Loading...
HomeMy WebLinkAbout FULL PACKET_2009-01-05REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: ABANDONMENT NO. 09-01: TO ABANDON A PORTION OF ROSS STREET AND A PORTION OF THE CIVIC CENTER ADJACENT TO THE STATE APPELLATE COURT ,' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution of intent to abandon a portion of the west side of Ross Street north of Santa Ana Boulevard and a portion of the Civic Center northeast of the Civic Center Parking Structure. 2. Set a public hearing for February 2, 2009. DISCUSSION In 2005, the City approved the sale of the property at the northwest corner of Santa Ana Boulevard and Ross Street to the State for the construction of a new appellate courthouse. This transaction coincided with the construction of the Civic Center Parking Structure just south of City Hall. At the time, the limits of the property boundary sold were based on preliminary layouts for both the parking structure and courthouse. Upon further development of these sites, it became clear that the property line needed to be modified to better fit the proposed sites. Abandonment of City right-of-way at two locations is required to better fit the final site layouts; one on Ross Street and the other to the northwest of the parking structure in the Civic Center (Exhibit 1). The portion of Ross Street to be abandoned is located behind the sidewalk and is not necessary for traffic circulation. The State is proposing to use the abandoned land to accommodate access to their site which will enhance the existing pedestrian circulation. This abandonment will also provide a consistent street right-of-way width along Ross Street. All effected utility companies have been contacted and no objections to the abandonment have been received. There are existing underground utilities within the proposed abandoned area including a Southern California Edison (SCE) vault and conduits; Time Warner conduits and City fiber option conduits. The proposed resolution will abandon the City's portion of the street with easement reservations for SCE, Time Warner and City facilities. 12A-1 Abandonment No. 09-01 January 5, 2009 Page 2 The portion of the Civic Center to be abandoned is located at the northwest corner of the Civic Center Parking Structure. This location is not necessary for traffic and/or pedestrian circulation. The area is just east of the new plaza area at the north end of the parking structure. This abandonment will allow the future landscaping for the courthouse planned for this area to be on State property for them to maintain. All effected utility companies have been contacted and no objections to the abandonment have been received. There is an existing City water main and fire hydrant within the proposed abandoned area. The proposed resolution will abandon the City's portion of the Civic Center with an easement reservation for the water main. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2008-248 will be filed for this report. FISCAL IMPACT There is no fiscal impact associated with this action. James G. Ross Executive Director Public Works Agency 12A-2 CITY HALL ~' ~.,~ i i VACATION ~k2 ~------ PARKING STRUCTURE APPELLATE COURT SITE --~ I ~ ~ I I~ I, ~~ o i I, li I, f j " ~PeO ~`' J~ ~ P~ .~' Q~ P i ~ i i I ~ I i FXHIRIT 1 SANTA ANA CffY COUNCIL Pi JANUARY 6 2009 ~K .~: ,~. Title I I I PUBLIC HEARING ABANDONMENT NO. 09-01 TO ABANDON PORTIONS OF ROSS STREET AND PORTIONS OF THE CIVIC CENTER ADJACENT TO THE STATE APPELLATE COURT i i i i i i w a i V i i i ~. _ l I I I I I 1 ~ , VACATION tk1 I ~_ 5TH STREET 12A-3 i ,.~ i ,.~' w'' RESOLUTION NO. 2009- 12/30/08 BK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE (1) A PORTION OF THE WEST SIDE OF ROSS STREET NORTH OF SANTA ANA BOULEVARD, AND (2) A PORTION OF THE CITY'S "CIVIC CENTER" WEST OF THE NEW COURT OF APPEAL, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 09-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: Pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to vacate (1) a portion of the west side of Ross Street north of Santa Ana Boulevard, and (2) a portion of the City's Civic Center west of the new Court of Appeal and northwest of the new parking garage. The proposed abandonment areas are shown on the map labeled Exhibit 1 attached hereto and made a part hereof by this reference. Section 2: Notice is hereby given that at the hour of 6:00 P.M. or as soon thereafter as the matter can be heard on February 2, 2009, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. Section 3: The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the abovesaid hearing, in a newspaper of general circulation in the City. Section 4: The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the day, hour and place of hearing hereinabove set forth, and describing the portion of the public right-of-way area to be vacated at least two weeks before the date set for said hearing. 12A-4 ADOPTED this day of 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 12A-5 i i i VACAl1ON #2 ~•~ ~ w ~ ~•• ~ ------ i ~ i i _.