/2023 Library www.santa-ana.org/library Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Library Automation System and Hosting Services AGENDA TITLE Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION On May 19, 2020, the City Council approved an agreement between the City of Santa Ana and The Library Corporation to provide a library automation system and hosting services. The library would like to enter into a new agreement with TLC to add two additional site licenses for the Delhi Branch Library and Jerome Park Library. These site licenses will allow the library to add physical locations and holding codes for the library material collections. TLC offers a web-based client-server software for managing library accounts, book inventory, circulation, and acquisitions. Patrons can search the catalog in-house or remotely, and the software generates informative reports such as circulation statistics and collection titles. The acquisition module simplifies book budget management and streamlines searching, ordering and cataloging new titles. Hosting services include nightly backup, security, virus protection, and database monitoring and updating. This system is crucial to the daily operations of the Santa Ana Public Library. Therefore, staff recommends that the City enter into a new agreement with TLC to continue providing the needed services.     City Council 13 – 1 10/17/2023 Approve Agreement for a Library Automation System and Hosting Services October 17, 2023 Page 2 3 7 7 6 FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget, and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows: Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount FY 23-24 01111190- 66511 General Fund Library- Tech & Support SVCS, Computer Software Subscriptions $2,667 FY 24-25 01111190- 66511 General Fund Library- Tech & Support SVCS, Computer Software Subscriptions $44,193 FY 25-26 01111190- 66511 General Fund Library- Tech & Support SVCS, Computer Software Subscriptions $44,193 FY 26-27 01111190- 66511 General Fund Library- Tech & Support SVCS, Computer Software Subscriptions $44,193 FY 27-28 01111190- 66511 General Fund Library- Tech & Support SVCS, Computer Software Subscriptions $44,193 TOTAL $179,439 EXHIBIT(S) 1. Agreement Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Steven A. Mendoza, Assistant City Manager     City Council 13 – 2 10/17/2023     City Council 13 – 3 10/17/2023     City Council 13 – 4 10/17/2023     City Council 13 – 5 10/17/2023     City Council 13 – 6 10/17/2023     City Council 13 – 7 10/17/2023     City Council 13 – 8 10/17/2023     City Council 13 – 9 10/17/2023     City Council 13 – 10 10/17/2023     City Council 13 – 11 10/17/2023     City Council 13 – 12 10/17/2023     City Council 13 – 13 10/17/2023     City Council 13 – 14 10/17/2023     City Council 13 – 15 10/17/2023     City Council 13 – 16 10/17/2023     City Council 13 – 17 10/17/2023     City Council 13 – 18 10/17/2023     City Council 13 – 19 10/17/2023     City Council 13 – 20 10/17/2023     City Council 13 – 21 10/17/2023     City Council 13 – 22 10/17/2023     City Council 13 – 23 10/17/2023     City Council 13 – 24 10/17/2023     City Council 13 – 25 10/17/2023     City Council 13 – 26 10/17/2023     City Council 13 – 27 10/17/2023 Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Agreement with US Geological Survey Western Ecological Resource Center at the Santa Ana Zoo AGENDA TITLE Approve an agreement with United States Geological Survey at the Santa Ana Zoo RECOMMENDED ACTION Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION The Santa Ana Zoo at Prentice Park’s mission statement is “The Santa Ana Zoo, through fun, adventure, and learning, empowers the community to save wildlife and wild spaces.” Without successful partnerships, the Santa Ana Zoo cannot fully achieve its mission. By partnering with local conservation organizations, the Zoo is able to enhance its ability to provide animal care and zoo education opportunities. Partnering with the local field station of the United States Department of the Interior, Geological Survey, Western Ecological Resource Center (USGS) helps the Zoo meet its goal of providing viable conservation programs, a requirement for Association of Zoos and Aquariums (AZA) accreditation. The 2023 Guiding Principles of AZA Animal Wellbeing Culture specifically identify:  Principle #8 - Animal wellbeing is everyone’s responsibility across AZA and is made stronger through active collaboration. Facilities work together in good faith to advance more scientific research and innovation related to animal wellbeing.  Principle #10 - As leaders in animal wellbeing, we actively seek diverse and well- defined partnerships based on shared goals that contribute to learning, growth, innovation, and sharing of knowledge. AZA facilities advance partnerships with     City Council 14 – 1 10/17/2023 Agreement with US Geological Survey Western Ecological Resource Center at the Santa Ana Zoo October 17, 2023 Page 2 3 7 7 7 organizations that can help us move specific, shared objectives forward, even if they may not perfectly align with all of our values. In 2013, the City Council approved a Memorandum of Understanding with USGS and the Zoo has since served as a home office for the area’s field biologists and several researchers. This agreement continues the relationship begun in 2013 and extended in 2018. USGS pays for the mobile office lease and will pay for their share of utilities expenses (electricity, water, and sewer). This partnership has facilitated the Zoo becoming more involved in conservation programs and the USGS is able to utilize the Zoo’s facilities for their research. In 2017, Zoo staff joined a conservation program for the endangered mountain yellow-legged frog, which is facilitated by USGS. The frog is native to the upper reaches of the Santa Ana River Watershed and is a direct connection to water conservation and our local environment. A small breeding laboratory exists on-site at the Zoo. In addition to partnering on active conservation programs, USGS staff have access to the Zoo’s education classrooms to teach habitat restoration workshops and wildlife lectures. Zoo visitors and the community benefit from the increased education programs and local conservation efforts provided by the USGS at the Zoo. The USGS serves the nation by developing reliable scientific information used to promote wise management of the nation's natural resources that promotes the health, safety, and well-being of the people. Because of the diversity of environments and natural resource issues within Southern California, the USGS and Zoo have a mutual and evolving interest in cooperative research projects and operational programs in the area of environmental sciences. This agreement will be for a five-year term. EXHIBIT(S) 1. Agreement-USGS Submitted By: Francisco Arroyo, Principal Management Analyst Approved By: Steven A. Mendoza, Assistant City Manager     City Council 14 – 2 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 1 of 8 COLLABORATIVE AGREEMENT BETWEEN U.S. GEOLOGICAL SURVEY AND THE CITY OF SANTA ANA This Collaborative Agreement (“Agreement”) is entered into by and between the U.S. Geological Survey (USGS), a bureau of the Department of the Interior, through the offices of its [Western Ecological Research Center], hereinafter referred to as the “USGS” and [the city of Santa Ana, a charter city and municipal corporation, on behalf of the Santa Ana Zoo, hereinafter referred to as “Collaborator.” USGS and Collaborator are sometimes herein referred to as a “Party” and collectively as the “Parties.” An y inconsistency between the standard terms of Articles 1 through 16 of this Agreement and any attachments to this Agreement shall be resolved by giving precedence to Articles 1 through 16. Whereas, the USGS is authorized to perform collaborative work and prosecute projects in cooperation with other agencies, Federal, State or private, pursuant to 43 USC §36c; and Whereas, the USGS has a mission in southern California and has need of space and other resources for ecological research to support this mission; and Whereas, Collaborator has space and utilities for office facilities, equipment storage, government and personal vehicles and other relevant resources and has need of USGS expertise in identifying and coordinating research activities to inform conservation of southern California taxa; and Whereas, the Project entitled Biodiversity, Demography and Conservation of Southern California Fauna is intended by the Parties to be mutually beneficial and to benefit the people of the United States; Now, therefore, the Parties hereto agree as follows: 1. Statement of Work. See the attached Statement of Work (SOW) (Attachment A), incorporated by reference herein. 2. Principal Investigator. The USGS principal investigator (PI) for this Project is [Robert N. Fisher], [619-206-5686], [rfisher@usgs.gov], and [Western Ecological Research Center San Diego Field Station 4165 Spruance Road San Diego, CA 92021]. The PI for the Collaborator is [Jennifer Walker], [714- 647-6546], [jwalker@santa-ana.org], and [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701]. In the event that a PI is unable to continue in this Project, the sponsoring agency will make every effort to provide a replacement acceptable to the other Party 3. Title to Equipment. There will be no joint property purchased as a result of the collaborative effort outlined in the SOW. Each Party will provide its own equipment necessary to support its participation in the SOW.     City Council 14 – 3 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 2 of 8 4. Term. The collaborative effort contemplated by this Agreement will commence on the effective date of this Agreement. The effective date of this Agreement shall be the later date of (1) 10/21/2023 or (2) the date of the last signature by the Parties. The expiration date of this Agreement shall be 10/21/2028. 5. Funding/Resource Share. (a) The Collaborator will provide an estimated $[0.00] in funds-in to the Project. The Collaborator is providing in-kind services and or resources with an estimated value of: $[0.00]. (b) If the Collaborator is a non-governmental organization, the USGS requires an advance of $[0.00]. In the event that the advance payment is not received by USGS, USGS will submit an invoice. Invoices not paid within 30 days from date of bill will bear Interest, and other fees required by Federal law, at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. (c) This agreement has been negotiated with no funding to be exchanged. Each party will bear its own costs in the performance of this agreement. (d) The USGS is providing in-kind services and or resources with an estimated value of: $[0.00] to the Project. (e) The USGS agrees to pay for their proportional utility costs (electricity, water and sewer) in support of WERC operations at the SAZOO through a separate billing document. 6. Amendments/Termination. This Agreement can be changed or amended only by a written instrument signed by the Parties. This Agreement may be terminated by either Party on thirty (30) days written notice to the other Party. In the event of an early termination, USGS shall be reimbursed for any completed work or work in progress on the effective date of termination (i.e., when the Agreement actually terminates following the receipt of written notice from the other Party). Any unspent advanced funds will be returned to Collaborator. The USGS shall provide a copy of the outcomes completed as of the effective date of termination in the event of an early termination of the Agreement. 7. Scientific Information/Data. Each Party is free to publish the information and data developed in the performance of the statement of work (SOW) and data management plan (DMP). Before a Party submits the information and data for publication or otherwise intends to publicly release or disclose scientific information and data that is jointly developed, the other Party will be provided thirty (30) days for review of the proposed release or disclosure, prior to submission for publication. The Parties acknowledge that scientific information and data developed as a result of the SOW are subject to applicable USGS Fundamental Science Practices (FSP) review, approval, and release requirements, which are available in Survey Manual Chapter (SMC) 502.4, Fundamental Science Practices: Review, Approval, and Release of Information Products. The USGS is required to     City Council 14 – 4 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 3 of 8 provide timely public access to the results of scientific information and data that does not contain sensitive protected information. Data and associated metadata will be open format and publicly accessible. The data and metadata will also be open access and machine readable in accordance with USGS FSP requirements available in SMC 502.7, Fundamental Science Practices: Metadata for USGS Scientific Information Products Including Data and SMC 502.8, Fundamental Science Practices: Review and Approval of Scientific Data for Release. 8. (Reserved) 9. Notices. Any notice required to be given or which shall be given under this Agreement shall be in writing and delivered by first-class mail to the Parties as follows: USGS Technical: [Robert N. Fisher] [Western Ecological Research Center San Diego Field Station 4165 Spruance Road San Diego, CA 92021] [rfisher@usgs.gov] [619-206-5686] [http://werc.usgs.gov/sandiego] USGS Administrative: [Nicole Hettich] [3020 State University Drive Modoc Hall, Suite 4004 Sacramento. CA 95819] [nhettich@usgs.gov] [916-659-0010] Collaborative Technical: [Jennifer Walker] [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701] [jwalker@santa-ana.org] [714-647-6546] [www.santaanazoo.org] Collaborator Administrative: [Ethan Fisher] [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701] [efisher@santa-ana.org] [714-647-6546]     City Council 14 – 5 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 4 of 8 With copies to: The 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 Collaborator Financial Information: [Mary Long] [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701] [mlong@santa-ana.org] [714-647-6512] [Collaborator Finance UEI] 10. Independent Organization. For purposes of this Agreement and all research and services to be provided hereunder, each Party shall be, and shall be deemed to be, an independent Party and not an agent or employee of the other Party. Each Party shall have exclusive control over its employees in the performance of the SOW. While in field locations, a Party’s employees must adhere to the safety and technical requirements imposed by the Party controlling the work site. Neither Party has authority to make any statements, representations, or commitments of any kind, or take any action, which shall be binding on the other Party, except as may be explicitly provided for herein or authorized in writing. Neither Party has authority to use the name of the other in advertising or in other forms of publicity without the written permission of the other. 11. Governing Law. (a) This Agreement is subject to interpretation under State and Federal law. If there is inconsistency between the laws, then Federal law is controlling. Each Party agrees to be responsible for the activities, including the negligence, of their employees. Responsibility of the USGS for the payment of claims for loss of property, personal injury, or death caused by the negligence or wrongful act or omission of a USGS employee, while acting within the scope of their employment, is limited to provisions of the Federal Tort Claims Act, 28 USC §§ 2671-80. USGS warrants that it is self-insured for the purposes of Worker’s Compensation. (b) The USGS and the Collaborator make no express or implied warranty as to the conditions of the research, merchantability or fitness for a particular purpose of the research, data, or resulting product incorporating data developed and exchanged under the SOW. 12. Force Majeure. Neither Party shall be held liable for any unforeseeable event beyond its control, not caused by the fault or negligence of such Party, which causes such Party to be unable to perform its obligations under this Agreement, and which it is unable to overcome by the exercise of due diligence including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning, and other natural catastrophes; epidemic, war, riot, civil disturbance, or     City Council 14 – 6 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 5 of 8 disobedience; strikes, labor disputes, or failure, threat of failure, or sabotage; or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, the Party unable to perform must promptly notify the other Party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event. 13. Entire Agreement. This Agreement contains all of the terms of the Parties and supersedes all prior Agreements and understandings related thereto. Due to the specialized nature of the collaborative work, this Agreement is non-assignable by both Parties. 14. Disputes. The signatories to this Agreement shall expend their best efforts to amicably resolve any dispute that may arise under this Agreement. Any dispute that the signatories are unable to resolve shall be submitted to the Director of the USGS or his/her designee and the [Executive Director PRCSA] of the Collaborator or his/her designee for resolution. 15. Miscellaneous Provisions. Pursuant to the Anti-Deficiency Act, 31 U.S.C. §1341 (a)(1), nothing herein contained shall be construed as binding the USGS to expend in any one fiscal year any sum in excess of its appropriations or funding in excess or what it has received for the collaborative work outlined in the SOW. 16. Survivability. The following provisions shall survive the termination of this Agreement: 7. Publications/Reports/Data, and 14. Disputes. [signature page follows]     City Council 14 – 7 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 6 of 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the last date listed below. ACCEPTED AND AGREED The USGS signatory certifies that: o The USGS signatory is consistent with the delegations of authority to sign agreements, SM 205.13. o The Collaborator is a U.S. owned organization. o The COI form has been coordinated with the Ethics Office, as applicable. o This Collaborative Agreement contains standard terms only or, if it contains non-standard terms, it was sent to OPA for review. COLLABORATOR By: _____________________________ Name: ___________________________ Title: ____________________________ Date: ____________________________ U.S. GEOLOGICAL SURVEY By: ___________________________ Name: _________________________ Title: __________________________ Date: __________________________ ATTEST: RECOMMENDED FOR APPROVAL Jennifer L Hall Hawk Scott City Clerk Executive Director Parks, Recreation, and Community Services Agency APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandon Salvatierra Deputy City Attorney Kristine Ridge City Manager A.Keith Miles, PhD Director, USGS Western Ecological Research Center 9/29/23 A. MILES Digitally signed by A. MILES Date: 2023.09.29 14:28:18 -07'00'     City Council 14 – 8 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 7 of 8 Attachment A: Statement of Work between USGS and [Collaborator] I.Objectives •Cooperate in identifying needs and developing priorities for research and inventory projects on Collaborator lands. •Mutual develop natural resources data for the Collaborator. •Work together to assure effective application of research results into Collaborator resources management. •Provide annual evaluation to each other regarding the status of effectiveness of USGS - Collaborator working relationships. •Cooperate in developing suitable facilities for USGS staff conducting fieldwork on Collaborator and neighboring lands. •Assist the City in analyzing relevant pathology samples as determined on cooperative projects. •In cooperation with Collaborator staff, work to increase public awareness of the USGS mission and cooperative Collaborator / USGS conservation/research programs. Such public awareness campaign may include press releases, scientific papers and permanent signage at the Santa Ana Zoo. II.Term This agreement shall remain in effect for 5 years upon the last signature of the Parties. This agreement may be extended at any time through an addendum mutually agreed upon and signed by the Parties. III.Collaborator’s Role and Expertise The Collaborator will endeavor to: •Permit and encourage USGS scientist’s and USGS-sponsored research within Collaborator, including issuance of appropriate permits. •Provide space and utilities for office facilities, staff housing, equipment storage, government and personal vehicles, for USGS science staff working at Collaborator. Four (4) parking spaces will be provided and designated as parking spaces for said government spaces. •Provide administrative and operational support to USGS staff to the level and extent that it advances the mutual goals of each party. •Permit use of Collaborator office, vehicles, lab, field and office equipment by USGS staff when in the mutual interest of both parties. •Provide USGS access to resource data, (e.g. geologic, hydrologic, vegetative, atmospheric, wildlife, cultural, etc.) when it is relevant to research studies. •Use USGS staff to provide scientific review of research, inventory, and monitoring proposals.     City Council 14 – 9 10/17/2023 FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1] Collab Template August 2023 ARS # [2023ZC-13008] Page 8 of 8 IV.USGS’ Role and Expertise The USGS will endeavor to: •Cooperate with the Collaborator to identify, prioritize and coordinate research activities necessary to address conservation needs. •Conduct quarterly ecology based educational lectures/workshops presented by USGS scientists and/or similar professionals, which will be free to the general public, students and/or other groups as approved by the Zoo Director. •USGS shall comply with all official Zoo policies with the respect to the Association of Zoos and Aquariums, U.S. Department of Agriculture, California Department of Fish and Game, and other federal, state and local regulations affecting the programs offered pursuant to this Agreement. •Work closely with Collaborator staff with active research programs of the Principal Investigators, currently Robert Fisher and his field assistants. •Provide Collaborator opportunities for discussion of USGS research directions. •Develop and review proposals for research and monitoring activities to be carried out in and around Orange County. •Provide Collaborator with research results and other available natural resource information relevant to resources management as available and appropriate. •Maintain files on current and past research activities that involves Collaborator. •Actively participate in regional planning, assessment and research activities where the goal is to improve regional ecosystems approaches to land management, including improved integration of Collaborator interests and actions with sounding landowners. •Assure the adherence of USGS Staff to the guidelines and requirements identified by Collaborator as applicable to research activities conducted in surrounding Collaborator lands. •Designate a representative from USGS to act as liaison between WERC and Collaborator to receive communications regarding conduct of studies and activities.     City Council 14 – 10 10/17/2023 Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Purchase of Holiday Trees for the Winter Village and Downtown Santa Ana AGENDA TITLE Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non- substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION The City of Santa Ana will host the third annual Winter Village, an outdoor, family- friendly event located in the Civic Center for Santa Ana residents and the surrounding communities. The event will feature an ice-skating rink, food, holiday décor, and seasonal activities to be open to the public from December 2, 2023 through December 31, 2023. In addition, to celebrate the winter season, the City will install a 32-foot holiday tree at Plaza of the Sun and Plaza Calle Cuarto for public enjoyment from December 1, 2023, through the first week of January 2024. 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 it was determined that Jones Forest Products, LLC’s “turn key” service of growing, harvesting, shipping, installing, decorating, and removing large holiday trees provides the City a complete product and service, therefore meeting Parks, Recreation, and Community Services Agency specifications.     City Council 15 – 1 10/17/2023 Purchase of Holiday Trees for the Winter Village and Downtown Santa Ana October 17, 2023 Page 2 3 7 8 2 FISCAL IMPACT Funds are available in the following account for the specific year: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount 23-24 01113230-63001 General Fund PRCSA-Recreation & Comm. Svc, Miscellaneous Operating Expenses $65,450 EXHIBIT(S) 1. Quote Submitted By: Francisco Arroyo, Principal Management Analyst Approved By: Steven A. Mendoza, Assistant City Manager     City Council 15 – 2 10/17/2023 Jones Forest Products, LLC PO Box 368 Grants Pass, OR 97528 Phone 541-476-7999 jfpctrees@hotmail.com INVOICE DATE: OCTOBER 2, 2023 TO: Santa Ana Civic Center Plaza Calle Cuatro Contact: Monique Leon, (714) 975-4514 INVOICE Santa Ana-2023A COMMENTS OR SPECIAL INSTRUCTIONS: Scheduled to complete by November 26, 2023 No.DESCRIPTION TOTAL 2 30’ White Fir Christmas Trees – Delivered two locations as follows: Plaza Call Cuatro – French St – Complete Project by: Nov. 16th Plaza of the Sun – Civic Center – Complete Project by: Nov. 26th Two Trees and Delivery: $18,000 Installation to include the stand, plume and secure tree with guy lines to established anchor points. Includes crane and boom. Two trees, two locations: $9,500 Decorate each tree with 2000 - C7 LED warm white lights and 400 ornaments of varying sizes and shapes. Two trees, two locations: $25,000 Removal and site clean-up at season end, date TBD. Two Trees, two locations: $7,000 $59,500.00 50% deposit and signed agreement due upon receipt $29,750 due upon acceptance of sales agreement $23,800 due upon completion of the delivery, installation and décor $5,950 due upon completion of removal and site clean-up Make checks payable to Jones Forest Products, LLC, PO Box 368, Grants Pass, OR 97528 If you have any questions concerning this invoice, contact Jill at (541)660-6997 Thank you! Exhibit 1     City Council 15 – 3 10/17/2023 Exhibit 1     City Council 15 – 4 10/17/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Comprehensive Zoning Code Update AGENDA TITLE Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION The Planning and Building Agency plays a critical role in achieving the City Council’s goals for the physical development of the community. The Planning Division is one of the four divisions that comprise the Planning and Building Agency. The Planning Division is responsible for the review and processing of land use applications and new development, the maintenance of the City’s General Plan and Zoning Code, environmental review, neighborhood initiatives and environmental justice efforts, and historic preservation. The City Council adopted a comprehensive update to its General Plan on April 19, 2022. The updated General Plan includes significant changes to the Land Use Map that reflect the vision of the community to accommodate future growth along five major transit corridors, and includes policies to address sustainability, health and wellness, and environmental justice concerns through changes to the built environment. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are     City Council 16 – 1 10/17/2023 Comprehensive Zoning Code Update October 17, 2023 Page 2 3 7 6 2 required. Necessary amendments include the creation of new zoning district designations and corresponding development standards; updates to the definitions, signage, nonconforming, and parking sections; reorganization of the entire Zoning Code to a more user-friendly format; and new standards to reflect new land use trends, economic development trends, and land use goals of the City. Background and Selection Planning Division staff released two requests for proposals (RFPs) to solicit services for the comprehensive update of the zoning code in August of 2021 (in anticipation of the General Plan adoption) and November of 2022 (after adoption of the General Plan) respectively, that were initially unsuccessful in soliciting adequate responses that met the City’s needs. Those efforts resulted in one proposal submitted by the same consulting firm for each RFP. As a result, the procurement processes were non- competitive and halted due to there being only one proposal. Planning staff contacted numerous planning firms in an effort to determine the cause of the limited interest and proposals for these RFPs. Based on the feedback received, staff revised the listed tasks and deliverables in a third RFP and increased the RFP release time to 60 days to allow for more thorough responses to be submitted. RFP No. 23-010 was advertised on February, 21, 2023, on the City’s online bid and management publication system, PlanetBids, inviting qualified consulting firms with relevant experience to submit their proposals to the City. A summary of RFP vendor participation and results is as follows: •Vendors notified: 362 •Vendors based in Santa Ana: 3 •Vendors downloaded the bid packet: 29 •Bids Received: 4 •Bids received from Santa Ana vendors: 0 Proposals were solicited, opened on April 13, 2023, and evaluated. Four proposals were submitted by the RFP deadline and all were determined to be responsive. The City formed a selection committee consisting of staff members from the City Manager’s Office, Planning and Building Agency, Public Works Agency, and Community Development Agency. The selection committee evaluated the proposals and interviewed the firms prior to making the final selection. The selected firm, MIG, will provide the Comprehensive Zoning Code Update, which involves making changes to Chapter 41 and the other sections in the Municipal Code that cross-reference or relate to land use and zoning to ensure internal consistency within the Santa Ana Municipal Code and address the aforementioned needed amendments.     City Council 16 – 2 10/17/2023 Comprehensive Zoning Code Update October 17, 2023 Page 3 3 7 6 2 FISCAL IMPACT Funds are budgeted and made available in the following accounts for the specified year: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount 2023/24 2024/25 01116510-62300 General Fund Planning & Building, Planning, Contract Services - Professional $1,574,515 Grand Total $1,574,515 EXHIBIT 1. Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 16 – 3 10/17/2023     City Council 16 – 4 10/17/2023     City Council 16 – 5 10/17/2023     City Council 16 – 6 10/17/2023     City Council 16 – 7 10/17/2023     City Council 16 – 8 10/17/2023     City Council 16 – 9 10/17/2023     City Council 16 – 10 10/17/2023     City Council 16 – 11 10/17/2023     City Council 16 – 12 10/17/2023 Santa Ana Comprehensive Zoning Code Update Revised Scope of Services – August 2023, October 2023 This scope of work focuses on: Restructuring and rewriting Chapter 41 (Zoning) of the Santa Ana Municipal Code to improve ease of use, facilitate future updates, and reflect state-of-the-art standards and processes that will achieve quality development projects Implementing General Plan policies and implementation programs to achieve long-range goals Creating new zoning districts from the five General Plan Focus Areas To the maximum extent possible, incorporating the nearly 100 specific plan zoning districts and overlay zones into the code, either as clear cross references to comprehensive specific plans or by subsuming those plans that are fully built out, into existing and new zoning districts Incorporating graphics to illustrate development standards and desired conditions Reworking current administrative procedures to achieve transparent, predictable, and consistent processes for City staff and community members Ensuring all regulations reflect current State laws Addressing City staff’s “fix-it” lists Reflecting sustainability principles Allowing this new, modern code to be translated into a readily navigable, hyperlinked, web- based code For ease of readability in the following scope, our team is identified the MIG Team, inclusive of all team members. Project Assumptions Coordination meetings between City staff and the MIG Team largely will consist of video conferences (for time and cost efficiencies). For all deliverables provided to the City for review, the City will provide a single set of directed revisions to the MIG Team using Word’s track-changes function. To facilitate this work approach, as an alternative we can prepare draft documents using Google Docs or SharePoint. TASK 1: PROJECT OUTLINE, MANAGEMENT, AND COORDINATION The purpose of this task is to refine the approach to the Zoning Code comprehensive update and lay the foundation for consistent project management and smooth communications throughout the work program. We will also conduct initial research involving best-practices strategies and a high-level audit of the existing Zoning Code and all special area plans. EXHIBIT A     City Council 16 – 13 10/17/2023 2 MIG, Inc. Subtask 1.1: Project Initiation and High-level Outline At the outset of the project and following approval of the final scope, budget, and schedule (subtask 2.1), core MIG Team members will meet with City staff to officially kick off the project, gather data and information, finalize protocols and communications, discuss the public engagement process, explore options for structuring the revised Zoning Code, and outline overall expectations and desired outcomes. As part of this initial meeting, we will tour Santa Ana with City staff to experience conditions in the field and understand your vision for implementing General Plan policy. MIG will photo -document the tour for use in subsequent presentations and work products. Following the meeting and based on those meeting discussions, we will prepare a working outline for the revised Zoning Code, indicating how existing code provisions will fit into the new structure and where new sections will be introduced. This will be created as a shared Excel document to allow the City and the MIG Team to track (over the course of the program) where existing code sections have been moved and revised. The following is an example of the restructuring. Proposed New Structure for Title 41 Which Current Articles the New Structure Will Include Article I: Purpose, Applicability, and Interpretation of the Zoning Code Article I: In General (partially) Article VIII: Enforcement » Purpose and » Zones Established and Applicability Zoning Map » Interpretations » Enforcement Article 2: Zones, Allowable Uses, and Development and Design Standards Article III: Use District Regulations Specifically Article XIX: The Transit Code » Residential Zones » Open Space Zones » Commercial and Office Zones » Institutional Zones » Industrial Zones » Specific Plan Zones » Mixed-Use Zones » Special Purpose Zones As determined appropriate through the analysis of the approximate 100 specific plans and similar documents, some will be incorporated into this article while others will be cross-referenced as stand- alone documents. Article 3: Site Planning and General Development Standards (Applicable Citywide) » Rules of Measurement » Landscaping Standards » Site Planning » Off-street Parking » Accessory Structures Regulations » Adaptive Reuse » Performance Standards » Fences, Walls, and » Signs Hedges » Other Article II: Use Districts – General Provisions (partially) Article IV: General Provisions (partially) Article VII: Setback Lines and Future Right-of-Way Lines Article IX: Miscellaneous Article XI: On-premises Signs Article XII: Off-premises Commercial Advertising Signs (Billboards) Article XVI: Water-Efficient Landscape Standards Article XVI.II: Adaptive Reuse     City Council 16 – 14 10/17/2023 3 MIG, Inc. Proposed New Structure for Title 41 Which Current Articles the New Structure Will Include Article 4: Standards for Specific Land Uses This article will contain standards for uses such as drive - through establishments, hazardous waste businesses, home occupations, mobile home parks, outdoor storage and display, recycling facilities, shelters for unhoused persons, vehicle fuel/charging stations, wireless telecommunications facilities, etc. A separate subsection will contain provisions regarding housing- specific regulations currently in the Santa Ana code. Article II: Use Districts – General Provisions (partially) Article IV: General Provisions (partially) Article X – Mobile Home Parks Article XIII – Homeless Shelters Article XIV – Recycling Facilities Article XVI.I: Density Bonus for Affordable Housing Article XVII.I: Massage Article XVIII: Conversion of Existing Buildings to Commercial and Industrial Common Interest Development Article XVII.I: 2021 Affordable Housing Opportunity and Creation Article XX: Small Lot Subdivisions, Urban Lot Splits, and Two-Unit Projects Article XXI: Outdoor Dining on Private Property Article XXII: Mobile Food Trucks on Private Property (We recommend that Article XVII: Adult Business Regulations be relocated to Municipal Code Chapter 12 – Adult Entertainment.) Article 5: Nonconformities Article VI: Nonconforming Buildings and Uses Article 6: Permit Processing Procedures Article V: Conditional Use Permits, Variances, Minor Exceptions, Amendments, and Development Project Plan Approvals (partially) Article 7: Zoning Code Administration Article V: Conditional Use Permits, Variances, Minor Exceptions, Amendments, and Development Project Plan Approvals (partially) Article 8: Definitions » Land Use Definitions » Other Definitions Article I: In General (partially)     City Council 16 – 15 10/17/2023 4 MIG, Inc. In our team’s collective experience preparing zoning code updates, we have identified a code structure that works well. The structure is intuitive and easy to use. Generally, this structure follows the outline above. We will discuss with you its benefits and make adjustments to fit Santa Ana’s specific needs, per our audit of the existing code/special area plans (subtask 1.3) and discussions with you. A draft outline will be provided for City staff review. The outline will be revised based on staff direction and the result of the MIG Team’s research in Task 3; it will then be further refined and finalized prior to undertaking the code revisions in Task 5 (Draft Zoning Code). Subtask 1.2: Briefing Paper Summarizing Zoning Strategies The current Zoning Code uses a traditional Euclidean approach to land use regulations. Many of the specific plans are form-based codes. Selecting the best approach for the five General Plan focus areas will require discussions with City staff to determine what is working best to achieve desired outcomes, while also considering what approaches best facilitate development review. With new State law requirements regarding application of objective design standards to the review of residential development applications and most mixed-use projects, many cities have embraced a hybrid approach, one that allows for greater flexibility than form-based coding. To guide the discussion of the preferred approach for the new Santa Ana Zoning Code, the MIG Team will prepare a briefing paper describing strategies and options for City staff consideration. This paper will be informed by our past work, ongoing work in other communities, our audit of the current Zoning Code and special plan areas, analysis of the interim development standards in subtask 2.2, and the research of current special planning area documents undertaken in Task 3 (Literature Review). Subtask 1.3: Project Management, Project Team Meetings/Phone Calls The purpose of this subtask is to ensure project management meets the City’s expectations and keeps the program moving forward, including contract administration, invoicing, scheduling, and the timely delivery of products. We will prepare monthly invoices and have biweekly phone calls with the City’s project manager (and other staff as appropriate) to monitor and review project progress and results. Action summaries for each meeting will be provided. In addition, throughout the course of the work program, we will meet with City staff to discuss options for policy implementation and preferred direction, and to review draft work products. Our budget includes an allowance for staff meetings and phone calls we feel is appropriate for accomplishing the work described in this proposal within an 18- month time frame. Task 1 Meetings: » Kick-off meeting and tour » Meeting to review preliminary draft outline » Biweekly project management telephone calls Task 1 Deliverables: » Kick-off meeting agenda » Biweekly call agendas and meeting summaries » Preliminary working draft Zoning Code outline » Briefing paper on zoning strategies     City Council 16 – 16 10/17/2023 5 MIG, Inc. TASK 2: PROJECT COMMENCEMENT Task 2, as described in the Request for Proposals, focuses on refining the work program, project schedule, and public engagement program, as well as reviewing the General Plan interim development standards for the five focus areas. The timing of these tasks overlap with Task 1 work, as indicated in the schedule on page 17 of this proposal. We have described them here to follow the Request for Proposals structure. Subtask 2.1: Work Scope Refinement and Program Kick-off Prior to the project commencement and kick-off meeting described in subtask 1.1, the MIG Team will work with City staff to review, refine, and finalize the work scope and project schedule. This will consist of two video conference calls to discuss project goals, available resources, City staff shared responsibilities for engagement outreach and activities, scheduling of engagement events, stakeholders to involve, and City staff’s preliminary ideas for updating the Zoning Code. Subtask 2.2: Briefing Paper on Interim Standards and Existing Form-based Code Standards As a parallel task to developing zoning strategies in subtask 1.2 above the MIG Team will review the Focus Area interim development standards contained in Land Use Element Appendix A to identify how those standards might be brought into the updated Zoning Code. The standards indicate maximum densities and heights, reflective of General Plan land use policy, but also cross reference existing development standards in the Zoning Code and special area plans that apply. We will assess whether those cross-referenced standards may be appropriate for future development or whether a new zone is needed to better implement policy direction. For example, the Flex 1.5 designation relies upon land use and development standards for the M1 zone, but those M1 regulations do not reflect the vision for the flex areas; we will likely recommend creation of a new zone. We will prepare a briefing paper summarizing our analysis and outlining recommendations. These considerations will be further explained in the Zoning Strategies paper described in Subtask 1.2. Task 2 Meetings: » Work scope refinement video conferences (2 calls) Task 2 Deliverables: » Revised work scope, budget, and schedule » Summary of video conference discussion » Briefing paper on interim standards TASK 3: LITERATURE REVIEW AND SUMMARY AUDIT The purpose of this task is to analyze special plan areas (specific plans, form-based code areas, and specific development areas) and to pull together a comprehensive audit that will guide the comprehensive Zoning Code update. Subtask 3.1: Audit of Special Plan Areas and Citywide Design Guidelines Santa Ana has adopted a series of specific plans, form-based code area plans, and specific developments to tailor use and development standards for unique neighborhoods and districts. Close to 100 of these     City Council 16 – 17 10/17/2023 6 MIG, Inc. special plan areas exist. This approach to land use regulation can make implementation challenging for applicants and City staff, and staff is looking for ways to simplify regulation, both by using the newer specific plans and specific development plans to inform standards for the Focus Areas and to subsume built-out specific developments into existing or newly created zoning districts. In addition, the Citywide Design Guidelines apply to all types of development in the community. Given recent State legislation that requires application of objective design standards (ODS) to virtually all residential and mixed-use developments, subjective guidelines can no longer be used to review residential development applications. The MIG Team will undertake an in-depth audit of all such plans and the Citywide Design Guidelines. With regard to the plans, we will assess whether each should be retained as stand-alone plan, updated, deleted, or merged with other plans/specific developments/zoning districts. The audit will be produced in the form of an on-line matrix to allow for easy reading and tracking as to disposition of each plan area. For the Citywide Design Guidelines, we will annotate the existing document to indicate which design guidelines can be incorporated into the updated Zoning Code as ODS. Subtask 3.2: Prepare Comprehensive Chapter 41 Audit and Update Guidance Matrix Altogether, subtasks 1.2, 2.2, and 3.1 will provide guidance regarding the structure and content for the updated Zoning Code. A comprehensive audit of all Chapter 41 articles is also needed to establish guidance for the work tasks ahead. For this task, the MIG Team will complete a comprehensive audit of Chapter 41 to identify all issues to be addressed and the options for addressing them, including revisions needed to respond to recently adopted General Plan policy. This audit will draw from:  Our independent review of the General Plan  Stakeholder interviews (subtask 4.2)  Recent legislation and case law  Discussions with City staff  Knowledge of best practices The audit largely will be in an online matrix format, divided into these broad categories: 1. General Plan policies to be addressed via zoning regulations 2. New State laws needing to be incorporated 3. Each of the Chapter 41 articles We expect that the matrix will be an evolving document as we progress through the update process. MIG will prepare this diagnosis in a format that can be used to track revisions during the drafting process and as a source for the preparation of staff report(s) when the draft Zoning Code goes through the public review and adoption process. We will also audit the Municipal Code for other sections that cross reference or relate to Chapter 41 to identify what updates may be needed to ensure consistency. Task 3 Meetings: » Meetings to discuss the audits (3 budgeted)     City Council 16 – 18 10/17/2023 7 MIG, Inc. Task 3 Deliverables: » Audit of special plan areas and Citywide Design Guidelines » Chapter 41 audit and guidance matrix TASK 4: PUBLIC ENGAGEMENT STRATEGY The public engagement subtasks will include technical meetings led by MIG and public-facing meetings and other activities led by Kearns & West. The budget reflects the level of involvement from each team member. The recent General Plan and Housing Element update programs included extensive community engagement efforts dating back to 2016: community conversations, a General Plan Advisory Group, workshops and surveys, and focused Housing Element roundtables. Our experience with zoning code update programs has shown that people generally do not engage in code update programs until the public hearing phase or unless a workshop is very narrowly focused. Thus, we have prepared the following menu of potential engagement activities. The City will select which to include based on what you believe will be most effective. You may identify alternative methods as well that can be incorporated into the program. The budget includes an allowance for all engagement tasks. Per your direction, the program will be tailored to match this budget or an alternative allocation of funds. Also, if you elect to combine outreach activities for the code update and the separate but parallel public realm plans, we will want to define the approach through the scope refinement task. The City has received a grant from the Southern California Association of Governments (SCAG) to fund an in-depth community engagement approach for this program, with the emphasis on funding participation by community-based organizations (CBOs), reimbursing the CBOs for their time, and covering production costs of materials needed by the CBOs to engage their constituents. Our scope and budget assume the City will contract with and coordinate with the CBOs separately from this contract. A portion of the grant funding will be used by MIG to engage with the CBOs as part of the broader work program. For all public engagement events, the MIG Team will be responsible for preparing presentation materials, leading the activities, and preparing event summaries. We will also prepare advertising materials in English and Spanish; City staff will be responsible for all media posts and other advertising. Subtask 4.1: Public Involvement Plan (PIP) Following the project kickoff meeting and in conjunction with the overall project schedule, Kearns & West will prepare a PIP which will serve as a guide to the community, stakeholder, and developer engagement process. The PIP will include elements necessary for City staff and the consultant team to create pathways for active public engagement in the planning process, and incorporate goals for participation, stakeholder list, a communications plan, programs and activities, roles and responsibilities, and a calendar. The PIP will outline how the engagement will be inclusive and how non- English speakers can participate in the process, schedule, address issues, and/or take advantage of opportunities. The project team will host a meeting with City staff and CBO partners to review the PIP and identify changes or updates.     City Council 16 – 19 10/17/2023 8 MIG, Inc. Subtask 4.2: Stakeholder Interviews To understand any concerns the development community, residents, businesses, and other stakeholders may have about the current Zoning Code— and to identify changes they would like considered—the MIG Team will conduct an intensive series of interviews with community stakeholders and developer interest groups. These will consist of one-on-one and group meetings with individuals and groups identified by City staff (in consultation with the CBO partners and MIG Team). The primary areas of interest will be the five Focus Areas. Persons or groups who may be interviewed include architects and developers, local builders and contractors, commercial and industrial property and business owners, realtors, neighborhood groups and homeowners' associations, and the Santa Ana Chamber of Commerce. We also plan to interview Code Enforcement staff, as they are in the field every day and have a keen understanding of what works and what does not. As an option, we can also interview members of the City Council and Planning Commission. City staff will be responsible for meeting logistics and scheduling meetings. We have assumed three full days of approximately one-hour individual and group interviews, to be attended by three members of the MIG Team. Some interviews can be conducted in the early evening if needed to accommodate interviewees’ schedules. Many will be conducted via video conference. Participants will be encouraged to share their specific concerns about use/development standards and permitting processes, and to provide suggestions on how to address these concerns. Following completion of the interviews, we will prepare a summary memorandum for City staff’s review, identifying key takeaways from the stakeholder interviews. Subtask 4.3: Zoning Symposium for the Planning Commission and City Council – OPTIONAL TASK This is an optional task not included in the budget. We propose to conduct a half-day zoning symposium with the City Council and Planning Commission early in the work program. The purpose is two-fold: 1) to provide information about the scope of the code update and key issues that must be addressed (e.g., changes to reflect General Plan policy, new laws), and 2) to hear ideas and suggestions regarding key topics being addressed (e.g., revised administrative procedures, adaptive reuse and historic preservation). The public will be invited to attend. Symposium topics will include:  How zoning codes shape the appearance and function of all land uses in a community  How communities use zoning/subdivision regulations to achieve development goals  How cities look to zoning code updates to achieve their development objectives  Transforming the City’s existing Zoning Code into a more understandable, streamlined, defensible, and effective user-friendly planning implementation tool  Correlating zoning code provisions with General Plan policies and standards  State-of-the-art zoning code structure, format/ style, and graphic design for creating easy-to-use documents  Zoning districts: how many, what types, when to use overlays and combining designations  Zoning standards: type, specification, and performance-based approaches, graphic support, and representation  Objective design standards, form-based and performance-based codes, and hybrid codes     City Council 16 – 20 10/17/2023 9 MIG, Inc.  