~~~~~ ,i L_ i-~- i ~ ~ APPELLATE COURT SITE i i ~ it i PARKI G i ~ STRUC URE ; 'i I i - ~----~ ~----------- ~ ~ ~PQO `~ 0OJ~ ------- j --------~ PAP i' P ~ i '~ 5P~ j ,~ ' '~ ~ y'''tY ,, ~vuio~T ~ SANTA ANA P^ CITY COUNCIL l AGENDA DATE JANUARY 5, 2009 PIELI( 110X45 RLENLY i i i ~_~_ +_ ~~~ VACATION #1 w a 5TH STREET / ,, 1 Title PUBLIC HEARING ABANDONMENT NO. TO VACATE PORTIONS OF ROSS STREET AND PORTIONS OF THE CIVIC CENTER ADJACENT TO THE STATE APPELLATE COURT 12A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: APPOINTMENT OF MEMBERS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD f ~ / yr-_, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on 2"d Reading ^ Implementing Reso{ution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Appoint Ms. Patricia Carter, Director of Regional Occupational Program/Career Development, Santa Ana Unified School District, as an educational agency representative on the Santa Ana Workforce Investment Board. 2. Appoint Dr. Daniel Solkamans, owner, Pure Health Lifestyle, as a private sector member on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of November 21, 2008, by a vote of 20:0 (Claudio, Figueroa, Gebre, Jimenez-Harm, Korthuis, Lacroix, Martinez, Metzler, and Wadhera absent), the Workforce Investment Board recommended that the City Council appoint Ms. Patricia Carter, Director of Regional Occupational Program/Career Development, Santa Ana Unified School District, as an educational agency representative on the Santa Ana Workforce Investment Board and Dr. Daniel Solkamans, owner, Pure Health Lifestyle, as a private sector member on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Ms. Carter has been selected to replace Mr. Jack Oakes as the Santa Ana Unified School District's representative on the Workforce Investment 13B-1 Appointment of Members to WIB January 5, 2009 Page 2 Board by Ms. Jane A. Russo, Superintendent (Exhibit 1). There are three mandated private sector positions on the Board that are currently vacant. After an extensive recruitment campaign and interview process, staff is recommending the appointment of Dr. Daniel Solkamans as a private sector member (Exhibit 2). FISCAL IMPACT There is no fiscal impact associated with this action. Cynt i J. Nel on Deputy City Manager for Development Services Community Development Agency CJN/LS/FJ/mlr \\cda-ch\user$\MROtter\My Documents\SharePoint Drafts\010509_WIB_Appts.doc 13B-2 ~""1 W O U MW wl W M~ ~I O ~ U cC •~ ~ a ~ ~ ~ Q ~ ~ ~ N ~2 O ~ s-. ~ ~. ~ U O ~ 0 U Q . O '~; c~ U ~ w "~ W Q v 0 U w ~ U ~. . ~ ~ ~" W ~ w U ~. ~ ~ U z O ~, 3 ~ O ~ o ~ '~ z ~ ~ ~ ~ ~ ~ ~ 0 U Ol W ~ ~ Q' ~, ~' ~ ~ ~ ~ ~ ~ ' ~ y U O ~ ~ . am, ~ ~. ~ ~ ~ ~ , O ~, ~ ~ ~ ~ o ; s~, C ~ bA ~~ .. 0 ~ o 3 ' ~ o 3 ~ o u U . ~ ~ ~ ~ ~ 3 ~ Q. ~ . ~ -'-= o ~ 3 ~ -a o ~ ~: ~ ~ 3 -~ ~ ~ ~ ' ~ `~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ Q Q U ~ EXHIBIT 1 Z N Q Z O N U ~ ~ ~ N ? ~ ~ ~ ~ N ~ 0 ~ V ~ U ~ o .~ ~ ~ ~ ~ ~ ~ ~ w o '~ o ~ ~ ~ ~ ~ •~ ~ ~ U O ~ U 3 ~ °' a~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 N ~ > ~ U ~ ~° ~ O ~~ o ~ ~, ~, ~ z ~ U ~ ~ ~ 3-. C~ ~ ~ ~ ~ u ~ ~ ~ u ~ ° U ~ •~, ~ C.~ ~ w ~ 3 °J ~ ~ .My 3 d U ~ o U ~ v 0 N O N .~ C 0 U a~ a~ E E X ~L C 13B-3 ~s ~'~ ~~~~: ~~~ -~an~a A~~. ~Jnifle~ chac~l Distrit~t 'e+ r' 4 ~'~sc~aoL°~~ Jane ~. Russo, Supe~nt~nc~+`nt `~r~~nctttl7ea~ ?, ~Clf) bran .iutzi - 117 5artta ,•~~tta ti~~TB Adrauni~tr~uiWC C)}~tice P.CJ. E3ttx I~) S~tr~ta:~tta, C.';•\ 9?7(.}7-lt)~ Dcstr I~ral~: `sant~l ,~r~~t }_itti}'ic~l Scl~iml I~i~tl-ict i n~~tnilttrtin;~ Patricia C:,trtcr ict ,~~rr,e as Jack O~tla, r~plaCetlt~tit C~tl 1"~~Etr ~~`t,~rkl'r?CC:f'. }llVt:;Sttl't~Jlt ~3t~arCl ttn~1 YtJ~ttl1 C't7tll~rcil, lt~`z art' cuta(iE clot t}laL s}lC «'ill t1c~ Jn kntt~tattdin~ ftrh_ 1 ha~.~~: ~tlttl~,hr:i! tr c~~py ~~[ hc.l' resulrc:.. }`lease dc} Writ I~estc.ttc t~~ ectnttict m~ if ~~ou h4at~e ala'~~~ c}trt~tit)n5. Sit~c:crelw~. .apt ' ~"~,- ~:Illl. /'~. ~llti5t7 Sup riluc.ndi:rll. ,''ittGl(:Illllt;llt I(,Iil i. t'Ei~~;uuit A~~.. Santa ulna. C'rl y2?0I. (?1-1;~ 55ti-'i5(11 1~~~~ r~7UC.1TI(lN J+~2 .+~Il~ric3u Hrrn;i:u r~. f~etiu ent • iZuh RicJtar~lsr+n. 1`icc. Pr~ai~cnf ,~\~seit-~~~ 1 ~tm•t;~als-1"c~p~, 1'It.U.. C'lcrk ~ R~.~s~uuu~i~: r'~~•il,i. I',f~¢nl~~tir ~ .f:,l~zil h:~t<~: u~ ~~3cmf~ct 13B-4 P.~ Tlti C I.~~ C~~1 ~IU~LA RI:~i Ct1 it'I,T; IZ 1 ~kCi"? C,trttec~ Dt'ive f7]~1:i ?31-71')? 9tort're (?1-f'~ ~Ih-a`(I(15 cell 1'atr~ici a,Carter~itx~ ti=ui 5cl.ta, Dit•ectt)r ctf l~eL~it~nal ()~cupttic)t~al ['rt~`~r'ait) / C~t.rect~ Dt::v~.lol)t»ent I+'.~€ICI_JTI~'L PR(lI~'Il~li~ iatncr~~rtti~t°. ;.tncl re.4uits-ti:rive~n letlcla:•t° l'ea+vutieti r;nt achie~~in~ e~~:+.~lttit~nal r-°sults for 5tudcrttw. (.)t~t r t+.+~~~:atty succe~sst~ul year; in tca~;hira;r antt rnaaut~crtte.nt E~i~tGtc Re.:,>ior~al t)uctal7atiort~~a1 Pr`crr~~raatt (RCJPh. ixcels in tlc~~elol~in<.~ trlci ntoti`atin~,~ hi`.:hl~~ fr-~cu.<.cti teartt~ tftat .~uccc~~t~ull~~ tttrct ttr7cl e~~~cei3 {1r~iJ~~r;rrat 4.~oals. ~ - '.~ D~"n;irllrG 1L:3lif`C+~itttl te;art~ [ltlrli c'r', eCanSltitentlti~ rtlf7ttV rtln~` i~~F171'.l'S 1o4~'itl'll SUt'CLSti. •.• 1-li~lt level ot'or4~aniratc~nttl ~iE~ility artd pr-~,hlertt-tit?1~~iir~,~J c~tl~~tl~ility. '~' SiC(111~•T, 1C'~1C~G'CSEIt~ Ill [Jl"C)~'t'~1rlt Ittitr1ir~?C]'rl(3111 r9[31i ~1LgS1l1i_'Sti 1`111(;t'iat9C~r~ti, Strl~ervi~~s~rl~' exFtea-ttie and bud,~etin~~r e.