Content-neutral sign regulations, nonconforming uses, and other controversial regulatory issues  Steps to faster, effective, and thorough development permit review procedures The MIG Team will be responsible for organizing the symposium. Up to six team members will attend, as we may include break-out sessions requiring facilitation and note-taking. Following the session, MIG will prepare a summary highlighting specific policy direction given by the Council and Commission. City staff will be responsible for securing the venue and providing required noticing for the meeting. Subtask 4.4: CBO Engagement 4.4.1. CBO Partner Strategy The intent of CBO and neighborhood organizational participation is to conduct grassroots outreach and engagement, thereby extending the reach of the City and the MIG Team. The Southern California Association of Governments (SCAG) has awarded the City a grant to provide resources that will enable neighborhood-based grassroots activities. While we will detail grassroots activities in the CBO Partner Strategy, examples of potential activities to be implemented by CBO partners and neighborhood organizations through the SCAG grant include but are not limited to:  Email/text messaging  Door-to-door canvassing  Community walks  Paid focus groups  Tabling at neighborhood events  Presentations at CBO and/or neighborhood meetings  Meetings-in-a-box  Volunteer appreciation gathering We will host one strategy session with City staff to discuss how best to coordinate and engage with trusted CBOs and neighborhood organizations across the City, with a focus on those along the five corridors. We will also review past approaches that have successfully engaged CBOs, neighborhood organizations, and community members so that we may best engage them in the project. During a second strategy session, the MIG Team, the City, and SCAG CBO partners will exchange information and detail the methods of grassroots engagement. These strategy sessions will enable us to identify themes, discussion topics, and methods for grassroots engagement. Our team will use this information to draft a CBO Partner Strategy, which is intended to elicit the needs, experiences, and ideas of CBOs and neighborhood organizations with respect to the Zoning Code Update. This strategy will include a timeline for engagement, tools, and resources to conduct and facilitate engagement with CBOs and neighborhood organizations, a CBO and Partner conversation guide, based on the themes and topics identified with City staff, and a CBO compensation plan. Team member Kearns & West will deliver a draft and final CBO Partner Strategy based on strategy sessions with City staff and SCAG CBO partners.     City Council 16 – 21 10/17/2023 1 0 MIG, Inc. 4.4.2. Grassroots Engagement Toolkit and Training The MIG Team will develop a graphic identity and a toolkit for CBOs to use for their grassroots engagement activities. The toolkit will include collateral needed for the grassroots engagement such as, but not limited to, promotional flyers, a project fact sheet, social media strategy, activity guides, posters, and an informational presentation. Printing materials for the toolkit will be the responsibility of the City and/or CBO partners and funded through the SCAG grant. We will work with City staff and the CBO partners to coordinate a Zoning Code Update grassroots engagement training intended to equip CBOs and neighborhood organizations with the project awareness and tools needed to cohesively and effectively reach and involve their networks. The MIG Team will host the training in partnership with City staff. The City’s Neighborhood Initiatives and Environmental Services staff will play an important role given their relationship with the CBO partners and neighborhood organizations. The MIG Team will prepare and deliver a presentation about the Zoning Code Update, distribute the toolkit, conduct training, and facilitate role-playing exercises to prepare participants for their work in the field. 4.4.3. Manage Financial Relationships with CBOs We value the lived experience and input of our community partners, which is why we have championed community compensation strategies. CBOs, neighborhood organizations, and community members provide essential information to projects through their relational wealth and lived experience. Compensation is the best way to access this expertise; compensation not only honors that wealth and experience, but also allows individuals to avoid tradeoffs that might otherwise lead to them not participating. During our initial bi-weekly check-ins and strategy sessions, our team will learn more about Santa Ana’s procurement requirements and work to build a system to financially compensate participating CBO, neighborhood organizations, and, potentially, community members. The MIG Team will also consult SCAG during a regular bi-weekly check-in to ensure compensation processes and procedures comply with grant funding requirements. We will have a dedicated team member from Kearns & West working to manage subcontracts and payments. Our team has staff accountants who will aid us in ensuring the process is user-friendly and that payments are made in a timely manner. The process development will be reviewed by City and SCAG staff; we will also ensure all payments are approved by the City and SCAG. Subtask 4.5: Community Workshop Series Our team will facilitate a series of Community Meetings with each of the five (5) Focus Area Corridor Plans: three (3) meetings in each focus area for a total of fifteen (15) meetings. Our team envisions the first focus area meeting to be structured as a Listening Workshop and the second and third meetings as hands-on Place-based Workshops. The Listening Workshops will serve to introduce the project to the community and will allow for City residents, local businesses, and stakeholders to learn about the project, and our team to hear from the community about how they understand the project area and goals. The Place- based Workshops will be used to gather feedback on specific elements of the Focus Area Corridor Plans. The workshops may include a presentation, a large group format, and small group     City Council 16 – 22 10/17/2023 1 1 MIG, Inc. breakout sessions designed for cross-pollination of ideas using models, hands-on activities, surveys and/or visual tools. As appropriate, workshops will include Spanish translation and/or Spanish-only breakout sessions. Our team is prepared to offer these workshops as virtual events if needed. Our team will prepare workshop notices/flyers that can be distributed by the City to promote participation. Our team will also develop a logistics plan for each series of meetings (up to three (3) logistics plans). The facilitation and preparation of workshops will include community-based organizations (CBO’s). This will allow for deeper engagement in communities in each focus area, as well as the opportunity to get the word out to more community members beyond the traditional reach of the City. Subtask 4.6: Website Content and Materials Our team will provide content for and support the City Staff in providing materials for the City’s website and social media including text, diagrams and imagery. Information and content will be updated throughout the process to ensure community members are informed and understand how they can participate. This will include a draft social media strategy for each series of workshops (up to 4), development of flyers or postcards and the project fact sheet created as part of the grassroots engagement toolkit in Task 4.4.2. All materials will be translated in both English and Spanish. Subtask 4.7: Digital Surveys – OPTIONAL TASK This is an optional task not included in the budget. Our team proposes using an online survey tool to share information on the project and gather input on the Zoning Code Update from the community. Our outreach team has found SurveyMonkey to be a cost-efficient yet engaging tool to gather meaningful feedback. The project team will design up to two surveys throughout the project, with additional surveys an optional task. Kearns & West has experience with digital platforms like Bang the Table (now Granicus) and Metroquest and can involve them if the City is looking for an interactive online platform for an additional fee. The surveys are not scientifically valid and will include closed questions with up to two open-ended questions. The surveys can be designed to allow one survey for each of the corridors, with options to choose which corridor to respond to and questions on the overall process. The survey will be developed in English and Spanish. Subtask 4.8: Public Outreach Summary Reports A Public Outreach Summary will be provided following each set of meetings. Summaries will focus on broad themes and ideas emerging from the workshops, along with any geographic or issue-specific input helpful to the development and refinement of the Focus Area Corridor Plans. Appendices to the summaries will include more detailed comments, sign-in sheets, completed worksheets, photos, etc. Based on information provided by the CBO partners and neighborhood organizations, the summary reports will also include the results of grassroots engagement activities.     City Council 16 – 23 10/17/2023 1 2 MIG, Inc. Task 4 Meetings: » Stakeholder interviews (three full days) – via video conference » Grassroots Engagement Training » City Council/Planning Commission Zoning Symposium (half day) – in person - OPTIONAL » Three community workshop series of five meetings each (15 total) – via video conference/in person Task 4 Deliverables: » Public Involvement Plan » CBO Partner Strategy » Grassroots Engagement Toolkit » Grassroots Engagement Training presentation » Stakeholders interview summary » Zoning symposium summary - OPTIONAL » Community workshop summaries (three) » Social media content (biweekly) » A CBO compensation plan as part of the CBO Partner Strategy » Timely CBO payments based as laid out in the compensation plan » Management and documentation of CBO payments TASK 5: DRAFT ZONING CODE This task includes the steps necessary to produce administrative review drafts of the Zoning Code for City staff review. The drafts will be prepared as changes to individual articles, chapters, and sections, and will be provided to staff in this manner to allow for timely, focused feedback. We will use either Google Docs or SharePoint to prepare the pre-public review drafts. This allows MIG Team members to work collaboratively among themselves before providing drafts to City staff for review. City staff (Planning and Building Agency) may then work together on the documents, sharing their comments with one another and resolving any internal discussions before presenting direction to the MIG Team. Graphics and formal formatting will be completed following staff review of the second administrative draft. We, and our clients, have found this overall approach to be highly efficient. Because the comprehensive Zoning Code update will result in many code sections largely being rewritten and the entire code rearranged, we will not prepare a legislative version (strike- out/underline). Instead, we will use the tracking matrix described in subtask 3.2 to identify substantive revisions and to indicate where existing Zoning Code provisions have been relocated within the new structure. Where few changes occur, that will be indicated as well. We have planned for the adopting ordinances to be structured to state “remove and replace” the affected code sections. If the City Attorney or others indicate that legislative redline versions are required, substantial additional costs will be incurred. Subtask 5.1: Style Sheet, Format, and Outline The MIG Team will prepare a style and word usage guide listing standard conventions and nomenclature to be used in the Zoning Code. This will be important for guiding code authors and City staff in their review. Based on the input received from staff, MIG will revise the annotated outline and style guide; one round of revisions is assumed.     City Council 16 – 24 10/17/2023 1 3 MIG, Inc. We will also prepare a detailed outline of the updated Zoning Code for City staff review. This outline will be approved by City staff and will shape how the MIG Team performs its work. While minor modifications to the outline can be expected as work proceeds, any substantive changes directed by City staff once we have initiated the writing could result in rework beyond what we have budgeted and would be considered additional services. Subtask 5.2: Administrative Draft Zoning Code Amendments – Two Drafts This subtask involves preparing administrative drafts of the Zoning Code articles, chapters, and sections. The comprehensively updated Zoning Code will be prepared based on all input received from City staff, the community, City Council, and Planning Commission, plus the agreed-upon approach for the five Focus Areas. We will draft the new code to follow the new format, incorporating extensive use of tables and graphics. Key revisions to be made include:  Creating zoning districts and unique standards for the five Focus Areas (using the agreed-upon approach)  Consolidating or subsuming into other zones the regulations for built-out specific development (SD) districts to the maximum extent possible  Incorporating objective design standards for residential and mixed-use zones (as required by law), using the existing Citywide Design Guidelines as a starting point  Creating standards to address transitions between new, higher-intensity developments to lower- scale traditional neighborhoods  Introducing new uses into the Civic Center area for activation  Re-evaluating and revising open space requirements for residential developments  Update the adaptive reuse regulations to preserve historic buildings and allow conversion to housing  Incorporating buffer zone provisions for the industrial zones  Updating the sign ordinance to ensure content neutrality and address visual clutter  Rethinking and reworking parking regulations to reflect evolving travel practices and vehicle technologies  Overhauling administrative procedures to simplify procedures and create greater transparency With regard to administrative procedures, while the current code groups most in Article V, some procedures such as those related to prezoning, home occupation permits, and sign permits are scattered throughout the code. Within Article V, procedures related to specific permit types (minor exceptions, conditional use permits, and variances) are grouped with common procedures such as application filing, hearings, and public notice in one division. Subsequent divisions are dedicated to individual procedures, including amendments, development project approval, and land use certificates. Additionally, Division 2 includes allowances or requirements specific to certain uses, which may be better located with the use standards themselves. This organization and format of the review and permit procedures in the current code makes it difficult to understand, compare, and contrast the rules for gaining approval. Property owners need to easily     City Council 16 – 25 10/17/2023 1 4 MIG, Inc. find out what they can do with their property, including who will make the decision, how long it will take to get to yes (or no), and what can be done if one someone disagrees with the outcome. Similarly, entrepreneurs seeking locations for new businesses want to know where they can locate and what requirements will apply. A code format and development review procedures that provide the type of certainty that applicants seek are not antithetical to the public’s demand for transparency and opportunities for input into the development review process. Indeed, a code that provides greater certainty for applicants can also provide certainty to residents who want to know what can be built next door and who will decide. We anticipate consolidating administrative provisions currently scattered throughout the code into one article, with the goals of: 1) streamlining certain review processes, 2) consolidating provisions to improve usability of the code and ensure consistency among processes, and 3) updating/revising any other administrative provisions that staff has found problematic. Subtask 5.3: Public Review Draft Zoning Code Based on input and direction from City staff on the second administrative draft Zoning Code, the MIG Team will prepare revisions to the updated Zoning Code for public review and distribution. The public review draft will be suitable for posting by the City on the City’s website. We propose posting the Zoning Code online in a format that allows the public to interactively comment on the code provisions using Konveio. No printed copies of the public review draft are planned to be produced. Task 5 Meetings: » Meetings with City staff to review administrative draft Zoning Code articles Task 5 Deliverables: » Administrative draft #1 Zoning Code (online shared files) » Administrative draft #2 Zoning Code (online shared files) » Public review draft Zoning Code – For posting on City website and Konveio TASK 5B: DRAFT AND FINAL ZONING MAPS Subtask 5B.1: Prepare Draft Zoning Map The City’s zoning map will need updating to be consistent with the new General Plan land use policy map. Properties within the five Focus Areas that received new land use designations will require zone changes. In addition, other properties outside of the Focus Areas have inconsistent zoning district and land use designations that will require rezoning for consistency. And, through the code update process, City staff may determine that certain special area plans could be rezoned for simplicity. Using GIS data provided by City staff for both the General Plan and zoning map, the MIG Team will prepare a consistency matrix indicating the correlation between the land use designations and zoning districts and use this to identify where inconsistencies are on the zoning map. (Working collaboratively with Planning staff, we will identify the proper zones to assign to achieve consistency and then create a draft revised zoning map for staff review.     City Council 16 – 26 10/17/2023 1 5 MIG, Inc. Subtask 5B.2: Prepare Public Hearing Draft and Final Zoning Maps City staff will provide a consolidated mark-up of the draft zoning map indicating revisions. The MIG Team will make the revisions to create the zoning map that will be used for public hearings and targeted outreach to property owners who will be affected by the zone changes. Following public hearings, we will prepare the final zoning map to incorporate any changes made during the public hearing process. Because the extent of these revisions cannot be known, the budget includes an allowance. All final GIS files will be delivered to the City. Subtask 5B.3: Targeted Engagement Materials for Zone Changes/Workshops – OPTIONAL TASK This is an optional task not included in the budget. We will prepare targeted engagement materials for property owners affected by the zone changes. On prior rezoning programs, we have found that most owners’ questions and concerns can easily be answered prior to hearings, thus streamlining the hearing process. We will prepare informational materials consisting of a map or series of maps indicating which properties are proposed to be rezoned (from and to). This will be accompanied by text explaining the General Plan implementation focus, the new uses allowed, and any new development standards. Links will be provided to the proposed draft Zoning Code. While we envision that the materials will be web-based and interactive, with affected property owners mailed a card (by the City) directing them to the on-line information, for additional cost we can prepare a mailable brochure. MIG would prepare the brochure, with the City responsible for production and mailing. The budget assumes production of two administrative drafts and one draft for publication on the City’s website. For each draft, City staff will provide one consolidated mark-up indicating direction. As one or more of the 15 public workshops included in subtask 4.4, we propose to conduct workshop(s) specifically focused on the proposed rezonings. City staff would be responsible for noticing affected property owners (facilitated by the APNs identified via GIS). MIG would prepare the workshop materials and lead the workshop. We recommend that this be conducted as an on-line workshop since many property owners may not live in Santa Ana. Task 5B Meetings » Meetings with City staff to review draft map and targeted engagement materials - OPTIONAL » Focused rezoning workshop(s) - OPTIONAL Subtask 5B Deliverables » General Plan/zoning consistency matrix (pdf) » Administrative draft zoning map (pdf) » Public hearing draft zoning map (pdf) » Final zoning map (GIS files) » Administrative draft rezoning informational materials (pdf, 2 rounds of review) - OPTIONAL » Final rezoning informational materials (pdf and source files) - OPTIONAL     City Council 16 – 27 10/17/2023 1 6 MIG, Inc. TASK 6: PLANNING COMMISSION AND CITY COUNCIL WORKSHOPS The purpose of this task is to have the public and decision makers review and comment on the public review draft Zoning Code, and to provide direction for any further revisions to consider as part of the public hearing process. The workshops described below are in addition to the optional Zoning Symposium in Subtask 4.3. Because the policy direction for this update will largely lie on the foundation provided by the General Plan, we propose that the workshops with Planning Commission and City Council subco mmittees, as well as the full bodies, be structured to highlight how the Zoning Code update will implement established policy. This will include any required rezoning of properties (a parallel task to be undertaken by the City). For all Commission and Council workshops, the City will be responsible for securing the venue and providing public notice. The MIG Team will prepare all presentation materials and make the presentations. Up to four team members will attend each workshop session, which we assume wil l be in-person events. We will prepare an action summary following each workshop but not any official minutes. Subtask 6.1 Planning Commission and City Council Subcommittee Workshops (one each) During the process of preparing the first administrative draft Zoning Code, we have planned one workshop each with Planning Commission and City Council subcommittees to explore issues for which Planning staff believes additional policy direction is needed. This may be, for example, how to assign authority for review of projects subject to objective design standards or options for requiring open space. We will work with City staff to define the topic areas. Subtask 6.2: Planning Commission Workshops (2) Once the public review draft Zoning Code has been published, we will conduct two workshops to review the new Zoning Code, highlighting significant changes to zones, development and design standards, and administrative procedures. The MIG Team will capture comments from the Planning Commission and the public and use those to prepare an action summary of revisions to consider during the public hearing process. No changes to the public review draft will be made as a result of the workshops. Subtask 6.3: City Council Workshops (2) We have budgeted for two workshops with the City Council once the public review draft Zoning Code has been published. The timing will depend upon how City staff believes the Council will want to participate: either in parallel with Planning Commission review or once the Commission has conducted its hearings and made a recommendation, but prior to formal Council hearings. The MIG Team will capture comments from the Council and the public and use those to prepare an action summary of revisions to consider during the public hearing process. No changes to the public review draft will be made as a result of the workshops. Task 6 Meetings: » Planning Commission subcommittee workshop (1) » City Council subcommittee workshop (1) » Full Planning Commission workshops (2)     City Council 16 – 28 10/17/2023 1 7 MIG, Inc. » Full City Council workshops (2) Task 6 Deliverables: » Workshop presentations » Action summary of decisions for each workshop session TASK 7: CEQA COMPLIANCE The purpose of this task is to prepare environmental review to comply with the California Environmental Quality Act (CEQA). Because the City recently certified a Final Environmental Impact Report (FEIR) for the comprehensive General Plan update and the Zoning Code update will implement established policy, we have planned for preparation of an FEIR Addendum. We have used this approach for several cities where a comprehensive Zoning Code update followed adoption of a General Plan. Subtask 7.1: General Plan EIR Addendum MIG’s dedicated environmental compliance staff will prepare an administrative draft Addendum for review by City staff. The Addendum will cover all topic areas addressed in the General Plan FEIR, tiering on the analysis to indicate that the Zoning Code update implements adopted land use policy and the implementation actions set forth in the General Plan. Where targeted additional analysis is required, such as for adaptive reuse provisions, the Addendum will provide that analysis. Following receipt of City staff comments on the first administrative draft, we will prepare a second administrative draft for final staff review. The Addendum will be published in tandem with other documents required for the public hearing process; CEQA does not require a public review and comment period for an Addendum. Task 7 Meetings: » None Task 7 Deliverables: » Administrative draft Addendum (2 rounds of review) » Addendum for the public hearing process TASK 8: PUBLIC HEARINGS The purpose of this task is to conduct formal public hearings on the updated Zoning Code. Task 8.1: Planning Commission Public Hearings (2) We have budgeted for two hearings with the Planning Commission to present the draft Zoning Code. Up to three MIG Team members will attend each hearing. Additional hearings, if required, would be billed as additional services with prior City authorization. We will prepare a PowerPoint presentation for the hearings and present it to the Planning Commission. MIG Team members will take detailed internal notes to capture Planning Commission-directed changes.     City Council 16 – 29 10/17/2023 1 8 MIG, Inc. No changes to the public hearing draft will be made based on these recommended changes, but the information will be provided to the City Council as part of its hearing packet. Task 8.2: City Council Public Hearings (2) We have budgeted for two hearings with the City Council to present the draft Zoning Code and the Planning Commission’s recommendations. Up to three MIG Team members will attend each hearing. Additional hearings, if required, would be billed as additional services with prior City authorization. We will prepare a PowerPoint presentation for the hearings and present it to the City Council. City staff will prepare all required staff reports and provide hearing notice. Task 8 Meetings: » Planning Commission hearings (2) » City Council hearings (2) Task 8 Deliverables: » Presentations for public hearings » Internal summary notes of Planning Commission’s recommendations TASK 9: FINAL ZONING CODE The purpose of this task is to incorporate all Council- directed revisions into a final Zoning Code and provide City staff with all associated final materials. Subtask 9.1: Final Zoning Code Following final City Council direction on the Zoning Code, the MIG Team will prepare the final document to incorporate City Council direction. This version will be used for the second reading for adoption. In the budget, we have allocated a certain number of hours to prepare the final Code, assuming two rounds of review. If final City Council direction for Code revisions requires additional effort beyond that indicated, we will bill for the additional hours as additional work with prior authorization from City staff. Subtask 9.2: Assemble Graphics Package The MIG Team will assemble all graphics files in their original Illustrator, SketchUp, and other file structures used for delivery to the City (to allow the City to make any future required revisions or create new graphics). Subtask 9.3: Format and Settings Manual The RFP asks for a “manual for making required updates to the document, including formats and settings, allowing staff to make changes to the file as future text amendments are adopted.” The MIG Team will deliver the final Zoning Ordinance in its adopted Word format, with all format and settings macros intact. We will prepare a brief memorandum explaining the formatting used. Task 9 Meetings: » None     City Council 16 – 30 10/17/2023 1 9 MIG, Inc. Task 9 Deliverables: » Final Zoning Code (pre-check final and final) – Word » Graphics package – Illustrator, SketchUp, and other formats used » Formatting memorandum TASK 10: POST-ADOPTION CEQA, TRAINING, AND CONTINGENCY FOR CHANGES The purpose of this task is to provide follow-on services to City staff to ensure the new Zoning Code works well as envisioned. Subtask 10.1: Notice of Determination We will prepare the Notice of Determination (NOD) upon final City Council action. Our work scope assumes that City staff will be responsible for posting the NOD at the County Recorder and paying associated fees. Subtask 10.2: Zoning Code Guide and Training - – OPTIONAL TASK This is an optional task not included in the budget. We will prepare a highly graphical, simple- to-navigate User-Guide/Handbook for the public that explains how to use the new Zoning Code. The handbook will contain sample graphics, tables, and flow charts, along with helpful zoning code examples that demonstrate how the public can navigate the Zoning Code and find answers to frequently asked questions/ information (e.g., residential setbacks, lot coverage, commercial building signage, accessory structure standards, etc.). The handbook will be organized in the following manner:  Introduction  Organization of the new Zoning Code  Purpose and Applicability of the Zoning Code  Zones, Allowable Uses, and Development Standards  Site Planning and General Development Standards  Standards for Specific Land Uses  Nonconformities  Permit Processing Procedures  Zoning Code Administration  Definitions  Format of the new Zoning Code  How to use the new Zoning Code  Reference to other applicable regulations that play an important part in the development review process We will submit the working draft document to City staff for review and comment and will facilitate meetings and/or conference calls to review and discuss staff comments. Following these discussions, we will prepare the Final Handbook and provide to the City.     City Council 16 – 31 10/17/2023 2 0 MIG, Inc. The handbook working drafts will be provided in Microsoft Word and the final document will be provided in PDF format that is internally hyperlinked for easy navigation within the handbook. The MIG Team will conduct a one-day seminar with City staff to train them on how to use the Zoning Code. In consultation with City staff, we will prepare a training seminar agenda to cover all issues of interest to staff. The seminar will include all City staff responsible for administering and enforcing the Zoning Code. Subtask 10.3: Follow-on Clean Up – OPTIONAL TASK This is an optional task not included in the budget. The updated Zoning Code will set in place new regulations and processes that may take some time for City staff to adapt to and become familiar with—and for the public as well. Also, our experience has shown that it will take several months to work out kinks that could not be anticipated due to the extensive scope of changes. For six months following adoption of the Zoning Code, staff from the MIG Team will be available to City staff to respond to staff’s questions and discuss and direct possible revisions to address provisions that need adjusting. The budget provides an allowance for this task. Task 10 Meetings: » One-day training seminar Task 10 Deliverables: » Notice of Determination » User Guide/Handbook – draft and final - OPTIONAL » Follow-on code clean-up – Budgeted allowance for six months - OPTIONAL     City Council 16 – 32 10/17/2023 MIG, Inc.Santa Ana Comprehensive Zoning Code Update Fee Proposal f e e p r o p o s a l MIG, Inc. Hrs@ $240 Hrs@ $175 Task 1: Project Outline, Management, and Coordination 1.1 Project Initiation and High-level Outline 20 $4,800 20 $3,500 1.2 Briefing Paper Summarizing Zoning Strategies 24 $5,760 32 $5,600 1.3 Project Management, Project Team Meetings/Calls (allowance)144 $34,560 216 $37,800 Historic Context and Survey - Coordination with ARG 1 $240 4 $700 Subtotal 189 $45,360 272 $47,600 Task 2: Project Commencement 2.1 Work Scope Refinement and Kick-off Meeting 8 $1,920 16 $2,800 2.2 Briefing Paper on Interim Standards 6 $1,440 12 $2,100 Subtotal 14 $3,360 28 $4,900 Task 3: Literature Review and Summary Audit 3.1 Audit of Special Area Plans and Citywide Design Guidelines 24 $5,760 40 $7,000 3.2 Prepare Comprehensive Title 41 Audit and Update Guidance Matrix 16 $3,840 50 $8,750 Subtotal 40 $9,600 90 $15,750 Task 4: Public Engagement Strategy and Implementation 4.1 Develop Public Involvement Plan 2 $480 4 $700 4.2 Stakeholder Interviews 16 $3,840 24 $4,200 4.4 CBO Engagement 32 $7,680 24 $4,200 4.5 Community Workshops (15 total)40 $9,600 60 $10,500 4.6 Website Materials and Content 16 $3,840 8 $1,400 4.8 Public Outreach Summary Reports 2 $480 8 $1,400 Subtotal 108 $25,920 128 $22,400 Task 5: Draft Zoning Code 5.1 Style Sheet, Format, and Outline 2 $480 8 $1,400 5.2 Admininstrative Draft Zoning Code Amendments (2 drafts)180 $43,200 400 $70,000 5.3 Public Review Draft Zoning Code Amendments 40 $9,600 60 $10,500 Subtotal 222 $53,280 468 $81,900 Task 5B: Draft and Final Zoning Maps 5B.1 Prepare Draft Zoning Map 8 $1,920 24 $4,200 5B.2 Prepare Hearing Draft and Final Zoning Maps 6 $1,440 12 $2,100 Subtotal 14 $3,360 36 $6,300 Task 6:Planning Commission and City Council Workshops 6.1 Planning Commission and City Council Subcommittee Workshop (1 each)16 $3,840 16 $2,800 6.2 Planning Commission Workshops (2)16 $3,840 16 $2,800 6.3 City Council Workshops (2)16 $3,840 16 $2,800 Subtotal 48 $11,520 48 $8,400 Task 7:CEQA Compliance 7.1 General Plan FEIR Addendum (2 rounds of review)4 $960 12 $2,100 Subtotal 4 $960 12 $2,100 Task 8:Public Hearings 8.1 Planning Commission Public Hearings (2)16 $3,840 16 $2,800 8.2 City Council Public Hearings (2) 16 $3,840 16 $2,800 Subtotal 32 $7,680 32 $5,600 Task 9:Final Zoning Code 9.1 Final Zoning Code (2 rounds of review)8 $1,920 24 $4,200 9.2 Assemble Graphics Package $0 2 $350 9.3 Format and Settings Manual 2 $480 6 $1,050 Subtotal 10 $2,400 32 $5,600 Task 10: Post Adoption CEQA, Training, and Contingency 10.1 Notice of Determination for CEQA Compliance $0 $0 Subtotal 0 $0 0 $0 Direct Costs Subconsultant Expenses and Administration Draft Code Printing (allowance) Konveio Hosting Workshop and Study Session Materials (allowance) Subtotal 0 $0 0 $0 681 $163,440 1,146 $200,550 Contigency 5B.3 Targeted Zoning Map Update Mailer Production (estimate) 10.2 Zoning Code Guide and Training 2 $480 8 $1,400 10.3 Six-Month Tune-ups (allowance)24 $5,760 48 $8,400 Staff Training Materials Printing (allowance) Coordination with Corridor Plan consultant (estimate) L. Stetson/ E. Garcia G. Sharrow/J. Rodriguez PROJECT TOTAL MIG Principal MIG Project Manager/GIS Director OPTIONAL TOTAL WITH CONTIGENCY EXHIBIT B     City Council 16 – 33 10/17/2023 MIG, Inc.Santa Ana Comprehensive Zoning Code Update Fee Proposal Hrs@ $295 Hrs@ $140 Hrs@ $190 Hrs@ $125 0 $0 20 $2,800 $0 4 $500 64 $11,600 6 $1,770 50 $7,000 $0 4 $500 116 $20,630 60 $17,700 108 $15,120 $0 108 $13,500 636 $118,680 $0 $0 $0 $0 5 $940 66 $19,470 178 $24,920 0 $0 116 $14,500 821 $151,850 # $0 8 $1,120 $0 8 $1,000 40 $6,840 8 $2,360 40 $5,600 $0 2 $250 68 $11,750 8 $2,360 48 $6,720 0 $0 10 $1,250 108 $18,590 8 $2,360 80 $11,200 $0 4 $500 156 $26,820 $0 40 $5,600 $0 5 $625 111 $18,815 8 $2,360 120 $16,800 0 $0 9 $1,125 267 $45,635 $0 $0 $0 $0 6 $1,180 $0 50 $7,000 $0 6 $750 96 $15,790 0 $0 40 $5,600 $0 24 $3,000 120 $20,480 24 $7,080 225 $31,500 $0 8 $1,000 357 $59,680 $0 24 $3,360 $0 4 $500 52 $9,100 $0 $60 $0 $0 10 $1,940 24 $7,080 339 $47,520 0 $0 42 $5,250 641 $108,170 $0 12 $1,680 $0 2 $250 24 $3,810 60 $17,700 400 $56,000 $0 80 $10,000 1,120 $196,900 4 $1,180 60 $8,400 $0 24 $3,000 188 $32,680 64 $18,880 472 $66,080 0 $0 106 $13,250 1332 $233,390 $0 60 $8,400 $0 $0 92 $14,520 $0 30 $4,200 $0 $0 48 $7,740 0 $0 90 $12,600 0 $0 0 $0 140 $22,260 $0 24 $3,360 $0 4 $500 60 $10,500 $0 24 $3,360 $0 4 $500 60 $10,500 $0 24 $3,360 $0 4 $500 60 $10,500 0 $0 72 $10,080 0 $0 12 $1,500 180 $31,500 $0 $0 160 $30,400 8 $1,000 184 $34,460 0 $0 0 $0 160 $30,400 8 $1,000 184 $34,460 $0 40 $5,600 $0 6 $750 78 $12,990 $0 32 $4,480 $0 6 $750 70 $11,870 0 $0 72 $10,080 0 $0 12 $1,500 148 $24,860 $0 32 $4,480 $0 4 $500 68 $11,100 $0 8 $1,120 $0 $0 10 $1,470 $0 8 $1,120 $0 16 $2,000 32 $4,650 0 $0 48 $6,720 0 $0 20 $2,500 110 $17,220 $0 $0 6 $1,140 1 $125 7 $1,265 0 $0 0 $0 6 $1,140 1 $125 7 1265 0 $0 0 $0 0 $0 0 $0 $0 $0 # 170 $50,150 1,439 $201,520 166 $31,540 336 $42,000 3,938 $689,200 # $0 $0 $0 $0 10 $1,880 12 $3,540 24 $3,360 $0 12 $1,500 120 $22,560 MIG SubtotalMIG Project Associates MIG Designer MIG Environmental Analysts MIG Administrative     City Council 16 – 34 10/17/2023 MIG, Inc.Santa Ana Comprehensive Zoning Code Update Fee Proposal Hrs@ $270 Hrs@ $240 Hrs@ $200 Hrs@ $220 2 $540 16 $3,840 16 $3,200 16 $3,520 $1,350 $24,050 2 $540 10 $2,400 16 $3,200 24 $5,280 $0 $32,050 0 $0 80 $19,200 44 $8,800 60 $13,200 $18,280 $178,160 0 $0 4 $960 8 $1,600 24 $5,280 $0 $8,780 4 $1,080 110 $26,400 84 $16,800 124 $27,280 0 $19,630 $243,040 0 $0 4 $960 2 $400 6 $1,320 $0 $9,520 0 $0 2 $480 2 $400 0 $0 $0 $12,630 0 $0 6 $1,440 4 $800 6 $1,320 0 $0 $22,150 0 $0 32 $7,680 40 $8,000 0 $0 $0 $42,500 0 $0 12 $2,880 32 $6,400 32 $7,040 $0 $35,135 0 $0 44 $10,560 72 $14,400 32 $7,040 0 $0 $77,635 0 $0 $0 $0 $0 $13,970 $15,150 0 $0 8 $1,920 16 $3,200 16 $3,520 $0 $24,430 0 $0 $0 0 $0 0 $0 $43,480 $63,960 0 $0 30 $7,200 30 $6,000 12 $2,640 $129,330 $204,850 Includes $30K for translation services 0 $0 0 $0 0 $0 0 $0 $16,530 $25,630 0 $0 $0 $0 $0 $19,825 $21,765 0 $0 38 $9,120 46 $9,200 28 $6,160 0 $223,135 $355,785 2 $540 4 $960 6 $1,200 12 $2,640 $0 $9,150 40 $10,800 180 $43,200 220 $44,000 220 $48,400 $0 $343,300 8 $2,160 24 $5,760 40 $8,000 60 $13,200 $0 $61,800 50 $13,500 208 $49,920 266 $53,200 292 $64,240 0 $0 $414,250 $0 $0 $0 $0 $0 $14,520 $0 $0 $0 $0 $0 $7,740 0 $0 0 $0 0 $0 0 $0 0 $0 $22,260 0 $0 24 $5,760 0 $0 16 $3,520 $0 $19,780 0 $0 32 $7,680 0 $0 20 $4,400 $2,175 $24,755 0 $0 32 $7,680 0 $0 20 $4,400 $2,175 $24,755 0 $0 88 $21,120 0 $0 56 $12,320 0 $4,350 $69,290 0 $0 0 $0 0 $0 0 $0 $5,000 $39,460 0 $0 0 $0 0 $0 0 $0 0 $5,000 $39,460 0 $0 16 $3,840 0 $0 8 $1,760 $0 $18,590 $0 16 $3,840 0 $0 8 $1,760 $0 $17,470 0 $0 32 $7,680 0 $0 16 $3,520 0 $0 $36,060 0 $0 36 $8,640 48 $9,600 40 $8,800 $0 $38,140 0 $0 4 $960 10 $2,000 0 $0 $0 $4,430 0 $0 0 $0 0 $0 0 $0 $0 $4,650 0 $0 40 $9,600 58 $11,600 40 $8,800 0 $0 $47,220 0 $0 0 $0 0 $0 0 $0 $0 $1,265 0 $0 0 $0 0 $0 0 $0 0 $0 $1,265 $87,000 $15,000 in expenses for MH $3,000 $400 $10,000 0 $0 0 $0 $0 $0 $0 $0 0 $0 $100,400 54 $14,580 566 $135,840 530 $106,000 594 $130,680 0 $252,115 $1,428,815 $50,000 $8,000 6 $1,620 56 $13,440 60 $12,000 12 $2,640 $0 $31,580 0 $0 12 $2,880 12 $2,400 24 $5,280 $0 $33,120 $4,000 $10,000 Kearns & WestMartha Miller PlanningMintier Harnish Associate Staff M. Gibbons M. Miller Project Totals J. Harnish Mintier Harnish Principal B. Gibbons Mintier Harnish Senior Staff $1,478,815     City Council 16 – 35 10/17/2023 Public Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Countywide Signal Synchronization Baseline Project AGENDA TITLE Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City’s role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION Signal synchronization is a cost-effective way to maximize roadway throughout the City without major new construction. Orange County Transportation Authority (OCTA) provides funding and assistance to implement multi-agency signal synchronization as part of the M2 Project P (Project P). Annually, OCTA provides competitive grants dedicated to the coordination of traffic signals across jurisdictional boundaries. The goal of Project P is to improve traffic flow by developing and implementing regional signal coordination that crosses local agencies’ boundaries and maintains coordination through freeway interchanges where possible. Since its inception, Project P has utilized a corridor-based approach to fund projects and has been successful in improving travel times, reducing delays and congestion, and increasing the number of consecutive green lights drivers experience in their daily commutes. In 2019, a decade into the program, OCTA staff began a countywide signal synchronization study to evaluate and update the program to coincide with today’s current traffic and technology trends. Further analysis of the completed projects within Project P indicated that the corridor approach was successful in kicking off the program; however, crossing corridors are     City Council 17 – 1 10/17/2023 Countywide Signal Synchronization Baseline Project October 17, 2023 Page 2 3 7 6 4 beginning to experience conflicting timing demands at these intersections. Moreover, the study indicated that it is best practice to periodically resynchronize traffic signals to ensure operational efficiency and adjust for changes in traffic. To ensure that all Orange County signals are revisited, the countywide signal synchronization study resulted in the following recommendations to enhance the signal synchronization program moving forward: •Set a countywide signal synchronization baseline by retiming approximately 2,500 Orange County signals along regionally significant corridors to avoid any crossing coordination conflicts and ensure signal timing is based on current traffic volumes. •Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation. •Transition from a corridor-based to a zone-based approach that is retimed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming retiming efforts to maximize the benefits of the zone-based approach. •Continue to offer annual calls that balance signal synchronization and signal capital improvements to ensure Orange County is future ready. The recommended updates aim to provide a program that will regularly coordinate signals as the basis for synchronized operation across Orange County, which includes 204 traffic signals in Santa Ana. OCTA has received $15 million of external funds to administer and deliver this project. While OCTA will fund and act as lead agency for the project, a cooperative agreement (Exhibit 1) is necessary to identify the roles and responsibilities of each participating agency, to maintain inter-jurisdictional synchronization during the project period which is scheduled to begin by January 2024. Upon project completion, responsibility for ongoing signal timing maintenance will revert to the respective local agencies. FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. EXHIBIT(S) 1. Orange County Cooperative Agreement (C-3-2433) Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 17 – 2 10/17/2023 Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2433 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Santa Ana, a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”. RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “PLAN STUDY”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and EXHIBIT 1     City Council 17 – 3 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 204 PARTICIPATING AGENCY-owned and operated signalized intersections and 1 (one) optional operated signalized intersection will be included as part of the PROJECT; and WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the 3rd day of October, 2023. NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows: / / Page 2 of 10     City Council 17 – 4 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 3 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. / / /     City Council 17 – 5 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 4 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT: A. To designate a Project Manager as a single point of contact for the Project. B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT. C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT. D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification. E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization. F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY. G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.     City Council 17 – 6 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 5 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement. I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT. J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed. ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT: A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum. B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT. C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation. D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request. E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT. /     City Council 17 – 7 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 6 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers. G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee. ARTICLE 6. AUDIT AND INSPECTION PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor. ARTICLE 7. INDEMNIFICATION A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,     City Council 17 – 8 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 7 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. ARTICLE 8. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028. B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties. /     City Council 17 – 9 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 8 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default. D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party. E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT. F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted. I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /     City Council 17 – 10 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 9 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement. K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party. L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To PARTICIPATING AGENCY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority Traffic Engineering Section/M-43 20 Civic Center Plaza Santa Ana, CA 92701 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Executive Director Public Works Agency Tel: (714) 647-5654 Email: NSaba@santa-ana.org Attention: Michael Le Senior Contract Administrator Tel: (714) 560-5314 Email: mle1@octa.net CC: Alicia Yang OCTA Project Manager Tel: (714) 560-5362 Email: ayang@octa.net M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.     City Council 17 – 11 10/17/2023 COOPERATIVE AGREEMENT NO. C-3-2433 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Page 10 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2433 to be executed as of the date of the last signature below. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Kristine Ridge Meena Katakia City Manager Manager, Capital Projects Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM: By: ___________________________ By: __________________________________ Jennifer L. Hall James M. Donich City Clerk General Counsel Dated: _________________________ Dated: _________________________ APPROVED AS TO FORM By: ___________________________ Jose Montoya Assistant City Attorney Dated: __9/5/2023__________________ RECOMMENDED FOR APPROVAL: By: __________________________________ Nabil Saba, P.E. Executive Director, Public Works Agency Dated: _________________________ James Donich (Jul 30, 2023 11:22 PDT)     City Council 17 – 12 10/17/2023 Public Works Agency and Library Services https://www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: King Street Urban Greening Project AGENDA TITLE Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23- 6625) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $275,000 of 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. (Requires five affirmative votes) 2.Approve an appropriation adjustment to recognize $300,000 of prior-year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625). 4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.     City Council 18 – 1 10/17/2023 King Street Urban Greening Project October 17, 2023 Page 2 3 7 7 2 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work. 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project. GOVERNMENT CODE §84308 APPLIES:No DISCUSSION The project features the transformation of 9,000 square-feet of unused public space at the intersection of King Street and 10th Street into a new urban green space (Exhibit 1). The project includes bicycle and pedestrian pathways, drought-tolerant landscaping, lighting, waste receptacles, seating, interpretive signage, art installations, new sidewalks, Americans with Disabilities Act (ADA) curb ramps, and a stormwater infiltration system that will capture and infiltrate stormwater runoff from the surrounding neighborhood. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified 1,828 regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors requested bidding documents and five bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 2, 2023 and August 9, 2023. The project was also advertised in PlanetBids from August 1, 2023 through August 22, 2023. An Addendum was issued on August 15, 2023 to modify some of the bid item quantities. Bids were received electronically via PlanetBids on August 22, 2023. Bid Results Summary Rank Bidder’s Name Location Base Bid 1 C.S. Legacy Construction, Inc.Walnut, CA $1,598,202 2 MBC Enterprises Inc Westminster, CA $1,814,358 3 Zusser Company, Inc.Los Angeles, CA $1,890,779 4 Excel Paving Co Long Beach, CA $2,148,889 5 Kazoni Construction Costa Mesa, CA $2,866,141     City Council 18 – 2 10/17/2023 King Street Urban Greening Project October 17, 2023 Page 3 3 7 7 2 A total of five bids were received, all of which were deemed responsive. C.S. Legacy Construction, Inc. submitted the lowest responsive base bid in the amount of $1,598,202 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff recommends awarding the construction contract to C.S. Legacy Construction, Inc., in the amount of the base bid totaling $1,598,202 (Exhibit 3). In the past five years, C.S. Legacy Construction, Inc. has completed several park and street improvement projects for the Public Works Agency and Parks, Recreation, and Community Services Agency, including the Civic Center Japanese Pavilion Restoration, Center Street Urban Greening Project, and South Main Corridor Improvements. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement (CWA) requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,918,240. Project Item Total Construction Contract Bid Amount $1,598,202 Construction Administration, Inspection, Testing $159,820 Contingencies $160,218 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,918,240 Approval of the amendment to the FY 2023-24 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-73 was filed for the project. FISCAL IMPACT This project was originally approved in the FY 2022-23 CIP as Project No. 23-6625, which is the number assigned to the Project Plans and Specifications, the Notice Inviting Bids, and all expenditures to deliver the project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,918,240, which includes construction, contract administration, inspection, testing, and an     City Council 18 – 3 10/17/2023 King Street Urban Greening Project October 17, 2023 Page 4 3 7 7 2 authorized contingency. Approval of the Appropriation Adjustments will recognize $275,000 of 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 Buildings expenditure account (No. 05717640-66220), and recognize $300,000 of prior year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account (No. 31113260-66220). The proposed contract enables Staff to authorize a construction cost increase of up to 25 percent, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to the City Council with a project update and recommendations. The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carry-overs to FY 2024-25. Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Existing Project Budget 2023-24 16417640-66220 (23-6625) PWA Enterprise Capital Grants Public Works – Water Quality and Control, Improvements Other Than Buildings $1,343,240 Appropriation Adjustments 2023-24 05717640-66220 (23-6625) Federal Clean Water Protection Enterprise Federal Clean Water Protection Enterprise, Improvements Other Than Buildings $275,000 2023-24 31113260-66220 (23-6625) District 1 Acquisition and Development Fund Residential Development District 1, Improvements Other Than Buildings $300,000 Total $1,918,240     City Council 18 – 4 10/17/2023 King Street Urban Greening Project October 17, 2023 Page 5 3 7 7 2 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2023-24 CIP Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 18 – 5 10/17/2023 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 23-6625: King Street Urban Greening Exhibit 1 - Project Location Legend     City Council 18 – 6 10/17/2023     City Council 18 – 7 10/17/2023     City Council 18 – 8 10/17/2023     City Council 18 – 9 10/17/2023     City Council 18 – 10 10/17/2023     City Council 18 – 11 10/17/2023     City Council 18 – 12 10/17/2023     City Council 18 – 13 10/17/2023     City Council 18 – 14 10/17/2023     City Council 18 – 15 10/17/2023     City Council 18 – 16 10/17/2023     City Council 18 – 17 10/17/2023     City Council 18 – 18 10/17/2023 $1,598,201.66 $159,820 $160,218 TOTAL ESTIMATED CONSTRUCTION COSTS $1,918,239.66 CONSTRUCTION OF PROJECT NO. 23-6625: KING STREET URBAN GREENING PROJECT COST ANALYSIS Construction Contract Contract Administration, Inspection and Testing Contingencies     City Council 18 – 19 10/17/2023 EXHIBIT 5 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED: King Street Urban Greening Project The King Street Urban Greening Project features the transformation of approximately 9,000 square-feet of unused public space at the intersection of King Street and 10th Street. The Project includes bicycle and pedestrian pathways, drought tolerant landscaping, lighting, waste receptacles, seating, interpretive signage, art installations, and a stormwater infiltration system that will capture and infiltrate stormwater runoff from the surrounding neighborhood. The abandoned street area at the intersection of King Street and 10th Street is unused and is subject to illegal dumping. The Project will beautify this public space and provide benefits to the surrounding community. The Project will also help improve water quality, enhance local water supply, and reduce flooding via the infiltration of stormwater runoff . The Project connects the Artesia Pilar neighborhood to Fairview Street via the installation of pedestrian and bicycle pathways. PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Storm Drain/Water Quality PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 575,000 - - - - - - - - - - - - - - - - - -TOTAL 575,000 SOURCE OF FUNDS DISTRICT 1 A&D FUND FED CLEAN WATER FY 23/24 300,000 275,000 575,000 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 - - - - - - - - - - - - - - - - - -TOTAL AGENCY:DIVISION:CONTACT:DATE: Public Works CIP Engineering Craig Foster, NPDES Manager 20-Sep-2023     City Council 18 – 20 10/17/2023 Public Works Agency https://www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Award Construction Contract for the 17th Street Rehabilitation from Fairview Street to Flower Street Project AGENDA TITLE Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non-General Fund) RECOMMENDED ACTION 1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project. 2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980).     City Council 19 – 1 10/17/2023 Award Construction Contract with All American Asphalt October 17, 2023 Page 2 3 7 7 4 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project. GOVERNMENT CODE §84308 APPLIES:No DISCUSSION Staff has identified 17th Street from Fairview Street to Flower Street (Exhibit 1) as a priority by the city’s pavement management program. The pavement is deteriorating due to weather, age, and heavy usage. The scope of work includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, landscaping, irrigation, and signing and striping. Once completed, the improvements will enhance the street's drivability, visual appearance, accessibility, and drainage issues. This project will combine two rehabilitation projects, 17th Street from Fairview Street to Bristol Street and 17th Street from Bristol Street to Flower Street (Project No. 21-6979, 21-6980), in order to efficiently perform improvements at a cost effective rate. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,559 regional vendors via PlanetBids, many of which are Santa Ana based. Forty-four vendors requested bidding documents and a total of five bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 6, 2023, June 13, 2023, and June 27, 2023. The project was also advertised in PlanetBids from June 2, 2023 through July 6, 2023. Bids were received electronically via PlanetBids on July 6, 2023. Bid Results Summary Rank Bidder’s Name Location Base Bid 1 All American Asphalt Corona, CA $1,899,983 2 R.J. Noble Company Orange, CA $1,948,917 3 Hardy & Harper, Inc.Lake Forest, CA $1,960,000 4 Excel Paving Co Long Beach, CA $2,113,553 5 Onyx Paving Company, Inc.Anaheim, CA $2,488,000 A total of five bids were received, and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $1,899,983 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff     City Council 19 – 2 10/17/2023 Award Construction Contract with All American Asphalt October 17, 2023 Page 3 3 7 7 4 recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $1,899,983 (Exhibit 3). All American Asphalt has worked on various projects for the City of Santa Ana throughout the last several years. The most recent project involving All American Asphalt was the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road in FY 2023/2024. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,374,980. Project Item Total Construction Contract Bid Amount $1,899,983 Construction Administration, Inspection, Testing $284,998 Contract Contingencies $189,999 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,374,980 In order to account for the widespread price increases in construction material, Staff recommends reallocating $671,980 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds to supplement the existing construction funding. Funding was originally allocated to the Fairview Street Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project. The Fairview Rehab Project will be fully funded with a new budget in the upcoming FY 2023-24 Capital Improvement Program (CIP) (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-48 was filed for the project. FISCAL IMPACT Project 21-6979 and Project 21-6980 are the numbers assigned to the funding for tracking of all expenditures to deliver the construction of this project indicated in the Cost Analysis. The total construction delivery cost of the project is $2,374,980, which includes construction, contract administration, inspection, testing, and an authorized contingency. Monies will be reallocated from Project No. 21-6978 to fund this agreement.     City Council 19 – 3 10/17/2023 Award Construction Contract with All American Asphalt October 17, 2023 Page 4 3 7 7 4 The proposed contract enables staff to authorize a construction cost increase of up to 25 percent if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations. The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25. Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Existing Budget 2023-24 05917665-66220 (21-6979) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $972,000 2023-24 05917665-66220 (21-6980) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $731,000 Budget Reallocation 2023-24 05917665-66220 (From Proj. 21- 6978 to 21-6979) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $335,990 2023-24 05917665-66220 (From Proj. 21- 6978 to 21-6980) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $335,990 Total $2,374,980 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheets Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 19 – 4 10/17/2023 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 19-6948 (ATPSBL-5063(195)): West Willits Protected Bike Lanes from Fairview Street to Raitt Street EXHIBIT 1 Project No. 21-6979 & 21-6980 17th St Rehabilitation from Fairview to Flower Project Location     City Council 19 – 5 10/17/2023 410.00 0.40 119.00 141.00 781.00 18,100.00 18,100.00 14.00 37.00 99.00 35.00 20.72 38.00 542.00 184,500.00 122,708.00 195,160.00 253,800.00 242,110.00 109,200.00 125,800.00 232,650.00 84,000.00 10,360.00 53,200.00 4,878.00 EXHIBIT 2     City Council 19 – 6 10/17/2023 975.00 975.00 1,200.00 975.00 542.00 542.00 1,300.00 375.00 345.00 2,450.00 96,000.00 96,000.00 1,899,983.00 2,925.00 29,250.00 3,900.00 30,000.00 10,400.00 19,125.00 46,575.00 9,800.00     City Council 19 – 7 10/17/2023     City Council 19 – 8 10/17/2023 EXHIBIT 3     City Council 19 – 9 10/17/2023     City Council 19 – 10 10/17/2023     City Council 19 – 11 10/17/2023     City Council 19 – 12 10/17/2023     City Council 19 – 13 10/17/2023     City Council 19 – 14 10/17/2023     City Council 19 – 15 10/17/2023     City Council 19 – 16 10/17/2023     City Council 19 – 17 10/17/2023     City Council 19 – 18 10/17/2023     City Council 19 – 19 10/17/2023     City Council 19 – 20 10/17/2023     City Council 19 – 21 10/17/2023     City Council 19 – 22 10/17/2023     City Council 19 – 23 10/17/2023     City Council 19 – 24 10/17/2023     City Council 19 – 25 10/17/2023     City Council 19 – 26 10/17/2023     City Council 19 – 27 10/17/2023     City Council 19 – 28 10/17/2023     City Council 19 – 29 10/17/2023     City Council 19 – 30 10/17/2023     City Council 19 – 31 10/17/2023 EXHIBIT 4 Construction Contract 1,899,983.00$ Contract Administration, Inspection and Testing 284,998.00$ Contingencies 189,999.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 2,374,980.00$ Prog Pay Const Eng Des Eng Conting TOTAL EXISTING MISSING BUDGET Phase Prog Pay Const Eng Des Eng Conting TOTAL TRANSFER PROG PAY & CONTING FROM MEMORIAL TO CAMPESINO Phase CONSTRUCTION OF PROJECT NO. 21-6979 & 21-6980: 17th Street Rehabilitation from Fairview St to Flower St COST ANALYSIS     City Council 19 – 32 10/17/2023 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Application of slurry seal, crack seal, and minor pavement resurfacing with asphalt concrete. The work also include replacement/installation of missing or damaged curbs, gutters, sidewalk, driveway approaches, wheelchair ramps, and striping. PROJECT NEED: The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The application of a surface seal to streets with improvements constructed in the last 10 years will ensure a high level of service for years to come. PROJECT TITLE: 17th Street Rehabilitation: Fairview to Bristol PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Design Engineering Sean Thomas, Senior Civil Engineer 17-Oct-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 335,990 ------ Engineering ------- TOTAL 335,990 ------ SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 ------ TOTAL 335,990 ------ EXHIBIT 5     City Council 19 – 33 10/17/2023 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Reconstruction/resurfacing of existing pavement and replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway. PROJECT NEED: The City's Pavement Management Program (PMP) has been developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. This segment of 17th Street pavement rehabilitation is identified as a high priority in the PMP. PROJECT TITLE: 17th Street Rehabilitation: Bristol to Flower PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Design Engineering Sean Thomas, Senior Civil Engineer 17-Oct-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 335,990 ------ Engineering ------- TOTAL 335,990 ------ SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 ------ TOTAL 335,990 ------ EXHIBIT 5     City Council 19 – 34 10/17/2023 Public Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Fountain Maintenance Repair Services AGENDA TITLE Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION On September 13, 2021, PRCSA released a Request for Proposal (RFP) for fountain maintenance and on November 16, 2021, Service First Fountain (Service First) was awarded the contract (Exhibit 1). Service First has provided continuous maintenance services at our fountains and city pools. Their highly professional and prompt responses have been instrumental in keeping our fountains beautiful, healthy, and safe for all residents and city visitors to enjoy. Over the years, there has been a need for an increased level of maintenance services due to vandalism and deferred maintenance. Service First has provided high-quality maintenance service to the City since its contract commencement in 2021. To fund the increased level of service and unforeseen repairs, Staff recommends increasing the annual agreement amount by $50,000 to cover service (Exhibit 2). Furthermore, due to their satisfactory work throughout the contract, Staff recommends extending the agreement term by an additional two years ending December 31, 2025.     City Council 20 – 1 10/17/2023 Fountain Maintenance Repair Services October 17, 2023 Page 2 3 7 7 8 FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services. Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount Annual Increase 2023 (August- December) 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $47,000 2023 (August- December) 02718133- 62300 Parking Fund Downtown Enhancements, Contract Services-Professional $3,000 2024 (January- June) 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $25,000 FY 24-25 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $50,000 FY 25-26 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $50,000 FY 26-27 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $50,000 2027 (July- December) 07417655- 62320 Civic Center Maintenance Fund Civic Center – Regular Maintenance, Maint. & Repair Bldg. & Ground $25,000 Total $250,000 EXHIBIT(S) 1. Agreement with Service First Fountains, A-2021-218 2. First Amendment with Service First Fountains Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 20 – 2 10/17/2023 INSURANCE ON FILF WORN fv9?y DP A-2021-218 c L AGREEMENT TO PROVIDE FOUNTAIN MAINTENANCE AND REPAIR SERVICES p ; TfUft (fral iAb lk 4 6yi* 9 )WT•I THIS AGREEMENT is made and entered into this 16t° day of November, 2021 by and between Service First Contractors Network dba Service 1st ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of o the State of California ("City"). City and Contractor are also referred to as "the Parties." a- N RECITALS 0 A. On September 13, 2021, the City issued Request for Proposal ("RFP") No. 21-102, by which it sought a qualified contractorto provide fountain maintenance and repair services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-102. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the fountain repair and maintenance services described and set forth in the scope of work that was included in RFP No. 21-102, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The annual amount, including any extension period exercised under Section 3, shall not exceed one - hundred six thousand one -hundred seventy dollars and zero cents ($106,170.00), which includes (1) a base sum of $88,475 and (2) a twenty percent (20%) contingency in the amount of $17,695 for additional services at the City's sole discretion. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed four -hundred twenty-four thousand six -hundred eighty dollars and zero cents ($424,680.00). 1. Page 1 of 10 EXHIBIT 1     City Council 20 – 3 10/17/2023 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2022 and terminate on December 31, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all -salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 10     City Council 20 – 4 10/17/2023 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimurns shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including Page 3 of 10     City Council 20 – 5 10/17/2023 materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Page 4 of 10     City Council 20 – 6 10/17/2023 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years a%ter completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that Page 5 of 10     City Council 20 – 7 10/17/2023 personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three 3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Page 6 of 10     City Council 20 – 8 10/17/2023 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-421 I To Contractor: Service First Attn: Robert Wormus, Account Manager 2510 N. Grand Ave., Ste, 110 Santa Ana, CA 92705 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 timefiames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 10     City Council 20 – 9 10/17/2023 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 1.8. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 10     City Council 20 – 10 10/17/2023 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall because for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Page 9 of 10     City Council 20 – 11 10/17/2023 APPROVED AS TO FORM SOMA R, CARVALHO City Attorney don 5alvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL CONTRACTOR Name: Mark Bucher Title: Secretary, Lisa Rudloff. Executive Director Parks, Recreation, and Community Services Agency Page TO of 10     City Council 20 – 12 10/17/2023 APPROVED AS TO FORM SONIA R, CARVALHO City Attorney By: andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency CONTRACTOR Name: Mark Bucher Title: Secretary Page 10 of 10    City Council 20 – 13 10/17/2023 Service 1ST October 27, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 Letter of Authorization To whom it may concern: I, Jazmine Rohr, hereby declare that Mark Bucher has the power, authority and right as the Secretary to bind Service First to the terms of this agreement. Sincerernn d Jaz ri.ohr Office Manager 2510 N. Grand A%enue. SUitC p 110 • Santa Ana. Cal iFornia 92705 • (714) 573-2200 • FAX (714)573-2297 • License #556812     City Council 20 – 14 10/17/2023 EXHIBIT A     City Council 20 – 15 10/17/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-102 Description of Work The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repairs of the fountains identified below: Fountain Location Service Per Week Plaza of the Fountain #1 North of State Building 3 Times Plaza of the Fountain #2 East of Law Library 3 Times Plaza of the Fountain #3 South of Law Library 3 Times Plaza of the Sun Fountain Between City Hall and Main Library 3 Times Sasseer Park Fountain Corner of Santa Ana Blvd. and Broadway 3 Times 2od Street Mall Fountain Between Sycamore St. and Broadway 3 Times Responsibilities Included. Fountain maintenance and repair services covered by this specification include the tasks shown in the table below: Fountain Maintenance & Repair where applicable work shall be performed routinely per manufacturers specifications) 1 Maintain pumps 2 Maintain pump motors 3 Maintain all plumbing i.e. piping, couplings, and fittings 4 Maintain and utilize chlorine and metering/monitoring equipment* 5 Maintain filters 6 Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended design 7 Maintain valves Routine Maintenance and Operation To Meet All O.C. Health Department Requirements 8 Test and adjust the chlorine and other chemicals levels in the water. 9 Test the pH level in the water 10 Add acid or soda ash as necessary to adjust pH level 11 Provide all supplies (e.g., chemicals, testers 12 Replace carbon dioxide gas cylinders when empty and without interruption to system operation 13 Empty strainer(s) (interceptor basket), skimmers and screens 14 Shock treat when required to maintain water free of algae 15 Vacuum and clean fountain 16 Adjust water level 17 Test and replace underwater lights as outages occur. City of Santa Ana RFP 21-102 Page 12     City Council 20 – 16 10/17/2023 Periodic Maintenance Per Manufacturers Specifications 18 Backwash and o erate filters as recommended by the manufacturer. 19 Re lace filter medium, if necessary as recommended by the manufacturer. Note: It is very important and required that the contractor be experienced with the automated chemical controllers and operate the equipment to control the chemicals on a continuous basis. Fountain Structure Routine Maintenance and Repair 20 Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism, earthquake, do not apply 21 Replace broken or missing skimmer lids and drain covers as necessary. Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the tasks shown in the table below. Tasks Excluded from Fountain Maintenance and Repair Facility Maintenance and Repair 1 Paint interior and exterior of pump/filter room 2 Maintain pump/filter room (e.g., lights, ventilation) 3 Repair building electrical components 4 Replace lamps for area and general lighting 5 Repair power panels, switches, outlets, etc. Grounds and Fencing 6 Landscape work 7 Re air fences and aces (including locks) 8 Re air or repaint signs 1. DEFINITIONS Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed. Director. The Director of Parks, Recreation and Community Services or their designated representative with the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf of the City. This is the only individual authorized to change a contract or any of the requirements therein. Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately responsible for ensuring that all subcontractors comply with the provision of the Agreement. Day. A normal weekday, unless otherwise specified. Deficiency. A shortcoming in the quality or state of service performed. Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical agent. Emergency Work. Any unforeseen circumstance or combination of circmnstances that requires immediate action. City of Santa Ana RFP 21-102 Page 13     City Council 20 – 17 10/17/2023 Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and/or biological forces that alter the life bio systems, structures, and equipment, recreational opportunity, aesthetics or natural beauty or the environment. Frequency of Service. The following are frequencies and their definitions. Frequently Abbreviation Definition Annual A Services performed once during each 12 month period of the contract Semi -Annual S/A Services performed twice during each 12 month period of the contract at intervals of 160 to 200 calendar days Quarterly Q Services performed four times during each 12-month period of the contract at intervals of 80 to 100 calendar days. Monthly M Services performed 12 times during each 12-month period of the contract at intervals of 28 to 31 calendar days. Weekly W Services performed 52 times during each 12-month contract period at intervals of 6 to 8 calendar days. Twice Weekly 2W Services performed twice a week, such as Monday and Thursday or Tuesday and Friday Daily D Services performed each calendar day, Sunday through Saturday, including holidays unless otherwise noted. Three times 3 W Services performed three times a week, such as Monday, Weekly Wednesday, Friday but not consecutive days. Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing, radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human health and the environment. Special handling procedures and disposal facilities are required for their disposal. Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and replacing washers. Minor Parts. Repair parts having a per item cost of $25.00 or less. Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the City is the owner. Periodic Services. Services which are required less frequently than once per billing period. These normally include services which are performed at a frequency or less than once per month, e.g., quarterly or semi- annually. Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating condition all City equipment the Contractor is responsible for maintaining. Recyclable Materials. Materials that normally have been or would be discarded and that may be reused after undergoing some type of physical or chemical processing. Recyclable materials do not include precious metal bearing scrap and those items that may be used again for their original purpose or function without any special processing. City of Santa Ana RFP 21-102 Page 14     City Council 20 – 18 10/17/2023 Routine Services. Services which are required on a regular basis within each billing period. These normally include services performed at a frequency or at least once per month, e.g., daily or weekly. Work Day. A normal duty day, Sunday through Saturday. 2. FREQUENCY Frequency of "daily" tasks shall be performed at the frequencies identified on Attachment 3-6: Fee Schedule. Contractor shall maintain a set schedule for providing the daily tasks. 3. PERSONNEL 3.1. Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation as specified in paragraph C.1.6 to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terns of the Agreement. The Project Foreman shall return all calls from the Director within two hours. 3.2. Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 3.3. Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 3.4. Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled. 3.5. Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 3.6. Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company City of Santa Ana RFP 21-102 Page 15     City Council 20 – 19 10/17/2023 identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 3.7. Director's Authority. The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 3.8. Subcontractors 3.8.1. Designation of Subcontractors. In accordance with the provisions of Section 4100 and subsequent section of the Government Code concerning the Subletting and Subcontracting Fair Practices Act, bids on public contracts and for all work except the construction, improvement, or repair of streets or highways and bridges shall include a listing of all subcontractors who will perform work or labor or render service to the prime contractor's total bid. This requirement for the listing of subcontractors also extends to that portion of sheet or highway work involving street lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by each such subcontractor, must be listed and only one such subcontractor shall be listed for each portion. 8.2. Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the bidder's total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written consent of the city: 3.8.2.1. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original bid. 8.2.2. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. 3.8.2.3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-half of one percent of the total bid and a subcontractor was not designated for the work in the original bid. City of Santa Ana RFP 21-102 Page 16     City Council 20 – 20 10/17/2023 4. HOURS OF OPERATION 4. L Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday through Saturday. 5. CONSERVATION OF UTILITIES The Contractor shall familiarize himself and require his employees to become familiar and comply with standard operating procedures that comply with conservation regulations. Compliance with Energy Conservation best practice includes: 5.1. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including electricity and water). 5.2. Using lights only in areas where work is actually being performed. 5.3. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. 5.4. Turning off water faucets or valves after required usage has been accomplished. 5.5. Complying with water bans imposed by local, state, or Federal agencies. 6. SAFETY. All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 6.1. Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing under this Agreement a safety orientation concerning the hazards and precautions of the job assigned upon starting work. The Contractor shall institute a continual training program to make employees aware of existing hazards and all new hazards relative to work performed under this Agreement. 6.2. Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety or health hazard to City or Contractor personnel or the general public, the Director may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess costs or damages to the Contractor. 6.3. Protective Equipment. The Contractor shall provide its employees with protection against safety and health hazards by furnishing them with all the protective equipment needed. Such equipment shall be approved for the use intended by the National Institute for Occupational Safety and Health or the American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of protective clothing or where protective equipment is necessary. 6.4. Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the City of Santa Ana RFP 21-102 Page 17     City Council 20 – 21 10/17/2023 performance of the contract at least one week prior to actual use. In addition, he shall maintain copies on -site and available for review by his employees and/or the City. 7. ENVIRONMENTAL PROTECTION The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the Environmental Protection and Enhancement Program. S. CONTRACTOR FURNISHED PROPERTY AND SERVICES 8.1. General. Contractor furnished property and services shall be compatible with existing City systems and equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all property and services not specifically identified in Section C.C.4.2 8.2. Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. 8.3. Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following. 8.3.1. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance and repair as specified in the Agreement. 8.4. Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance under the Agreement, including the following. 8.4.1. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth, etc. 8.4.2. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity of the water, etc. 8.4.3. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench stock, paint, degreasers, etc. for performance under the contract. 8.4.4. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance under the contract. 9. FAILURE TO PERFORM SATISFACTORY 9.1. City Inspection. The Director or his designated representative shall regularly inspect fountains all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. City of Santa Ana RFP 21-102 Page 18     City Council 20 – 22 10/17/2023 Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting the specifications during any such inspection. 9.2. Billing Adjustments. The Director may make a billing adjustment in monthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. 10. HAZARDS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reasonably mitigated then reported to the Parks, Recreation & Community Services Agency. 11. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing hirn of the nature of and the approximate duration of the restriction. 12. EMERGENCY SERVICE Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the City's call for emergency service. Response time shall be less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four hours per day, seven days per week. 13. VEHICLE PASSES The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. 14. 24-HOUR CONTACT INFORMATION The Contractor shall provide the Director with a telephone number at which a contact person for the Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and/or authority to take appropriate action in response to any emergency situation that may arise involving the contractor's responsibilities hereunder. 15. DAMAGES 15.1. Responsibility for Work. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 15.2. Property Damage. Any damage to City property that occurs shall be immediately reported to the Director. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the cost for necessary repair or replacements of the same shall be at the Contractor's expense. City of Santa Ana RFP 21-102 Page 19     City Council 20 – 23 10/17/2023 EXHIBIT B     City Council 20 – 24 10/17/2023 Service SI Cover Letter Service First proposes to provide Fountain Maintenance to the City of Santa Ana RFP NO.21- 102. The following proposal will demonstrate why The City of Santa Ana should choose Service First as the preferred contractor to provide these services. With over 35 years' experience and the majority of staff with 15+ years tenure, Service First has earned the reputation as Southern California's premier Commercial Fountain Service Company. Our proprietary techniques developed over the years have allowed us to provide excellent Fountain Service even in the most extreme environments. The majority of our customer base have been clients for numerous years and prove to be excellent references each time they are called upon. We pride ourselves on providing clean, clear, and safe pools and fountains for the patrons while providing balanced water to ensure the longevity of the pool and fountain equipment and vessel for the owner/operator. Thank you for the opportunity to bid RFP 21-102 Fountain Maintenance. Service First 2510 N Grand Ave st 110 Santa Ana Ca 92705 CA Corporation xi Robe ormus DATE 2510 R Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812     City Council 20 – 25 10/17/2023 an TABLE OF CONTENTS RFP 21-102 Fountain Maintenance City of Santa Ana 1. Firm and Team Experience............................................................. page 1 11. Listing of resources........................................................................ page 1 III. Schedule.......................................................................................... page 2 IV. Performance Outline/Exhibit A. ... __ ...... ............... .............. ....... page 3 V. Attachment 3-5 references............................................................page 4 VI. Fee Proposal.. .......................................................... ................. ...... page 5 VII. List of Subcontractors (attachment 1A).................................... page 6 VIII. BID BOND..........................................................................................page 7-10 IX. Certification Statements a. Attachment 3-1: Non —Collusion Affidavit ............................ page 11 b. Notary for 3-1: Non -Collusion Affidavit .................................. page 12 c. Attachment 3-2: Non -Lobbying Certification ........................ page 13 d. Attachment 3-3: Non -Discrimination Certification ...............page 14,15 e. Attachment 3-4: Agreement Statement ............................... page 16 2510 N. Grand Avenue, Suite 110. Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 . License #556812     City Council 20 – 26 10/17/2023 Service I w- s. CITY OF SANTA ANA RFP 21-102 FOUNTAIN MAINTENANCE I. FIRM AND TEAM EXPERIENCE a. Service First has been in business for 30 years. We have twenty-two (22) fully trained and equipped service technicians, four (4) fully trained and equipped repair technicians, and four (4) field supervisors. In Addition, our management team includes Field Director, General Manager, Account Managers, and Customer Service Reps. b. The Project Manager will be Bob Wonnus, bwormusCa service-1st.com-714- 788-4589 cell. 1. Project Manager- Bob Worm us 1. 29 years experience in aquatic industry (21 years with Service First) 2. CPO Certified/NSPF Instructor 92*10684 3. LA Technician#T5633 ii. General Manager- Rich Rohr 1. 26 years experience in aquatic industry( 19 years with Service First) 2. CPO Certified iii. Repair Supervisor -AI Conde 1. 34 years experience in aquatic industry (34 years with Service First) 2. CPO Certified 3. LA'Fech Certified T1144 iv. Route Supervisor/ Assigned Technician if awarded contract -Alberto Cervantes 1. 24 years experience( 24 years with Service First) 2. CPO Certified 3. LATechCertified It. Listing of Resources a. Service First understands the need and challenges of servicing the City of Santa Ana Civic Center Fountains. We have overcome severe conditions and provided excellent service under extreme conditions. If awarded the contract, Service First will be assigning Alberto Cervantes as the regular technician. Alberto Is currently in a supervisory role and understands all of the challenges associated with the Santa Ana Civic Center Fountains, He Is well versed in Chemical Controllers and will have each controller operational and maintained. Elias Rocha will be thejanitorial technician. Elias has been performing this service for several years now and will be directly supervised by Alberto Cervantes. We 2510 N. Grand Avenue, Suite 110 a Santa Ana, California 92705 a (714) 573-2200 • FAX (714) 573-2297 m License #556812     City Council 20 – 27 10/17/2023 Service utilize Portable Vacuums for cleaning and see attached exhibit A for explanation of services. We utilize all of our own equipment provide this service. III. SCHEDULE OF WORK a. Service will be performed on all fountains Monday Wednesday and Friday between the hours of 7;OOam-5:00pm with the following schedule: Monday: 2nd street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. Wednesday: 211 street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. Friday: 211 street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. 2510 N. Grand Avenue, Suite 110 • Santa Alin, California 92705 0 (714) 573-2200 • FAX (714) 573-2297 • License #556812     City Council 20 – 28 10/17/2023 Service SPECIFICATIONS TASKS PERFORMED AT EACH SCHEDULED VISIT PER BODY OF WATER I. Vacuum the bottom surface of each pool. 2. Skim debris from surface of each pool. 3. Clean all water line tiles as necessary. 4. Brush sides of each pool to remove dirt and debris as needed. 5. Remove accumulated debris from all pool skimmers and drains. 6. Remove accumulated debris from all pump strainers. 7. Backwash pool filters as necessary to maintain proper pressure differential 8. Refill all chemical feed equipment containers as necessary. 9. Maintain a clean and organized equipment room. 10. Check and record the following in the supplied commercial log book: a. Free chlorine b. pH level c. Flow rate d. Influent Pressure e. Effluent Pressure f. Pool Temperature g. Chemicals Added h. Services Performed 11. Check for safety hazards and conditions in and around the pool area. 3 2510 N. Grand Avenue, Suite 110 0 Santa Ana, California 92705 a (714) 573-2200 • PAX (7 t 4) 573-2297 + License k556812     City Council 20 – 29 10/17/2023 ATTACHMENT 3-5: REFERENCES — CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RFP NO.: 21-102 List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services includedd in the scope of the proposal specifications. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference CustomerName: C 1.._.___ Off' E%4e4S4q contact Individual: $'i/4/A4 '0%4%AW44, Address: ri%i1 1 wq 307` Phone Number:_01S1^5 KaVGffarefeyNumber: 15ywh Contract. Amount: D L/ Year: _°sib ... ... - Description of supplies, equipment, or services provided: g 4f Sp ,M" o l S-We C i) dYMLWe Wm'i0\ l bI%L-5 i.{ Ant Lank..- ur ib. VIA Reference Customer Name:_ I } oraactIndividual: P601-4tdt11 Address:ATL4Uf \+ LO V ._.._-- rPho, ne Number; j- Number: __, 98OY1\wLi `.rllris$ a 17C Contract Amoun Year:... t Description of'supplies, equi ",cut, or services provided: Reference Customer Name;_ Contact Individual: Soo— Tr`3_._.__. Address:.l 6s:' -IwA Phon:Number:-SlaPi" L4 006 - rW0=e' cNumber:. \ SO -If a Contract Amount: ..{ - Year: e 4 rg PC LAC'- A' . q0V Description of supplies, equipment, or services provided: p e v?6.a Page 34     City Council 20 – 30 10/17/2023 M Q re O A nji a i h VN1 VN1 4N'1 kn VN't a y y W M M M M M M dIW U s 1 m 0 ro 5 0 b b C/3 0 q O F! O N N CIO k: Yk k q o N N Al N N q Cd Cd N s° a n, a w can iv H NN M4 CFO tC p m 010 E O OMO W tiri 0 0 C N co, 0 rop M y o uU 3 u • N v .y ti U YO W R o 0 H p, a Q N U rA on NOq• t00, q Nram+ N a     City Council 20 – 31 10/17/2023 k I f.4b.,VT- ptc t- WbVL, Appendix ATTACHMENT 1A LIST OF SUBCONTRACTORS pot be, eon 4v4z4- tv ULy.,of -Santi-Ana-RFP 21-102 Page 20    City Council 20 – 32 10/17/2023 AIA Document A310 - Electronic Format Bid Bond # OCDI00066 KNOW ALI. MEN BY THESE PRESENTS, that we Service [First Contractors Network dba Service First 2510 N. Grand Avenue, Ste.110 Santa Ana, CA 92705 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 a corporation duly organized tinder the laws of the State of N.H as Surety, hercinattor called the Surety, are held and fierilyboundinto City of Santa Ana 20 Civic Center Plaza, Room 429 Santa Ana, CA 92702 as Obligeo, hereinafter called the Obligee, in the sum of Not to exceed five percent of the bid amount****(not to exceed 5.00% of the bid amount) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, oar heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fountain Maintenance; REP No.21402 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obliges in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to die Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of September, 2021, THIS DOCUMENT HAS IMPORTANT LEGAL. CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 00400-1     City Council 20 – 33 10/17/2023 Service First Contractors Network dba Service First By — ...._......---- c — By     City Council 20 – 34 10/17/2023 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 Sacramento On Z?,l before me, E. Johnson Notary Public, Date Insert Name of Notary exactly as it appears on the offlcial Seal personally appeared Sandra R. Black ame(s) of Signer s OSt7N e, COMR 12370061 .M NOtARY pUVUC aCAWORNU SACRAMENTO COUNTY'°' Camm. Ex . OC7.22 2C23 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capecity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official eaI Signature _ Place Notary Seal Above signature of Notary ublic OPTIONAL ---. Though the information below is not required by law it may prove valuable to persons relying on the documentandcouldpreventfraudulentremovalandreattachmentoftheformtoanotherdocument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sandra R. Black Individual Corporate Officer—Title(s): Partner Limited El General I Attorney in Fact Trustee L7 Guardian or Conservator Other: Signer is Representing: Libgr(y Mutual insurance CgirripaLyfrhe Ohio Casualty Insurance Company Number of Pages: Signer's Name: Individual Corporate Officer—Title(s): _ Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing:     City Council 20 – 35 10/17/2023 This Power of Attorney limb the acts of those named heroin, and they have no authority to y bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company IYS.tualm The Ohio Casualty Insurance Company Cordficate No: 8202639-396006 SURETY West American Insurance Company E+ , eIU KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the have of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of Me State of Indiana(hemm collectively called the"Oompanies°), pursuant to and by authority herein set faith, does hereby name, connate and appoint, Sandra R. Bieck, Sokha K. Evans execute, seal, acknowledge and dellver, fa and rib its behalf es surety and as its actand dead, any and all undertakings, bonds, recogrizances and other surety obligations, In pursuance of these presents and shell be as binding upon the Companies as 9 they have been duly signed by the president and arrested by the secretary of the Companies In their own proper pomons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or oHidal of the Companies and the corporate seals of the Companies have been affixed Memtothls 6th day of November—, 2019 . Wberty Mumat Insurance Company 0(90 PA„KY INep P 1NSUy.The Ohio Casualty Insurance Company SaPoa{'p payoryr yClnWest American Insurance Company y 1919 , 1981 0//' V6rrAMP9'$ bYs yN9 At1P a { din ` b By: David M. Carey. Assistant Secretery of PENNSYLVANIA yofMONTGOMERY as a 6th dayof November , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Seostary of Liberty Mutual any,7W Ohio Casualty Company, aindWe_d American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the h contained by signing on behalf afthe Corporations by himself as a duly authorized officer. d v IN WITNESS WHEREOF, I have hereuntosubscnbod my name and affixed my notarial seal at king of Prussia, Pennsylvania, on the day and year first above wi thorn jc 4 W4Q.'eN rR COMMDNWaALTH OF PENNSYLVAN(A 1,101001 SOWQy` CP Teresa peslelis,NMaryPublic p«f In MadontWp„Montgomery County By: My Commbalon ErzMrns March 2B, 2021 q> 4v o Teresa Pastella, Notary Public —- 4) P Ma ,6nr,P ryeNxAc aibnofhlo4 na This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorization of The Ohio Casualty Insurance Company, Liberty Mutual a c Insurance Company, and WestAmadcan Insurance Company which resolutions are now In full force and effect reading as follows: di ARTICLE IV—OFFICERS:Section 12.PowerofAttomay. Q Any of cer or other official of me Corporation authorized for that purpose In writing by the Chalnnan or the President, and subject to such limitation as She Chairman or me President may prescribe, shall appoint such anomeWn-fach as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and delver as surety r any and all undeNektngs, bonds, recognbrances and other surety obligations. Such aaomeys4n-fact, subject to the iimltaffons set form In their respective powers of attorney, shall c have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such Z 3 instruments shag be as binding as If signed by the President and allested to by the secretary. Any power or authority granted to any representative or oromey,10aot under the pmvistons of this adlde may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or aumody. ARTICLEAJI —Execution of Contracts: Section 6. Surety Bonds and Undertakings, Any officer of me Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such otmmeys-In-fact, as may be necessary to Oct in behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bolds, recognizanras and other surety obggefons. Such ahofneystmtaut subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation —The president of the Company, acting pursuant to the Bylaws of the Company, aumoflzes David M. Carey, Assistant Secretary to appoint such altomeys-ln- fact as may be necessary to act on behalf of the Company to make, exeaula, seal, acknowledge and deliver as surety any and all undertakings, bonds, racogn¢ances and other surety obligations. Authorization —By unanimous consent of the Companys Board of Directors, the Company copse to that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a caffled Copy of any power of attorney issued by the Company In connection with surety bonds, shag be valid and binding upon the Company with the some force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cefily.thertho odglnal power of afforeey of which Ore foregoing Is a full, true -and coraatcopy of the Power of Attorney executed by said Companies, is in full force and effori has not bean revoked. gINTESTIMONYWHEREOF,Ihave hereuntoset myhand and ai6xedthe seals ofsaldCompanies this `1 days 7- y INSV,rp YaYY INgUd INS(ry P paAeA,y o . _L 1812 1919 1991nY's Mal* peGaya yenea C. Llewally Assistant Secretary _.. LMe-12879LMI0 OCIC WAIC We C0_062010     City Council 20 – 36 10/17/2023 APPENDIX ATTACHMENTATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN NIAINTF,NANCE RFP NO.: 21-102 NON-COLLt1SIQNAF IDAVI'1' title 23 United States Codc Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA PARRS, RECREATION AND COMMUNITY SERVICES AGENCY In accordance with Title 23 United States Code Section 112 and. Public Contract Code 7106 the BIDDFR 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 BiDDFR to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element or 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 od*adbid. Note: The above Non-e sion Affidavit is part or the Proposal. Signing this Proposal on the signature portion thereof shall also constitute si lure of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the cent • to criminal prosecution. Signed This form must be signed above This form must also be notarized for Public Works contract,& State of California County of_)A__._ dr+ *I-'r4V 're %% Subscribed and sworn to (or affirmed) before me on this ` day of , 20_, by _ proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seat rr Gity-of-Santa-Ane RFR21-102 Page 29     City Council 20 – 37 10/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other off [car 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 j / Counttyr of On -&PV :V,L'Its&— 202t before me, _hC1 Date J Here Insert Name and Title of the Officer personally appeared /C ®!?t[ JA2 /F-MUs Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. KATRINA ER (E{P Notarypu4III( iforniat Orange County k Commission'# 2296618 MY Comm. Expires Jul 12, 20z3U". Place Notary Seol and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNES4SIgniRty lSignatUr Pub/lc Yv 11 V 11H6 Completing this Information con 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 ofPages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Corporate Officer - Title(s): _ Partner- Limited General Individual o Attorney In Fact Trustee Guardian or Conservator Other: Signer is Representing: O2018 National Notary Association Signer's Name: CI Corporate Officer - Title(s): _—_ _ 11 Partner- Limited General Individual O Attorney in Fact Trustee Guardian or Conservator O Other: Signer is Representing: _ 12,     City Council 20 – 38 10/17/2023 APi NDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR F"OUNTAIN MAINTENANCE. RFP NO.: 21-102 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that! I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of x Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding ofany federal contract, the making of any federal grant, the making of any federal loan, the Mitering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, qu officer or employee of Congress, or an employee of it Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that Ile or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: /& Uj0,j yV%.C. Title Date Page 30     City Council 20 – 39 10/17/2023 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS I CITY ON SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-1.02 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during ernployment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such riles, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1.1246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or it,,; otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the City of Santa -Ana RFP 21-102 _ Page 31 11     City Council 20 – 40 10/17/2023 provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsuitant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, p y ' 'al handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, a consultant ofpublic works violating this Section is subject to all the penalties imposed for a violation of the Ater. Signed: Title: Finn: jA Date: ____.___,._ city of Santa Ana- RFP 21-t02 _ Page 32     City Council 20 – 41 10/17/2023 APPENDIX --_ ATTACHMENT 3-4: AGREEMENT STATEMENT CITY OF SANTA ANA RI?QUES'T FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-102 Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty 30) days after being notified of selection under this :RFP, the CITY reserves the tight to select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate. PROPOSER concurs to the statements in the standard agreement, with the exception of the following; Firm S'.: 1G' `C ItPl+ Signed and Printed Name: Title Date 2 rtity-nf-- Anla Ann PPP ?.9_1 r19 Page 33     City Council 20 – 42 10/17/2023 EXHIBIT C     City Council 20 – 43 10/17/2023 I ATTACHMENT 3-6: FEE SCHEDULE I CITY OF SANTA ANA REQUESTFOR PROPOSALS FOR RFP NO.: 21-102 Vountain Location Co -Pr FPer Weeks Per Cost I Sol - Week times Year y j To FlazaofthoFountain #1 North of Spate F3uilding y Ot $3 3 52 Woeks Plaza of the Fountain #2 Last of Law Library pl 0S 3 Times 52 Weeks jr I r 80 `ls Plaza of the Fountain #3 South of Law Library 3 Times 52 Weeks p, Jllazy of the Sun Fountain BeUveeu Crty llal] and Main Library b g3 3 1 ones 52 Weeks fasseer Park Fountain Corner of Santa Aua Blvd. and Broadway, 8i 3 [ imes 52 Woeks 2,id Street Moll Fotmtain Between Sycamore St. and Broadway F e4 e4, = 1 "Fine 35 Weeks A, 54 g , o Jan -Aug) 2Times 17Weeks 11s06% IransportationCenier ants Ana Regional Civic Cetrter Drive and Santiago Street S7 2'fimes SSept-DecL_ 52 Weeks s.. Cor i"" ii fication - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope ol'Serrvices and ant amiliar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree tha I am responsible for reporting any errors, omissions m discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Fee must be inclusive of all costs, including but not limited to, direct slid indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to all time to award an agreement. Pricing information for each site and each service shoold be as accurate as possible. Based on funding availit rec act the frequency from the scope of work without affecting pricing for other sites and/or service. arc—..__.._._....... atmu5 _.---. edNamentAu nod Agcrnt fill• 7+`3-.[---._._......._._..------ Sig! ne • fAll on .W Agri Dull-- Legbl None of S't 11G t A,N Phone and Pax Nunrhon nus ow Address Pe a IDnumber( itappilcable) Contractor License Number(ifapplicable) hiiity, the City may remove a site or Y-11-73— 2i~11 12     City Council 20 – 44 10/17/2023 FIRST AMENDMENTTO }-OUNTAIN NIAIN'I'ENANCE AND REPAIR SERVICBS AGREEMENT WIT'H SEITVICE FIRST FOUNTAINS THIS FIRST AMENDMENT TO AGR[1[1MI]NT' is entered into this 17'hclay of October 2O23,by and between Service First Fountains ("Consultant"), ancl thc City ol'Santa Alra, a charter city and municipal corporation duly organized and existing underr thc Cblrstitr.rtion altcl laws of the Statc of California ("City"). .rjurCILALs. A. On November 16, 2021, the C-'ity entcred into Agreement # A-2021-218 with Clonsultant to provide fountain mainteuauce and repair services and related matters. B. In accordance with the ternrs ancl conclitions o1'the Agreernent, the parties desire to arnend 1he compensation and increase thc term. THE PARTIES THEREF'ORE AGREItr: 1. Section 2, COMPENSATION, shall be arnenclecl to increase the annual cornpensation by $50,000, including the current year, lirr a new annual arnount not to exceed $166,170 tbr the remaining terrn. This sum is conrplisccl of (l) thc basc amount o1'$13tt,475; and (2) a twenty percent (20%) contingency irr the anrount o1'$27,69-5 lbr aclclitional servioes to be exercised at City's sole discretion. 2. Section 3, TERM, shall be atnerrdecl to extencl the tenl of saicl Agreernent lbr an additional tu,o (2) year period unril Decernber 31,2025. Except as hereinabovc modificd, tltc tcrrns ancl conclitions of saicl Agreement remain unchangcd and in full force and effect. IN WITNESS WHEREOF, the ltartir-s ltereto lrave executed this liirst Anrendrnent to the Agreement the date and year first above writtcn. r\-l"l'ES'1':(]I'I'Y OF'SAN] A ANA .I}..NNIF'HR L. HAI-L City Clerk I(RISI'INE RIDGE Clity Manager lSi gn ctl u re,s co u ti n u c d r t t r th a./ b I I o win g pa gel I']age I of2 EXHIBIT 2     City Council 20 – 45 10/17/2023 API'ROVED AS TO I.-OIIM: Sonia R. Clarvalho, City Attorney r- fl#"d, By: JOSE MONTOYA Assistant City Attorncy RECOMMENDED FOR APPROVAL: Nabil Saba. P.E. Executive Director ol' Public Works Agcncy fli.-[F(K bvc\er?ee""1"7 CONSIJT,TANT "d*"*- Page 2 of 2    City Council 20 – 46 10/17/2023 Public Works Agency www.santa-ana.org/public-works Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Site License and Lease Agreements with Pacific Coast Shuttles, LLC AGENDA TITLE Approve an Appropriation Adjustment and Award Site License and Lease Agreements to Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc., for Bus Passenger Services at the Santa Ana Regional Transportation Center RECOMMENDED ACTION 1. Authorize the City Manager to execute a site license agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $2,500 per month for the rental of one bus bay for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute a site lease agreement with Pacific Coast Shuttles, LLC, DBA Futura Bus Net, Inc. to compensate the City $1,500 per month for ticket counter office space for bus passenger services at the Santa Ana Regional Transportation Center, for a six-month term beginning November 1, 2023, and ending April 30, 2024, with the option of four consecutive, one-year renewal periods exercisable by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 3. Approve an appropriation adjustment recognizing Fiscal Year 2023-24 lease income in the amount of $24,000 into the Public Works Agency – Santa Ana Regional Transportation Center Operations, Rental Pacific Coast Shuttle revenue account and appropriating the same amount to the Public Works Agency- Santa Ana Regional Transportation Center Operations, Contract Services-Professional expenditure account. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES:Yes     City Council 21 – 1 10/17/2023 Site License and Lease Agreements with Pacific Coast Shuttles, LLC October 17, 2023 Page 2 3 7 8 1 DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), and interstate bus services. It is open to the public seven days a week from 5:00 a.m. to midnight. The facility contains approximately 35,000 square feet of total rental space, including 10 bus bays, of which five are available, four are licensed to OCTA, and one is licensed to Greyhound Lines, Inc. Pacific Coast Shuttles, LLC, has approached the City interested in licensing a bus bay and leasing ticket counter office space to provide interstate bus services (Exhibit 1). Currently, Greyhound is the only interstate bus service provider servicing SARTC. Earlier this year Greyhound transitioned to only online ticketing sales and elected to terminate the lease for their ticket counter at SARTC. Pacific Coast Shuttles would be providing a needed service at SARTC by having a staffed ticket counter office. Staff recommends entering into a lease and license agreement with Pacific Coast Shuttles, LLC, to license one bus bay and lease ticket counter office space for a six- month period, with four one-year renewal options (Exhibit 2). FISCAL IMPACT With the approval of the requested appropriation adjustment, lease income of $4,000 per month for a total lease income of $24,000 for Fiscal Year 2023-24, will be recognized into the Public Works Agency-SARTC Operations, Rental-Pacific Coast Shuttles revenue account (No. 06717002-53829) and appropriated into the Public Works Agency-SARTC Operations, Contract Services-Professional expenditure account (No. 06717650-62300) for expenditure in Fiscal Year 2023-24. Fiscal Year Accounting Unit-Account No. Fund Description Accounting Unit- Account No. Description Amount APPROPRIATION ADJUSTMENT FY 23-24 06717650- 62300 Regional Transportation Center PWA-SARTC Operations – Contract Services-Professional $24,000 TOTAL $24,000 EXHIBIT(S) 1. Site License Agreement – Pacific Coast Shuttles, LLC. 2. Site Lease Agreement – Pacific Coast Shuttles, LLC. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 21 – 2 10/17/2023 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA PACIFIC COAST SHUTTLES, LLC DBA FUTURA BUS NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Pacific Coast Shuttles, LLC, a California limited liability company dba Futura Bus Net, Inc., a California Corporation (Referred to as "Licensee") is dated as of October 17, 2023 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A.Licensee is a provider of interstate bus transportation services throughout the Western United States as well as international travel to various destinations throughout Mexico. B.Licensee previously subm itted a proposal to the City's Request for Proposal No. 20-032 ("Proposal"). City will incorporate the information from this Proposal for this License Agreement. The terms and conditions of this License Agreement shall supersede any costs, details, or other information in the attached exhibits and Proposal which may conflict with this License Agre ement. C.Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SAR TC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1.TERMS I.I Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SAR TC). Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the non-exclusive use of and access to one(!) bus bay at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees ( defined below). -THE BUS BAY SUBJECT TO THIS LICENSE IS BUS BAY #8 ("License Area"). See Exhibit A for description of License Area. The parties understand that the City may unilaterally reassign the License for Bus Bay #8 to another bus bay in the future upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. 1.2 Term, Grant of License, Terms of License, Term. City hereby grants to Licensee a non- exclusive license ("License"), during the term of this Agreement, for vehicular and ped estrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. THIS AGREEMENT IS INTENDED AND SHALL BE CON STRUED ONLY AS A REVOCABLE LICENSE TO USE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR EXHIBIT 1     City Council 21 – 3 10/17/2023     City Council 21 – 4 10/17/2023     City Council 21 – 5 10/17/2023     City Council 21 – 6 10/17/2023     City Council 21 – 7 10/17/2023     City Council 21 – 8 10/17/2023     City Council 21 – 9 10/17/2023     City Council 21 – 10 10/17/2023     City Council 21 – 11 10/17/2023     City Council 21 – 12 10/17/2023     City Council 21 – 13 10/17/2023     City Council 21 – 14 10/17/2023     City Council 21 – 15 10/17/2023     City Council 21 – 16 10/17/2023     City Council 21 – 17 10/17/2023     City Council 21 – 18 10/17/2023     City Council 21 – 19 10/17/2023     City Council 21 – 20 10/17/2023     City Council 21 – 21 10/17/2023 EXHIBIT 2     City Council 21 – 22 10/17/2023     City Council 21 – 23 10/17/2023     City Council 21 – 24 10/17/2023     City Council 21 – 25 10/17/2023     City Council 21 – 26 10/17/2023     City Council 21 – 27 10/17/2023     City Council 21 – 28 10/17/2023     City Council 21 – 29 10/17/2023     City Council 21 – 30 10/17/2023     City Council 21 – 31 10/17/2023     City Council 21 – 32 10/17/2023     City Council 21 – 33 10/17/2023     City Council 21 – 34 10/17/2023     City Council 21 – 35 10/17/2023     City Council 21 – 36 10/17/2023 Finance and Management Services https://www.santa-ana.org/finance Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Amendment to the Current Fiscal Year 2023-2024 Annual Budget to Add Full- Time Positions AGENDA TITLE Adopt a Resolution to Add Positions in the City Attorney’s Office and the Public Works Agency RECOMMENDED ACTION Adopt a resolution that amends the Fiscal Year 2023-24 Annual Budget to add one (1) position in the City Attorney’s Office and two (2) positions in the Public Works Agency, which increases the total authorized headcount from 1,395 to 1,398. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023-2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY’S OFFICE AND PUBLIC WORKS AGENCY GOVERNMENT CODE §84308 APPLIES:No DISCUSSION City Attorney’s Office- Management Analyst- Police Oversight Commission (Excepted) (UC) The City Attorney is requesting to add a Management Analyst position to support the Police Oversight Commission. The City Manager’s Office worked with staff from the City Attorney’s Office and Human Resources to create this position. This position was fully budgeted in the FY2023-24 annual budget. Since this position was funded late in the budget development process there was not enough time to add the headcount prior to budget adoption. This is merely a housekeeping adjustment to formally add the headcount so the position can be posted for recruitment. Public Works Agency- Corporate Yard Maintenance Attendant The Executive Director of the Public Works Agency is requesting to add a Corporate Yard Maintenance Attendant position. The City Yard is home to the Medium Volume Transfer and Processing Facility, where all public works operations dispose their waste. This is a permitted area that requires monthly inspections by the Orange County Healthcare     City Council 22 – 1 10/17/2023 Amendment to the Current Fiscal Year 2023-2024 Annual Budget to Add Full-Time Positions October 17, 2023 Page 2 3 7 8 9 Agency on behalf of the State of California to ensure that all waste is properly managed in compliance with permit requirements. Currently, this permit area has only one full-time position funded by the Refuse Enterprise. While there are two part-time positions, there is no part-time coverage on Wednesdays, leaving this area understaffed. A second full- time position is needed to share in the management and maintenance of the permit area. As with the other full-time position, this position will also provide general support to the other City Yard operations and maintenance. The Refuse Enterprise Budget has the capacity to absorb this additional expense in the current fiscal year. Public Works Agency- Public Works Projects Manager The Santa Ana Navigation Center opened in June 2022 as a 24-hour homeless shelter that services men, women, and families with minor aged children. The center offers beds, bathrooms, a commercial kitchen, playroom, and more that requires oversight of preventative and routine maintenance, repair, and other facility enhancement projects. A position is needed to provide the necessary oversight of these Navigation Center tasks and other various special projects. In addition to managing tenant improvements and the build out of the 2nd floor at the Navigation Center, this position will be responsible for project management of: •WORK Center tenant improvement allowance •The Community Development Agency’s office space improvements included in the 2023-24 budget •Improvements required at the State Building •Physical studies related to parking garages and facilities throughout the City The Community Development Agency will fund 80% of this position with grant funds and Public Works will fund the remaining 20% through the General Fund. For FY2023-24, this position will be absorbed within the existing budget due to salary and other savings. FY2024-25 estimated fiscal impact is $29,832. FISCAL IMPACT There is no current year fiscal impact since all positions will be absorbed within each respective department’s existing budget due to vacancies and other cost savings. Future annual fiscal impact is as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount General Fund: FY24-25 01117651-61XXX General Fund Parks Maintenance Service Enhancement Salaries, Regular $29,832     City Council 22 – 2 10/17/2023 Amendment to the Current Fiscal Year 2023-2024 Annual Budget to Add Full-Time Positions October 17, 2023 Page 3 3 7 8 9 All Other Funds: FY24-25 06917640-61XXX Refuse Enterprise Refuse Collection Service, Salaries Regular $82,680 FY24-25 12218716-61XXX HHAP-2 Grant HHAP-2, Salaries, Regular $119,328 EXHIBIT(S) 1. Budget Resolution 2023-XXX Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Steven A. Mendoza, Assistant City Manager     City Council 22 – 3 10/17/2023 Resolution 2023-XXX Page 1 of 3 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2023- 2024 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE CITY ATTORNEY’S OFFICE AND PUBLIC WORKS AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. On June 20, 2023, the City Council passed and adopted Ordinance No. NS- 3043, establishing the City’s Budget for Fiscal Year 2023-2024 and authorizing position allocations for Fiscal Year 2023-2024. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On September 19, 2023, the City Council approved an appropriation adjustment to carryover unspent amounts from Fiscal Year 2022-23 to Fiscal Year 2023-24. C. The City Attorney requests to amend the Fiscal Year 2023-2024 budget to add the one (1) full-time Management Analyst-Police Oversight Commission position. D. The Executive Director of the Public Works Agency requests to amend the Fiscal Year 2023-2024 budget to add one (1) Public Works Projects Manager and one (1) Corporate Yard Maintenance Attendant. E. It is now desired to amend the Fiscal Year 2023-2024 budget, as amended in order to effect this change, as shown below. Section 2: The City’s Annual budget for Fiscal Year 2023-2024, as amended, is hereby further amended to add the following position in the City Attorney’s Office, at the monthly six-step range as indicated: 6-Step Salary Rate Range Effective October 17, 2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum-Maximum Management Analyst- Police Oversight Commission 1 668 $6,936 - $8,854     City Council 22 – 4 10/17/2023 Resolution 2023-XXX Page 2 of 3 Section 4: The City’s Annual budget for Fiscal Year 2023-2024, as amended, is hereby further amended to add the following positions in the Public Works Agency, at the monthly seven-step range as indicated: 7-Step Salary Rate Range Effective October 17, 2023 Classification Title Number of Positions Added SSR Monthly Salary Minimum-Maximum Corporate Yard Maintenance Attendant 1 588 $3,786-$5,078 Public Works Projects Manager 1 747 $8,229-$11,039 Section 3: All classification salary rate ranges are set forth in the City's "Salary Schedule" as periodically updated. Section 4: That except as amended by this resolution, all other provisions of the Annual Budget for the Fiscal Year 2023-2024, as amended, shall remain in full force and effect. Section 5: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 17th day of October 2023. ___________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: __________________ Laura A. Rossini Chief Assistant City Attorney     City Council 22 – 5 10/17/2023 Resolution 2023-XXX Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023- XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on October 17, 2023. Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana     City Council 22 – 6 10/17/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street) AGENDA TITLE Density Bonus Agreement No. 2023-01 to facilitate the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households. RECOMMENDED ACTION 1. Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA APPROVING THE DENSITY BONUS AGREEMENT NO. 2023- 01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) 2. Authorize the City Manager to execute a Density Bonus Agreement with Unison Real Estate Group, LLC, for a 55-year term, for a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very low-income households, at 1212 E. Fourth Street, subject to non-substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES:Yes EXECUTIVE SUMMARY Oscar Uranga (applicant), on behalf of Unison Real Estate Group, LLC (property owner), is requesting approval of density bonus agreement (DBA) No. 2023-01 to allow the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very-low income households earning less than 50- percent of the area median income (AMI), on a vacant site located at 1212 E. Fourth Street. As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning     City Council 23 – 1 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 2 3 7 2 3 Commission and City Council for a density bonus to allow up to 52.26 dwelling units per acre (du/ac). The request satisfies the purpose and intent of the Transit Zoning Code (TZC) to promote a pedestrian-oriented environment with a mix of land uses and to provide additional affordable housing stock to an underserved segment of the region’s population. As a result, staff recommends approval of the DBA.     City Council 23 – 2 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 3 3 7 2 3 Planning Commission Action On August 28, 2023, the Planning Commission held a public hearing for the project and voted (5-2-0) to recommend that the City Council approve Density Bonus Agreement No. 2023-01 with conditions. Following this vote, the item requires City Council approval of the density bonus agreement. DISCUSSION Table 1: Project and Location Information Project Description The project includes the construction of a new four-story residential building with flats/apartments consisting of fifteen apartment units, 591 square feet of open space, seventeen parking spaces, and onsite bicycle storage. The residential development will include six studio units, five one-bedroom plus office units, one one-bedroom unit, and three two-bedroom units. Each of the fifteen units will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas, and nine would include private decks. Of the total units in the development, one unit is proposed to be affordable to households earning less than 50-percent of the area median income (AMI), which is currently set at $71,750, adjusted for a four-person household size, as published by California Department of Housing and Community Development (HCD). The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from, the existing neighborhood. The contemporary architectural style would include cement board shiplap siding, brick veneer, stucco finishes, vinyl frame windows, metal railings for proposed decks, metal awnings, and high quality architectural detailing. The project would also incorporate a series of art murals Item Information Project Address and Council Ward 1212 E. Fourth Street – Ward 6 Nearest Intersection East Fourth Street and North Grand Avenue General Plan Designation Urban Neighborhood-Medium (UN-40) Zoning Designation Corridor (CDR) district within the Transit Zoning Code (SD- 84) North Commercial East Vacant South Single-family residential Surrounding Land Uses West Commercial Property Size 0.287-acres (12,500 square feet) Existing Site Development The site is currently vacant and unimproved. Use Permissions Multi-Family Residential (permitted under Corridor district within the Transit Zoning Code) Uses Article XVI.I (Density Bonus); CDR, Table 2A – Use StandardsZoning Code Sections Affected Development Standards CDR, Section 41-2013; Section 41-2020; Section 41-2024     City Council 23 – 3 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 4 3 7 2 3 along the east and west elevations. Moreover, the structure is designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime. Density Bonus Agreement The California Density Bonus (Government Code § 65915 et seq.) law allows developers proposing five or more residential units to seek increases in base density for providing on- site housing units in exchange for providing affordable units on site. To help incentivize constructing on-site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, and up to three incentives/concessions and an unlimited number of waivers that facilitate production of units, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 40 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 0.287-acre site at 40 du/ac is 12 units. Of the total units in the development, one units is proposed to be affordable. Therefore, the project would provide eight percent (8%) of the base units for very low income households. As such, State density bonus law allows the developer to request a maximum density bonus of 27.5 percent. This would allow a project with a total of 16 units, but the applicant is proposing to develop only fifteen units on the site. Due to the project’s eight-percent affordability rate, under Government Code section 65915, the developer can seek one density bonus concession and unlimited waivers. Table 2: Density Bonus Calculation Affordable Unit – 8% (1 unit)*Density Bonus Calculation Units Allowed Base Density - Flex Block Housing type (most “intense” type allowed in CDR)0.287 acres x 40 du/ac 12 Units** 27.5-Percent State Density Bonus (12 units x 0.275)+4 Units** Total Potential Units 16 Units Proposed Units 15 Units *Affordable unit percentage is calculated excluding units added by a density bonus. **AB 2501 states that any density calculations resulting units shall be rounded up to the next whole number. Applies to: Number of affordable units required to be eligible for the density bonus; Base density (i.e. the number of affordable units in the base project); and Eligible bonus units.     City Council 23 – 4 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 5 3 7 2 3 The purpose of the State’s Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the increased density required by the Density Bonus Law. Pursuant to Government Code § 65915 (d)(1), a requested concession or incentive shall be granted unless the City makes written findings, based on substantial evidence of any of the following: (1) the concession or incentive does not result in identifiable and actual cost reductions to provide the proposed affordable housing, (2) the concession or incentive would have a specific, adverse impact on public health and safety, or on any real property listed on the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the project unaffordable to low-income and moderate-income households, or (3) the concession or incentive would be contrary to state or federal law. The Density Bonus Law also constrains the ability to deny requested waivers. Subject to exceptions for projects that receive a waiver from controls on maximum density, Government Code § 65915 (e)(1) provides that the City cannot apply any development standard that would physically preclude the construction of a development entitled to a density bonus at the increased density or with the concessions or incentives, unless the City makes findings that the waiver would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project’s potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant. Table 3: Requested Incentives/Concessions TZC Standard Requirement Provided Mixed-Use Requirement •Multi-family dwellings permitted only on second or upper floors, or behind retail or service ground floor use. TZC, Table 2A. Use Standards •No ground floor retail or service uses provided for this project. •Multi-family dwelling proposed on the ground floor, street facing (not behind retail or service ground floor use) – Requires Concession (1 of 1), Cal. Gov’t Code Sec. 65915 (d)(1) Maximum Height •Maximum height in Corridor (CDR) land use district is three stories Section 41-2013 - Table CDR-1 The project proposes a building height of four stories (58 feet and 9 inches) – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1)     City Council 23 – 5 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 6 3 7 2 3 TZC Standard Requirement Provided Building Size and Massing Standards – Maximum Ratio for each Flex Block story The second through fourth floor can only be 85-percent of the ground floor volume/gross floor area (cannot exceed 3,309 square feet). Section 41-2022 (i)(5) - Table BT-4 The second through fourth floor exceed the allowable ratio and are 97.9-percent of the ground floor’s volume (proposed 3,811 square feet). – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1) Open Space Standards •Common open space to be designed as a courtyard, or in the front as a forecourt – •required to be 15-percent of the lot (1,875 square feet required). •Private open space required for each residential unit, not less than 50 square feet with a minimum of 6 feet in each direction (700 square feet of private open space required). Section 41-2022 (f) •No common open space in the form of a courtyard, or in the front as a forecourt, is provided •433 square feet of common interior space provided in the form of lobby space (approximately 3.5- percent of lot) •591 square feet of private open space will be provided in the form of private decks for nine (9) Units. – Requires Waiver (1 of 1), Cal. Gov’t Code Sec. 65915 (e)(1) Landscaping Standards •All setbacks, yards, and shared common open spaces are required to be landscaped. •A landscape buffer of not less than five feet required to be provided to separate parking lot from an adjacent property •Surface parking lots required to be landscaped per City’s commercial area standards, which require full- size landscape planters for every ten parking spaces. Section 41-2020 (6) •A landscape buffer of 2 feet is proposed along the western property lines, 3 feet less than required •Partial and diamond-shaped tree planters are provided in the surface parking lot – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1) Onsite Parking In addition, the site is parked in compliance with California Government Code 65915 (p)(1)(A) and 65915 (p)(1)(B) and provides 17 total surface parking spaces or 1.1 spaces per unit. The California Density Bonus Law allows a parking ratio of one (1) stall for studio or one-bedroom units, and one and one-half (1.5) stalls for two-bedroom units, inclusive of handicapped and guest parking. Analysis of the Issues Pursuant to Section 41-1607 of the SAMC, because the applicant requested “deviations” (incentives/concessions and waivers), it was subject to review and approval by the Planning Commission. The Planning Commission approved the application with following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.     City Council 23 – 6 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 7 3 7 2 3 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. Because the project does not exceed four stories in height, the project does not require a Site Plan Review Application pursuant to Table 2A (Use Standards) as part of the Transit Zoning Code (TZC). Accordingly, the Planning Commission’s review and determination for this request was limited to the provisions of the Density Bonus Agreement application only. Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (4) Standard Analysis Mixed-Use Requirement Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi- family dwellings are a permitted use in the Corridor (CDR) district, but only on second or upper floors, or behind retail or service ground floor use. Pursuant to Government Code Section 65915 (k)(1), a concession may be sought by the applicant not only to modify or eliminate a development standard but also to modify “zoning code requirements.” In this case, the requirement for ground floor commercial is a zoning code requirement. Strict adherence to this requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. Moreover, the ground floor commercial requirement is subordinate in function to the primary zoning classification of Multi-Family Dwellings within the CDR district. Lastly, adherence to ground floor commercial requirement would be economically infeasible, as it would require adding and additional story to the building to meet the ground floor commercial requirement and to still provide the number of units that the applicant is entitled to under State law.     City Council 23 – 7 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 8 3 7 2 3 Standard Analysis Maximum Height The maximum height permitted in the CDR district of the TZC is three stories. As proposed, the maximum height of the new structure would be four stories (58-feet, nine-inches). However, only the stairwell and elevator penthouse will be at the maximum height, the rest of the four-story structure would be 51-feet, nine-inches in height. The proposed fourth story is required to accommodate the number of units permissible under the Density Bonus Law. The gross site area and existing site conditions severely restrict the applicant from providing a site plan that could accommodate the proposed number of units with a three story building type. With the current maximum height restriction, the applicant could propose underground parking to take advantage of the limited gross site area. However, this would result in a project that is financially infeasible. Strict adherence to the maximum height requirement would result in a loss of four residential units, would physically preclude construction of the project, and would preclude the construction of the affordable unit to be dedicated to very- low income occupants. This would also make the project infeasible and would not allow the applicant to achieve the full 27.5-percent density bonus to which the applicant is entitled under State law. Building Size and Massing Standards – Maximum Ratio for each Flex Block story Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. The building type establishes a maximum ratio for each flex block story/level. Specifically, the second through fourth floor can only be 85-percent of the ground floor volume/gross floor area. As designed, the second through fourth floor cannot exceed 3,309 square feet. The second through fourth floor of the proposed building exceed the allowable ratio and are 97.9-percent of the ground floor’s volume. The second through fourth floor are proposed to be 3,811 square feet, exceeding the maximum allowable by 502 square feet. The proposed site has a smaller than average lot depth and lot width, compared to most lots in the downtown area. Lots in Downtown area range in lot depth and width but are on average 250 feet by 250 feet. The subject site is approximately 100 feet by 125 feet. Without the increase in the allowable building size and massing standards, the project would need to be redesigned, resulting in several impacts to the feasibility of the site’s development. These impacts would include a loss parking spaces; an incompatible design and unbalanced composition of massing the project site; and a smaller building footprint that would reduce the building’s interior floor area and individual unit sizes and result in a loss of units. In order to provide the required building size and massing standards, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs and making the project infeasible. Open Space Standards Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. This building type requires common open space to be designed as a courtyard or in the front as a forecourt, have it open to the sky, and to be equal to 15-percent of the lot. Moreover, private open space is required to be provided for each residential unit, no less than 50 square feet     City Council 23 – 8 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 9 3 7 2 3 Standard Analysis with a minimum dimension of six feet in each direction. The total common open space required is 1,875 square feet and the total private open space required is 750 square feet. As proposed, the project provides 433 square feet of common interior space, provided in the form of lobby space (approximately 3.5-percent of lot) to be furnished (e.g., coffee tables, chairs, lounge tables, etc.), where feasible. The project also provides 591 square feet of private open space, in the form of private decks for nine units. The gross site area and existing site conditions severely restrict the ability for the project to accommodate any common open space, and restrict the ability to provide the fully required private open space. Providing the required common open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. To help alleviate the common open space deficiency, the project proposes an average of 40 square feet of private open space per unit, through use of private balconies/decks. Landscaping Standards Pursuant to Section 41-2020 of the TZC, all setbacks, yards, and shared common open spaces are required to be landscaped. In addition, a landscape buffer of not less than five feet is required to be provided to separate parking lot from an adjacent properties and the surface parking lot is required to be landscaped per City’s commercial area standards. As designed, the project provides a landscape buffer of two feet proposed along the western property lines, three feet less than required. In addition, the project does not provide the required landscape planters in the surface parking lot. Due to site constraints, smaller than average lot size, and parking and landscaping requirements, the required landscape buffer and landscape planters cannot be accommodated. Maintaining the required landscape standards would result in a site redesign, reducing the number of parking stall, the drive aisle width, the ability of trash trucks to service the site, and ultimately lead to the loss of bedroom units, resulting in the project becoming infeasible. In order to provide the required landscaping and maintain the current proposed unit count, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs. When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the ground floor commercial, minimum required open space, landscaping, and the required building size and massing. However, these changes would increase development costs, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of     City Council 23 – 9 10/17/2023 Density Bonus Agreement for 1212 E. Fourth Street October 17, 2023 Page 10 3 7 2 3 the project. In addition, these changes would reduce the number of units that could be constructed on the site and therefore eliminate the affordable housing unit that would result from the project. In addition, the changes would increase development costs and reduce the financial feasibility of redeveloping the site, resulting in the affordable housing project becoming financially infeasible due to the significantly increased financial implications. Lastly, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to Section 41- 1603 of the SAMC. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. In addition, staff contacted the provided contacts for the Saddleback View Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2010 in order to address the potential environmental impacts associated with the Transit Zoning Code. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2010 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2010 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-04 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution – Density Bonus Agreement 2. Draft Density Bonus Agreement 3. August 28, 2023 - Planning Commission Staff Report and Exhibits Submitted By: Minh Thai, Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 23 – 10 10/17/2023 Resolution No. 2023-XX Page 1 of 13 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Oscar Uranga Applicant), on behalf of Unison Real Estate Group, LLC (Property Owner), is requesting approval of density bonus agreement (DBA) No. 2023-01 to allow the construction of a rental residential development, consisting of fifteen apartment units with one unit proposed as affordable to very-low income households earning less than 50 percent of the area median income (AMI) for the property located at 1212 E. Fourth Street. B. The Transit Zoning Code was adopted in 2010 to provide the zoning necessary to support the long-term development of a successful transit program. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To incentivize constructing on-site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, as well as incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. The Applicant’s request has been thoroughly evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2021-33. Through this review, the DRC has considered the subject site, proposed development, and the applicant’s requests for a density bonus, and requested incentives/concessions and waivers pursuant to the State’s Density Bonus Law.     City Council 23 – 11 10/17/2023 Resolution No. 2023-XX Page 2 of 13 E. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission. F. On August 28, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral and voted to recommend 5-2-0 (Ayes: Commissioners Pham, Ramos, Woo, Escamilla, and Oliva; Noes: Leo and Benninger) that the City Council approve DBA No. 2023-01 as conditioned. G. On October 17, 2023, the City Council of the City of Santa Ana held a duly noticed public meeting and at that time considered all testimony, written and oral. H. The City Council hereby determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for DBA No. 2023-01 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide fifteen residential rental units, including one unit for very-low income households, contributing toward the City’s rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Transit Zoning Code, currently contains a mix of uses, including single-family residential, medium and medium-high density apartments, townhomes, and neighborhood- serving commercial. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market- rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is in an area already identified in both the City’s Zoning Code (the Transit Zoning Code) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the City’s General Plan land use designation for the     City Council 23 – 12 10/17/2023 Resolution No. 2023-XX Page 3 of 13 project site is Urban Neighborhood-Medium (UN-40), which allows for the development of semi-urban villages that are well connected to schools, parks, and shopping centers. These areas are accessible by multiple modes of transportation, have lively and pedestrian-friendly streetscapes, and are designed to foster community interaction. This designation allows a mix of uses, including medium and medium-high density apartments, townhomes, garden- or motor- court homes, and neighborhood- serving commercial. Mixed-use projects are allowed in both horizontal configuration, with commercial and residential uses side-by-side, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 52.26 dwelling units per acre (du/ac) is within the limits established by the California Density Bonus Law for an eight-percent affordability rate for one very-low income unit. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires one deviation through incentives/concessions: Mixed-use requirement; as well as four deviations through a waiver in (1) maximum building height; (2) building size and massing standards; (3) open space standards; and (4) landscape standards. The five deviations are described as follows: Mixed-use Requirement (Incentive/Concession) Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi-family dwellings are a permitted use in the Corridor (CDR) district, but only on second or upper floors, or behind retail or service ground floor use. Pursuant to Government Code Section 65915 (k)(1), a concession may be sought by the applicant not only to modify or eliminate a development standard but also to modify “zoning code requirements.” In this case, the requirement for ground floor commercial is a zoning code requirement. Strict adherence to this requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. Moreover, the ground floor commercial requirement is subordinate in function to the primary zoning classification of Multi-Family Dwellings within the CDR district. Lastly, adherence to ground floor commercial requirement would be economically infeasible, as it     City Council 23 – 13 10/17/2023 Resolution No. 2023-XX Page 4 of 13 would require adding another story to the building to meet the ground floor commercial requirement and to still provide the number of units that the applicant is entitled to under State law. Maximum Height (Waiver) The maximum height permitted in the CDR district of the TZC is three stories. As proposed, the maximum height of the new structure would be four stories (58-feet, nine-inches). However, only the stairwell and elevator penthouse will be at the maximum height, and the rest of the four-story structure would be 51-feet, nine-inches in height. The proposed fourth story is needed to make construction of the residential development financially feasible. The gross site area and existing site conditions severely restrict the applicant from providing a site plan that could accommodate the proposed number of units with a three story building type. With the current maximum height restriction, the applicant could propose underground parking to take advantage of the limited gross site area. However, this would result in a project that is financially infeasible. Strict adherence to the maximum height requirement would result in a loss of four residential units, would physically preclude construction of the project, and would preclude the construction of the affordable unit to be dedicated to very-low income occupants. This would also make the project infeasible and would not allow the applicant to achieve the full 27.5-percent density bonus to which the applicant is entitled under State law. Building Size and Massing Standards – Maximum Ratio for each Flex Block story (Waiver) Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. The building type establishes a maximum ratio for each flex block story/level. Specifically, the second through fourth floor can only be 85-percent of the ground floor volume/gross floor area. As designed, the second through fourth floor cannot exceed 3,309 square feet. The second through fourth floor of the proposed building exceed the allowable ratio and are 97.9-percent of the ground floor’s volume. The second through fourth floor are proposed to be 3,811 square feet, exceeding the maximum allowable by 502 square feet. The proposed site has a smaller than average lot depth and lot width, compared to most lots in the downtown area. Lots in the downtown area range in lot depth and width but are on average 250 feet by 250 feet. The subject site is approximately 100 feet by 125     City Council 23 – 14 10/17/2023 Resolution No. 2023-XX Page 5 of 13 feet. Without the increase in the allowable building size and massing standards, the project would need to be redesigned, resulting in several impacts to the feasibility of the site’s development. These impacts would include a loss parking spaces; an incompatible design and unbalanced composition of massing the project site; and a smaller building footprint that would reduce the building’s interior floor area and individual unit sizes and result in a loss of units. In order to provide the required building size and massing standards, the developer would be required to construct an additional level, resulting in a different type of construction (steel- frame versus wood), or build underground parking, further increasing development costs and making the project infeasible. Open Space Standards (Waiver) Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. This building type requires common open space to be designed as a courtyard or in the front as a forecourt, have it open to the sky, and to be equal to 15- percent of the lot. Moreover, private open space is required to be provided for each residential unit, no less than 50 square feet with a minimum dimension of six feet in each direction. The total common open space required is 1,875 square feet and the total private open space required is 750 square feet. As proposed, the project provides 433 square feet of common interior space, provided in the form of lobby space (approximately 3.5-percent of lot). To the extent feasible, the lobby space is to be furnished (e.g., coffee tables, chairs, lounge tables, etc.). The project also provides 591 square feet of private open space, in the form of private decks for nine units. The gross site area and existing site conditions severely restrict the ability for the project to accommodate any common open space, and restrict the ability to provide the fully required private open space. Providing the required common open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. To help alleviate the common open space deficiency, the project proposes an average of 40 square feet of private open space per unit, through use of private balconies/decks.     City Council 23 – 15 10/17/2023 Resolution No. 2023-XX Page 6 of 13 Landscape Standards (Waiver) Pursuant to Section 41-2020 of the TZC, all setbacks, yards, and shared common open spaces are required to be landscaped. In addition, a landscape buffer of not less than five feet is required to be provided to separate parking lot from an adjacent properties and the surface parking lot is required to be landscaped per City’s commercial area standards. As designed, the project provides a landscape buffer of two feet proposed along the western property lines, three feet less than required. In addition, the project does not provide the required full- size landscape planters in the surface parking lot and instead provides partial and diamond-shaped planters. Due to site constraints, smaller than average lot size, and parking and landscaping requirements, the required landscape buffer and landscape planters cannot be accommodated. Maintaining the required landscape standards would result in a site redesign, reducing the number of parking stall, the drive aisle width, the ability of trash trucks to service the site, and ultimately lead to the loss of bedroom units, resulting in the project becoming infeasible. In order to provide the required landscaping and maintain the current proposed unit count, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and certified in 2010 in order to address the potential environmental impacts associated with the Transit Zoning Code. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2010 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2010 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-04 will be filed for this project. All applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set     City Council 23 – 16 10/17/2023 Resolution No. 2023-XX Page 7 of 13 aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2023-01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 28, 2023, and exhibits attached thereto; the Request for City Council Action dated October 17, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. ADOPTED this ____ day of ___________, 2023. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Jose Montoya Assistant City Attorney     City Council 23 – 17 10/17/2023 Resolution No. 2023-XX Page 8 of 13 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________     City Council 23 – 18 10/17/2023 Resolution No. 2023-XX Page 9 of 13 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on________________, 2023. Date: ________________ ____________________________________ City Clerk City of Santa Ana     City Council 23 – 19 10/17/2023 Resolution No. 2023-XXX Page 10 of 13 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2023-01 Density Bonus Agreement Application No. 2023-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-33. 2. Any amendment to the DP No. 2021-33, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. All mechanical equipment shall be screened from view from public and courtyard areas. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall provide for measures to address any parking shortages that may result from the project, with terms including but not limited to: a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and     City Council 23 – 20 10/17/2023 Resolution No. 2023-XXX Page 11 of 13 c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; 6. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10- foot minimum), and name and location of the supplier. 7. Walls and Fencing. a. The applicant shall construct a minimum six-foot (6') tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site, unless a conforming perimeter wall (minimum six-foot tall) already exists. Any new or existing perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating. 8. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. Prior to final occupancy, a Property Maintenance Agreement (Maintenance Agreement) must be recorded against the property. The agreement will be subject to review and approval by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located, if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana. The Maintenance Agreement shall be recorded against the property and contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the     City Council 23 – 21 10/17/2023 Resolution No. 2023-XXX Page 12 of 13 construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. f. The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the Maintenance Agreement. g. The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the     City Council 23 – 22 10/17/2023 Resolution No. 2023-XXX Page 13 of 13 property. The Maintenance Agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the Maintenance Agreement shall be a condition precedent to the Certificate of Occupancy.     City Council 23 – 23 10/17/2023 1 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council ________________________________________________________________________ Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT (1212 E. Fourth Street, Santa Ana, California; APN: 398-385-02) This DENSITY BONUS HOUSING AGREEMENT (“Agreement”), made and entered into this day of , 2023 (“Effective Date”), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Unison Real Estate Group, LLC, a California Limited Liability Company (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.” RECITALS A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 1212 E. Fourth Street, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”). B. Developer is proposing to develop a residential development consisting of no more than fifteen (15) residential rental units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2023-1 (“Project”). Without the density bonus, Developer would only be permitted to build twelve (12) units on the Property. C. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who guarantee that a portion of their residential development will be available to low income, very-low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very-low income, low income and senior households throughout the city. D. The Project is proposing a total number of fifteen (15) residential rental units, including one (1) unit for very-low income households. Pursuant to California Government Code     City Council 23 – 24 10/17/2023 2 Sections 65915 (p)(1)(A) and 65915 (p)(1)(B), the Project will provide seventeen (17) total onsite parking spaces or 1.1 spaces per unit at a ratio of one (1) stall for studio or one-bedroom units, and one and one -half (1.5) stalls for two-bedroom units. No additional parking concession is requested or provided. E. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be a “housing development” as defined in the State Density Bonus Law. F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(A) and 65915(e)(1), the City has determined to grant Developer’s application for one (1) concession and four (4) waivers. G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed one -twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as defined below in Section 1.1.17. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 “Affordable Rent Schedule” means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Very-Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit (“Initial Rent Schedule”) and shall     City Council 23 – 25 10/17/2023 3 be created in accordance with the Orange County, California Primary Metropolitan Statistical Area (“PMSA”) as published by the California Department of Housing and Community Development (“HCD”), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" means one (1) unit, which shall be comprised of one (1) one-bedroom unit for Very-Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 ''Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.12 "Developer" means Unison Real Estate Group, LLC, a California Limited Liability Company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.13 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein. 1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a “Very-Low Income Tenant” as defined herein. 1.1.15 “Extremely-Low Income Tenant” means persons and families whose income does not exceed thirty (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.1.16 "Household" means all persons residing in a Unit. 1.1.17 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.     City Council 23 – 26 10/17/2023 4 1.1.18 "Monthly Rent" means the total of monthly payments for : (a) use and occupancy of each Affordable Unit and land and facilities associated therewith ; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not inclu ding telephone or cable service, to the extent applicable and charged to tenant ; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utilit y allowance shall be deducted from the rent for that type of utility charge. 1.1.19 "Project" means that certain affordable residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.20 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.21 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.22 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.23 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.1.24 “Very-Low Income Tenant” means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. Very-Low Income Tenant shall include a household that qualifies as an Extremely Low-Income Household. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A – Legal Description of the Property 1.2.2 Exhibit B – Tenant Verification 1.2.3 Exhibit C – Annual Tenant Recertification 1.2.4 Exhibit D – Annual Rental Housing Compliance Report 1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property     City Council 23 – 27 10/17/2023 5 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as a fifteen (15) unit rental residential community, with one (1) Affordable Unit for Very-Low Income Tenants. 2.2 Density Bonus. The Project shall have fifteen (15) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is utilizing a twenty-seven-and-a-half percent (27.5%) density bonus increase provided by the State Density Bonus Law (12 Base Units x 27.5% = 4 State Density Bonus Units) for a total of sixteen (16) units. However, Developer is only proposing fifteen (15) Units, so Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional State and/or City Density Bonus Units on the Property. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application No. DBA-2023-1 for the Project: 2.3.1 Concession. In accordance with Government Code Section 65915(d)(1), Developer is granted a concession for relief from the requirement for ground floor retail or services, as set forth in Santa Ana Municipal Code § 41-2007. 2.3.2 Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers: (a) The height limitation set forth in Santa Ana Municipal Code § 41-2013(a) is waived to the extent the building height for this Project may be up to fifty-one (51) feet and nine (9) inches and four (4) stories. (b) The maximum allowable building size and massing ratio set forth in Santa Ana Municipal Code § 41-2022(i)(5) are waived to the extent that the second through fourth floor will exceed the maximum allowable building size and massing ratio, and are 97.9-percent of the ground floor’s volume. (c) The open space requirements set forth in Santa Ana Municipal Code § 41- 2022(f) are waived such that the Project shall not be required to provide common open space in the form of a courtyard or in the front as a forecourt, and only five-hundred ninety-one (591) square feet of private open space will be required in the form of private decks for nine (9) Units. (d) The requirement for a landscape buffer set forth in Santa Ana Municipal Code § 41-2020(6) is waived to the extent that a two (2) foot landscape buffer will be provided along the western property line, instead of the required five (5), and no landscape plan ters will be provided on the surface parking lot. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Sections 65915(p)(1)(A) and 65915(p)(1)(B). No parking concession is     City Council 23 – 28 10/17/2023 6 requested or provided. The Project will provide seventeen (17) total onsite parking spaces or 1.1 spaces per unit at a ratio of one (1) stall for studio or one -bedroom units, and one and one-half (1.5) stalls for two-bedroom units. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3, and the parking requirements set forth in section 2.4, above, fully satisfy any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than fourteen (14) Unrestricted Units comprised of six (6) studio units, five (5) one bed-room units and three (3) two-bedroom units. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.7 Affordable Units. The Project, for purposes of this Agreement, shall have no less than one (1) Unit, which shall be comprised of one (1) one-bedroom unit designated as an Affordable Unit pursuant to the terms and conditions of this Agreement. The Affordable Unit shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.8 Minimum Development Standards for Affordable Units. The Affordable Unit shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.9 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.     