~;pericnce. YI3C)FI+;SSI()iti~1l.. IsYPI~'ItII NC`F. i'rcr~rarn i~1zmr;~crrrent Rce,7rttrttertded :rn~l ciev~clopet3 RCJI? {?rt~~~rartts ~nt~~ ~er<<iec.s ftsr' l~u~,~11 ~eht~4,1 ~tuclettts. C)evclol~ect rtta4ter ~eheciule inn- R(~C'. t'ro~~icied Iraaaer;;ltil~ in the irr,tr~tictir~at;tl }:~ro~rar7t, ~'I~truteci ant! c~aorc~fin,it~~ a prt>leysiirn~l deve.lol~at~nent pr~or,rarrr. M,u~a~.cd, rtacmii~~rc~d, aurlitc.a, end ev~thritted pr'~~~ rrratts. .1~laitttttirteci rec~}rd~ at 4trrilerttti, te~r~ther•~, and cla~;~cs t~:~ pr-r>viclt, chat,:a necc~+~,rry t+.r c:r_trttplcte District, State trnd f~caer~t[ arp~tris. lies:rrutittent~~Sc.le~aactrxJluvtrlu~rtictn ol~ f'ersonnc.l 12c51~.7nsihte. toe the r~crt.ritritertt +_~f~ccrtiLicatcd lter5c~ttnel. Rcspc:antiii.~lt: t~or the tielection o[ cluttlii'ie.~l te~~acher' ~:tr7cii~itrt°s f~:rr' critett ltc~y~ita~.riy~. Strlr~rvised ~ancj eti:tluateci l~erse~nrtcl. I3tisirtess (~l~eratiurt ~9~tnrt~c.ntertt rtf f~ecierttl Pcrkirtti _~rtrrtt: butigc:t anct ,twit respt~nsihility. tncre4t:sctl staff l~rotiucti~~ity by creating and irnl~lerne.rttin~ ~rrrrcccinrc5 Ic, ef~Cit:ie.rttl~' +:'ctt111.71L:C1~ t.'t~k5. C)cr~~e[iapeti tine irttlalemente~i trart;:portati~rt plan fa:~rr R(-)I' stucir.rtts; monitored and autlitecl ir-crr~l~xx~tation E~ud~et. ;~,~~;i4le.tl in the ~,r-clerlnr :tracl rt~ttnitctrint of tuxtEiooks, supl)lieti anci eyuilaattent ir7ventcrie~, Collcctccf anti att~~>nitc~~rc, R[:)f' attc rtc~anc.e ret~ortti ar~td FZOI' er3ra lln~ent d~rttt. PtiL}lic Rclaticntti ~~`crrl:ctl ~v'itlt s:~verirl ~~t~~~anii~rti~rn:~ irtcltrc.iin~~ Central County RC~1' .tnci S,~l_'SD tti~>Et ~c.hc~r?I 1?rincilrtrl~; ancf c~thc.r ntana~~eanent per•sctnrtcl tc7 crcatc 17rcr~=rrrn~ ih~ti l~err~:.l~it student; arttl stippc~rt the imtgr~c~F~~enrent cEf~ teat}tirr~ arrd lcar7ziit•tw. EXHIBIT 1 13B-5 1,'att-ic.i~i (_', C;Irta~r P, ~r~ , ~~.1Y'll<~l..l~~r~~A.1}~\T A~~l4l A*~~1`~~ ~~~R(al?tr.~?~li1C~1 r~n.i ~~tltilC(l .~~f'l:llz.?CII I.1ttiLl'ltt L)irircltar. I~tJPt(:~r~.rr.r' Dt~~~~Ic,Iarnetlt ~ cjti~)-l~t'<:tiCll[ ~? f)tl~; .~l~,.itit<itlt Directc~t-. Cuct"ictllutla :tttd In~truciic7ta ~flff~-t-}f)f~ti Pt'C?~l'CltT1 ~F?t'<:IwiliSt..~itLt~I~lll SUla~1l)1't 1r1C'I~L`i4'~..w I t)C)i}, ~t)(),:~ I~.C7P T3u5ine~s T~rtchet' 14t~~-1 tDt)t) .'~tttnctanct' Teclaniciiirl 1~}fit)-i~)~~I (~'CP(~I'!(:,at'#e.r't CirraL`c [ ttlifi4ii S~ lltasil Dis@rict . rdC~P I3u~ita4.`s Teitrher" l ~J,~,:;- I'15 Sant.<i ,~~na CJnif'ied Scht,cal I)istt'ict 1~~73-It1~1-1 C'la5sil'ie:c! Pca~ti<?n rnL~:t~1't()~ AND CR)CULIti~'1't.ar,ti ~.~~1111~<~ILCIt~I ,~4L)Rlitlttil]'~9ttL`~ f*~fG;tli'.111L~11 Suhervisi~an ~~ t,»"~~ar+~inati~~an i~,i' 17e~i~ta~it~il SEtLajt.~~•t~ C'~t'e~I~tllitiE 14~lastt.t' oaf .~tirtti, ()cc~r,tl};itic~tlal ~Stuilier C-'~ilif~~t'tlia Teai<hinr C'r~~tltrntial I7~~i~~,tultccl Sttbje~ts-~'~a~titi+_,n~i1 Pacla~It~r tat' ~%~tc:~titan,zl ~~uc~iti~+ti, Cum 1_;itTCi:`. 13ilin;~ual ~`ncatiunal lntitructc~r'1't'ainin~~ Prca~=rar~1, C':~I iI_:I3 ~C'C()ItIPLISE~~)ti.l\T'1'w CS[~TI.B Cir~3dutttr~, r)e:ln'ti I.iSt:~i`Univerity Sch~al~ir~ ?C)(}1 Ciracluate Student I.e~idersllilalNt~rn-tan R. Stanger 1~sr-arcl '?flf)I PI7i I~aI~Ia~:t Plai - '~Iaticjnal I-Cc~nc~r Scaciet.y ! Cc,flr;Ue „I' I3usin~~~;~ .~dtalit7i~tt~titi~an S1~iT~:~~)~1IZC)P Te~~c~het- {11' tla~ ~'~~u' l9'7(~-~)7 (~rang~ C~~unty I~eprlrttll~tlt <~1' F~3uc:kati~~tt~~Uett~lan~iin~* i`:'~~ratt'i~alttitsrtw tia I~:duc,lCit>n in C~t-anWTr. C't7tinty 1~3~f~~~ [,e.a~uc ~l' L~atitl r'~nicrican C.'iti,ren:~. C)ut5ttltldin~~ Teaclacr I4}~~ C-3ilin~ual ~:~~~cation~il Itl~ta-uctr~r "I'tairain~ C~~t~rzCtnat«t ~ ,~1,LLr1rt:I 19~ IZ~FERFUC IBS I~~?RNISI-I74f) t_~!'()~~ I:Et~)>_t>~S'1' EXHIBIT 1 13B-6 N j.d . r..i • ^I .tr W MCI O w W ~ ~ ~ v°, ~ ~~ Q _N ~ ~ `~-' ~ ~ ~ ~ x ~' a ~ 3 O ~r ~ ~ c~ N x ti W V U W O ~ rTl L~ U ~ " z ~ U O ~, 3 O ~ ~ a~ ~ ~ o ~ '- z ~ ~ y ~ ~ ~ ~ ~ O a~ W ~ ~ ~ ~ ~ ~ ~ nw, ~ G~ c C C/~ cC ~ ~ ~ U ~ O ~ ~ ~ ~ ~ ~ , o ~ ~ ~ ~ O ~ s ~ bq ~ . ~ ~ 0 '--i ;.~ °. ~ o 3 , o ~ 0 3 ~ v ' b C) ~ Q." Yr i,n ~ ^~ Q ~ b ~ ~ 3 -o ~ ~ ~ o ~ ~ o o ~ ~ ~ ~ ~ ~. :~ ;_ ~ ~ ~ x' ~ Q Q U ~ EXHIBIT 2 O ~ N O ~ .ti Q z O N U v . ~ 0 V ~ ~ ~ ~ ~ o ~ .~ ~ ~ 'o a' ,~ ~ d U N • ~' ~ ti '~ O U ,--' U ~ U U ~ ~ .~ ti ~ ~ N ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~~ ' y '~ ~ a~ o o = ~ ~ z ~- ~ ^ ~ 0 3 U ~ o a~ -~ U U O ~ ~ > ' ~ ~+ o ~ ~ ~' U X ~ c~ .... ~ w 3 v N O M O O N .~ O U a~ i a~ m E X ~L C~ C 13B-7 I3r. I3~aniel St~lkamans 13v~-d Certified Chirvgr~stor 1.71.7 Old Tustin Ave. Santa Ana, CA 9??~ SL~-i1tARY (lF Dactvr of Clrisapractic dc~e with an etriplt3sis cx~ co~`rectivnal cArc ausd slxart AC'I~IEVE11fE1\TS related snjuries. Nonvrable Llisclssrge from the tJnit~exl States Marine Ccarpr Rescr~~e IrDLTCATION WFI'N Tltc American Ac:sdemy vf2*teurodl;agnost3c Testing„ Febraary 2U03 SEPARATION DATES Ixtclustrial I~issbility Exa~nineri(,~ualified Medics! E.xszniner Course, I~:ov~ettiber ~tJU2 Leas Angeles Ccrllcge of Chimprac~Cic, December 2t~0 F~allertot- CaUege, Jixne i 49fi New College of Galifarnia Science institute, June 199a R,sncho Santisga College, .lzL~c 1992 School of Infantry, United Stag Marine Corps. Lkccn~r l'39l F3ogt Csrnp of the United Stales Marine Corps.., Septeztt}acr I ~3~} [ Lutheran High 5chvol of Uran$e C.autzty, 3ut~e 3.99 RELATED W'ork+cd its a chincalxactic office from 1993 to 199$ were I achietiod Ilse ppsti+ata ~f EXPERIF?VCE office cuanager, At this tmploymrnt i Res in charge of all front and bsGk 4~~ procedures for a high volume personal and uF~ic injury practice. Space 3anuary ~f 20t}1 I am the sale owner of an incarlaorated chraprat^tic pructi~ce ica th,e City of 5snta Ana destling with spinal and general health and wcllrics;~. VOLU1titTEER WORK Member snd Ars~ba.s.Sa~lor of the Santa Ana. $usiness Alliance (Charnber ~tif Cccr3nnmercc} since ~(k)5 ?vember of the California Chirapractc Assvciaiitari Member of the Wortd Chiropractic Al:lance lion Man Triathlon ci+ticre I pcrfarnicd frcx Chiropractic therapy tc7 the competing. athletes. Sa1ti^atian Army H,arneless Shelter whcr,c 1 donatod rime, perforniin;g C:hirop;ac#ic services to hooaae3ess peopl.e- t.~rangee and i.as Angeles Counties At13S clinics w~he~re 1 fi~1•c Chiropt`acxic tresitiricnt to AiT)S ~-ictims. t'3f~icial chitaptactvr far C)rariga i..urtlitrari High School's athletic program whetE. 1 treat the atiile+tes far a varict~~ of s{aorts injuries. af~cial chiropr~tar faT Rama Craci 7ujit-Su studicti, Sasita Ana where I trettt s#hletes for injuries, nvrn#a11y- to their necks and upp~cr e:xtrcrnitses ACTIVL'TIES 1'as*~ci L~f~Ctr of C',ali.fvrnia Chirvp~raetic Assvciatian, C?range C.nty Chapter Was treasurer vfStttdent American Chiropractic Association during the 1'947 school year, CERTIFICATIt3NS C'.ertitaed Neumdiagnvstic Eti~alisator, 'B'he ,'~merican Acadrrtyy al' Ncauuclia~rc~a`tic aND I)ll'LO~S Testing Certified tndustsisl Disability miner; California Cltiroprt~tic Assa~ciution Chroprgc.tc Lie~enso; Stat,c ofCetifarnia; ~ DC- $17~. Itmdiography Supearvisar and C}perat~'s Lccrtse; :51ste a#'Califomis; ~ ftHC-16t~79 Y i)octor of Chii~ixactic; Las Angeles Cvllet~e of Clyimpractic, CrrtificaUe of Internship; Los Angeles Ccallcge of Clairxypractic_ L;erti;ate of Attauimtnt; Natiurbal Bo~sttl ofChimpraCtic~ Exsrniracrs. Associates Degree, CliesnistTy Fulltxtu~i C:allege Certificarc of Cam:plttion; New Caikge of California Sciea~ Institute ;;i+ai~Ie Discharge; United StaicS Marine +~'-orps 3-Iigh Sclapvl t~ri{rlcama; t~atZ~e Lt~tkaerata Nigh. Schav EXHIBIT 2 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: APPOINT ALTERNATE DIRECTOR TO BIG INDEPENDENT CITIES EXCESS POOL ~" ,' ,,.~, T ~ / ~~~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Carolyn Richard, Workers' Compensation Administrator, as the City's Alternate Director to the Big Independent Cities Excess Pool. DISCUSSION Since 1988, the City of Santa Ana has been a member of the Big Independent Cities Excess Pool (BICEP) which provides excess liability coverage to member cities. Per the BICEP Joint Powers Agreement, the City Council of each member city is to appoint a director and an alternate director to the BICEP Board. The director is usually the city's risk manager. Jeff Stevens, Risk Manager, serves as the City's Director and the alternative director position is currently vacant. Staff recommends that Workers' Compensation Administrator, Carolyn Richard, fill the vacancy and serve as the City's Alternate Director. Carolyn Richard has been attending BICEP meetings for over a year. FISCAL IMPACT There is no fiscal impact associated with this action. Enrique Alv Executi Dir c or Personn Ser ices Agency 13C-1 13C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CI NAGS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2`~ Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule far the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM Laura Sheedy To: Assistant City Attorney Date: November 25, 2008 From: Deputy City Manager for Development Services Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 98-088. ~~ Cynthia J. Nelson 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency Record Record Record Record Cate ory Series Descri tion Dates HOUSING Terminated Self -explanatory AUTHORITY Participant Files • Applications Jan 1998 -June 2004 from prior Wait List • Santa Ana Jan -Dec 2005 Towers terminated volumes • HCV terminated volumes Jan -Dec 2005 PREPARED BY: CONSENT BY: /~ Terri Eggers Date Cynthia J. Nelson Date Sr. Management Analyst Deputy City Manager for Development Services Community Development Agency Community Development Agency RECORDS DESTROYED: APPROVED BY: 108 Boxes ,; Joseph Fletcher ~'~ Date City Attorney 19C-3 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: December 17, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence January 1, 2007 and prior Correspondence/ January 1, Chronological Files Councilmember Self-explanatory 2007 and prior Council Requests Mayor Inquiries processed for Mayor January 1, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers January 1, 2007 and prior Correspondence General Correspondence Self-explanatory January 1, 2007 and prior Staff Inquiries processed for Staff January 1, 2007 and prior Monthly Status City Manager Self-explanatory January 1, Reports 2007 and prior Payroll Records Council/Staff Self-explanatory January 1, 2007 and prior APPROV z ~' u ~ David N. Ream Dat City Manager CONSENT: ,, Joseph W. Fletcher ~ Date City Attorney ' RECORDS DESTROYED: Volume Weight in Cubic Feet in Pounds AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-5 19C-6 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS r~ --~' !