City Council 23 – 29 10/17/2023 7 2.10 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3. AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City. 3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified b y Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupanc y of the Unit shall control.     City Council 23 – 30 10/17/2023 8 3.3 Levels of Affordability. 3.3.1 Very Low Income Tenants. Developer covenants that no less than one (1) Affordable Unit in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household, at an Affordable Rent. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of $2,768.25, will be charged to the Developer and must be paid prior to execution of this Agreement. 4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property for no longer than the Total Affordability Term, and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project , except as expressly set forth in this Agreement. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. 4.4.1 Written Notification. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over - occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicab le. 4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall     City Council 23 – 31 10/17/2023 9 conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as a rental housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social progr ams provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or d esignees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 hours’ notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit (“Affordable Unit Lease Agreement”) for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household’s right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.8 Selection of Tenants. 4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasin g the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.8.3 All applicants will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of rental applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information     City Council 23 – 32 10/17/2023 10 deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection pr ocedures as set forth herein. 4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.9 Income Verification and Certification. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.9.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report (“Annual Compliance Report”) shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City’s review and approval. The Annual Compliance Report shall be due to the City within thirty (30) days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.9.3 Continued Income Qualification and Vacated Affordable Units . If the annual recertification demonstrates that a previously Eligible Household’s gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken: (a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an     City Council 23 – 33 10/17/2023 11 Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer’s election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household. (c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract. 4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Developer’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to one (1) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each s uch record. Developer shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Owner of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property.     City Council 23 – 34 10/17/2023 12 4.12 [Intentionally Reserved] 4.13 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies : (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.14 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions: a. Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; b. Requiring routine unit inspections; c. Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and d. Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well-lit, kept clean, etc.). Developer shall submit and obtain approval from the City’s Planning and Building Agency (“PBA”) that the CFH Plan meets the requirements of this Subsection 4.14 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager . 4.15 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of -way. a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.     City Council 23 – 35 10/17/2023 13 Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the “PMP”) including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.16 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project (“Marketing Program”). The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.16.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the building in which the Affordable Units are located. 7. DEFAULT AND TERMINATION; INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.     City Council 23 – 36 10/17/2023 14 7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of i ts rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitees. 8. ASSIGNMENT; COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assignments . Except as authorized in this Section or Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, without City's prior written approval, which shall not be unreasonably withheld, conditioned or delayed (“Permitted Transfer”); provided, however, Developer shall have the right without City’s prior written approval to transfer or assign the Property, Project and/or Developer’s rights and obligations in this Agreement to any entity that is controlled by, or is under common control with, Developer, and Developer shall thereafter be released from any future obligations under this Agreement. In connection with Permitted Transfer, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City in its reasonable discretion and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to compensate the City for approximate expenses incurred by Developer to City, as applicable, for the City’s review of the request. Upon the delivery of the assignment and assumption agreement as provided for above for a Permitted Transfer, or in the event of a sale of the Property as provided for in Section 8.1.1, Developer shall be released from any future obligations under this Agreement. 8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreeme nt, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute     City Council 23 – 37 10/17/2023 15 covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 8.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, l iens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby furthe r declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representati ons, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.     City Council 23 – 38 10/17/2023 16 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. An y requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Par ty; or (vi) upon transmission thereof (as evidenced by the recipient’s reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.0. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Unison Real Estate Group, LLC 18952 MacArthur Blvd Suite 210 Irvine, CA 92612     City Council 23 – 39 10/17/2023 17 Attention: Oscar Uranga 9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business . 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.     City Council 23 – 40 10/17/2023 18 9.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.     City Council 23 – 41 10/17/2023 19 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary u nder the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there ha ve been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the     City Council 23 – 42 10/17/2023 20 prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on following page}     City Council 23 – 43 10/17/2023 21 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA ___________________________ _______________________ Jennifer L. Hall Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney ___________________________ By: RECOMMENDED FOR APPROVAL: UNISON REAL ESTATE GROUP, LLC ______________________________ _______________________ Michael Garcia Oscar Uranga Executive Director Community Development Agency     City Council 23 – 44 10/17/2023 22 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 3 AND 4 IN BLOCK "A" OF "SANTA ANA INVESTMENT COMPANY TRACT NO. 1 HUMPHREY'S ADDITION TO SANTA ANA", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398 -385-02     City Council 23 – 45 10/17/2023 23 EXHIBIT B TENANT VERIFICATION     City Council 23 – 46 10/17/2023 24 EXHIBIT C ANNUAL TENANT RECERTIFICATION     City Council 23 – 47 10/17/2023 25 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT     City Council 23 – 48 10/17/2023 26 EXHIBIT E NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY     City Council 23 – 49 10/17/2023 1.DENSITY BONUS AGREEMENT NO. 2023-01 FOR THE PROPERTY LOCATED AT 1212 EAST FOURTH STREET LOCATED WITHIN THE CORRIDOR (CDR) DISTRICT OF THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT NO. 84 (SD84). Project Applicant: Oscar Uranga with Unison Real Estate Group, LLC (Applicant and Property Owner) Proposed Project: Applicant is proposing to construct a 15-unit rental residential development, with one unit proposed as affordable to very-low income households. In order to facilitate the construction of the project, the applicant is requesting approval of Density Bonus Agreement (DBA) No. 2023-01 to utilize waivers from development standards and/or development concessions as permitted pursuant to California Government Code sections 65915 through 65918 as implemented by the Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption, Environmental Review (ER) No. 2022-04 will be filed for this project. Recommended Action: •Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned.     City Council 23 – 50 10/17/2023 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report August 28, 2023 Topic: Density Bonus Agreement No. 2023-01 – 4th and Grand (1212 E. Fourth Street) RECOMMENDED ACTION Adopt a resolution approving Density Bonus Agreement No. 2023-01 as conditioned. EXECUTIVE SUMMARY Oscar Uranga (applicant), on behalf of Unison Real Estate Group, LLC (property owner), is requesting approval of density bonus agreement (DBA) No. 2023-01 to allow the construction of a rental residential development consisting of fifteen apartment units, with one unit proposed as affordable to very-low income households earning less than 30-50 percent of the area median income (AMI), on a vacant site located at 1212 E. Fourth Street. As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to 52.26 dwelling units per acre (du/ac). The request satisfies the purpose and intent of the Transit Zoning Code (TZC) to promote a pedestrian-oriented environment with a mix of land uses and to provide additional affordable housing stock to an underserved segment of the region’s population. As a result, staff recommends approval of the DBA. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 1212 E. Fourth Street – Ward 6 Nearest Intersection East Fourth Street and North Grand Avenue General Plan Designation Urban Neighborhood-Medium (UN-40) Zoning Designation Corridor (CDR) district within the Transit Zoning Code (SD- 84) North Commercial East Vacant Surrounding Land Uses South Single-family residential     City Council 23 – 51 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 2 3 6 3 8 Project Description The project includes the construction of a new four-story residential building with flats/apartments consisting of fifteen apartment units, 591 square feet of open space, seventeen parking spaces, and onsite bicycle storage. The residential development will include six studio units, five one-bedroom plus office units, one one-bedroom unit, and three two-bedroom units. Each of the fifteen units will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas, and nine would include private decks. Of the total units in the development, one unit is proposed to be affordable to households earning less than 30-50 percent of the area median income (AMI), which is currently set at $71,750, adjusted for a four-person household size, as published by California Department of Housing and Community Development (HCD). The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing neighborhood. The contemporary architectural style would include cement board shiplap siding, brick veneer, stucco finishes, vinyl frame windows, metal railings for proposed decks, metal awnings, and high quality architectural detailing. The project would also incorporate a series of art murals along the east and west elevations. Moreover, the structure is designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime. Density Bonus The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers that facilitate production of units, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law West Commercial Property Size 0.287-acres (12,500 square feet) Existing Site Development The site is currently vacant and unimproved. Use Permissions Multi-Family Residential (permitted under Corridor district within the Transit Zoning Code) Uses Article XVI.I (Density Bonus); CDR, Table 2A – Use StandardsZoning Code Sections Affected Development Standards CDR, Section 41-2013; Section 41-2020; Section 41-2024     City Council 23 – 52 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 3 3 6 3 8 was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 40 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 0.287-acre site at 40 du/ac is 12 units. Of the total units in the development, one units is proposed to be affordable. Therefore, the project would have an eight-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 27.5 percent. Due to the project’s eight-percent affordability rate, the developer can seek one density bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 27.5-percent density bonus. As such, the maximum unit yield for the 0.287- acre site using the most “intense” building type allowed in CDR and the State density bonus is 16 units, as outlined in Table 2. However, the applicant is proposing to develop fifteen units on the site. Table 2: Density Bonus Calculation Affordable Unit – 8% (1 unit)*Density Bonus Calculation Units Allowed Base Density - Flex Block Housing type (most “intense” type allowed in CDR)0.287 acres x 40 du/ac 12 Units** 27.5-Percent State Density Bonus (12 units x 0.275)+4 Units** Total Units 16 Units Proposed Units 15 Units *Affordable unit percentage is calculated excluding units added by a density bonus. **AB 2501 states that any density calculations resulting units shall be rounded up to the next whole number. Applies to: Number of affordable units required to be eligible for the density bonus; Base density (i.e. the number of affordable units in the base project); and Eligible bonus units. The purpose of the State’s Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project’s potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant.     City Council 23 – 53 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 4 3 6 3 8 Table 3: Requested Incentives/Concessions TZC Standard Requirement Provided Mixed-Use Requirement •Multi-family dwellings permitted only on second or upper floors, or behind retail or service ground floor use. TZC, Table 2A. Use Standards •No ground floor retail or service uses provided for this project. •Multi-family dwelling proposed on the ground floor, street facing (not behind retail or service ground floor use) – Requires Concession (1 of 1), Cal. Gov’t Code Sec. 65915 (d)(1) Maximum Height •Maximum height in Corridor (CDR) land use district is three stories Section 41-2013 - Table CDR-1 The project proposes a building height of four stories (58 feet and 9 inches) – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1) Building Size and Massing Standards – Maximum Ratio for each Flex Block story The second through fourth floor can only be 85-percent of the ground floor volume/gross floor area (cannot exceed 3,309 square feet). Section 41-2022 (i)(5) - Table BT-4 The second through fourth floor exceed the allowable ratio and are 97.9-percent of the ground floor’s volume (proposed 3,811 square feet). – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1) Open Space Standards •Common open space to be designed as a courtyard, or in the front as a forecourt – •required to be 15-percent of the lot (1,875 square feet required). •Private open space required for each residential unit, not less than 50 square feet with a minimum of 6 feet in each direction (700 square feet of private open space required). Section 41-2022 (f) •No common open space in the form of a courtyard, or in the front as a forecourt, is provided •433 square feet of common interior space provided in the form of lobby space (approximately 3.5- percent of lot) •591 square feet of private open space will be provided in the form of private decks for nine (9) Units. – Requires Concession (1 of 1), Cal. Gov’t Code Sec. 65915 (d)(1) Landscaping Standards •All setbacks, yards, and shared common open spaces are required to be landscaped. •A landscape buffer of not less than five feet required to be provided to separate parking lot from an adjacent property •Surface parking lots required to be landscaped per City’s commercial area standards, which require full- size landscape planters for every ten parking spaces. Section 41-2020 (6) •A landscape buffer of 2 feet is proposed along the western property lines, 3 feet less than required •Partial and diamond-shaped tree planters are provided in the surface parking lot – Requires Waiver, Cal. Gov’t Code Sec. 65915 (e)(1)     City Council 23 – 54 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 5 3 6 3 8 Onsite Parking In addition, the site is parked in compliance with California Government Code 65915 (p)(1)(A) and 65915 (p)(1)(B) and provides 17 total surface parking spaces or 1.1 spaces per unit. The California Density Bonus Law allows a parking ratio of one (1) stall for studio or one-bedroom units, and one and one-half (1.5) stalls for two-bedroom units, inclusive of handicapped and guest parking. Analysis of the Issues Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing “deviations” (incentives/concessions and/or waivers). The Planning Commission’s review of the density bonus agreement is based on the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. Because the project does not exceed four stories in height, the project does not require a Site Plan Review Application pursuant to Table 2A (Use Standards) as part of the Transit Zoning Code (TZC). Accordingly, the Planning Commission’s review and determination for this request are limited to the provisions of the Density Bonus Agreement application only. Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (4) Standard Analysis Mixed-Use Requirement Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi- family dwellings are a permitted use in the Corridor (CDR) district, but only on second or upper floors, or behind retail or service ground floor use. Pursuant to Government Code Section 65915 (k)(1), a concession may be sought by the applicant not only to modify or eliminate a development standard but also to modify “zoning code requirements.” In this case, the requirement for ground floor commercial is a zoning code requirement. Strict adherence to this requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. Moreover, the ground floor commercial requirement is subordinate in function to the primary zoning classification of Multi-Family Dwellings within the CDR district. Lastly,     City Council 23 – 55 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 6 3 6 3 8 Standard Analysis adherence to ground floor commercial requirement would be economically infeasible, as it would require adding and additional story to the building to meet the ground floor commercial requirement and to still provide the number of units that the applicant is entitled to under State law. Maximum Height The maximum height permitted in the CDR district of the TZC is three stories. As proposed, the maximum height of the new structure would be four stories (58-feet, nine-inches). However, only the stairwell and elevator penthouse will be at the maximum height, the rest of the four-story structure would be 51-feet, nine-inches in height. The proposed fourth story is required to accommodate the number of units permissible under the Density Bonus Law. The gross site area and existing site conditions severely restrict the applicant from providing a site plan that could accommodate the proposed number of units with a three story building type. With the current maximum height restriction, the applicant could propose underground parking to take advantage of the limited gross site area. However, this would result in a project that is financially infeasible. Strict adherence to the maximum height requirement would result in a loss of four residential units, would physically preclude construction of the project, and would preclude the construction of the affordable unit to be dedicated to very-low income occupants. This would also make the project infeasible and would not allow the applicant to achieve the full 27.5-percent density bonus to which the applicant is entitled under State law. Building Size and Massing Standards – Maximum Ratio for each Flex Block story Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. The building type establishes a maximum ratio for each flex block story/level. Specifically, the second through fourth floor can only be 85-percent of the ground floor volume/gross floor area. As designed, the second through fourth floor cannot exceed 3,309 square feet. The second through fourth floor of the proposed building exceed the allowable ratio and are 97.9-percent of the ground floor’s volume. The second through fourth floor are proposed to be 3,811 square feet, exceeding the maximum allowable by 502 square feet. The proposed site has a smaller than average lot depth and lot width, compared to most lots in the downtown area. Lots in Downtown area range in lot depth and width but are on average 250 feet by 250 feet. The subject site is approximately 100 feet by 125 feet. Without the increase in the allowable building size and massing standards, the project would need to be redesigned, resulting in several impacts to the feasibility of the site’s development. These impacts would include a loss parking spaces; an incompatible design and unbalanced composition of massing the project site; and a smaller building footprint that would reduce the building’s interior floor area and individual unit sizes and result in a loss of units. In order to provide the required building size and massing standards, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs and making the project infeasible.     City Council 23 – 56 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 7 3 6 3 8 Standard Analysis Open Space Standards Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. This building type requires common open space to be designed as a courtyard or in the front as a forecourt, have it open to the sky, and to be equal to 15-percent of the lot. Moreover, private open space is required to be provided for each residential unit, no less than 50 square feet with a minimum dimension of six feet in each direction. The total common open space required is 1,875 square feet and the total private open space required is 750 square feet. As proposed, the project provides 433 square feet of common interior space, provided in the form of lobby space (approximately 3.5-percent of lot) to be furnished (e.g., coffee tables, chairs, lounge tables, etc.), where feasible. The project also provides 591 square feet of private open space, in the form of private decks for nine units. The gross site area and existing site conditions severely restrict the ability for the project to accommodate any common open space, and restrict the ability to provide the fully required private open space. Providing the required common open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. To help alleviate the common open space deficiency, the project proposes an average of 40 square feet of private open space per unit, through use of private balconies/decks. Landscaping Standards Pursuant to Section 41-2020 of the TZC, all setbacks, yards, and shared common open spaces are required to be landscaped. In addition, a landscape buffer of not less than five feet is required to be provided to separate parking lot from an adjacent properties and the surface parking lot is required to be landscaped per City’s commercial area standards. As designed, the project provides a landscape buffer of two feet proposed along the western property lines, three feet less than required. In addition, the project does not provide the required landscape planters in the surface parking lot. Due to site constraints, smaller than average lot size, and parking and landscaping requirements, the required landscape buffer and landscape planters cannot be accommodated. Maintaining the required landscape standards would result in a site redesign, reducing the number of parking stall, the drive aisle width, the ability of trash trucks to service the site, and ultimately lead to the loss of bedroom units, resulting in the project becoming infeasible. In order to provide the required landscaping and maintain the current proposed unit count, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs. When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the ground floor commercial, minimum required open space,     City Council 23 – 57 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 8 3 6 3 8 landscaping, and the required building size and massing. However, these changes would increase development costs, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. In addition, these changes would reduce the number of units that could be constructed on the site and therefore eliminate the affordable housing unit that would result from the project. In addition, the changes would increase development costs and reduce the financial feasibility of redeveloping the site, resulting in the affordable housing project becoming financially infeasible due to the significantly increased financial implications. Lastly, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to Section 41- 1603 of the SAMC. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 11. In addition, staff contacted the provided contacts for the Saddleback View Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2010 in order to address the potential environmental impacts associated with the Transit Zoning Code. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2010 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2010 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022- 04 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. The 2010 TZC EIR and MMRP have been provided as Exhibit 10 for reference. EXHIBIT(S) 1. Resolution Approving DBA No. 2023-01 as conditioned 2. Vicinity Zoning and Aerial View 3. Site Photos 4. Site Plan     City Council 23 – 58 10/17/2023 DBA No. 2023-01– 4th and Grand (1212 E. Fourth Street) August 28, 2023 Page 9 3 6 3 8 5. Unit Floor Plans 6. Building Elevations 7. Building Perspectives 8. Preliminary Landscape Plans 9. Draft Density Bonus Agreement 10. 2010 Transit Zoning Code EIR 11. Copy of Public Notice Submitted By: Pedro Gomez, AICP Senior Planner Approved By: Minh Thai, Executive Director, Planning and Building Agency     City Council 23 – 59 10/17/2023 Resolution No. 2023-XXX Page 1 of 12 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-01 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH FIFTEEN UNITS FOR THE PROPERTY LOCATED AT 1212 E. FOURTH STREET (APN: 398-385-02) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Oscar Uranga (applicant), on behalf of Unison Real Estate Group, LLC (property owner), is requesting approval of density bonus agreement (DBA) No. 2023-01 to allow the construction of a rental residential development, consisting of fifteen apartment units with one unit proposed as affordable to very-low income households earning less than 50 percent of the area median income (AMI) for the property located at 1212 E. Fourth Street. B. The Transit Zoning Code was adopted in 2010 to provide the zoning necessary to support the long-term development of a successful transit program. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. The Applicant’s request has been thoroughly evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2021-33. Through this review, the DRC has considered the subject site, proposed development, and the applicant’s requests for incentives/concessions and waivers pursuant to the State’s Density Bonus Law. E. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations     City Council 23 – 60 10/17/2023 Resolution No. 2023-XXX Page 2 of 12 (incentives/concessions and/or waivers) to be approved by the Planning Commission. F. On August 28, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2023-01 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide fifteen residential rental units, including one unit for very-low income households, contributing toward the City’s rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Transit Zoning Code, currently contains a mix of uses, including single-family residential, medium and medium-high density apartments, townhomes, and neighborhood- serving commercial. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market-rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is in an area already identified in both the City’s Zoning Code (the Transit Zoning Code) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the City’s General Plan land use designation for the project site is Urban Neighborhood-Medium (UN-40), which allows for the development of semi-urban villages that are well connected to schools, parks, and shopping centers. These areas are accessible by multiple modes of transportation, have lively and pedestrian-friendly streetscapes, and are designed to foster community interaction.     City Council 23 – 61 10/17/2023 Resolution No. 2023-XXX Page 3 of 12 This designation allows a mix of uses, including medium and medium-high density apartments, townhomes, garden- or motor-court homes, and neighborhood- serving commercial. Mixed-use projects are allowed in both horizontal configuration, with commercial and residential uses side-by-side, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 52.26 dwelling units per acre (du/ac) is below the density bonus provisions in the California Density Bonus Law for an eight-percent affordability rate for one very-low income unit (27.5-percent State Density Bonus) which allows for 55.7 du/ac on the project site. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires one deviation through incentives/concessions: Mixed-use requirement; as well as four deviations through a waiver in (1) maximum building height; (2) building size and massing standards; (3) open space standards; and (4) landscape standards. The five deviations are described as follows: Mixed-use Requirement (Incentive/Concession) Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi-family dwellings are a permitted use in the Corridor (CDR) district, but only on second or upper floors, or behind retail or service ground floor use. Pursuant to Government Code Section 65915 (k)(1), a concession may be sought by the applicant not only to modify or eliminate a development standard but also to modify “zoning code requirements.” In this case, the requirement for ground floor commercial is a zoning code requirement. Strict adherence to this requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. Moreover, the ground floor commercial requirement is subordinate in function to the primary zoning classification of Multi-Family Dwellings within the CDR district. Lastly, adherence to ground floor commercial requirement would be economically infeasible, as it would require adding another story to the building to meet the ground floor commercial requirement and to still provide the number of units that the applicant is entitled to under State law.     City Council 23 – 62 10/17/2023 Resolution No. 2023-XXX Page 4 of 12 Maximum Height (Waiver) The maximum height permitted in the CDR district of the TZC is three stories. As proposed, the maximum height of the new structure would be four stories (58-feet, nine-inches). However, only the stairwell and elevator penthouse will be at the maximum height, and the rest of the four-story structure would be 51-feet, nine-inches in height. The proposed fourth story is needed to make construction of the residential development financially feasible. The gross site area and existing site conditions severely restrict the applicant from providing a site plan that could accommodate the proposed number of units with a three story building type. With the current maximum height restriction, the applicant could propose underground parking to take advantage of the limited gross site area. However, this would result in a project that is financially infeasible. Strict adherence to the maximum height requirement would result in a loss of four residential units, would physically preclude construction of the project, and would preclude the construction of the affordable unit to be dedicated to very-low income occupants. This would also make the project infeasible and would not allow the applicant to achieve the full 27.5-percent density bonus to which the applicant is entitled under State law. Building Size and Massing Standards – Maximum Ratio for each Flex Block story (Waiver) Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. The building type establishes a maximum ratio for each flex block story/level. Specifically, the second through fourth floor can only be 85-percent of the ground floor volume/gross floor area. As designed, the second through fourth floor cannot exceed 3,309 square feet. The second through fourth floor of the proposed building exceed the allowable ratio and are 97.9-percent of the ground floor’s volume. The second through fourth floor are proposed to be 3,811 square feet, exceeding the maximum allowable by 502 square feet. The proposed site has a smaller than average lot depth and lot width, compared to most lots in the downtown area. Lots in the downtown area range in lot depth and width but are on average 250 feet by 250 feet. The subject site is approximately 100 feet by 125 feet. Without the increase in the allowable building size and massing     City Council 23 – 63 10/17/2023 Resolution No. 2023-XXX Page 5 of 12 standards, the project would need to be redesigned, resulting in several impacts to the feasibility of the site’s development. These impacts would include a loss parking spaces; an incompatible design and unbalanced composition of massing the project site; and a smaller building footprint that would reduce the building’s interior floor area and individual unit sizes and result in a loss of units. In order to provide the required building size and massing standards, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs and making the project infeasible. Open Space Standards (Waiver) Pursuant to Section 41-2022 of the TZC, the residential building is designed as Flex Block Building Type. This building type requires common open space to be designed as a courtyard or in the front as a forecourt, have it open to the sky, and to be equal to 15-percent of the lot. Moreover, private open space is required to be provided for each residential unit, no less than 50 square feet with a minimum dimension of six feet in each direction. The total common open space required is 1,875 square feet and the total private open space required is 750 square feet. As proposed, the project provides 433 square feet of common interior space, provided in the form of lobby space (approximately 3.5-percent of lot) to be furnished (e.g., coffee tables, chairs, lounge tables, etc.), where feasible. The project also provides 591 square feet of private open space, in the form of private decks for nine units. The gross site area and existing site conditions severely restrict the ability for the project to accommodate any common open space, and restrict the ability to provide the fully required private open space. Providing the required common open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. To help alleviate the common open space deficiency, the project proposes an average of 40 square feet of private open space per unit, through use of private balconies/decks.     City Council 23 – 64 10/17/2023 Resolution No. 2023-XXX Page 6 of 12 Landscape Standards (Waiver) Pursuant to Section 41-2020 of the TZC, all setbacks, yards, and shared common open spaces are required to be landscaped. In addition, a landscape buffer of not less than five feet is required to be provided to separate parking lot from an adjacent properties and the surface parking lot is required to be landscaped per City’s commercial area standards. As designed, the project provides a landscape buffer of two feet proposed along the western property lines, three feet less than required. In addition, the project does not provide the required full-size landscape planters in the surface parking lot and instead provides partial and diamond-shaped planters. Due to site constraints, smaller than average lot size, and parking and landscaping requirements, the required landscape buffer and landscape planters cannot be accommodated. Maintaining the required landscape standards would result in a site redesign, reducing the number of parking stall, the drive aisle width, the ability of trash trucks to service the site, and ultimately lead to the loss of bedroom units, resulting in the project becoming infeasible. In order to provide the required landscaping and maintain the current proposed unit count, the developer would be required to construct an additional level, resulting in a different type of construction (steel-frame versus wood), or build underground parking, further increasing development costs. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and certified in 2010 in order to address the potential environmental impacts associated with the Transit Zoning Code. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2010 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2010 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022- 04 will be filed for this project. All applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments,     City Council 23 – 65 10/17/2023 Resolution No. 2023-XXX Page 7 of 12 agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2023-01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 28, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of August 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John Funk Chief Assistant City Attorney     City Council 23 – 66 10/17/2023 Resolution No. 2023-XXX Page 8 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2023. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana     City Council 23 – 67 10/17/2023 Resolution No. 2023-XXX Page 9 of 12 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2023-01 Density Bonus Agreement Application No. 2023-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-33. 2. Any amendment to the DP No. 2021-33, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. All mechanical equipment shall be screened from view from public and courtyard areas. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall provide for measures to address any parking shortages that may result from the project, with terms including but not limited to: a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and     City Council 23 – 68 10/17/2023 Resolution No. 2023-XXX Page 10 of 12 c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; 6. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 7. Walls and Fencing. a. The applicant shall construct a minimum six-foot (6') tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site, unless a conforming perimeter wall (minimum six-foot tall) already exists. Any new or existing perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating. 8. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. Prior to final occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the     City Council 23 – 69 10/17/2023 Resolution No. 2023-XXX Page 11 of 12 construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the     City Council 23 – 70 10/17/2023 Resolution No. 2023-XXX Page 12 of 12 property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the Certificate of occupancy.     City Council 23 – 71 10/17/2023 7/26/23, 8:30 AM . https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 DBA No. 2023-01 - 4th and Grand1212 E. Fourth Street Exhibit 2 - Vicinity Zoning and Aerial View ©2023 Digital Map Products.All rights reserved. Santa Ana Boundary Zoning 500 feet     City Council 23 – 72 10/17/2023 DBA-2023-01 – 1212 E. FOURTH STREET SITE PHOTOS EXHIBIT 3     City Council 23 – 73 10/17/2023 DBA-2023-01 – 1212 E. FOURTH STREET SITE PHOTOS EXHIBIT 3     City Council 23 – 74 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA 6' 8 3/4"46’-0”74' 0"5’-0”TRASH SERVICE NOTES: REFER TO SHEET E2 ”TRASH PICKUP EXHIBIT” FOR TECHNICAL DATA, NOTATIONS, AND TRASH TRUCK TURNING MOVEMENTS AND RADII. Transformer Pad 36” LOW PATIO WALL A02 100' 0"125’-0”CORRIDOR 160 sf Solid Waste Room 101 sf (4’-11” x 22’-8” clear) UTILITY 28 sf ELEV EQ 34 sf RESIDENT LOBBY 180 sf VAN ACCESSIBLE PARKING LINE OF BUILDING ABOVE 0 4 8 16 SCALE: 1/8”=1'-0" PLAN CR ELEV PLAN C LOBBY 253 sf PLAN E 684 sf MAILBICYCLE STORAGE 64 sf VAN ACCESSIBLE PARKING ILLUSTRATIVE SITE PLAN/FIRST FLOOR PLAN ILLUSTRATIVE SITE PLAN & BUILDING PLANS FRONT SETBACK REAR BUILDING SETBACK E. F O U R T H S T R E E T RESIDENT PARKING RESIDENT PARKING PROPERTY LINE & R.O.W. DRIVEWAY RESIDENT PARKING Van Accessible Parking Spaces 2 Standard Parking Spaces 15 (2 EV Included) Total Parking Spaces 17 6’ High Stucco Perimeter Wall On South, and East PL PARKING AISLE100’ - 0” M UB M M S FH L40’ 0”CL OF STREET FACE OF CURB EXISTING METERS ADJACENT ONE STORY AUTO SHOP Vacant Lot to the East north UP REFER TO SHEET S1 FOR FOOTPRINTS OF ADJACENT BUILDINGS15' 0"23’ - 0”23’ - 0”5' 0"6’ 0”15’-0” 55' 10 1/2"74’ 0”24' 0"46’-0”43' 4" PROPOSED ENTRY AWNING1’6”TEXTURED CMU WALL WITH ANTI-GRAFFITI COATING NOTE: ALL CONSTRUCTION WILL COMPLY WITH THE FOLLOWING GOVERNING CODES IN EFFECT AT THE TIME OF SUBMISSION OF CONSTRUCTION DOCUMENTS FOR BUILDING PERMIT. CURRENT GOVERNING CODES ARE: 2019 California Building Code (CBC), 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Energy Code, 2019 California Green Building Standards Code (CALGreen) Santa Ana Municipal Code (SAMC). UP BACKFLOW PREVENTER TRANSFORMER 46’-0”NOTE: REFER TO SHEET E1 ”ENGINEERED SITE PLAN” FOR TECHNICAL DATA, NOTATIONS, UTILITIES, EV LOCATIONS & DIMENSIONS AND PUBLIC WORKS INFORMATION NOT SHOWN HERE TRASH 3-yard bin 83”Wx47”Dx53”H RECYCLE 3-yard bin 83”Wx47”Dx53”H ORGANICS 3-yard bin 83”Wx47”Dx53”H 2’ PARKING SPACE OVERHANG OVER LANDSCAPE AREA NOTE: REFER TO SHEETS PL1 “LANDSCAPE CONCEPT PLAN” FOR HARDSCAPE LOCATIONS, AND LANDSCAPE INFORMATION NOT SHOWN HERE TTRANSFORMER PAD 4” ABOVE GRADE MAX. 15’ SIGHT DISTANCE TRIANGLE BOTH SIDES OF DRIVEWAY EGRESS NO OBSTRUCTIONS ABOVE 30” ABOVE GRADE ALLOWED EXISTING WALL TO REMAIN 56’ - 8” 36” LOW STUCCO PATIO WALL     City Council 23 – 75 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A03 0 4 8 16 SCALE: 1/8”=1'-0" PLAN D PLAN C PLAN BPLAN A CORRIDOR PLAN D PLAN C PLAN BPLAN A CORRIDOR ELEV DECK DECK DECK DECK Affordable Unit FOURTH FLOOR PLAN ROOF PLAN BUILDING PLANS & ROOF PLAN DN DN UP DN ELEV PV PANELS SECOND AND THIRD FLOOR PLAN DN UP DN UP ROOF HATCH FOR ROOF ACCESS ROOF HATCH & FOLDING PULL DOWN STAIR FOR ROOF ACCESS 6' 8 1/2"8' 9 3/4" Typical Dimensions for all decks     City Council 23 – 76 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A04 0 2 4 8 SCALE: 1/4”=1'-0" UNIT PLANS BEDROOM DINING LIVING BATH W/D PLAN A - STUDIO 546 SF 16' 10" 5 3/4"35' 6"PLAN B - STUDIO 617 SF 2' 8" BEDROOM DINING LIVING BATH W/D PLAN C - 1BR + WFH OFFICE 1BA 734 SF35' 6"26' 8"1' 0"BEDROOM LIVING BATH W/D DINING KITCHEN OFFICE LIN DECKSTOR 32’-6”25' 5"6' 8 1/2"8' 8 1/2" PLAN D - 2BR 2BA 894 SF BR 1 LIVING BA 2W/D DINING KITCHEN BR 2 LIN DECK DESK 6' 8 1/2"8' 8 1/2" BA 2 STOR 30' 4"     City Council 23 – 77 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA 25' 6 1/4"1' 2 1/4"33' 4 3/4"A05 0 2 4 8 SCALE: 1/4”=1'-0" UNIT PLANS BEDROOM DINING LIVING BATH KITCHEN PLAN E - 1BR 1BA 773 SF W/D PATIO 127sf W.I.C.     City Council 23 – 78 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA Signage Shown for Reference Only Stucco Cable Railing System Typ. A06 0 2 4 8 SCALE: 1/4”=1'-0" Stucco Roof Deck Board Formed Concrete Veneer Wood Composite Siding Wood Composite Siding Board Formed Concrete Veneer NORTH ELEVATION (E FOURTH STREET) FFLFFL Vinyl frame windows Cement Board Shiplap Siding Brick Veneer Metal Exit Door Stucco at stair tower ELEVATIONS 36” Low Stucco Patio Wall13’1”10' 1"10' 1"T PL FFL T PL FFL T PL FFLFG Top of Elevator Tower Beyond Metal Exit Stairs Metal Exit Gate 6’ Stucco Perimeter Wall Metal Awning51' 8 1/2"58’ 9”Stucco at Top Floor 10' 1"T PL FFL Top of Parapet     City Council 23 – 79 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA WEST ELEVATION Signage Shown for Reference Only Top of Tower Element Stucco Cable Railing System Typ. A07 0 2 4 8 SCALE: 1/4”=1'-0" Stucco Roof Deck Board Formed Concrete Veneer Wood Composite Siding Wood Composite Siding Board Formed Concrete Veneer Vinyl frame windows Cement Board Shiplap Siding Metal Louver Doors to Trash Room & Utility Room Stucco at stair tower beyond Brick Veneer 14' 3/4"9' 5 3/4"ELEVATIONS Stucco at Fourth Floor Stucco Example Art Mural Metal Signage Lettering Cement Board Shiplap Siding13’1”10' 1"10' 1"T PL FFL T PL FFL T PL FFLFG Top of Elevator Tower 51' 8 1/2"58' 9"10' 1"T PL FFL     City Council 23 – 80 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA SOUTH ELEVATION Signage Shown for Reference Only Top of Tower Element Stucco Cable Railing System Typ. A08 0 2 4 8 SCALE: 1/4”=1'-0" Stucco Roof Deck Board Formed Concrete Veneer Wood Composite SidingStucco Wood Composite Siding Vinyl frame windows Stucco at Building Base ELEVATIONS Cement Board Shiplap Siding Stucco at Elevator Tower 13’1”10' 1"10' 1"T PL FFL T PL FFL T PL FFLFG Top of Elevator Tower 51' 8 1/2"58' 7"10' 1"T PL FFL Metal Railing at Decks Top of Parapet     City Council 23 – 81 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA EAST ELEVATION Signage Shown for Reference Only Top of Tower Element Stucco Cable Railing System Typ. A09 0 2 4 8 SCALE: 1/4”=1'-0" Stucco Roof Deck Board Formed Concrete Veneer Wood Composite SidingStucco Wood Composite Siding Board Formed Concrete Veneer Graffiti Resistant Painted CMU at Property Line Wall ELEVATIONS Stucco at Elevator Tower Example Art Mural 13’1”10' 1"10' 1"T PL FFL T PL FFL T PL FFLFG Top of Elevator & Stair Tower 51' 8 1/2"58' 9"10' 1"T PL FFL     City Council 23 – 82 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A10PERSPECTIVE 1 - STREET VIEW FROM 4TH STREET     City Council 23 – 83 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A11PERSPECTIVE 3 - AERIAL VIEW SOUTHWEST PL CORNER     City Council 23 – 84 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A12PERSPECTIVE 3 - STREET LEVEL AT E FOURTH STREET     City Council 23 – 85 10/17/2023 05/08/2023 1212 E FOURTH STREET SANTA ANA, CA A13PERSPECTIVE 4 - VIEW AT E FOURTH STREET PROPERTY LINE     City Council 23 – 86 10/17/2023 LANDSCAPE DESIGN NOTES15' OPEN SITE LINE AT DRIVEWAY -PLANTING SHALL BE LESS THAN2FT TALL HERE TWO NEW STREET TREES TOMATCH EX. (24" BOX) 1. 2. 3. 4. IRRIGATION SHALL BE WATER CONSERVING AND CONFORMTO THE STATE OF CALIFORNIA AB1881 MWELOREQUIREMENTS. - MAGNOLIA 'ST MARY'S' PLANTS SHALL BE GROUPED INTO HYDROZONES WITHSIMILAR WATER NEEDS UTILIZING THE WUCOLS (WATERUSE CLASSIFICATION OF LANDSCAPE SPECIES) RATINGS. TRANSFORMER CONCRETE PAD -6" MAX ABOVE FINISHED GRADE LANDSCAPE DESIGN SHALL UTILIZE NATIVE OR DROUGHTTOLERANT PLANTS IN THE DESIGN COVERING A MINIMUMOF 75% OF LANDSCAPED AREAS.PROP TRANSFORMER - LOCATIONOUTSIDE OF SIGHT DISTANCE TRIANGLE STAIR NO INVASIVE SPECIES SHALL BE PLANTED ON SITE.INVASIVE SPECIES ARE THOSE DEFINED BY THECALIFORNIA INVASIVE PLANT COUNCIL (CAL-IPC) - FOUNDAT HTTPS://WWW.CAL-IPC.ORG/. 15'ENHANCED PAVING AT DRIVEWAYENTRANCE - PERMEABLE PAVERS (TYP) LOBBY FIBERGLASS TROUGHSDEFINE BLDG ENTRANCE PLAN E2'5. 6. 7. ALL LANDSCAPE AREAS SHALL HAVE A MINIMUM 3" COVEROF WOOD MULCH OR OTHER INORGANIC MATERIALS. 23'DRIVEWAY 36" HT LOW STUCCO WALLENCLOSED REISENTIAL PATIO LANDSCAPE DESIGN SHALL INCLUDE A HIGH EFFICIENCYIRRIGATION SYSTEM WITH SMART IRRIGATION CONTROLS. 4'BACKFLOW ASSEMBLY LANDSCAPE SHALL COMPLY WITH TZC SECTION 41-2022 (g)WHENEVER POSSIBLE. BICYCLESTORAGESTAIREXISTING BLOCK WALL ON WESTERNPROPERTY LINE TO REMAIN ELEVCORRIDOR CONCRETE PAVING (TYP)UTILITY VERTICAL EVERGREEN SHADE TREE (24" BOX) PLAN CR PLAN C PERMEABLE PAVERS (TYP) LOW FOUNDATION PLANTING - MELALEUCA QUINQUINERVIA- BRACHYCHITON POPULNEUS- LOPHOSTEMON CONFERTUS3'-6" PLANTING WIDTH ASPHALT PAVING (TYP)1'-6" PARKING SPACEOVERHANG (TYP)ASPHALT PAVING (TYP)DECORATIVE SPLIT-FACE BLOCKWALL WITH ANTI-GRAFFITICOATING ON SOUTH AND EASTPROPERTY LINESTWO COMPACT SPACES NO PARKING - TURNAROUND ZONELARGE DECIDUOUS SHADE TREE(36" BOX) EV CHARGING STATION VINES ON HORIZONTAL METAL PANELSATTACHED TO NEW BLOCK WALL INNARROW PLANTER - PISTACHIA CHINENSIS- ZELKOVA SERRATA SITE PLAN 0'4'8'16'32'PREPARED UNDER THE DIRECTION OF LICENSEDLANDSCAPE ARCHITECT - MARK BEALL RLA #3640 PL-1 SANTA ANA, CA 12/14/202205/09/2023 REV LANDSCAPE CONCEPT7033 W Sunset Blvd, Suite 216 Los Angeles, CA 90028-7525 Telephone: 323-683-1450 Email: info @ mbeall.com     City Council 23 – 87 10/17/2023 SCHEMATIC PLANT PALETTETREES HEIGHTAT 15YRS WUCOLS H20 MATURE MATURECANOPY HEIGHT SIZE BOTANICAL NAME COMMON NAME24 " box Brachychiton populneus 24" box Lophostemon confertus Bottle Tree L M M L 30' 25'- 30' 35'- 40' 25' 20'- 25' 35' Brisbane Box24" box Magnolia grandifolia 'St Mary's' 24" box Melaleuca quinquenervia 36" box Pistacia chinensis St Mary's Southern Magnolia Cajeput Tree 20'20'25'25' 20'- 25' 35'Chinese Pistache M L 25' 30' 40'40'36" box Zelkova serrata 'Green Vase'Saw Leaf Zelkova 50' 40'- 50' TALL SHRUBS15 gallon Cordyline australis 'Bronze' 15 gallon Laurus nobilis15 gallon Myrsine africana Bronze Australian Grass TreeBay Laurel L L LENTRY ACCENT POTSVINES ON METAL SCREEN African BoxwoodZELKOVA SERRATA (SAW LEAF ZELKOVA)MEDIUM SHRUBSBRACHYCHITON POPULNEUS (BOTTLE TREE)5 gallon Olea europaea 'Dwarf' 5 gallon Rhapiolepis umbellata 'Minor' Dwarf Olive L LDwarf Yeddo HawthornMELALEUCA QUINQUENERVIA (CAJEPUT TREE)GRASSES AND ACCENTS2 gallon Dianella revoluta 'Little Rev' 5 gallon Lomandra longifolia 'Breeze' 5 gallon Muhlenbergia rigens Little Rev Flax Lily L LMat RushDeer GrassPurple Heart L1 gallon Setcreasea 'Purple Heart' M SUCCULENTSENTRY TROUGH PLANTERS 5 gallon Aeonium 'Pseudotabliforme'5 gallon Aloe barbadensis1 gallon Sedum nussbaumerianum5 gallon Senecio vitalis Green Platters L L L L Yellow Torch AloeCopper StonecropNarrowleaf Chalksticks VINES5 gallon Lonicera japonica 5 gallon Pandorea jasminoides 'Pink' Sweet Honeysuckle Pink Bower Vine L M PISTACIA CHINENSIS (CHINESE PISTACHE) LOPHOSTEMON CONFERTUS (BRISBANE BOX) MAGNOLIA 'ST MARYS' (SOUTHERN MAGNOLIA)OLEA EUROPAEA 'LITTLE OLLIE' (DWARF OLIVE) SETCREASEA PALLIDA 'PURPLE HEART' (PURPLE HEART) CORDYLINE AUSTRALIS VAR. (CABBAGE TREE)PANDOREA JASMINOIDES 'PINK' (PINK BOWER VINE) AEONIUM 'PSEUDOTABULIFORME' (GREEN PLATTERS) RHAPHIOLEPIS UMBELLATA 'MINOR' (DWARF YEDDO HAWTHORN)ALOE BARBADENSIS 'YELLOW TORCH ALOE) DIANELLA REVOLUTA 'LITTLE REV' (DWARF FLAX LILY)LOMANDRA LONGIFOLIA 'BREEZE' (MAT RUSH) LAURUS NOBILIS (BAY LAUREL) SENECIO VITALIS (BLUE CHALKSTICKS) LONICERA JAPONICA (HONEYSUCKLE)MYRSINE AFRICANA (AFRICAN BOXWOOD)SEDUM NUSSBAUMERIANUM (COPPER STONECROP)MUHLENBERGIA RIGENS (DEER GRASS)PL-2 SANTA ANA, CA 12/14/2022 PLANT PALETTE & IMAGERY 7033 W Sunset Blvd, Suite 216 Los Angeles, CA 90028-7525 Telephone: 323-683-1450 Email: info @ mbeall.com     City Council 23 – 88 10/17/2023 1 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council ________________________________________________________________________ Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT (1212 E. Fourth Street, Santa Ana, California; APN: 398-385-02) This DENSITY BONUS HOUSING AGREEMENT (“Agreement”), made and entered into this day of , 2023 (“Effective Date”), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Unison Real Estate Group, LLC, a California Limited Liability Company (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.” RECITALS A.Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 1212 E. Fourth Street, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”). B.Developer is proposing to develop a residential development consisting of no more than fifteen (15) residential rental units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2023-1 (“Project”). Without the density bonus, Developer would only be permitted to build twelve (12) units on the Property. C.Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who guarantee that a portion of their residential development will be available to low income, very-low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very-low income, low income and senior households throughout the city. D.The Project is proposing a total number of fifteen (15) residential rental units, including one (1) unit for very-low income households. Pursuant to California Government Code     City Council 23 – 89 10/17/2023 2 Sections 65915 (p)(1)(A) and 65915 (p)(1)(B), the Project will provide seventeen (17) total onsite parking spaces or 1.1 spaces per unit at a ratio of one (1) stall for studio or one-bedroom units, and one and one-half (1.5) stalls for two-bedroom units. No additional parking concession is requested or provided. E.The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be a “housing development” as defined in the State Density Bonus Law. F.In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(A) and 65915(e)(1), the City has determined to grant Developer’s application for one (1) concession and four (4) waivers. G.This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed one-twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as defined below in Section 1.1.19. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi-Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 “Affordable Rent Schedule” means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Very-Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit (“Initial Rent Schedule”) and shall     City Council 23 – 90 10/17/2023 3 be created in accordance with the Orange County, California Primary Metropolitan Statistical Area (“PMSA”) as published by the California Department of Housing and Community Development (“HCD”), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" means one (1) unit, which shall be comprised of one (1)one-bedroom unit for Very-Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.7 "City" means the City of Santa Ana, California 1.1.8 "City Council" means the City Council of the City of Santa Ana. 1.1.9 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.10 "City Manager" means the City Manager for the City of Santa Ana. 1.1.11 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.12 ''Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.14 "Developer" means Unison Real Estate Group, LLC, a California Limited Liability Company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.15 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein. 1.1.16 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a “Very-Low Income Tenant” as defined herein. 1.1.17 “Extremely-Low Income Tenant” means persons and families whose income does not exceed thirty (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.1.18 "Household" means all persons residing in a Unit. 1.1.19 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.     City Council 23 – 91 10/17/2023 4 1.1.20 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.21 "Project" means that certain affordable residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.24 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.25 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.1.26 “Very-Low Income Tenant” means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. Very-Low Income Tenant shall include a household that qualifies as an Extremely Low-Income Household. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A – Legal Description of the Property 1.2.2 Exhibit B – Tenant Verification 1.2.3 Exhibit C – Annual Tenant Recertification 1.2.4 Exhibit D – Annual Rental Housing Compliance Report 1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property     City Council 23 – 92 10/17/2023 5 2.DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as a fifteen (15) unit rental residential community, with one (1) Affordable Unit for Very-Low Income Tenants. 2.2 Density Bonus. The Project shall have fifteen (15) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is utilizing a twenty-seven-and-a-half percent (27.5%) density bonus increase provided by the State Density Bonus Law (12 Base Units x 27.5% = 4 State Density Bonus Units) for a total of sixteen (16) units. However, Developer is only proposing fifteen (15) Units, so Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional State and/or City Density Bonus Units on the Property. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application No. DBA-2023-1 for the Project: 2.3.2 Concession. In accordance with Government Code Section 65915(d)(1), Developer is granted a concession for relief from the requirement for ground floor retail or services, as set forth in Santa Ana Municipal Code § 41-2007. 2.3.3 Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers: (a)The height limitation set forth in Santa Ana Municipal Code § 41-2013(a) is waived to the extent the building height for this Project may be up to fifty-one (51) feet and nine (9) inches and four (4) stories. (b)The maximum allowable building size and massing ratio set forth in Santa Ana Municipal Code § 41-2022(i)(5) are waived to the extent that the second through fourth floor will exceed the maximum allowable building size and massing ratio, and are 97.9-percent of the ground floor’s volume. (c) The open space requirements set forth in Santa Ana Municipal Code § 41- 2022(f) are waived such that the Project shall not be required to provide common open space in the form of a courtyard or in the front as a forecourt, and only five-hundred ninety-one (591) square feet of private open space will be required in the form of private decks for nine (9) Units. (d)The requirement for a landscape buffer set forth in Santa Ana Municipal Code § 41-2020(6) is waived to the extent that a two (2) foot landscape buffer will be provided along the western property line, instead of the required five (5), and no landscape planters will be provided on the surface parking lot. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Sections 65915 (p)(1)(A) and 65915 (p)(1)(B). No parking concession is     City Council 23 – 93 10/17/2023 6 requested or provided. The Project will provide 17 total onsite parking spaces or 1.1 spaces per unit at a ratio of one (1) stall for studio or one-bedroom units, and one and one-half (1.5) stalls for two-bedroom units. 2.4 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3, and the parking requirements set forth in section 2.4, above fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than fourteen (14) Unrestricted Units comprised of six (6) studio units, five (5) one bed-room units and three (3) two-bedroom units. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than one (1) Unit, which shall be comprised of one (1) one-bedroom unit designated as an Affordable Unit pursuant to the terms and conditions of this Agreement. The Affordable Unit shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.7 Minimum Development Standards for Affordable Units. The Affordable Unit shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.     City Council 23 – 94 10/17/2023 7 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3.AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City. 3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.     City Council 23 – 95 10/17/2023 8 3.3 Levels of Affordability. 3.3.1 Very Low Income Tenants. Developer covenants that no less than one (1) Affordable Unit in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household, at an Affordable Rent. 4.OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of $2,768.25, will be charged to the Developer and must be paid prior to execution of this Agreement. 4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property for no longer than the Total Affordability Term, and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. 4.4.1 Written Notification. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over- occupancy; has been placed on a waiting list for up to one-hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. 4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall     City Council 23 – 96 10/17/2023 9 conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as a rental housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 hours’ notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit (“Affordable Unit Lease Agreement”) for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household’s right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.8 Selection of Tenants. 4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.8.3 All applicants will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of rental applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information     City Council 23 – 97 10/17/2023 10 deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein. 4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.9 Income Verification and Certification. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.9.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report (“Annual Compliance Report”) shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City’s review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household’s gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken: (a)The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an     City Council 23 – 98 10/17/2023 11 Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b)If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer’s election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household. (c)Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract. 4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Developer’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to one (1) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record. Developer shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Owner of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property.     City Council 23 – 99 10/17/2023 12 4.12 [Intentionally Reserved] 4.14 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.15 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions: a.Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; b. Requiring routine unit inspections; c.Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and d.Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well-lit, kept clean, etc.). Developer shall submit and obtain approval from the City’s Planning and Building Agency (“PBA”) that the CFH Plan meets the requirements of this Subsection 4.15 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager. 4.16 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. a.Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b.Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c.Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.     City Council 23 – 100 10/17/2023 13 Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the “PMP”) including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.17 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project (“Marketing Program”). The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.17.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 5.[INTENTIONALLY RESERVED] 6.TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the building in which the Affordable Units are located. 7.DEFAULT AND TERMINATION; INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.     City Council 23 – 101 10/17/2023 14 7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitees. 8.ASSIGNMENT; COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assignments. Except as authorized in this Section or Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, without City's prior written approval, which shall not be unreasonably withheld, conditioned or delayed (“Permitted Transfer”); provided, however, Developer shall have the right without City’s prior written approval to transfer or assign the Property, Project and/or Developer’s rights and obligations in this Agreement to any entity that is controlled by, or is under common control with, Developer, and Developer shall thereafter be released from any future obligations under this Agreement. In connection with Permitted Transfer, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City in its reasonable discretion and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to compensate the City for approximate expenses incurred by Developer to City, as applicable, for the City’s review of the request. Upon the delivery of the assignment and assumption agreement as provided for above for a Permitted Transfer, or in the event of a sale of the Property as provided for in Section 8.1.1, Developer shall be released from any future obligations under this Agreement. 8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute     City Council 23 – 102 10/17/2023 15 covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 8.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9.MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.     City Council 23 – 103 10/17/2023 16 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient’s reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.0. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Unison Real Estate Group, LLC 18952 MacArthur Blvd Suite 210 Irvine, CA 92612     City Council 23 – 104 10/17/2023 17 Attention: Oscar Uranga 9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.     City Council 23 – 105 10/17/2023 18 9.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.     City Council 23 – 106 10/17/2023 19 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the     City Council 23 – 107 10/17/2023 20 prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on following page}     City Council 23 – 108 10/17/2023     City Council 23 – 109 10/17/2023 22 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 3 AND 4 IN BLOCK "A" OF "SANTA ANA INVESTMENT COMPANY TRACT NO. 1 HUMPHREY'S ADDITION TO SANTA ANA", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-385-02     City Council 23 – 110 10/17/2023 EXHIBIT “B” Income Verification Form Page 1 Santa Ana, California INCOME VERIFICATION FORM Inclusionary Unit Address: ________________________________________________________________ Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Work: Cell: Email address: Date of Birth: Social Security # or TIN: Household Composition List All Household Members Living in the Inclusionary Unit Name Sex Age Dependent (Y/N) Social Security # or Taxpayer ID # List additional household members on a separate sheet of paper.     City Council 23 – 111 10/17/2023 EXHIBIT “B” Income Verification Form Page 2 Santa Ana, California INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Head of Household Other Household Members Total 1. Gross wages, before payroll deductions and including overtime pay, commissions, fees, tips and bonuses. $ $ $ 2. Net income from self employment, independent contractor work or a business. $ $ $ 3. Social security and any payments from annuities, insurance policies, pension/retire ment funds, disability or death benefits received periodically. $ $ $ 4. Payment in lieu of earnings, such as unemployment, disability compensation, worker’s compensation and severance pay. $ $ $ 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of members of the Armed Forces $ $ $ 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income     City Council 23 – 112 10/17/2023 EXHIBIT “B” Income Verification Form Page 3 Santa Ana, California INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Head of Household Other Adult Household Members Total Household Investment Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and bonds $ $ $ 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $_______________ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount act ually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.     City Council 23 – 113 10/17/2023 EXHIBIT “B” Income Verification Form Page 4 Santa Ana, California INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of Household Other Adult Household Members Total Value of Assets Value Value 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $______________________ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.     City Council 23 – 114 10/17/2023 EXHIBIT “B” Income Verification Form Page 5 Santa Ana, California INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $___________ Calculation of the Household’s Total Annual Income Total Annual Household Gross Earned Income $ Total Investment Income to be Included in Annual Household Income $ Total Household Income $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Bank/Savings account verification Employment verification Self-employment verification Three years Income tax returns for Title Holders Unemployment verification Social security verification Welfare verification Alimony/child support verification Disability income verification Other (Describe)     City Council 23 – 115 10/17/2023 EXHIBIT “B” Affidavit Page 6 Santa Ana, California AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by _____________ and the City of Santa Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above . (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase cont ract and sell the Inclusionary Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ______________________ ,Santa Ana, California. Signature Date Printed Name Executed at __________________________________, Santa Ana, California Signature Date Printed Name Executed at __________________________________, Santa Ana, California     City Council 23 – 116 10/17/2023 ATTACHMENT C-2 ANNUAL TENANT INCOME VERIFICATION FORM Administrative Procedures Manual Rental Residential Development April 27, 2023 Exhibit C     City Council 23 – 117 10/17/2023 TENANT INCOME VERIFICATION FORM 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREAT ION ORDINANCE CITY OF SANTA ANA Table 1: Annual Household Gross Earned Income 1 List All Sources of Earned Income for all Adult Household Members Living in the lnclusionary Unit Other Adult Head of Household Household Members Total 1.Gross amount, before payroll deductions of $ $ $ wages, salaries, overtime pay, commissions, fees, tips and bonuses 2.Net income from business $ $ $ 3.Social security, annuities, insurance policies, $$ $ pension/retirement funds, disability or death benefits received periodically 4.Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay 5.Public assistance, welfare payments $ $ $ 6.Alimony, child support, other periodic $ $ $ allowances 7.Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8.Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income 1 The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostlle fire; relo cation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Administrative Procedures Manual Rental Residential Development Page 1 April 27, 2023     City Council 23 – 118 10/17/2023 Table 2A: Household Assets 2 list the Value of All Assets Owned by all Adult Household Members Living in the lnclusionary Unit Other Adult Head of Household Return@ 10% Household Members Total of Total 1.Bank & savings accounts $ $ $ $ 2.Stocks and bonds $ $ $ $ 3.Real property $ $ $ $ 4.Other $ $ $ $ Table 2B: Income Earned Annually from Household Assets List the Actual Annual Return on All Assets Owned by all Adult Household Members Living in the lnclusionary Unit Other Adult Head of Household Household Members Total 1.Bank and savings acc ounts $ $ $ 2.Stocks and bonds $ $ $ 3.Real property $ $ $ 4.Other $ $ $ The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page: 2 Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. Under California Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 2 April 27, 2023     City Council 23 – 119 10/17/2023 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10%Annual Return to be Return Actual Return Applied 1.Bank and savings accounts $ $ $ 2.Stocks and bonds $ $ $ 3.Real property $ $ $ 4.Other $ $ $ Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following: Table 3: Calculation of the Household's Total Annual Gross Income Annual Household Gross Earned Income (Table 1) Annual Asset Income (Table 2C) Total Annual Household Gross Income Income Documentation $ $ $ Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods Bank/Savings account verification Employment verification Income tax return Social security verification Alimony/child support verification other (Describe) Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Self-employment verification Unemployment verification Welfare verification Disability income verification Page 3 April 27, 2023     City Council 23 – 120 10/17/2023 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the _____ City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an lnclusionary Unit loca ted at __________ ,Santa Ana, California. Signature Date Printed Name Executed at ______________ __, Santa Ana, California Signature Date Printed Name Executed at ______________ __, Santa Ana, California Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 1 April 27, 2023     City Council 23 – 121 10/17/2023 ATTACHMENT C-3 NO INCOME CERTIFICATION Administrative Procedures Manual Rental Residential Development April 27, 2023     City Council 23 – 122 10/17/2023 NO INCOME CERTIFICATION FOR HOUSEHOLD MEMBER I, ______________ (NAME) certify that as of ________ (DATE), I am not receiving any type of income including, but not limited to, wages and salaries, overtime pay, commissions, fees, tips, bonuses, or any other compensation for personal services, net income from the operation of a business or profession, diVidends or interest, net income from any kind of real or personal property, Social Security, annuities, retirement funds, pensions, death or disability benefits, unemployment or disability compensation, workers compensation, severance pay, welfare or other public assistance, alimony, or child support. By this Certification, I declare under penalty of perjury that all of the foregoing information is true and correct. Misrepresentation or misstatement may be a violation of law that could result in a fine, criminal penalty or a default on the lnclusionary Housing Regulatory Agreement made in conjunction with the rental of this lnclusionary Unit. Signature Print Name Date Administrative Procedures Manual Rental Residentlal Development Page 1 April 27, 2023     City Council 23 – 123 10/17/2023 Project Name:Date: Project Address:Reporting Period: Total Number of Units in the Project:Number of Very Low Income Units: Compliance Report Completed By: Phone Number: Unit # Household Name Household Size Household Income Number of Bedrooms Gross Rent Utility Allowance Other Mandatory Payments Net Rent Date First Occupied Date of Last Income Recertification CITY OF SANTA ANA ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT Calculation of Net Monthly Rent Minus: 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE Administrative Procedures Manual: Rental Residential Development Page 1 8/22/2023 Exhibit D     City Council 23 – 124 10/17/2023 Administrative Procedures Manual: Rental Residential Development Page 2 8/22/2023     City Council 23 – 125 10/17/2023 EXHIBIT E NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN that the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, has entered into a Density Bonus Agreement with Unison Real Estate Group, a California Limited Liability Company (“Property Owner”). The Density Bonus Agreement imposes income and affordability covenants for an affordable housing project with fifteen (15) units (“Project”) located at 1212 E. Fourth Street, Santa Ana, Orange County, Assessor’s Parcel Number 398-385- 02, and further described in the legal description provided in Exhibit A to the Density Bonus Agreement. The Density Bonus Agreement was recorded as Document/Instrument Number [TO BE INSERTED], and shall remain in effect until fifty five (55) years from the date a certificate of occupancy is issued for all units in the Project. Among other things, the Density Bonus Agreement requires as follows: (a) one (1) one-bedroom unit (the “Affordable Unit”) shall be restricted for occupancy to a household that qualifies as a “Very-Low Income Tenant,” which is defined to mean a household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, and (b) the rent for the Affordable Unit shall not exceed one-twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as adjusted to reflect a reasonable utilities allowance. In the event the Property Owner wishes to sell or transfer the Project during the Affordability Period, the City and the Property Owner shall execute and deposit into escrow this Notice of Affordability Covenants on Transfer of the Property. The sale or transfer of the Property shall not be effective unless and until the City and transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Property Owner to the transferee. This Notice of Affordability Covenants on Transfer of the Property in no way modifies the provisions of the Density Bonus Agreement. In the event of any conflict between this Notice of Affordability Covenants on Transfer of the Property and the Density Bonus Agreement, the terms of the Density Bonus Agreement shall prevail. IN WITNESS WHEREOF, the Parties hereto have duly executed this Notice of Affordability Restrictions on Transfer of Property as of the dates set forth below. [Signatures on Following Pages]     City Council 23 – 126 10/17/2023 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation By: _______________________ Name: Kristine Ridge Its: City Manager_____________ Date: ________________________ APPROVED AS TO LEGAL FORM: By: ________________________     City Council 23 – 127 10/17/2023 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY PROPERTY OWNER: UNISON REAL ESTATE GROUP A LIMITED LIABILITY COMPANY By:_______________________ Name: Oscar Uranga Its: Date: ________________________     City Council 23 – 128 10/17/2023 Density Bonus Agreement Application No. 2023-01, “4th and Grand” 1212 E. Fourth Street The 2010 Transit Zoning Code EIR and Technical Appendices are available online at: https://www.santa-ana.org/environmental-impact-report-transit-zoning-code/ Or by visiting: Planning and Building Agency – Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Exhibit 10 – 2010 Transit Zoning Code EIR     City Council 23 – 129 10/17/2023 O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 1212 E Fourth Street 08/16/2023 Publication Total $124.00 $124.00 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3730166 !A000006382797! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions . Planning Commission Action: The Planning Commission 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 unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 1212 East Fourth Street located within the Corridor (CDR) district of the Transit Zoning Code/Specific Development No. 84 (SD84). Project Applicant:Oscar Uranga with Unison Real Estate Group, LLC (Applicant and Property Owner) Proposed Project:Applicant is proposing to construct a 15-unit rental residential development, with one unit proposed as affordable to very-low income households. In order to facilitate the construction of the project, the applicant is requesting approval of Density Bonus Agreement (DBA) No. 2023-01 to utilize waivers from development standards and/or development concessions as permitted pursuant to California Government Code sections 65915 through 65918 as implemented by the Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption, Environmental Review (ER) No. 2022-04 will be filed for this project. Meeting Details:This matter will be heard on Monday, August 28, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701.Members of the public may attend this meeting in person or join via Zoom.For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and- building-meeting-participation/. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m.on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 8/16/23 OR-3730166#     City Council 23 – 130 10/17/2023 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission 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 unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 1212 East Fourth Street located within the Corridor (CDR) district of the Transit Zoning Code/Specific Development No. 84 (SD84). Project Applicant: Oscar Uranga with Unison Real Estate Group, LLC (Applicant and Property Owner) Proposed Project: Applicant is proposing to construct a 15-unit rental residential development, with one unit proposed as affordable to very-low income households. In order to facilitate the construction of the project, the applicant is requesting approval of Density Bonus Agreement (DBA) No. 2023-01 to utilize waivers from development standards and/or development concessions as permitted pursuant to California Government Code sections 65915 through 65918 as implemented by the Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption, Environmental Review (ER) No. 2022-04 will be filed for this project. Meeting Details: This matter will be heard on Monday, August 28, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building- meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.     City Council 23 – 131 10/17/2023 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa-ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP     City Council 23 – 132 10/17/2023 From:Linda Arriaga To:eComments, PBA Subject:1212 E. Fourth Street - Transit Zoning Code/Spec Dev No. 84 (SD84) Date:Sunday, August 27, 2023 11:57:35 PM Matter to be heard on: Monday, August 28, 2023 at 5:30 p.m. City Council Chambers My name is Linda Arriaga, I reside at 1215 E. 3rd Street, Santa Ana, CA 92701. I have lived at this address for over 20 years. My parents where the previous owners. My father was Frank Rodriguez, the first Hispanic police officer hired by the Santa Ana Police Department. My property is directly behind the property (1212 E. Fourth Street) that applicants (Oscar Uranga and Unison Real Estate Group, LLC) are proposing to construct a 15-unit rental residential property. This is my concern with building a 15-unit rental residential on this property. First, the congestion it would cause. It is near the corner of 4th and Grand Ave. This intersection has had numerous accidents; the parking alone would not be enough, thereby causing residents from this 15-unit to come and park on our street (1215 E. 3rd Street). We have several homeowners renting out rooms to individuals already causing limited parking. You figure 15 apartments times the number of people living in these apartments, not including renting out rooms to others, in order for these folks to pay for rent. Is too much. Should you chose to approve this project, this is to place the City of Santa Ana on notice of the propensity of a major accident to happen because of the congestion. Was a legal assistant for over 48 years, 10 of those years working for attorneys who represented several public entities and saw a lot of accidents the city could have prevented. Thank you for allowing me the opportunity to voice my concerns. Sincerely Linda Arriaga Sent from my iPad     City Council 23 – 133 10/17/2023 From: Lindo, Jared@DOT <Jared.Lindo@dot.ca.gov> Sent: Saturday, August 26, 2023 1:45 PM To: Imani, Mehrsa@HCD <Mehrsa.Imani@hcd.ca.gov>; Pezeshkpour, Ali <APezeshkpour@santa- ana.org> Subject: 1212 E Fourth Street Application TZC/CDR zoning requirements Dear Mehrsa Imani, Ali Pezeshkpour, The purpose of this letter is to halt any approval to modification of zoning requirements and to adhere to the development requirements of a first floor commercial/mixed use zoning at the subject property. This is in response to the attached letter sent to the City of Santa Ana Planning Manager on 4/27/2023 referencing 1212 E Fourth Street Application – Letter of Technical Assistance. The letter outlines the timeline of project phases and highlights the local governments reluctance to provide timely review and responses to both the applicants Phase 1: Applicants Submittal to Application Completeness Determination, and Phase 2: Application Completeness Determination to Project Consistency Determination. I find that both of these review processes would have been critical reviews based on the applicants request for concessions to reduce, modify or eliminate development standards and zoning code requirements.     City Council 23 – 134 10/17/2023 In light of the letter where its written that a concession may be sought not only to modify a zoning code requirement where: “First the applicable zoning classification is simply “multi-family dwellings” (i.e., not “MixedUse”). Second, the ground floor commercial requirement is subordinate in function to the primary zoning classification of “Multi-Family Dwellings,” relating primarily to the location of the commercial floor area”.” This does not correctly describe the subject projects zoning classification, where as, in review of the City of Santa Anas Zones Established & Uses document (April 28 2022) and stated in the attached letter, the project location is zoned as Transit Zoning Code (TZC) and Corridor (CDR) Zone, which defines CDR as: “This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian-orientation in a transit-supportive, mixed use area. Mixed-use flex block and live-work building types are at or near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above….” Therefore, the project is zoned as CDR, meaning the project needs to comply to is zoning requirements and include first floor commercial. Altering the zoning of this corner is not consistent with the adjacent zoning and use of the adjacent and surrounding properties of the area. These properties are for mixed-use and live-work spaces making the primary function of such developments first floor commercial and upper story dwellings subordinate to the first floor commercial use. Using the State Density Bonus Law (SDBL) to modify zoning away from commercial local need is an overreach. The SDBL directive of “shall be interpreted liberally in favor of producing the maximum number of total housing units” does not mean to increase housing by altering exiting zoning, reduce local jobs, reduce local businesses, and reduce local resources for residents in the local and regional area. This zoning is also in place to protect the resources available to the greater regional area due to its proximity of local and regional transit as part of the TZC zone. Noting that the “the cost of adding an additional story to the building to meet the ground floor commercial requirement and providing 16 units is presumably economically infeasible” would not be sufficient justification since the property location per code is only allotted 12 units per is size allotment and any allowed units using an incentive to grant is just that, an incentive. An reduction in an incentive should not be justification enough to replace a zoning standard and itself be the reason for first floor commercial exceptions. The applicant will be granted the additional 4 units per the SDBL which it is entitled, however it is up to the applicant to incorporate the incentive or not. The applicant has demonstrated that they can incorporate 2 of the 4 SDBL incentive units while adhering to the first floor mixed use zoning requirements meaning that there is no need for an additional floor nor is it infeasible as the letter states. I did read that this project is either determined or seeking Environmental Categorically Exempt (CE) CEQA determination. If this is the case, I believe that any consideration in an exception to local zoning would violate CE/CE determination and require a revalidation and trigger an Initial Study Mitigated Negative Determination (IS/MND) or Environmental Impact Report (EIR). Where local community members would have the opportunity to comment and review. Thank you for your consideration. If you have any questions please feel free to reach out to me.     City Council 23 – 135 10/17/2023 Jared Lindo, PE     City Council 23 – 136 10/17/2023 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov April 27, 2023 Ali Pezeshkpour, Planning Manager City of Santa Ana Planning Division 20 Civic Center Plaza Santa Ana, CA 92701 Dear Ali Pezeshkpour: RE: 1212 E Fourth Street Application – Letter of Technical Assistance The purpose of this letter is to provide technical assistance to the City of Santa Ana (City) regarding the application for a proposed housing project to be located at 1212 E Fourth Street (Project). The California Department of Housing and Community Development (HCD) received a request for technical assistance regarding the subject Project, and the determination of application completion and consistency pursuant to the Permit Streamlining Act (PSA) (Gov. Code, § 65920 et seq.), the Housing Accountability Act (HAA) (Gov. Code, § 65589.5), and the State Density Bonus Law (SDBL) (Gov. Code, § 65915 et seq.). Additionally, the request asks if the Project will be subject to the City’s recently amended inclusionary zoning ordinance, named the Affordable Housing Opportunity and Creation Ordinance (AHOCO). HCD understands that the proposed Project will create a total of 14 units, including one unit dedicated to very low-income (VLI) households. The Project site has a general plan land-use designation of Urban Neighborhood-Medium, allowing residential densities of up to 40 dwelling units per acre (du/ac). The site is zoned Transit Zoning Code (TZC) / Corridor Zone (CDR). The Project’s zoning classification is “Multi-Family Dwellings.”1 Under the SDBL, the Project’s base density is 12 units (0.287 acres x 40 du/ac, rounded up per Gov. Code, § 65915, subd. (q)). The applicant is providing eight percent VLI units (one unit) to earn a 27.5-percent density bonus (four units). While entitled to four units, the applicant has chosen to incorporate only two bonus units. The Project seeks concessions and development standard waivers pursuant to the SDBL. 1 Transit Zoning Code (TZC), Section 41-2007, Table 2A – Use Standards.     City Council 23 – 137 10/17/2023 Ali Pezeshkpour, Planning Manager Page 2 Project Timeline This letter presents the Project’s permitting history in three distinct phases, punctuated by key milestones, to present the information in the clearest way possible. Phase 1: Application Submittal to Application Completeness Determination On November 10, 2021, the applicant submitted the full development application. Under the Permit Streamlining Act, local governments have 30 calendar days after the development application submittal to inform the applicant of whether the application is complete. If the local government does not inform the applicant of any deficiencies within that 30-day period, the application will be “deemed complete,” even if it is deficient (Gov. Code, § 65943, subd. (a)).2 The City failed to inform the applicant in writing that the application was not complete by December 10, 2021 (i.e., 30 days from the date of submittal). Therefore, on December 10, 2021, the application was deemed complete by operation of law. Phase 2: Application Completeness Determination to Project Consistency Determination The HAA requires that for housing development projects containing 150 or fewer housing units, the local agency has 30 days from the date the development application is deemed complete to provide the applicant with written documentation of any inconsistency, incompliance, or inconformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision (Gov. Code, § 65589.5, subd. (j)(2)(A)(i)). If the local agency does not provide written documentation of such findings within 30 days, the development project shall be deemed consistent, compliant, and in conformity of the applicable plan, ordinance, and standards (Gov. Code, § 65589.5, subd. (j)(2)(B)). The City failed to inform the applicant in writing of any inconsistencies by January 9, 2022 (i.e., 30 days from the date that the application was deemed complete by operation of law). Therefore, on January 9, 2022, the Project was deemed consistent and compliant with the applicable plan, ordinance, and standards by operation of law. On the same date, the Project became vested under the HAA (Gov. Code, § 65589.5, subd. (j)(1)). Note that the Project’s vesting is not based on the submittal of a Preliminary Application (Gov. Code, § 65941.1) because the applicant did not submit a Preliminary Application. The Project’s vesting occurred when the application was deemed consistent by operation of law (Gov. Code, § 65589.5, subd. (h)(5)). 2 See also Housing Accountability Act Technical Assistance Advisory Memo, dated September 15, 2020, Page 8.     City Council 23 – 138 10/17/2023 Ali Pezeshkpour, Planning Manager Page 3 Phase 3: Project Consistency Determination to Project Consideration Nine days after the Project was deemed consistent by operation of law, on January 18, 2022, the City sent the applicant its first letter regarding the Project. The letter confirmed the application submittal date of November 18, 2022 and provided a list of required modifications to the design of the Project. It is apparent from the length and level of detail in the letter that its purpose was related to Project consistency and not application completeness. Throughout the following year, the applicant continued to revise the Project while periodically receiving inconsistency letters from the City. The most recent letter from the City to the applicant, dated March 15, 2023, states that the project “has met the requirements and conditions of the City’s Development Review (DRC) to complete the Development Project Review process” – except for the singular issue of compliance with the AHOCO. Santa Ana’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) HCD understands that the AHOCO was formerly known as the Housing Opportunity Ordinance (HOO), which was adopted in 2011 and later amended in 2015, 2020, and 2022. The HOO, as amended in 2020, applied to “any new residential project comprised of twenty (20) or more residential lots or residential units” (NS-2994, Sec. 41-1902). As of April 19, 2022, the newly adopted AHOCO became applicable to “any new project comprised of five or more residential lots or residential units” (Ord. No. NS-3019, Sec. 41-1902). Relative to the State Density Bonus Law, the City’s AHOCO requires more affordable units, and more deeply affordable units, than the minimums specified in the SDBL (Gov. Code, § 65915, sub. (b)). While HCD recognizes the City’s efforts for a more robust inclusionary zoning ordinance, due to the Project being deemed consistent (under operation of law) on January 9, 2021, the Project is not subject to the AHOCO. The Project is only subject to the requirements in effect on January 9, 2021. State Density Bonus Law At the time the application was initially submitted on November 10, 2021, the Project design included 16 units, including four bonus units. The applicant sought to use a SDBL concession to reduce or eliminate a requirement that “Multi-Family Dwellings” be located “only on second or upper floors, or behind retail or service ground floor use.”3 The City informed the applicant in a letter dated January 18, 2022 that “[t]he Density Bonus Law’s provisions do not allow an applicant to request a waiver for land uses, such as the commercial/mixed-use requirement for a project.” This is an overly broad interpretation. The SDBL contains no language creating a distinction between 3 Transit Zoning Code (TZC), Section 41-2007, Table 2A – Use Standards, Footnote 1.     City Council 23 – 139 10/17/2023 Ali Pezeshkpour, Planning Manager Page 4 requirements associated with “land use” and development standards.4 A concession may be sought not only to modify or eliminate a development standard but also to modify “zoning code requirements” (Gov. Code, § 65915, sub. (k)(1)). First, the applicable zoning classification is simply “Multi-Family Dwellings” (i.e., not “Mixed- Use”). Second, the ground floor commercial requirement is subordinate in function to the primary zoning classification of “Multi-Family Dwellings,” relating primarily to the location of the commercial floor area. If the applicant chooses to request a concession to eliminate or modify the requirement for ground floor commercial, they may. The decision-making body must consider the requested concession pursuant to the SDBL. The City must grant (i.e., “shall approve”) the specific incentives/concessions requested by the applicant unless the City makes written findings, based on substantial evidence, that the incentive/concession would (1) not result in a cost reduction, (2) have a specific adverse impact on health or safety (as defined), or (3) be contrary to state or federal law (Gov. Code, § 65915, subd. (d)). Because the City wrongfully rejected its concession request, the applicant has removed the two ground floor residential units and replaced them with commercial floor area. This has reduced the number of units in the overall project from 16 to 14, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. The cost of adding an additional story to the building to meet the ground floor commercial requirement and providing 16 units is presumably economically infeasible. Finally, the SDBL contains the directive that it “shall be interpreted liberally in favor of producing the maximum number of total housing units” (Gov. Code, § 65915, subd. (r)). Conclusion and Next Steps HCD encourages the City’s efforts to prioritize housing affordability and to increase the overall supply of housing. However, the City must process development applications in accordance with the timelines established under the PSA and the HAA. Failure to do so results in project applications being deemed complete and consistent with local regulatory requirements by operation of law, as seen here. Moving forward, HCD expects the City to advance the Project to a meeting where it can be considered by the decision-making body. HCD would also like to remind the City that HCD has enforcement authority over the SDBL, HAA, and PSA, among other state housing laws. Accordingly, HCD may review local government actions and inactions to determine consistency with these laws. If HCD finds that a city’s actions do not comply with state law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law (Gov. Code, § 65585, subd. (j)). 4 “Development Standard” is defined in Government Code section 65915, subdivision (o)(2).     City Council 23 – 140 10/17/2023 Ali Pezeshkpour, Planning Manager Page 5 If you have any questions regarding the content of this letter or would like additional technical assistance, please contact Mehrsa Imani, of our staff, at mehrsa.imani@hcd.ca.gov. Sincerely, Shannan West Housing Accountability Unit Chief     City Council 23 – 141 10/17/2023 Police Department www.santa-ana.org/police Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: FY 2022 Urban Areas Security Initiative Program AGENDA TITLE Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non-General Fund) RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM 2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes) 3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES:Yes DISCUSSION The Urban Areas Security Initiative (UASI) program is approved by the U.S. Congress through the Consolidated Appropriations Act of 2022 and implemented by the U.S. Department of Homeland Security (DHS) through the Federal Emergency Management     City Council 24 – 1 10/17/2023 FY 2022 Urban Areas Security Initiative Program October 17, 2023 Page 2 3 7 8 0 Agency (FEMA) to assist high-density urban areas to strengthen the nation’s communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance. In FY 2006 the DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2022 funding and is, therefore, the UASI Sub-Grantee, with Santa Ana designated as a subrecipient through Anaheim. The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complementary strategies for responding to acts of terrorism. The FY 2022 funds will support the Homeland Security Training & Exercise Program to enhance capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. The funding will also be used to support a new training facility, sustain and maintain the ReadyOC Emergency Preparedness Campaign, the “If You See Something, Say Something” (SafeOC) Public Awareness Campaign, and the Orange County Civic Center Video Surveillance System. FISCAL IMPACT Approval of the appropriation adjustment will recognize $1,822,800 in the FY 2022 Urban Areas Security Initiative revenue account (no. 12514002-52001) and appropriate same to the Urban Areas Security Initiative expenditure accounts for projected expenditures as follows: Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit – Account No. Description Amount FY 23-24 12514491-Various OES UASI UASI Cal OES Anaheim, Various $1,133,945 FY 24-25 12514491-69011 OES UASI UASI Cal OES Anaheim, Reserve Appropriations $ 688,855 Total $1,822,800     City Council 24 – 2 10/17/2023 FY 2022 Urban Areas Security Initiative Program October 17, 2023 Page 3 3 7 8 0 The amounts shown above are estimates based on projected grant projects. Any remaining balances not expended at the end of each fiscal year will be presented to City Council for approval of carryovers to the subsequent fiscal year. EXHIBIT(S) 1. FY 2022 Award Letter from the City of Anaheim 2. FY 2022 UASI Transfer Agreement 3. FY 2022 Resolution 4. FY 2022 Notification of Sub-Recipient Award Submitted By: David Valentin, Police Chief Approved By: Steven A. Mendoza, Assistant City Manager     City Council 24 – 3 10/17/2023 ANAHEIM POLICE DEPARTMENT TO MAINTAIN A SAFE COMMUNITY TO LIVE, WORK, AND PLAY August 9, 2023 Kristine Ridge, City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SUBJECT: Notification of Sub-Recipient Award Fiscal Year (FY) 2022 Urban Area Security Initiative (UASI) Program Grant #2022-0043, Cal OES #059-95010; CFDA# 97.067 Sub-Recipient Performance Period: August 9, 2023 to March 31, 2025 Requesting Jurisdiction: City of Santa Ana UEI #: KZE9G2M4GRX9 Projects:009 - Analyst Proficiency Training (NP) 510,000 020 - Cyber Security Regional Training (NP) S80,000 026 - QC Civic Center Maintenance (NP) S195,340 030, 046 - If You See Something, Say Something 5113,050 036 - Ready QC Preparedness Campaign SIO0,000 032 - Training Facility (NP) 5200,000 Regional Training Program (NP) 5408,505 (Project No. 015, 017, 034, 038) Regional Exercise Program (NP) 5235,968 (Project No. 035, 039) Program Management (NP) S370,000 (Project No. 010, 021, 027, 031, 033, 037, 040) 045 - Management & Administration 5109,937 Total Award:Sl,822,800 Dear Ms. Ridge: This letter serves to inform you that the City of Santa Ana has been approved for grant funding under the FY2022 Urban Areas Security Initiative (UASI) Grant Program in the amount of Sl,822,800. Once your completed eligibility packet, including signed UASI Transfer Agreement, is received and an executed copy ofthe agreement is on file, reimbursement may be requested for eligible expenditures using the appropriate Anaheim/Santa Ana UASI (ASAUA) forms. 425S.HARBORBLVD.,ANAHEIM,CA92805 I T:(714)765-1900 I F:(71jl)765-1690 I WWW.ANAHEIMPD.ORG Exhibit 1     City Council 24 – 4 10/17/2023 As part of the Homeland Security Grant Program (HSGP) Investment Justification and Grant Application process, project applications submitted by the City of Santa Ana were reviewed and evaluated based on federal program priorities, regional benefit, and degree of applicability to the overarching Anaheim/Santa Ana Urban Area goals and objectives. Throughout the grant cycle, the ASAUA Grant Office will use projected milestones and performance measures to assess project status and overall grant compliance. All activities funded with this award must be completed within the Sub-Recipient performance period. It is critical that all City of Santa Ana employees that are involved in the FY22 UASI Grant Program become familiar with the Transfer Agreement between the City of Anaheim and the City of Santa Ana regarding the FY22 UASI Grant Program as well as the FY22 Homeland Security Grant Notice of Funding Opportunity, the FY22 Homeland Security Grant Program California Supplemental Guidance, and the FY22 Anaheim/Santa Ana UASI (ASAUA) Sub-Recipient Grant Guide. This subaward is subject to the requirements in 2 CFR, Part 200. It imperative that the Anaheim UASI Office is contacted before any projects are procured to ensure that Environmental Historic Preservations (EHP), Aviation/Watercraft, and Establish/Enhance Emergency Operations Center requirements have been met, as well as financial regulations pertaining to sole source. Any modifications to projects identified as a National Priority Project (designated on the project list with (NP)) will require prior approval from CalOES/FEMA. We will seek any applicable requests and approvals on your behalf to the California Governor's Office of Emergency Services (CalOES). Sub-Recipients are also required to obtain a performance bond prior to the purchase of any equipment item over S250,000. Performance bonds must be forwarded to the ASAUA Grant Office for submission to CalOES no later than time of reimbursement. Reimbursement for overtime and backfill for training is no longer offered by the ASAUA however, the grant will continue to provide reimbursement for personnel who assist with the instruction and delivery of the approved UASI courses. The funding allocation below is being provided as an estimated value of training instructor participation based on the number of first responders in your agency that have been approved to teach. It is being provided for your City's respective internal budgetary needs only and does not reflect a direct allocation as in the past. Additional funds may be awarded at a later time depending on your agency's participation and available dollars. Regional Training Program - Instructor Participation Police Department: 556,277.27 Sub-Recipients are encouraged to seek reimbursement through the grant cycle, as funds are expended. Final Training Reimbursement Requests are due no later than December 31, 2024. Final reimbursement requests for all other approved project costs are due no later than March 31, 2025. This grant is subject to all provisions of 2 CFR Part 200 Subpart F - Audit Requirements. Sub- recipients are required to submit copies of completed Single Audit Reports to the ASAUA Grant Office, along with any Corrective Action Plans as a result of HSGP findings. FY22 UASI Subrecipient Award Letter Page 2 of 3     City Council 24 – 5 10/17/2023 A dated signature from you, or your authorized designee, is required below. Please sign and return the original to the ASAUA Grant Office and retain a copy for your files. If you have any questions regarding this letter, please feel free to contact uASI Grant Coordinator Kerrstyn Vega at (714) 765- 1445 or kvega@anaheim.net. Sincerely, RICHARD LAROCHELLE, JR. Lieutenant CC: AUTHORIZED AGENT ame ofSignatory: I)AVIC> City of Santa Ana %lpLEAI TIN Date FY22 UASI Subrecipient Award Letter Page 3 of 3     City Council 24 – 6 10/17/2023 AGREEMENT SUB-RECIPIENT: CITY OF SANTA ANA City Contract Number Exhibit 2     City Council 24 – 7 10/17/2023 TABLE OF CONTENTS Section Description I INTRODUCTION §101. PartiestotheAgreement §102. Representatives of the Parties and Service of Notices §103. Independent Party §104. Conditions Precedent to Execution of this Agreement It TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds Ill PAYMENT §301. Payment of Grant Funds and Method of Payment iv STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein §402. Applicable Law, Interpretation and Enforcement §403. Integrated Agreement §404. Excusable Delays §405. Breach §406. Prohibition Against Assignment or Delegation §407. Permits §408. Bonds 3 3 4 4 g     City Council 24 – 8 10/17/2023 TABLE OF CONTENTS Section Description §409. Indemnification §41 0. Conflict of Interest §41 1. Restriction on Disclosures §412. Statutes and Regulations Applicable to All Grant Contracts §413. Federal, State, and Local Taxes §414. Inventions, Patents and Copyrights §415. MBE/WBE !E! v DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults §502. Amendments v ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A Exhibit B Exhibit C CalOES FY2022 Grant Assurances Certification Regarding Debarment, Suspension and Other Responsibility Matters Certification Regarding Lobbying     City Council 24 – 9 10/17/2023 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2022 URBAN AREAS SECURITY INITIATIVE (UASI) BET\/VEEN THE CITY OF ANAHEIM AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 20, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF SANTA ANA (the "SUB-RECIPIENT" or "Contractor"). WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2022 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2022 Urban Areas Security Initiative" from the federal Department Of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant"), as set Forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at: u.s. Department of Homeland Security "Fiscal Year 2022 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)" https://www.fema.qov/qrants/preparedness/homeland-security/fy-22-nofo California Office of Emergency Services "FY2022 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit" https://www.caloes.ca.qov/wp-content/uploads/Grants/Documents/FY-2022- HSGP-State-Supplement.pdf Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ("CITY") and is overseen by the California Governor's Office of Emergency Services ("CalOES"); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and 1     City Council 24 – 10 10/17/2023 WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management ("OGM") awarded a FY2022 UASI Grant of $5,113,750 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ("UASI Grant Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2022 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to CITY OF SANTA ANA ("SUB-RECIPIENT") and others; WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 2     City Council 24 – 11 10/17/2023 I INTRODUCTION §IOI. PartiestotheAqreement The parties to this Agreement are: A. The CITY, a municipal corporation, having its principal office at 425 South Harbor Boulevard, Anaheim, CA 92805; and B. CITY OF SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa Ana, CA 92701 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement: Richard LaRochelle, Lieutenant Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA 92805 Phone: (7M)765-1523 rlarochelle@anaheim.net 2. The representative of CITY OF SANTA ANA shall be: Na me: Manuel Moreno Title: Commander Sub Recipient Na me: City of Santa Ana, Santa Ana Police Department 053)5 8ecjpiBlli Addressaa 60 CIVIC Center PlaZa (;;IV Santa Ana State: California Zip-. 