/f -T CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing additional revenues from the State of California in the amount of $1,929 in 15o Incentive Award funds and $34,260 in Rapid Response funds to be used to provide services under the Workforce Investment Act. DISCUSSION The State of California has awarded the Santa Ana Workforce Investment Board (WIB) with an Incentive Award for exceeding performance goals in Program Year 2006-07. These funds will be used to cover miscellaneous expenses for the WIB. The State has also funded the Rapid Response program for 2008-09 which provides funding to assist companies within Santa Ana who are downsizing or closing their facilities. These funds will be used for staff and operation costs for the Rapid Response program. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA Incentive Award account (no. 123-292-6291) and in the WIA Rapid Response account (no. 123-216-6291). APPROVED AS TO FUNDS AND ACCOUNTS: // ._ c /1_ it Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency i ~ ~ Francisco Gutierrez Executive Director Finance & Management Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING HABITAT CONSERVATION FUND PROGRAM GRANT AWARD FOR THE SANTIAGO PARK NATURE RESERVE WILDERNESS RESOURCES PROGRAM CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO 'sy`~ ~ FILE NUMBER CITY ANAGER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $100,000 in the Habitat Cons-Santiago Nature revenue account (no. 161-O1-5378) and appropriating same to the Habitat Conservation Fund expenditure account (no. 161-268- various) for the Santiago Park Nature Reserve Wilderness Resources Connection and Protection Education Program. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $100,000 Habitat Conservation Fund Program grant from the California Department of Parks and Recreation for the Santiago Park Nature Reserve Wilderness Resources Connection and Protection Education Program. The project will introduce Santa Ana youth to wilderness resources, emphasize the important benefits those services provide, and will educate residents on how best to visit, protect and restore wilderness resources both locally and regionally. The program will be conducted from the newly constructed Santiago Creek Wildlife and Watershed Center and will include field trips and group presentations that focus on plant and animal identification, habitat restoration techniques, wilderness ethics, and camping and outdoor skills. The City will use in- kind personnel costs to meet the 50 percent matching funds requirement. 20B-1 AA for Habitat Conservation Santiago Park Nature Reserve January 5, 2009 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Habitat Cons-Santiago Nature revenue account (no. 161-O1-5378) and the Habitat Conservation Fund expenditure account (no. 161-268-various) by $100,000. APPROVED AS TO FUNDS AND ACCOUNT: -~~•~B" Gerardo Mouet, Executive Direc~~tor Parks, Recreation and Community Services Agency 'T Francisco Gutierrez, Executive Director Finance and Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2008 ~ ,~' /~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager to accept the FEMA Assistance to Firefighters Grant 2008 in the amount of $211,440. 2. Approve an Appropriation Adjustment recognizing the FEMA Assistance to Firefighters Grant 2008 funds, a transfer of $52,860 in required "cash match" and appropriate the same into the FEMA Assistance to Firefighters Grant 2008 grant expenditure account. DISCUSSION The Santa Ana Fire Department through the Department of Homeland Security, Emergency Preparedness and Response Directorate (FEMA) has been awarded a grant from the Assistance to Firefighters Grant 2008 grant program in the amount of $211,440. The grant requires a 20o cash match ($52,860) for grand total of $264,300. The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. The grant funds are being used to provide Santa Ana Fire Department personnel with additional personal protective clothing that is in line with the City's goal to "optimize workforce effectiveness through training, technology, equipment, and facilities." 21 A-1 FEMA Assistance to January 5, 2009 Page 2 FISCAL IMPACT Firefighters Grant 2008 Approval of the Appropriation Adjustment will increase revenues in the FEMA Assistance to Firefighters Grant 2008 revenue account (account no. 146-O1-5350-10) by $264,300, and appropriate same into the FEMA Assistance to Firefighters Grant 2008 Uniform expenditure account (account no. 146-340-6331). /~ild~.~l L-- /' i i ,nom--,--_~ Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 21 A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AMENDMENT AND CONTRACT AWARD FOR LEASED / RENTAL VEHICLES (SPEC. NO. 02-076 AND 08-074) .~ ~' < C TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As AmE;nded ^ Ordinance on 1'' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Put~lic Hearing For CONTINUED TO FILE NUMBER 1. Amend the contract with Enterprise Fleet Services to extend the current vehicle lease period for vehicles under Grant funding, Fire Department daily operations and field assignment vehicles used throughout the Police Department by $222,000. 2. Award a contract to Enterprise Fleet Services for leasing and rental of vehicles for a 2-year period, with provision for one 2-year lease renewal, in the following annual amount not to exceed $150,000. DISCUSSION On November 21, 2005, the City Council entered into a three-year lease contract with Enterprise Fleet Service for a total of 29 vehicles; 23 for the Police Department, five for the Fire Department, and one for the Federal Empowerment Zone program. The vehicles are assigned to various personnel based on need. The 23 vehicles in the Police Department are assigned to background investigators, others in the Personnel Division, staff assigned to Training, and various division managers. Additionally, the Santa Ana Police Department leases vehicles for the Special Investigations Division surveillance program. Leasing a variety of vehicles allows them to be interchanged, in order to maintain anonymity and safety of the police officers. The vehicles in the Fire Department are assigned to the three Deputy Chiefs, the Fire Marshall and the Fire Suppression Captain. Providing vehicles carrying emergency equipment ensures quick response by the Fire personnel. The grant-funded Federal Empowerment Zone requires a vehicle to administrate the program. In addition, rental vehicles are used throughout the City on a daily and/or weekly basis. 22A-1 Contract Amendment and Award for Lease/Rental Vehicles January 5, 2009 Page 2 For the surveillance program leased vehicles, the notice inviting bids was advertised on December 3, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Requests For Bid mailed 3 Requests For Bid mailed to Santa Ana vendors 3 Bids received from Sana Ana vendor 1 Bids received from Sana Ana vendor Bids were solicited and opened on December 15, 2008, and evaluated (Exhibit 1). The bid received from Enterprise Fleet Services, a Santa Ana vendor, is responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds are available in the FY 2008-2009 budget as follows: Police Building & Facilities Account (no. 11-350-6291); Fire Prevention Account (no. 11- 321-6291); Federal Empowerment Zone Program (no. 129-035-6291). Funds for the duration of the contract period will be included in the proposed budgets in subsequent fiscal periods. APPROVED AS TO FUNDS AND ACCOUNTS: J j Pa~t`l M. Walters Chief of Police ~~ ~~~ Marc Martin Fire Chief PMW/MM/CJN/KM/08-074 ~l~Mt~tc~r ,~ Francisco Gutierrez Executive Director Finance and Mgmt Svcs Agency c Cynthia J. N son Deputy City Manager for Dev Svcs. Community Development Agency 22A-2 SPEC 08-074 LEASED /RENTAL VEHICLES ABSTRACT 12/15/2008 VENDOR ENTERPRISE REPUBLIC FLEET D.LONGO, INC. FLEET SVCS SERVICES LLC LOCATION SANTA ANA COSTA MESA EL MONTE VEH RENTALS DAILY RATE CHEVROLET IMPALA $ 29.00 NO OFFER NO OFFER CHEVY EXPRESS VAN $ 36.00 NO OFFER NO OFFER FORD EXCAPE $ 36.00 NO OFFER NO OFFER CHEVY MALIBU $ 28.00 NO OFFER NO OFFER VEH LEASE 2-YR MONT HLY LEASE FORD EXPLORER $ 480.54 $ 1,156.42 NO OFFER TOYOTA CAMRY $ 497.77 $ 806.52 $ 730 00 CHEVY 1500 P/U $ 442.09 $ 877.31 . NO OFFER FORD F-150 P/U $ 476.91 $ 1,147.20 NO OFFER DODGE CARAVAN $ 607.84 $ 1,163.35 $ 713.00 TOYOTA SIENNA AVERAGE $ 501.03 coNTRACT nniLEAGE 30,000 MILES 30,000 MILES EXCESS BILLED AT $ 0.15 NO QUOTE FORD F-150 P/U $ 0.10 TOYOTA CAMRY $ 0.12 DODGE CARAVAN $ 0.12 FORD EXPLORER $ 0.14 CHEVY 1500 P/U $ 0.14 CONTRACT NOT TO EXCEED 20 LEASED VEHICLES PD SPECIAL INVESTIGATION DIV 20 X $501.03 VENICE RENTAL -CITY WIDE PER MO ANNUALLY $ 10,020.60 $ 120,247.20 30, 000.00 SUMMAY OF BID AWARD ENTERPRISE FLEET SERVICE TOTAL AWARD IN THE AMOUNT OF ROUNDED OFF $150,000 ANNUALLY Exhibit 1. 22A-3 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR FIRE HYDRANTS AND ACCESSORIES (SPEC. NO. 08-073) /' .r CIT A GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to S & J Supply Company, Inc., for fire hydrants and accessories for a one-year period, with provision for four, one-year renewals in an annual amount not to exceed $90,000. DISCUSSION In order to maintain fire safety standards, the Public Works Agency (PWA) requires an assortment of fire hydrants and accessories. The materials necessary for fire hydrant repairs and replacement are purchased through the Central Stores warehouse for distribution to PWA. The notice inviting bids was advertised on November 20, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 7 Bids received 3 Bids received from Santa Ana vendors Bids were received, opened on November 19, 2008, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bid received from S & J Supply Company, Inc., is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. 22B-1 Contract Award for Fire Hydrants and Accessories January 5, 2009 Page 2 FISCAL IMPACT Funds are available in the Water System Maintenance and Water Utility Acquisition & Construction Capital Expense Operating Materials & Supplies account (no. 64-575-6391). v .