92702 Phone: 714-245-8271 E-mail: Mrnoreno@santa-ana.org B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. 3     City Council 24 – 12 10/17/2023 C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §'l03. Independent Party SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB-RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB-RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. ConditionsPrecedenttoExecutionofThisAqreement SUB-RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. GrantAssurancesinaccordancewithsection412AofthisAgreementattached hereto as Exhibit A and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 4'l2C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-RECIPIENT, 4     City Council 24 – 13 10/17/2023 II TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on 08/09/2023 and end on 3/31/2025 or upon the final disbursement of all of the Grant Amount (as defined in Section 301 ) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner. C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2022 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.qov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds. Any equipment acquired or obtained with Grant Funds: 5     City Council 24 – 14 10/17/2023 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 2 CFR Part 200.3'l3 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1 ) year or more. 5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i)use and 6     City Council 24 – 15 10/17/2023 condition of Equipment, and (j) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313. 8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10.SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. 11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements. 12. SUB-RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken. E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above. All training expenses must be pre-authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.qov/. F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/media-library/assets/documents/32326. G. Any planning paid pursuant to this Agreement shall conform to the guidelines 7     City Council 24 – 16 10/17/2023 as listed in FY2022 Homeland Security Grant Program, as set forth above. H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above. 8     City Council 24 – 17 10/17/2023 Ill PAYMENT §301. Payment of Grant Funds and Method of Payment A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB-RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Anaheim UASI Grant Office. For equipment for which SUB-RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB- RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted inVOiCeS. C. Payment of final invoice shall be withheld by the CITY until the SUB- RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB-RECIPIENT of a loss or reduction of federal grant funds. 9     City Council 24 – 18 10/17/2023 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub-recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law or a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result or such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 10     City Council 24 – 19 10/17/2023 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assiqnment or Deleqation SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents. §408. Bonds SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraff or watercraft) financed with homeland security Funds. SUB-RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement. §409. Indemnification To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB-RECIPIENT'S acts, errors or omissions in the performance of SUB-RECIPIENT'S services or use of grant funds under the terms of this Agreement. 11     City Council 24 – 20 10/17/2023 §410. Conflictoflnterest A. SUB-RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family"includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship 12     City Council 24 – 21 10/17/2023 between said person and the Contractor. E. Prior to obtaining the CITY"S approval of any subcontract, the SUB- RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB-RECIPIENT covenants that no member, officer or employee of SUB-RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. 1. The SUB-RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT" and "sub subcontractor" for "Subcontractor". §41 1. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.). §412. Statutes and Requlations Applicable To All Grant Contracts A. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB-RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB-RECIPIENT used in violation of these Grant Assurances. SUB-RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB- RECIPIENT used in violation of the Grant Assurances. B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB-RECIPIENT laws, executive orders, regulations, program and 13     City Council 24 – 22 10/17/2023 administrative requirements, policies and any other requirements governing this Agreement. SUB-RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance o( this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budqet (OMB) Circulars SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards). 2. Sinqle Audit Act If Federal funds are used in the performance of this Agreement, SUB-RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2022 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program"; Grant Identification Number 2022-0043; and identify the City of Anaheim as the Pass-Through. 3.Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and affer final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 4.Subcontracts and Procurement SUB-RECIPIENT shall comply with the federal and SUB- RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and 14     City Council 24 – 23 10/17/2023 construction subcontracts. SUB-RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB-RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 5. Civil Riqhts SUB-RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 u.s.c. §§'l681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 u.s.c. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 4 975, as amended (42 u.s.c. §§610'l-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 u.s.c. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. §§3601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 6. Telecommunications(2CFR200.216) SUBRECIPIENT will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or 15     City Council 24 – 24 10/17/2023 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. C. Statutes and Regulations Applicable To This Particular Grant SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1.Title 2 Code of Federal Regulations (CFR) Part 200; EO 1 2372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, u.s. Department of Homeland Security, Preparedness Directorate Financial Management Guide; u.s. Department of Homeland Security, Office of Grants and Training, FY 2022 Homeland Security Grant Program -Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448. Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). 16     City Council 24 – 25 10/17/2023 2.Travel Expenses SUB-RECIPIENT as provided herein may be compensated for SUB- RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in-State and out-of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office. SUB-RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT'S travel policies and procedures. If SUB-RECIPIENT does not have established travel policies and procedures, SUB-RECIPIENT'S reimbursement rates shall not exceed the amounts established under 5 u.s.c 5701-14, ("Travel and Subsistence Expenses; Mileage Allowances"), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)). 3.Noncompliance SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB-RECIPIENT to CITY of any unlawful expenditures. §413. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee. §414. Inventions, Patents and Copyriqhts A. Reportinq Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the u.s. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB-RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 u.s.c. Sections 200, et seq. (Pub. L. 95-5'l7, Pub. L. 98-620, 37 CFR part 401 ); Presidential Memorandum 17     City Council 24 – 26 10/17/2023 on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/1 8/1 983); and Executive Order 'l 2591, 4/"1 0/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Riqhts to Use Inventions CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyriqht Policy 1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy. D. Riqhts to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 u.s.c. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Bindinq on Subcontractors SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. 18     City Council 24 – 27 10/17/2023 §415. Minority, Women, And Other Business Enterprise Outreach Proqram It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors. 19     City Council 24 – 28 10/17/2023 v DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB-RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB-RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 20     City Council 24 – 29 10/17/2023 Vl ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Paqes and Attachments This Agreement is executed as one original. This Agreement includes twenty-two (22) pages and three (3) Exhibits which constitute the entire understanding and agreement oT the parties. 21     City Council 24 – 30 10/17/2023 IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST:CITY OF ANAHEIM, a municipal Corporation of the State of Califomia B7:BY: Theresa Bass Clerk of the Council Rick Armendariz Chief of Police SUB-RECIPIENT CITY OF SANTA ANA UEI No. KZE9G2M4GRX9 APPROVED AS TO FORM:By: (Signed in counterpart) p(i4(Bd %B(ylB David Valentin B7: Kristin Pelletier Chief Assistant City Attomey Title Chief of Police APPROVED AS TO FORM ATTEST: BY: BY: JENNIFER L. HALL City Clerk plaj(10Bd %BII1B Tamara Bogos!an Title Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager     City Council 24 – 31 10/17/2023 IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST:CITY OF ANAHEIM, a municipal Corporation of the State of Califomia BY:BY: Theresa Bass Clerk of the Council Rick Armendariz Chief of Police APPROVED AS TO FORM: SUB-RECIPIENT CITY OF SANTA ANA UEI No. KZE9G2M4GRX9 VALEA/Tl/J BY: Kristin Pelletier Chief Assistant City Attomey Title CHlnF OF Potgct APPROVED AS TO FORM BY: Printed Name Title     City Council 24 – 32 10/17/2023 EXHIBIT A California Governor's Office of Emergency Services FY2022 Grant Assurances (All HSGP Applicants) As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; (d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon Initiag     City Council 24 – 33 10/17/2023 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (u.s.c.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 u.s.c. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;violation of f or te Ini a s     City Council 24 – 34 10/17/2023 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non-discrimination, including: (a) Title Vl of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 u.s.c. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 u.s.c. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 u.s.c. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 u.s.c. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 u.s.c. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Ini     City Council 24 – 35 10/17/2023 (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 u.s.c. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 u.s.c. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 u.s.c. § 7401 ) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11 988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P. L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); Ini     City Council 24 – 36 10/17/2023 (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 1 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 u.s.c. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1 ) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Cooperation and Access to Records The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 u.s.c §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 u.s.c. § 2409, 41 u.s.c. § 4712, and 10 u.s.c. § 2324, 41 u.s.c. § 4304 and § 4310. Initi     City Council 24 – 37 10/17/2023 14. Human Trafficking The Applicant will comply with the requirements of Section 1 06(g) of the Traffickinq Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits the Applicant or its subrecipients from: (1 ) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 u.s.c. §§ 276a to 276a-7), as applicable, and the Act (40 u.s.c. § 3145 and 18 u.s.c. § 874) and the Contract Work Hours and Safety Standards Act (40 u.s.c. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 u.s.c. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) ASSiSt the awarding agency in assuring compliance with Section 106 of the Historic Preservation Act of 1966, as amended (16 u.s.c. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 u.s.c. §469a-1 et seq.); and (e) Comply with the Lead-Based Paint Poisoninq Prevention Act (42 u.s.c. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant    City Council 24 – 38 10/17/2023 in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 22. Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects Pll, the Applicant is required to have a publically-available privacy policy that describes standards on the usage and maintenance of Pll they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource. 24. Copyright The Applicant must affix the applicable copyright notices of 17 u.s.c. §§ 401 or 402 and an acknowledgement of u.s. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Initi     City Council 24 – 39 10/17/2023 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act The Applicant must comply with the requirements of 42 u.s.c. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status The Applicant is required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 The Applicant must comply with Preference for u.s. Flag Air Carriers: (air carriers holding certificates under 49 u.s.c. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 u.s.c. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 3974, as amended, 15 u.s.c. § 2225a. 30. Non-supplanting Requirement If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 u.s.c. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Initi al V     City Council 24 – 40 10/17/2023 33. Terrorist Financing The Applicant must comply with Executive Order 13224 and u.s. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions. 35. USA Patriot Act of 2001 The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 u.s.c. §§ 175-1 75c. 36. Use of DHS Seal, Logo, and Flags The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 37. Performance Goals In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. 38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 39. Required Llse of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless: Ini     City Council 24 – 41 10/17/2023 (a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States. The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases. On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved Initials     City Council 24 – 42 10/17/2023 IMPORT ANT The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1 ) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.qov/publication/fy1 5-dhs-standard-terms-and-conditions The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Title: Cl-lltF OF POLZC€Date: '% Initia!     City Council 24 – 43 10/17/2023 EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Goverent-wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon wliicli reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under tlie applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant ceitifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding tliis application been convicted of or had a civil judgment rendered against tliem for cominission of fraud or a criminal offense in connection with obtainiiig, attempting to obtain, or perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antiti-ust statutes or conunission of embezzlement, tlieft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governirient entity (Federal State or local) witli commission of any of these offenses enumerated in paragrapli (1) (b) of this certification; and (d) Havenotwithinathree-yearperiodprecedingthisapplicationhadoneormorepublictransactions (Federal, State or local) tenninated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or slie shall attach an explanation to this application. Address: 5AA/?/1 fi!VA PoQCt 1')EPmT#'Vfl7 Autho ture DAVlb VAuA/71A/ Printed or Typed Name 60 cxyzc ctitrtx PL2 (JLTEF OF POllct Title Spma wA, CA 'Uqoi     City Council 24 – 44 10/17/2023 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Proqrams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.     City Council 24 – 45 10/17/2023 EXHIBIT C CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 u.s.c. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. AGREEMENT NUMBER: 5;Atvra AHA fit.tct DtpapvpH4q AGENCY DAvxD yatr*rm (:'HIE!" op Pa !$4 D REPRESENT ATIVE DATE     City Council 24 – 46 10/17/2023 Resolution No. 2023-XXX Page 1 of 2 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.The United States Department of Homeland Security has developed the Urban Area Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B.In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2022, the City of Anaheim is the lead administrative agency for UASI funding. C.The City of Santa Ana has been awarded funding from the City of Anaheim for the fiscal year 2022 UASI in the amount of $1,822,800. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the City of Anaheim for the FY 2022 Urban Area Security Initiative funding program in the amount of $1,822,800. The authorization provided herein shall also pertain and apply to any and all grant monies awarded under this grant and documents required for authorization in furtherance of these grant monies. Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2022 Urban Area Security Initiative in the amount of $1,822,800 and appropriates same in the FY 2022 Urban Area Security Initiative Program Grant expenditure accounts. Exhibit 3     City Council 24 – 47 10/17/2023 Resolution No. 2023-XXX Page 2 of 2 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of October, 2023. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Tamara Bogosian Senior Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ________________ ____________________________________ Jennifer Hall Clerk of the Council City of Santa Ana     City Council 24 – 48 10/17/2023 Chief of Police 425 S. Harbor Blvd. Richard LaRochelle, Jr. Anaheim, CA 92805 Anaheim / Santa Ana UASI May 1, 2023 Dear Lieutenant LaRochelle, Jr.: NANCY WARD DIRECTOR 3650 SCHRIEVER AVENUE, MATHER, CA 95655 (916) 845-8510 TELEPHONE NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL FY 2022 Homeland Security Grant Subaward #: 2022-0043, Cal OES ID: 059-95010 The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2022 Homeland Security Grant application in the amount of $5,113,750. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records. Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities. This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. For additional information, please contact your Cal OES Program Representative. SUBJECT: Homeland Security & Emergency Management Grants Processing Enclosure cc: Subrecipient file GAVIN NEWSOM GOVERNOR www.CalOES.ca.gov Exhibit 4     City Council 24 – 49 10/17/2023 Supplemental Grant Subaward Information – Cal OES 2-101a (7/2019) Revised 4/7/23 CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWARD INFORMATION 1. Cal OES Contact Information Section: Governor’s Office of Emergency Services Nancy Ward, Director 3650 Schriever Avenue Mather, CA 95655 2. Federal Awarding Agency Section: Federal Program Fund / AL # Federal Awarding Agency Federal Award Date Total Federal Award Amount Total Local Assistance Amount Homeland Security Grant Program / 97.067 US Department of Homeland Security 09/01/2022 $204,512,623 $174,565,304 3. Project Description Section:  Project Acronym: Homeland Security Grant Program (HSGP)  Project Description: Support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. 4. Research & Development Section:  Is this Subaward a Research & Development grant? Yes ☐ No ☒     City Council 24 – 50 10/17/2023     City Council 24 – 51 10/17/2023 City Attorney Office www.santa-ana.org/city-attorneys-office Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Street Racing and Reckless Driving Exhibitions Ordinance AGENDA TITLE Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting). Published in the Orange County Reporter on October 9, 2023. RECOMMENDED ACTION Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code. ORDINANCE NO. NS-3051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION GOVERNMENT CODE §84308 APPLIES:No DISCUSSION At its October 3, 2023 regular meeting, the City Council approved the first reading of an Ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code, and City Council authorized publication of title by a vote of 6-1. If adopted, the ordinance will go into effect 30 days thereafter. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S)     City Council 25 – 1 10/17/2023 Street Racing and Reckless Driving Exhibitions Prohibited Ordinance October 17, 2023 Page 2 3 8 0 2 1. Ordinance Submitted By: David Valentin, Police Chief Approved By: Steven A. Mendoza, Assistant City Manager     City Council 25 – 2 10/17/2023 1 Exhibit 1 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION WHEREAS, under the provisions of Sections 23103, 23109 of the California Vehicle Code, reckless driving exhibition and speed contests on public streets are illegal; and WHEREAS, motor vehicle speed contests are more commonly known as street races or drag races and reckless driving exhibitions are more commonly referred to as exhibitions of reckless driving; and WHEREAS, the streets within the City of Santa Ana have been the site of continuing and escalating illegal street racing over the past several years; and WHEREAS, such street racing poses serious hazards and threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of Santa Ana; and WHEREAS, in most cases, hundreds of street racers and spectators gather on the streets late at night, and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process and the City has determined the presence of spectators at these events encourage and fuel the occurrence of these unlawful events; and WHEREAS, traffic accidents, property crimes, and calls for police service have increased dramatically. Recently, an innocent motorist was killed in broad daylight by drivers engaged in street racing and in a separate incident, street racers involved in a race struck and killed a pedestrian; and WHEREAS, street racing constitutes a nuisance and the City Council of the City of Santa Ana wishes to promote the City's interest in protecting and preserving the safety of pedestrian and vehicular traffic in, about, or upon public and private streets, parkways, roadways, alleys, sidewalks, and parking areas so as to minimize any dangerous conditions due to street racing. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. A new Article XV is hereby added to Chapter 36 of the Santa Ana Municipal Code to read as follows:     City Council 25 – 3 10/17/2023 2 Illegal Street Race and Reckless Driving Exhibition-Article XV Section 36-706. Definitions. As used in this Article: “Street race” or “street racing” means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time. “Reckless driving exhibition” means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time. Offstreet parking facility has the same meaning as set forth in Vehicle Code section 12500(c), as may be amended from time to time, and includes a ny public or private parking facility open and accessible to members of the public. Preparations for a street race or reckless driving exhibition includes, but are not limited to, situations in which: (1) One (1) or more motor vehicles and persons have arrived at a location on a public street, highway or an offstreet parking facility for the purpose of participating in or being spectators at a street race or reckless driving exhibition; (2) One (1) or more persons have gathered in an offstreet parking facility for the purpose of participating in or being a spectator at a street race or reckless driving exhibition; (3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; (4) One (1) or more persons have impeded the free public use of a public street, highway, or offstreet parking facility by actions, words, or physical barriers; (5) One (1) or more vehicles have lined up on a public street, highway, or offstreet parking facility with motors running; (6) One (1) or more drivers is revving a motor vehicle’s engine or spinning the motor vehicle’s tires; or (7) A person is stationed for the purpose of acting as a race starter. A person is "present" at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities. Spectator means any individual who is present at street race or reckless driving exhibition at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, recording, or witnessing, the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.     City Council 25 – 4 10/17/2023 3 Section 36-707. Aiding and Abetting Street Races or Reckless Driving Exhibitions Prohibited It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions Prohibited. (a) It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition on a public street, highway, or offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. (b) It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. (c) Exemption: Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition. Section 36-709 Relevant Circumstances to Prove a Violation. Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36- 708, admissible evidence may include, but is not limited to, any of the following: (a) the time of day; (b) the nature and description of the scene; (c) the number of people at the scene; (d) the location of the person charged in relation to any person or group present at the scene; (e) indicia of a street race or reckless driving exhibition, including but not limited to, stickers, posters, markings, flags at or near the scene; (e) the number and types of motor vehicles at the scene; (f) that the motor vehicles present have been altered or modified to increase power, handling or visual appeal; (g) that the person charged drove or was transported to the scene; (h) that the person charged admitted to being a spectator at a street race or reckless driving exhibition;     City Council 25 – 5 10/17/2023 4 (i) that the person charged has previously participated in street race or reckless driving exhibition; (j) that the person charged has previously aided and abetted a street race or reckless driving exhibition; that the person charged has previously attended a street race or reckless driving exhibition; (k)that the person charged previously was present at a location where preparations were being made for a street race or reckless driving exhibition or a street race or reckless driving exhibition was in progress. Section 36-710 Admissibility of Prior Acts The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext permissible by law, evidence of prior acts may be admissible to show plan, opportunity, knowledge, identity, and/or propensity of the person charged to be present at or attending a street race or reckless exhibition of speed if the prior act(s) occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a street race or reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Santa Ana. Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional. Section 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 6.This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.     City Council 25 – 6 10/17/2023 5 ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Tamara Bogosian Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana     City Council 25 – 7 10/17/2023 City Attorney Office www.santa-ana.org/city-attorneys-office Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Rent Stabilization and Just Cause Eviction Ordinance Amendments AGENDA TITLE Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting). Published in the Orange County Reporter on October 9, 2023. RECOMMENDED ACTION Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments. ORDINANCE NO. NS-3052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS GOVERNMENT CODE §84308 APPLIES:No DISCUSSION At its October 3, 2023 regular meeting, the City Council approved the first reading of an ordinance amending Article XIX of Chapter 8 to require two-thirds approval by all members of the City Council for certain future amendments, and City Council authorized publication of title by a vote of 4-3. If adopted by the City Council on October 17, 2023 the ordinance will go into effect 30 days thereafter. FISCAL IMPACT There is no fiscal impact associated with this action.     City Council 26 – 1 10/17/2023 Rent Stabilization and Just Cause Eviction Ordinance Amendments October 17, 2023 Page 2 3 8 0 1 EXHIBIT(S) 1. Ordinance Submitted By: Sonia Carvalho, City Attorney Approved By: Steven A. Mendoza, Assistant City Manager     City Council 26 – 2 10/17/2023 Ordinance No. NS - Page 1 of 20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows: A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's (“Santa Ana” or “City”) ability to address rent increases on residential real property and in mobilehome parks wherein hundreds of City residents provided spoken and written comments about their experiences of landlords purporting tenant crimes without proof as justification for evictions, unjust rent increases without a proportional increase in the quality of housing provided, and various quality of life issues as residents, renters, and property owners in Santa Ana. B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance (“RSO”) and Ordinance No. NS-3010, known as the Just Cause Eviction Ordinance (“JCEO”) appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code (“SAMC”). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana. C. The findings in Ordinance No. NS-3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability pose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein. D. Additionally, the City Council adopted Resolution No. 2021-054, directing staff to: (1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof.     City Council 26 – 3 10/17/2023 Ordinance No. NS - Page 2 of 20 E. On October 4, 2022, the Santa Ana City Council approved the First Reading of Ordinance No. NS-3027 an Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinance. F. On October 18, 2022, the City Council adopted Ordinance No. NS -3027 (“the Ordinance”) and incorporated by reference the Request for City Council Action for amendments to these Ordinances dated October 4, 2022 together with the Ordinance, any amendments or supplements, and oral testimony, constituted the necessary findings for the Ordinance. Ordinance No. NS-3027 adopted amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and promote long-term sustainability of the programs, which include: 1. Create a Rental Housing Board; 2. Create a Rental Registry; 3. Adopt a Rental Registry Fee; 4. Develop a Work Plan; 5. Conduct a Fee Study Based on the Work Plan and Staffing Needs; 6. Expand Compliance Activities; 7. Create a Capital Improvement Petition and Tenant Petition; 8. Establish Petition Fees and a Petition Review Process; 9. Create a Voluntary Mediation Process; and, 10. Join the Rent Stabilization Consortium. G. Since the adoption of the RSO and JCEO, Santa Ana residents have made multiple reports about landlords who have refused to comply with the law relating to rent increase and improper evictions. H. Requiring two-thirds approval for changes to certain provisions in Article XIX in Chapter 8 of the Santa Ana Municipal Code pertaining to the Ordinance shall help to provide tenants, landlords, Mobilehome residents, and interested parties with consistency and ongoing stability relating to the implementation of the RSO and JCEO as well as the programs and services related thereto. I. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents. J. The City Council finds, determines, and declares that the threat to the public health, safety and welfare of the City and its residents ne cessitates the enactment of the Ordinance amendment.     City Council 26 – 4 10/17/2023 Ordinance No. NS - Page 3 of 20 K. The Request for City Council Action for amendments to the Ordinance dated October 3, 2023, by this reference, be incorporated herein, and together with this Ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this Ordinance amendment. Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Section 3. Section 8-3103 of Division 1 (Generally) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-3103. - Implementing regulations, policies and procedures. (a) The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures. (b) The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council. Section 4. Section 8-3120 (Restrictions on Termination of Tenancy Without Just Cause) of Division 2 (Just Cause Evictions) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to add subsection (k) to read as follows: Sec. 8-3120. Restrictions on termination of tenancy without just cause. (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code sect ion 798.56, as applicable. 1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a     City Council 26 – 5 10/17/2023 Ordinance No. NS - Page 4 of 20 conspicuous location on the property. The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows: A. The notice required by this Division must be on a form prescribed by the City and include the following information: i. The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and ii. The right to relocation assistance in limited circumstances pursuant to subsection (d)(2) herein. B. The Owner must provide Tenant with the notice upon serving any notice of change in terms of Tenancy. C. The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Division. (b) For purposes of this section, "just cause" includes either of the following: 1) At-fault just cause, which is any of the following: A. Default in the payment of Rent. B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include: i. The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the Residential Real Property thereby exceeding the limits on occupancy set forth in the lease is: I. A dependent under age eighteen (18); or II. A replacement Tenant who moved in after an approved Tenant vacated the Residential Real Property, so long as     City Council 26 – 6 10/17/2023 Ordinance No. NS - Page 5 of 20 the addition does not exceed the Uniform Housing Code. i. The Owner shall have the right to approve or deny the prospective additional or replacement Tenant, who is not a minor dependent child, provided that the Owner does not unreasonably withhold approval. If the Owner fails to respond to the Tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the Tenant's written request, the Tenant's request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a Tenant's written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy. C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused     City Council 26 – 7 10/17/2023 Ordinance No. NS - Page 6 of 20 to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. F. Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Tenant's household or other Tenants of the Residential Real Property. This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available. G. Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy based on a Tenant's sublease of the Residential Real Property if all the following requirements are met: I. The Tenant requests permission from the Owner in writing to sublease the Residential Real Property; II. The Tenant continues to reside in the Residential Real Property as their primary residence; III. The sublease replaces one (1) or more departed Tenants under the lease on a one-for-one basis; and IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt of the Tenant's written request. If the Owner fails to respond to the Tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Residential Real     City Council 26 – 8 10/17/2023 Ordinance No. NS - Page 7 of 20 Property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision. H. The Tenant's refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following: A.i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the Residential Real Property for a period of at least twenty-four (24) months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed Rental Agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least twenty-four (24) months, as affirmed by the Owner in a written affidavit submitted to the City. C. i. The Owner complying with any of the following: I. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Real Property.     City Council 26 – 9 10/17/2023 Ordinance No. NS - Page 8 of 20 II.An order issued by a government agency or court to vacate the Residential Real Property. III.A local ordinance that necessitates vacating the Residential Real Property. ii.If it is determined by any government agency or court th at the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d). D. i. Intent to demolish or to substantially remodel the Residential Real Property. i.I. The Owner shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the right of first refusal to any comparable vacant Rental Unit which has been offered at comparable Rent owned by the Owner; and II.In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection. iii.For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel. (c)Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. 1)Any written notice to cease or correct must: i     City Council 26 – 10 10/17/2023 Ordinance No. NS - Page 9 of 20 A. Be dated and served upon the Tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended; B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings; C. Inform the Tenant of the right to request a reasonable accommodation; D. Inform the Tenant of the contact number for the Program Administrator; and E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction. (d) 1) For a Tenancy for which just cause is required to terminat e the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no -fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant's income, at the Owner's option, do one (1) of the following: A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due. 2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant's right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final three (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy. 3) A. The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within fifteen (15) calendar days of service of the notice. B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 4) An Owner's failure to strictly comply with this section shall render the     City Council 26 – 11 10/17/2023 Ordinance No. NS - Page 10 of 20 notice of termination void. (e) This section shall not apply to the following types of residential real properties or residential circumstances: 1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code. 2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property. 5) Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 6) A duplex in which the Owner occupied one (1) of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy. 7) Housing that has been issued a certificate of occupancy within the previous fifteen (15) years. 8) Residential Real Property that is alienable separate from the ti tle to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one (1) member is a corporation. B. i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8-3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a     City Council 26 – 12 10/17/2023 Ordinance No. NS - Page 11 of 20 corporation." ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement. iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental Agreement or fixed - term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b). 9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows: 1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement. 3) The notification or lease provision shall be in no less than 12 -point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information." (g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that: 1) Both of the following provisions apply: A. The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one (1) of the following:     City Council 26 – 13 10/17/2023 Ordinance No. NS - Page 12 of 20 i. A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty (180) days pursuant to law that protects the Tenant or a household member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or ii. The Tenant or a member of their household has filed a police report within the previous one hundred eighty (180) days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking. B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. 2) Notwithstanding this Section, an Owner may terminate the Tenancy if: A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation. 3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of twenty-one (21) is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and     City Council 26 – 14 10/17/2023 Ordinance No. NS - Page 13 of 20 prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable. (j)Any waiver of the rights under this section shall be void as contrary to public policy. (k)The Santa Ana City Council shall not amend the provisions of subsection (b)(1) regarding at-fault just cause and subsection (b)(2) regarding no-fault just cause, without approval by two-thirds (5/7) of all members of the City Council. Section 6. Subsection (a) of Section 8-3140 (Prohibited Increases) of Division 3 (Rent Stabilization) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows: Section 8-3140 – Prohibited Increases. (a)Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty percent (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach- Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent. The Santa Ana City Council shall not amend this Subsection to allow for increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or one hundred percent (100%) of the change in the Consumer Price Index, without approval by two-thirds (5/7) of all members of the City Council. (b)No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year.     City Council 26 – 15 10/17/2023 Ordinance No. NS - Page 14 of 20 Section 7. Subsection (l) is added to Section 8-3160 (Rental Registry) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code as follows: Sec. 8-3160. Rental registry. Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following: (a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has: 1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management. 1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Owner, within thirty (30) days of the close of escrow. 2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner's property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants. 3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes. (c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re-register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented. (d) Claim of Exemption. Any Landlord that is claiming any exemption from this     City Council 26 – 16 10/17/2023 Ordinance No. NS - Page 15 of 20 Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date. (g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form: 1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers; 4) Date of assumption of ownership by current Owners; 5) Current Rent; 6) Date and amount of last Rent Increase; and 7) Move-in date of current Tenant(s). The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article. (h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct. (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law,     City Council 26 – 17 10/17/2023 Ordinance No. NS - Page 16 of 20 including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. (j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has: 1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and 2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator. (k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise f or rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. (l) The Santa Ana City Council shall not amend the Rental Registry without approval by two-thirds (5/7) of all members of the City Council. Section 8. Subsection (a) of Section 8-3161 (Rental Registry Fee) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows: Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. The Santa Ana City Council shall not amend the provisions establishing the Rental Registry Fee without approval by two- thirds (5/7) of all members of the City Council. (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental     City Council 26 – 18 10/17/2023 Ordinance No. NS - Page 17 of 20 Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid-year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City. (d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass-through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass-through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass-through cost overpayment. 1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. Section 9. Subsection (g) is added to Section 8-3180 (Rental Housing Board) of Division 5 (Rental Housing Board) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as follows: Sec. 8-3180. Rental housing board. There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following: (a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing     City Council 26 – 19 10/17/2023 Ordinance No. NS - Page 18 of 20 Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at-large Members with no financial interest in and no ownership of income-generating rental housing. (b) Chairperson. The Board shall elect annually one (1) of its Members to serve in the capacity as Chairperson. (c) Eligibility. Residents of the City are eligible to serve as members of the Board. (d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator. (g) Amendment of Rental Housing Board. The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council. Section 10. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the proposed Ordinance falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Section 11. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or     City Council 26 – 20 10/17/2023 Ordinance No. NS - Page 19 of 20 more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 12. This Ordinance shall become effective thirty (30) days after its adoption. Section 13. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers:     City Council 26 – 21 10/17/2023 Ordinance No. NS - Page 20 of 20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on . Date: City Clerk City of Santa Ana     City Council 26 – 22 10/17/2023 City Attorney Office www.santa-ana.org/city-attorneys-office Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections AGENDA TITLE Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections RECOMMENDED ACTION Consider the following options: 1. Take no action; OR 2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding     City Council 27 – 1 10/17/2023 Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023 Page 2 3 8 0 3 projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”); AND/OR 3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election. RESOLUTION NO. 2023-XXX- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”) GOVERNMENT CODE §84308 APPLIES:No DISCUSSION Rent Stabilization Ordinance On October 19, 2021, the Santa Ana City Council adopted Ordinance No. NS-3009, the Rent Stabilization Ordinance (“RSO”). The City Council also adopted Ordinance No. NS-3010 the Just Cause Eviction Ordinance (“JCEO”). Thereafter, on September 6, 2022, the City Council adopted a Long Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances (“The Plan”). On October 18, 2022, the City Council adopted Ordinance No. NS-3027 (“The Ordinance”) which took the RSO and the JCE from Divisions 4 and 5 of Article X of Chapter 8 of the Santa Ana Municipal Code (“SAMC”) and restated them in Article XIX of Chapter 8 of the SAMC. In addition, Ordinance No. NS-3027 also amended the RSO     City Council 27 – 2 10/17/2023 Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023 Page 3 3 8 0 3 and JCEO to provide for a Rental Housing Board, Rental Registry (with a Rental Registry Fee), and made other changes consistent with The Plan. On August 29, 2023, Councilmember Phan brought forward Item 21 to discuss and consider directing the City Manager to prepare an ordinance for City Council’s consideration to amend the City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance to require a supermajority approval of the total number of Councilmembers for certain future amendments to the Ordinance. The City Council discussed the matter at the August 29, 2023 Special City Council Meeting and a majority of the City Council gave direction to the City Manager to research and return to the City Council options for their consideration by October 3, 2023. On September 19, 2023, Councilmember Phan brought forward Item 26 to discuss and consider directing the City Attorney to prepare a City Council initiated ballot measure for voter approval affirming the City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance for the November 5, 2024 General Presidential Election. The City Council discussed the matter and a majority of the City Council gave direction to the City Attorney to prepare the requested ballot measure. On October 3, 2023, staff brought forward Item 18 which was a combination of the direction given by a majority of the City Council at the August 29th and September 19th City Council meetings. A majority of the City Council introduced and approved the first reading of an Ordinance Amending the Rent Stabilization and Just Cause Eviction Ordinance to Require Two-Thirds Approval of all Members of the City Council for Certain Future Amendments and gave direction to return at the next meeting with a ballot measure asking the People of the City of Santa Ana whether to adopt a Rent Stabilization and Just Cause Eviction Ordinance. Noncitizen Voting On September 19, 2023, the City Council addressed a Councilmember-requested item (Item 26) to discuss whether to permit noncitizen voting in municipal elections and directed staff to prepare a ballot measure for the City Council’s consideration. FISCAL IMPACT Estimated costs for a City General Municipal Election on November 5, 2024 are $279,085 - $327,742. This estimate is based upon the following: 1. Consolidated election $157,348 - $200,262 2. The cost of postage for vote-by-mail return envelopes $71,754 - $77,498 3. The cost recovery for 2019-20 purchase of new election equipment $41,483. 4. The cost of one measure (3000 words and 2 pages) $8,500. (Each additional measure (3000 words and 2 pages) $8,500.)     