~/ James G. Ross Executive Director Public Works Agency JGR/WO/08-073.9: APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR FIRE HYDRANTS AND ACCESSORIES (Spec. 08-073) Vendor S & J Supply Co. HD Supply J W D'Angelo YO -Fire Inc. Waterworks Company Location Santa Fe Santa Ana La Habra Stanton Springs Payment Terms Net 30 Net 30 Net 30 Net 30 CENTRAL STORES STOCK ITEMS CATEGORIES A Fire Hydrants $ 65,270.95 $ 67,490.00 $ 67,729.00 $ 71,527.61 B Hydrant Extensions $ 7,302.54 N/R $ 7,425.10 $ 7,545.56 C Hydrant Repair Kits N/R $ 5,580.00 $ 6,201.78 $ 6,305.82 Total Cost $ 72,573.49 $ 5,580.00 Estimated Annual Usage-Stock Items (Including Sales Tax) $ 80,000.00 $ 10,000.00 Vendor Wells Supply Empire West Ferguson Company Inc Enterprises Location Santa Ana Provo Utah Santa Ana Payment Terms Net 30 Net 30 Net 30 CENTRAL STORES STOCK ITEMS CATEGORIES A Fire Hydrants $ 74,462.00 N/B N/g B Hydrant Extensions $ 8,695.00 $ 9,042.56 N/R C Hydrant Repair Kits N/R $ 6,787.20 N/R N/6= No Bid N/R =Non Responsive ~ 3 ~ ~a 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR LEASED COPIERS AND PRINTERS (SPEC. NO. 08-075) ~ -~~~r~----. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for the lease of copiers and printers for a three-year period, with provision for one three-year lease renewal in the annual aggregate amount not to exceed $60,000 with the following vendors: Vendor Location Canon Business Solutions, Inc. Irvine Imaging Plus Medical & Office Services, Inc. Irvine Ricoh Americas Corporation Irvine DISCUSSION The City of Santa Ana utilizes copiers and printers throughout the organization to facilitate daily operations. For fiscal year 2008-09, the estimated cost of replacing and adding copiers and large network printers under lease contracts is $60,000. Copiers and printers are replaced when they exceed their useful life and are experiencing more down time and expensive repairs. The City is seeking to establish a list of qualified vendors to provide network copiers and printers to provide quality products at a significant savings based on quantity pricing. A lease term of three years ensures the City is utilizing current technology and providing efficient office equipment to maximize staff production. The notice inviting bids was advertised on December 4, 2009, and bids were solicited. A summary of the bid invitations and bids received is as follows: 22 Requests For Bid mailed 2 Requests For Bid mailed to Santa Ana vendors 10 Bids received 1 Bids received from a Sana Ana vendor 22C-1 Contract Award for Leased Copiers & Printers January 5, 2009 Page 2 Bids were solicited and opened on December 15, 2008, and evaluated (Exhibit 1) The bids received from Canon Business Solutions, Inc., Imaging Plus Medical & Office Services, Inc., and Ricoh Americas Corporation are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to the listed vendors to allow for solicitation of competitive quotes whenever leased copiers or printers are requested. The action will provide the most efficient method of obtaining necessary copiers and printers without interrupted service to City agencies. FISCAL IMPACT Funds are available in the PC Strategic Plan Fund account (no. 110-179- 6641); the Finance/Management Central Services Copier Replacement Lease Payments account (no. 72-176-6294); and Finance/Management-Central Services Maintenance & Repair Machinery & Equipment account (no. 71-176-6281). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/08-075 22C-2 SPEC 08-075 LEASED COPIERS AND PRINTERS ABSTRACT 12/15/2008 SEMA INC. VENDOR RICOH CANON BUS IMAGING IKON dba: CELL AMERICA CORP SOLUTION PLUS BUS EQUIP. LOCATION IRVINE IRVINE IRVINE IRVINE IRVINE COPIER LEASE RATE PER MONT H XEROX 4110 $ 599.13 $ 519.00 $ 726.90 $ 768.00 $ 853.38 OFFERED RICOH 1108 CANON IR7105 RICOH 1106 RICOH 1106 RICOH 1106 RICOH MP4500 $ 159.03 $ 157.00 $ 202.24 $ 211.00 $ 229.42 OFFERED RICOH MP4000 CANON IR3245 RICOH MP5000 RICOH MPaooo RICOH 5000 CANON C4580i $ 207.03 $ 241.00 $ 270.60 $ 352.00 $ 339.72 OFFERED RICOH MPCaOOO as listed RICOH MPC4000 RICOH MPCaooo RICOH 4500 SHARP MX-5500N $ 211.66 $ 298.00 $ 451.97 $ 658.00 $ 664.15 OFFERED RICOH MPC5000 CANON IR5185 RICOH C5560 RICOH MPC50oo RICOH 6000 TOTAL OFFERS $ 1,176.8500 $ 1,215.00 $ 1,651.71 $ 1,989.000 $ 2,086.67 COPIER LEASE RATE PER MONTH XEROX 4110 OFFERED RICOH MP4500 OFFERED CANON C4580i OFFERED SHARP MX-5500N OFFERED TOTAL OFFERS PRINTER LEASE HP BW P2055DN HP COLOR P4015 HP COLOR 4700 HP BW 5200 HP BW M9040 TOTAL OFFERS KONICA MINOLTA DANKA/IRVINE NUWORLD CERRITOS OCE IRVINE XEROX SANTA ANA MWB CYPRESS $ 907.07 $ 973.94 $ 1,118.00 $ 1,175.73 $ 1,150.13 KM 1050 SHARP M1100 OCE 1105 XEROX 4112 XEROX P4112 $ 207.14 $ 164.43 $ 300.00 $ 491.00 $ 210.34 KM 421 SHARP M450N OCE M4512 XEROX WC5645 SHARP M45oNA $ 313.65 $ 282.40 $ 977.00 $ 471.93 $ 268.50 LM C451 SHARP 4501N OCE CM4521 XEROX W7345 SHARP 4501 N $ 374.10 $ 401.58 $ 1,277.00 $ 649.57 $ 400.75 KM C550 SHARP 6200N OCE CM6520 XEROX W7655 SHARP 5500N $ 1,sol.sso $ 1,822.35 $ 3,672.00 $ 2,788.23 $ 2,029.72 IMAGING PLUS IKON RATE PER MONTH $ 12.40 $ AS LISTED CE459A 3 43.59 $ AS LISTED CB510A $ 45.87 $ AS LISTED as listed $ 76.60 $ AS LISTED as listed $ 225.46 $ AS LISTED $ 403.92 $ HP PRINTERS OX 13.72 $ 27.79 XEROX 3600DN 48.93 $ 51.11 XEROX 4510 DT 53.42 $ 71.72 XEROX 6360DN 81.07 $ 127.60 XEROX 5550DT 236.63 $ 172.35 XEROX 4150XF 433.77 $ 450.57 MWB EXHIBIT 1. 