City Council 27 – 3 10/17/2023 Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023 Page 4 3 8 0 3 Sufficient funds to accommodate the 2024 General Municipal Election will be presented to City Council for consideration during the FY 2024-25 budget approval process. EXHIBIT(S) 1. Resolution of the City Council of the City of Santa Ana Calling and Giving Notice of a General Municipal Election to be Held in the City of Santa Ana on November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters Proposing a Rent Stabilization and Just Cause Eviction Ordinance and Requesting Consolidation with the Statewide General Election 2. Resolution of the City Council of the City of Santa Ana Calling and Giving Notice of a General Municipal Election to be Held in the City of Santa Ana on November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters Asking if the City of Santa Ana Should Permit Noncitizen Voting in City Municipal Elections at Which Municipal Officers are Elected and Requesting Consolidation with the Statewide General Election Submitted By: Sonia Carvalho, City Attorney Approved By: Steven A. Mendoza, Assistant City Manager     City Council 27 – 4 10/17/2023 Resolution No. 2023-XXX Page 1 of 5 RESOLUTION NO. 2023-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION WHEREAS, on October 19, 2021, pursuant to the City of Santa Ana’s police powers under Charter Section 200 and Article XI, Section 7 of the California Constitution, the Santa Ana City Council adopted Ordinance No. NS-3009 known as the Rent Stabilization Ordinance (“RSO”) and Ordinance No. NS-3010 known as the Just Cause Eviction Ordinance (“JCEO”). At the time, these Ordinances were codified in Article X of the Santa Ana Municipal Code in Division 4 (RSO) and Division 5 (JCEO); WHEREAS, on October 19, 2021, the Santa Ana City Council also adopted Resolution No. 2021-054 directing staff to (1) conduct further study of the regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and (2) include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof; WHEREAS, on September 6, 2022, staff presented the Long-Term Implementation Plan for the RSO and JCEO (“The Plan”) to the City Council. The Plan detailed various best practices based on findings from local sample jurisdictions in California with similar ordinances; WHEREAS, on September 6, 2022, the Santa Ana City Council adopted The Plan and provided direction to staff to prepare amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and to promote long-term sustainability of the programs; WHEREAS, On October 18, 2022, the City Council adopted Ordinance No. NS- 3027 which moved the RSO and JCEO from Article X of the Santa Ana Municipal Code to Article XIX of the Santa Ana Municipal Code. Ordinance No. NS -3027 also amended the RSO and JCEO to include provisions consistent with The Plan including , but not limited to, creation of a Rental Housing Board and Rental Registry (“The Council Ordinance”);     City Council 27 – 5 10/17/2023 Resolution No. 2023-XXX Page 2 of 5 WHEREAS, on October 3, 2023, the Santa Ana City Council approved a first reading of an ordinance (Ordinance No. NS-____), amending the Council Ordinance to require two-thirds approval by all Members of the City Council to make certain future amendments to the Council Ordinance. A second reading was held on October 17, 2023; WHEREAS, the City Council desires to place a measure on the ballot seeking Santa Ana voter approval of an ordinance containing the same text as Ordinance No. NS - ____ ; and WHEREAS, pursuant to California Elections Code section 9222, the City Council is authorized to submit this measure to the voters at the November 5, 2024 General Municipal Election; and; WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure described herein with the Statewide General Election to be held on November 5, 2024; and WHEREAS, the specific terms of the measure to be considered by the qualified voters is attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2 Pursuant to the California Elections Code section 9222, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting the ballot Measure attached hereto as Exhibit “A” and incorporated herein by reference to the qualified voters of the City of Santa Ana. Section 3. The City Council hereby orders that the following ballot question for the proposed Measure be submitted to the qualified electors of the City of Santa Ana , in accordance with the California Elections Code: MEASURE ___ Shall the measure adopting a Rent Stabilization and Just Cause Eviction Ordinance be adopted? Yes No     City Council 27 – 6 10/17/2023 Resolution No. 2023-XXX Page 3 of 5 Section 4. If the Measure receives a majority of the votes cast on it at the election, the Measure shall be approved and adopted accordingly. Section 5. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law. Section 6. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Santa Ana as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed. Section 7. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by the City Clerk. Section 8. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange. Section 9. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. Section 10. The City Clerk is hereby directed to transmit a copy of the Measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether     City Council 27 – 7 10/17/2023 Resolution No. 2023-XXX Page 4 of 5 the Measure was placed on the ballot by a petition signed by th e requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (714) 647-6520 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed no later than the deadline for direct arguments. Section 11. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk. Section 12. All persons qualified to vote at municipal election s in the City on the day of election herein provided shall be qualified to vote on the Measure hereby submitted at the General Municipal Election. Section 13. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 14. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law. Section 15. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law. Section 16. Pursuant to California Elections Code Section 9295, this Resolution and the attached Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. Section 17. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelin es. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Section 18. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and     City Council 27 – 8 10/17/2023 Resolution No. 2023-XXX Page 5 of 5 to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 19. This Resolution shall take effect immediat ely upon its adoption by a majority of the City Council. Section 20. The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight (88) days before the date of the election. ADOPTED this ____ day of _____, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023. Date: City Clerk City of Santa Ana     City Council 27 – 9 10/17/2023 Exhibit A 1 ORDINANCE NO. NS-XXXX MEASURE “___” AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA ADOPTING A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: Section 1. The People of the City of Santa Ana hereby adopt a Rent Stabilization and Just Cause Eviction Ordinance and it shall read as follows: ARTICLE XIX. – RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE DIVISION 1. – GENERALLY Section 8-3100 – Title This Article shall be known in its entirety as the “City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance” and, for the sake of convenience, as the “Rent Stabilization and Just Cause Eviction Ordinance.” Sec. 8-3101. Reserved. Section 8-3102 – Definitions a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language. c) Words and phrases defined: “Annual Allowable Rent Adjustment” means the limit on the Maximum Allowable Rent Increase, which a Landlord may charge on any Rental Unit each year. “Capital Improvement” means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or     City Council 27 – 10 10/17/2023 2 mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children’s play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs. “City” means the City of Santa Ana. "Hearing Officer” means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. “Housing Services” means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. “Landlord” or “Owner” means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator” means a person whom the Program Administrator determines meets all of the following criteria: 1) Has received forty (40) to eighty (80) hours of formal training in mediation, including training in anti-racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and,     City Council 27 – 11 10/17/2023 3 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes. “Mobilehome” means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. “Mobilehome Space” means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11. “Mobilehome Park” means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation. “Net Operating Income” means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses). “Operating Expenses” means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs. “Program Administrator” is a person designated by the City Manager to administer the provisions of this Article. “Rental Registry Fee” or “Fee” means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. “Rent” means all periodic compensation, including all non -monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome     City Council 27 – 12 10/17/2023 4 Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable. “Rent Increase” means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit. “Rental Agreement” means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable. “Rental Housing Board” or “Board” means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code. “Rental Registry” means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee. “Rental Unit” means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article. “Residential Real Property” or “Residential Property” means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City. “Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park. “Tenant” means any renter, tenant, subtenant, lessee, sub-lessee, roommate with Landlord’s consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or     City Council 27 – 13 10/17/2023 5 federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit. Section 8-3103 – Implementing Regulations, Policies and Procedures (a) The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures. (b) The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council. Section 8-3104 – Mobilehome Residency Law The provisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail. Secs. 8-3105 - 8-3119. Reserved. DIVISION 2. – JUST CAUSE EVICTIONS Section 8-3120 – Restrictions on Termination of Tenancy without Just Cause (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable. 1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The     City Council 27 – 14 10/17/2023 6 notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows: A. The notice required by this Division must be on a form prescribed by the City and include the following information: i. The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and ii. The right to relocation assistance in limited circumstances pursuant to subsection (d)(2) herein. B. The Owner must provide Tenant with the notice upon serving any notice of change in terms of Tenancy. C. The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Division. (b) For purposes of this section, "just cause" includes eith er of the following: 1) At-fault just cause, which is any of the following: A. Default in the payment of Rent. B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include: i. The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the Residential Real Property thereby exceeding the limits on occupancy set forth in the lease is: I. A dependent under age eighteen (18); or II. A replacement Tenant who moved in after an approved Tenant vacated the     City Council 27 – 15 10/17/2023 7 Residential Real Property, so long as the addition does not exceed the Uniform Housing Code. i. The Owner shall have the right to approve or deny the prospective additional or replacement Tenant, who is not a minor dependent child, provided that the Owner does not unreasonably withhold approval. If the Owner fails to respond to the Tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the Tenant's written request, the Tenant's request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a Tenant's written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy. C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.     City Council 27 – 16 10/17/2023 8 E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. F. Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Tenant's household or other Tenants of the Residential Real Property. This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available. G. Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy based on a Tenant's sublease of the Residential Real Property if all the following requirements are met: I. The Tenant requests permission from the Owner in writing to sublease the Residential Real Property; II. The Tenant continues to reside in the Residential Real Property as their primary residence; III. The sublease replaces one (1) or more departed Tenants under the lease on a one-for-one basis; and IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt of the Tenant's written request. If the Owner fails to respond to the Tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's     City Council 27 – 17 10/17/2023 9 reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Residential Real Property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision. H. The Tenant's refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. I. Using the premises for an unlawful purpose as described i n paragraph (4) of Section 1161 of the Code of Civil Procedure. J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following: A.i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the Residential Real Property for a period of at least twenty- four (24) months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed Rental Agreement or fixed- term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least twenty-four (24) months, as affirmed by the Owner in a written affidavit submitted to the City.     City Council 27 – 18 10/17/2023 10 C. i. The Owner complying with any of the following: I. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Real Property. II. An order issued by a government agency or court to vacate the Residential Real Property. III. A local ordinance that necessitates vacating the Residential Real Property. ii. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d). D. i. Intent to demolish or to substantially remodel the Residential Real Property. i.I. The Owner shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the right of first refusal to any comparable vacant Rental Unit which has been offered at comparable Rent owned by the Owner; and II. In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection. iii. For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel. (c) Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation     City Council 27 – 19 10/17/2023 11 pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. 1) Any written notice to cease or correct must: A. Be dated and served upon the Tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended; B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings; C. Inform the Tenant of the right to request a reasonable accommodation; D. Inform the Tenant of the contact number for the Program Administrator; and E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction. (d) 1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no -fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant's income, at the Owner's option, do one (1) of the following: A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due. 2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant's right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final th ree (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy. 3) A. The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within fifteen (15) calendar days of service of the notice. B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision     City Council 27 – 20 10/17/2023 12 shall be recoverable as damages in an action to recover possession. C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 4) An Owner's failure to strictly comply with this section shall render the notice of termination void. (e) This section shall not apply to the following types of residential real properties or residential circumstances: 1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code. 2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 o f the Manual of Policies and Procedures published by the State Department of Social Services. 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property. 5) Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 6) A duplex in which the Owner occupied one (1) of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy. 7) Housing that has been issued a certificate of occupancy within the previous fifteen (15) years. 8) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one (1) member is a corporation. B. i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the     City Council 27 – 21 10/17/2023 13 following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8-3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement. iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental Agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b). 9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows: 1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement. 3) The notification or lease provision shall be in no less than 12 -point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information."     City Council 27 – 22 10/17/2023 14 (g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that: 1) Both of the following provisions apply: A. The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one (1) of the following: i. A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty (180) days pursuant to law that protects the Tenant or a household member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or ii. The Tenant or a member of their household has filed a police report within the previous one hundred eighty (180) days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking. B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. 2) Notwithstanding this Section, an Owner may terminate the Tenancy if: A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation. 3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual     City Council 27 – 23 10/17/2023 15 assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of twenty -one (21) is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, t he Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable. (j) Any waiver of the rights under this section shall be void as contrary to public policy. (k) The Santa Ana City Council shall not amend the provisions of subsection (b)(1) regarding at-fault just cause and subsection (b)(2) regarding no-fault just cause, without approval by two-thirds (5/7) of all members of the City Council. Section 8-3121 – Notice of Termination of Tenancy. (a) When terminating a Tenancy either at-fault or no-fault, an Owner must comply with all of the following: 1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in section 8-3120(b); and 2) The Owner has not accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and 3) The Owner qualifies the termination as at-fault or no-fault just cause, as specified in section 8-3120(b); and 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City’s Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section.     City Council 27 – 24 10/17/2023 16 5) The Owner must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the Tenancy, in addition to English. Section 8-3122 – Retaliatory Eviction and Anti-Harassment. (a) Retaliatory Eviction. 1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily. 2) A Tenant may assert retaliation affirmatively or as a defense to the Owner’s action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation. 3) Retaliation against a Tenant because of the Tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation. (b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, offering Residential Real Property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to Residential Real Property under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following: 1) Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3. A. ‘Interrupt, terminate, or fail to provide Housing Services’ in this provision does not include interruptions, terminations, or failure to provide Housing Services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Rental Agreement.     City Council 27 – 25 10/17/2023 17 2) Take any of the following actions in bad faith: A. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws; B. Fail to exercise due diligence in completing repairs and maintenance once undertaken; C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; D. Conduct elective renovation or construction of unit for the purpose of harassing a Tenant; E. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit; F. Refuse to cash or process a Rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; G. Fail to maintain a current address for delivery of Rent payments; H. Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qua lifications for a Tenancy; I. Release information protected by the Tenant's right to privacy except as required or authorized by law; or J. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation. 3) Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or     City Council 27 – 26 10/17/2023 18 otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property. 4) Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security. 5) Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications. 6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action. 8) Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a Tenant: A. Sign a new Rental Agreement not in the Tenant's primary language if:     City Council 27 – 27 10/17/2023 19 i. Rental Agreement negotiations were conducted in the Tenant's primary language; ii. The existing Rental Agreement is in the Tenant's primary language; or iii. Owner is otherwise aware that the new Rental Agreement is not in Tenant's primary language. B. Enter into a Rent repayment plan if the Owner states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans. 10) Offer payments to: A. A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Owner in writing that the Tenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation. 11) Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying Tenant. 12) Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law. 13) Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation t o such occupancy. 14) Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move.     City Council 27 – 28 10/17/2023 20 15) Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards. 16) Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant’s immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended. Secs. 8-3123 - 8-3139. - Reserved. DIVISION 3. – RENT STABILIZATION Section 8-3140 – Prohibited Increases. (a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty percent (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa - Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach- Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to su bsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent. The Santa Ana City Council shall not amend this Subsection to allow for increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or one hundred percent (100%) of the change in the Consumer Price Index, without approval by two-thirds (5/7) of all members of the City Council.     City Council 27 – 29 10/17/2023 21 (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year. Section 8-3141 – Reasonable Rate of Return. This ordinance allows for an annual adjustment of Residential Real Property or Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index-based increase is found and determined to provide a just and reasonable return on an Owner’s property, and has been adopted to encourage good management, reward efficiency , and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rents and rental increases. Notwithstanding the foregoing, however, any Owner of Residential Real Property or a Mobilehome Park who contends that the limit on rental increases set forth in Section 8-3140 above will prevent the Owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division. Section 8-3142 – Fair Return Petition for Rent Increase. (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit. (b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following: 1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics; 2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent Increase if no previous Fair Return Petition has been made; 4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit;     City Council 27 – 30 10/17/2023 22 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit; 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants; 8) Changes in reasonable Operating Expenses; 9) Changes in Net Operating Income; 10) The need for repairs caused by circumstances other than ordinary wear and tear; 11) The amount and quality of Housing Services provided by the Landlord to the Tenants; 12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and 13) Landlord’s substantial compliance with this Article and applicable housing, health and safety codes. Section 8-3143 – Capital Improvement Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass -through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions: 1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance); 2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition; 3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement; 5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit; 6) The Landlord may not require a Tenant to pay more than the Tenant’s share of the cost attributable to that Tenant’s Rental Unit that is permitted to be passed through to the Tenant; 7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be     City Council 27 – 31 10/17/2023 23 so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited; 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a “use fee” is charged (i.e. – coin operated washer and dryers); and, 9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall they be considered Rent for purposes of calculating a Rent Increase. (b) Calculating Capital Improvements. Any Capital Improvement pass- through cost must be calculated according to the following: 1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass-through amounts; 2) For mixed-use structures and Landlord-occupied Rental Units, only the percent of residential square footage will be applied in the calculations; 3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. – insurance, court-awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following: 1) Capital Improvement completed; 2) Landlord’s Petition made within two (2) years of completion of Capital Improvement; 3) Distinguished from ordinary repair or maintenance; 4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit; 6) No “use fee” or other charge imposed on Tenants for its use; and, 7) Cost-factored and amortized. Section 8-3144 – Tenant Petition     City Council 27 – 32 10/17/2023 24 (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds: 1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase; 2) To request a reduction in Rent based on decreased Housing Services; 3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations; 4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or, 5) For any other violation of this Article by the Landlord. (b) Tenant’s time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits: 1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and, 3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s). (c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following: 1) Landlord allows violations of this Article or other applicable state and local statutes to persist; 2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear; 4) Landlord’s failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord’s failure to comply substantially with this Article or applicable housing, health and safety codes.     City Council 27 – 33 10/17/2023 25 (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated. Section 8-3145 – Petition Process A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a “party” to the Petition. The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. (a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division. (b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule. (c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days. (d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord: 1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or, 2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability. (e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Land lord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the     City Council 27 – 34 10/17/2023 26 right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party. (f) Hearing Officer. An impartial Hearing Officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers: 1) To make a determination on a Petition; and 2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer. (h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing. (i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. (j) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties. (k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may off er any documents, testimony, written declarations, or other evidence that, in the opinion of the Hearing Officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer. (l) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The Hearing Officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The Hearing Officer may request the City to conduct a current building inspection if the Hearing Officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under     City Council 27 – 35 10/17/2023 27 this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied. (m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing. (n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings upon which the determination is based. The Hearing Officer’s decision on a Petition may be reasonably conditioned in any manner ne cessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division. (p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer’s decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code. (r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to res tore the parties to the position they would have occupied had the Hearing Officer’s decision been the same as that of the Board.     City Council 27 – 36 10/17/2023 28 Section 8-3146 – Voluntary Mediation (a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence. (b) It is the intent and purpose of mediation to provide a process in which Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process. (c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the Mediator is to facilitate open communication to resolve a dispute in a non-adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the Mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the Mediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract. (e) Should the parties fail to agree to a resolution, or the Mediator determines that the parties have reached an impasse, the Mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division. (f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (g) The Mediator and/or Program Administrator shall provide documentation and translation services in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.     City Council 27 – 37 10/17/2023 29 Section 8-3147 – Exemptions. (a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: any Residential Real Property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable. (b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to a long term (more than one year) Rental Agreement (California Civil Code section 798.17); any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as a person’s primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable. (c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: (1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Housing that has been issued a certificate of occupancy within the previous 15 years. (4) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.     City Council 27 – 38 10/17/2023 30 ii. A corporation. iii. A limited liability company in which at least one member is a corporation. B. i. The Tenants have been provided written notice that the Residential Real Property is exempt from this section using the following statement: “This property is not subject to the Rent limits imposed by Santa Ana Municipal Code section 8- 3140 and the Owner is not any of the following: (1) a real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” ii. For a Tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to be provided in the Rental Agreement. iii. For a Tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental Agreement. (5) A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. Section 8-3148 – Rent Increase Ineffective. No Rent Increase shall be effective if the Owner: (a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the Residential Real Property or Mobilehome Space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health     City Council 27 – 39 10/17/2023 31 and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or (c) Fails to make repairs ordered by the City or court of competent jurisdiction. (d) No Rent Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-3149 – Notice Requirements. (a) An Owner of any Residential Real Property or Mobilehome Space subject to this provision shall, on or before the date of commencement of a Tenancy, give the Tenant a written notice in a form prescribed by the City which must include the following information: (1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division. (b) As part of any notice to increase Rent, an Owner must include: (1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division, unless such Rent Increase is pursuant to an approved Fair Return Petition. (3) No Rent Increase shall take effect until the requirements of this Division have been met. (c) The Owner must give notices to the Tenant in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.     City Council 27 – 40 10/17/2023 32 Secs. 8-3150 - 8-3159. - Reserved. DIVISION 4. – RENTAL REGISTRY AND RENTAL REGISTRY FEE Section 8-3160 – Rental Registry Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following: (a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has: 1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management. 1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Own er, within thirty (30) days of the close of escrow. 2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner's property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants. 3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes. (c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re-register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented.     City Council 27 – 41 10/17/2023 33 (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by th e Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date. (g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form: 1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers; 4) Date of assumption of ownership by current Owners; 5) Current Rent; 6) Date and amount of last Rent Increase; and 7) Move-in date of current Tenant(s). The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article. (h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information prov ided in the Rental Registration Form is true and correct.     City Council 27 – 42 10/17/2023 34 (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. (j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has: 1) Paid all fees and penalties owed to the City with res pect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and 2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator. (k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. (l) The Santa Ana City Council shall not amend the Rental Registry without approval by two-thirds (5/7) of all members of the City Council. Section 8-3161 – Rental Registry Fee Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. The Santa Ana City Council shall not amend the provisions establishing the Rental Registry Fee without approval by two-thirds (5/7) of all members of the City Council.     City Council 27 – 43 10/17/2023 35 (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid-year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City. (d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass-through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass-through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass-through cost overpayment. 1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. Section 8-3162 – Education and Outreach. The Program Administrator shall have the authority to contract with community- based organizations for them to assist in the education and outreach related to this Article. Secs. 8-3163 - 8-3179. - Reserved.     City Council 27 – 44 10/17/2023 36 DIVISION 5. – RENTAL HOUSING BOARD Section 8-3180 – Rental Housing Board There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following: (a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at-large Members with no financial interest in and no ownership of income-generating rental housing. (b) Chairperson. The Board shall elect annually one (1) of its Members to serve in the capacity as Chairperson. (c) Eligibility. Residents of the City are eligible to serve as members of the Board. (d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator. (g) Amendment of Rental Housing Board. The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council. Section 8-3181 – Rental Housing Board Member Term and Compensation (a) Term. Board Members shall serve for a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be     City Council 27 – 45 10/17/2023 37 eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason. (b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance. Section 8-3182 – Rental Housing Board Powers and Duties (a) The Rental Housing Board shall have the following powers and duties: 1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board. 2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule. 3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, Hearing Officers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article. 6) Such other duties as are designated by resolution of the City Council. Section 8-3183 – Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article. Section 8-3184 – Rental Housing Board Meetings (a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law.     City Council 27 – 46 10/17/2023 38 (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business. (c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board. Section 8-3185 – Judicial Review Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board’s decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review. DIVISION 6. – ENFORCEMENT AND REMEDIES Section 8-3200 – Violations (a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. (b) Civil Action. Any aggrieved person, including the City and the Peo ple of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the eviden ce. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section. (c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, includi ng the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord’s failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit. Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for     City Council 27 – 47 10/17/2023 39 wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees. (e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non-Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right. Secs. 8-3201 - 8.3299. - Reserved. Section 2. To the extent that changes in state or federal law adopted after this Ordinance, conflict with this Ordinance, the Santa Ana City Council shall be authorized to make any changes and modifications necessary to conform to the changes in state or federal law without presenting the matter for a vote of the People of the City of Santa Ana. Section 3. If approved by the voters, this Ordinance shall be codified in Article XIX of Chapter 8 of the Santa Ana Municipal Code. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Pursuant to California Elections Code Section 9222, this Ordinance must approved by a majority of the eligible voters of the City of Santa Ana voting at the General Municipal Election of November 5, 2024. Section 6. In the event that this measure and any other measure relating to rent stabilization, rent control, or just cause eviction shall appear on the General Municipal Election ballot for November 5, 2024, the other measure(s) shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure(s) shall be null and void. However, if this measure is approved by the voters but superseded in whole or in part by another conflicting measure approved by the voters at the same General Municipal Election, and     City Council 27 – 48 10/17/2023 40 such other conflicting measure is later found to be or held invalid, this measure shall be self-executing and given full force and effect. Section 7. This Ordinance shall become effective ten days (10) days after the City Council has certified the results of the General Municipal Election by resolution . Section 8. Following the City Clerk’s certification that the qualified voters of Santa Ana have approved this Ordinance, the Mayo r shall sign this Ordinance and the City Clerk shall cause the same to be entered into the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.     City Council 27 – 49 10/17/2023 Resolution No. 2023-XXX Page 1 of 5 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vasquez brought forth a councilmember request for consideration of proposing a ballot measure to the voters regarding noncitizen voting in municipal elections; WHEREAS, on September 19, 2023, the City Council voted to direct staff to prepare the ballot measure items to place the ballot measure before the voters at the November 5, 2024 election; WHEREAS, pursuant to California Elections Code section 9222, the City Council is authorized to submit this question to the voters at the November 5, 2024 General Municipal Election; and; WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure described herein with the Statewide General Election to be held on November 5, 2024; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2 Pursuant to the California Elections Code Section 9222, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting the ballot measure question to the qualified voters of the City of Santa Ana. Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City of Santa Ana desires,     City Council 27 – 50 10/17/2023 Resolution No. 2023-XXX Page 2 of 5 on its own motion, to submit to the voters a question of whether to permit noncitizens to vote in municipal elections at which municipal officers are elected at the General Municipal Election to be held on Tuesday, November 5, 2024. Section 4. The ballot question for the proposed ballot measure shall be as follows, with identification as determined in accordance with the California Elections Code: MEASURE __ Do the People of the City of Santa Ana approve noncitizens voting in City of Santa Ana municipal elections at which municipal officers are elected? Yes No Section 6. The question to be submitted to the voters is set forth above and other implementing actions may need to be taken by the voters and the City Council should the voters approve the measure. Section 7. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved. Section 8. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law. Section 9. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections C ode, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having t he Registrar of Voters render such election services to the City of Santa Ana as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed. Section 10. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ba llots and voter information guides; the     City Council 27 – 51 10/17/2023 Resolution No. 2023-XXX Page 3 of 5 establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by the City Clerk. Section 11. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange. Section 12. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. Section 13. The City Clerk is hereby directed to transmit a copy of the Measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (714) 647-6520 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed no later than the deadline for direct arguments. Section 14. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the Measure hereby submitted at the General Municipal Election. Section 15. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 16. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law. Section 17. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.     City Council 27 – 52 10/17/2023 Resolution No. 2023-XXX Page 4 of 5 Section 18. Pursuant to California Elections Code Section 9295, this Resolution and the attached Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. Section 19. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelin es. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environm ent.” Section 20. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity o r unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 21. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Section 22. The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange C ounty Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight (88) days before the date of the election. ADOPTED this ____ day of _____, 2023. Valerie Amezcua Mayor     City Council 27 – 53 10/17/2023 Resolution No. 2023-XXX Page 5 of 5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023. Date: City Clerk City of Santa Ana     City Council 27 – 54 10/17/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 17, 2023 TOPIC: Accessory Dwelling Unit Planning and Building Agency Review Fees AGENDA TITLE Public Hearing to Adopt a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2023-2024 to Reduce the Planning and Building Agency Review Fee for Accessory Dwelling Unit Applications and to Create a New Review Fee for Accessory Dwelling Unit Applications Utilizing Pre-Approved Plans Legal notice published in the Orange County Reporter on October 4 and October 11, 2023. RECOMMENDED ACTION Adopt a resolution amending the Fiscal Year 2023-2024 Miscellaneous Fees Schedule to reduce the Planning and Building Agency accessory dwelling unit review fee from $2,609 to $1,701 and to establish a new review fee of $460 for accessory dwelling unit applications utilizing pre-approved plans. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS($1,701) AND ESTABLISHING THE FEE FOR PRE-APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) GOVERNMENT CODE §84308 APPLIES:No DISCUSSION Miscellaneous fees are intended to recover the City’s costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City’s actual costs in delivering said service. The California state legislature has recently passed a number of laws limiting local land use controls and development standards that local governments can impose on accessory dwelling units (ADUs). As a result, the amount of time that Planning staff     City Council 28 – 1 10/17/2023 Accessory Dwelling Unit Planning and Building Agency Review Fees October 17, 2023 Page 2 3 7 2 4 spend reviewing and processing each ADU application statewide has generally reduced. To ensure the City’s costs associated with delivering Planning and Building Agency ADU application review is commensurate with the corresponding service and does not exceeded actual costs, the Planning and Building Agency is proposing to reduce the ADU review fee from $2,609 to $1,701. In addition, the Planning and Building Agency utilized SB 2 (Building Homes and Jobs Act, 2017) grant funds to create pre-approved ADU plan sets that will be made available for the public’s use. These plans are near permit ready, only requiring the applicants to work with a design professional to create a site-specific site plan and a drainage plan. Since this is a new program and review of these types of plans was not contemplated in the Fiscal Year 2023-2024 Miscellaneous Fees Schedule, the Planning and Building Agency is proposing to establish a new pre-approved accessory dwelling unit review fee of $460. With the modified fee and new fee for pre-approved ADU plans, Planning Division staff will begin expediting ADU application reviews by being able to offer more over-the- counter review services. A reduction of the fees to match the actual time spent on these reviews will enable this new, over-the-counter service to begin after adoption of the modified and new fees and its effective date of November 1, 2023. FISCAL IMPACT There is no projected fiscal impact associated with approval of the recommended action as Planning Division fees are intended to recover the City’s costs associated with delivering the corresponding service. As described in the Discussion section above, the City’s costs associated with reviewing standard ADU plans and pre-approved ADU plans will be fully recovered through the proposed modified and new fees. EXHIBIT 1. Resolution Amending Miscellaneous Fees Schedule Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Steven A. Mendoza, Assistant City Manager     City Council 28 – 2 10/17/2023 Resolution No. 2023-XXX Page 1 of 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE FEE FOR ACCESSORY DWELLING UNIT APPLICATION REVIEW FROM TWO THOUSAND SIX HUNDRED NINE DOLLARS ($2,609) TO ONE THOUSAND SEVEN HUNDRED ONE DOLLARS ($1,701) AND ESTABLISHING THE FEE FOR PRE- APPROVED ACCESSORY DWELLING UNIT APPLICATION REVIEW AT FOUR HUNDRED SIXTY DOLLARS ($460) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 21, 1983, the City Council adopted Ordinance No. NS-1701 establishing a regulatory framework in Chapter 41 of the Santa Ana Municipal Code (SAMC) for the development of accessory dwelling units, commonly referred to as second dwelling units. B. On June 2, 2003, the City Council adopted Ordinance No. NS-2629 in response to changes to state accessory dwelling unit law (Assembly Bill 1866) amending certain sections of Chapter 41 of the SAMC related to the regulation of accessory dwelling units in compliance with state law. C. On April 3, 2018, the City Council adopted Ordinance No. NS-2940 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 494, Assembly Bill 2299, Senate Bill 229, and Senate Bill 1069) which limited local governments’ regulatory authority of accessory dwelling units. D. On April 7, 2020, the City Council adopted Ordinance No. NS-2986 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 68, Assembly Bill 587, Assembly Bill 670, Assembly Bill 671, Assembly Bill 88 1, and Senate Bill 13) that required greater flexibility in the development of these units and further limited local regulatory authority of accessory dwelling units. E. On December 6, 2022, the City Council adopted Ordinance No. NS-3030 amending Chapter 41 of the SAMC related to the regulation of accessory dwelling units in response to changes made to state accessory dwelling unit law (Assembly Bill 2221     City Council 28 – 3 10/17/2023 Resolution No. 2023-XXX Page 2 of 4 and Senate Bill 897) continuing the trend of further limiting local governments’ ability to regulate the design, siting, and development standards applicable to accessory dwelling units. F. Section 8-5 of the SAMC authorizes the establishment of fees and charges for permits, plan review, inspections, re-inspections, investigations, hearings or other purposes requiring fees by resolution of the City Council. G. On June 6, 2023, the City Council approved Resolution No. 2023 -031 establishing the Miscellaneous Fees Schedule for Fiscal Year 2023-2024. H. Miscellaneous Fees are intended to recover the City’s costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City’s actual costs in delivering said service. I. State laws limiting local land use controls and development standards that local governments can impose on accessory dwelling units have reduced the amount of time that Planning and Building Agency staff spend reviewing and processing individual accessory dwelling unit applications. J. To ensure the City’s costs associated with delivering Pla nning and Building Agency accessory dwelling unit application review is commensurate with the corresponding service and does not exceed actual costs, the Planning and Building Agency accessory dwelling unit review fee is reduced from $2,609 to $1,701. K. Planning and Building Agency staff utilized SB 2 (Building Homes and Jobs Act, 2017) grant funds to solicit two consultants to create pre-approved accessory dwelling unit plan sets that will be made available for the public’s use. These plans are near permit ready, only requiring the applicants to work with a design professional/engineer to create a site specific site plan and a drainage plan. L. Review of these types of plans were not contemplated in the Miscellaneous Fees Schedule for Fiscal Year 2023-2024. A new Planning and Building Agency fee for pre-approved accessory dwelling unit review of $460 is needed. M. Based on analysis and evaluation of staff time, equipment, and materials, these fees are recommended as set forth below. Section 2. The City Council hereby reduces the fee for accessory dwelling unit application review from two thousand six hundred nine dollars ($2,609) to one thousan d seven hundred one dollars ($1,701) and establishes the fee for pre-approved accessory dwelling unit application review at four hundred sixty dollars ($460). Section 3. Without further action of the City Council, the above-referenced fees created by this Resolution shall be incorporated into the City’s Uniform Schedule of Miscellaneous Fees for Fiscal Year 2023-2024 and updated annually.     City Council 28 – 4 10/17/2023 Resolution No. 2023-XXX Page 3 of 4 Section 4. This Resolution, upon adoption by the City Council, shall take effect November 1, 2023, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this ____ day of ___________________, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jonathan T. Martinez Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _     City Council 28 – 5 10/17/2023 Resolution No. 2023-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-_____ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023. Date: City Clerk City of Santa Ana     City Council 28 – 6 10/17/2023