22C-3 $ 9.73 SUMMARY OF BID AWARD KEROX 3250 LEASED COPIERS /PRINTERS $ 66.71 RICOH AMERICA CORP KEROX 6360DT CANON BUS. SOL. $ 46.67 IMAGING PLUS XEROX6360DN $ 21.43 AGGREGATE LEASE TOTAL XEROX 3600DN OF $60,000 ANNUALLY $ 270.61 XEROX W5645P $ 415.15 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR ARTESIA PII,AR NEIGHBORHOOD (PROJECT NOS. 09-7705 AND 09-1757-C) CONTINUED TO FILE NUMBER 1. Award a bidder, in the Artesia contract to Excel Paving Company, in accordance with unit bid prices estimated amount of $2,165,697.50 Pilar Neighborhood Improvements. ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For the lowest responsible and add-on alternate one for construction of the 2. Approve a Funding Analysis with a total estimated construction cost of $2,824,800. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the City. Segments of local streets located within the Artesia Pilar Neighborhood have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1}. The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters and wheelchair ramps are also in various states of disrepair and require replacement. The project provides for recycling of existing asphalt pavement with the cold-in-place process, construction of asphalt concrete overlay, construction of cement treated base, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re-establishing the survey monuments. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhood. CLERK OF COUNCIL USE ONLY: APPROVED 23A-1 :~ RECOMMENDED ACTION 1 Artesia Pilar Neighborhood Improvements January 5, 2009 Page 2 The Notice Inviting Bids was advertised on October 31 and November 3, 2008, and bids were opened on December 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 19 Bids received: 5 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY BID AMOUNT 1. Excel Paving Company Long Beach $2,165,697.50 2. Sequel Contractors Santa Fe Springs $2,180,765.00 3. R. J. Noble Company Orange $2,257,145.00 4. All American Asphalt Corona $2,357,000.00 5. M. S. Construction Management Dana Point $2,516,922.00 A total of five bids were received and all were responsive. The lowest bid was submitted by Excel Paving Company for $2,165,697.50, which is above the Engineer's estimate of $2,004,880. ENVIRONMENTAL IMPACT In accordance with California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2008-43 will be filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,824,800 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (account no. 135-149-6631) and the Residential Street Improvement Fund (account no. 058-552-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. R s Francisco Gutierrez ~f~/ Executive Director Executive Director ""~ Public Works Agency Finance & Mgmt. Services Agency 23A-2 Artesia Pilar Neighborhood Improvements January 5, 2009 Page 3 Cynthia J. elson Deputy City Manager for Development Services Community Development Agency K:\Construction\RFCA-draft\O1-OS-09 ArtesiaNeigh 09-7705 70WD WA.docx 23A-3 ~j ~' IST ST ~ PROJECT LCATION ~a r I I f , ("~ > ~ ' N I' H r ~ ~ o a a J r M RIDAY LN o ~ w U ~ D) MARTHA LN m J NA8HINOTON AV WASHINGTON AV r I> '^ a 12TH ST I TH ST o a z w > a IITH ST IITH ST i 'n ~ a a 0 o a rl r ~` N 107H ST IOTH ST N r O ~^ 9TH ST > 9TH ST rr- ~~ v ~I IVIC CENTER DR J TTH sr '" r TTH sr ~, N Q p i a 3 '^ N ~ a rH T 6 T m z ~ ~ J° LL 5TH ST 5TH{{'' S~~T '~ r 4TH Si I ANi ~ ~ ~I 3RD ST > ~ ~ ~--~ ~f'-~I I R S T a w w ~ I a 2ND ST r ¢ ~ 2ND ST EXHIBIT 1 SANTA aNa TITLE: P W q CITY COUNCIL ARTESIA PILAR AGENDA SATE: NEIGHBORHOOD IMPROVEMENTS JANUARY 5, Zoos (PROJECT NOS. 09-7705 AND 09-1757-C) PU&.IC IIORKS AGENCY '~ IBTH ST 17TH ST ~ 17TH 8T ; ~~ ~`~~ 17TH ST FUNDING ANALYSIS PROJECT NO. 09-7705 ARTESIA PILAR NEIGHBORHOOD IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $2, 165, 697 $67,800 $113,000 $45,218 $433, 139 $2,824,800 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT CHANGE ORDER NO. 4 FLOWER STREET BRIDGE REHABILITATION PROJECT NO. 1780 ~~ ~ " i~ ''~ ~~~ . J r/ ~y~^------~ n, CITY MANAGER RECOMMENDED ACTION ~J CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve Change Order No. 4 for Flower Street Bridge Rehabilitation Project for an estimated cost of $50,471. DISCUSSION Change Order Number: 4 Project Description: Flower Street Bridge Rehabilitation Contractor: Noeti Corp. 15 Cavalier Laguna Niguel CA 92677 Original Contract Cost: $464,400 Amount of this Change Order: $50,471 10.8% Previously approved Change Order: $112,440 24.2% Total Change Orders: $162,911 35.1% 23B-1 •~ Change Order No. 4 Project Nos. 1780 January 5, 2008 Page 2 REASON FOR CHANGE The Flower Street Bridge is more than 70 years old and accurate as- built information was not available. After demolishing the sidewalk and girder on east side of the bridge, it was discovered that an old underground telephone duct, whose exact location was not shown on the original plans, would interfere with the new girder for the widened bridge. Due to its fragile state and the numerous wires inside, this duct could not be relocated. As a result, the girder had to be revised to a different shape with added reinforced steel to straddle over the duct. The new girder is 160 feet long, 4 feet deep and 6 feet wide. Due to this change, the existing abutment walls at both ends of the bridge could no longer be used to support the new girders. They were demolished and replaced with new walls. AGREED PRICE _ $50,471 FISCAL IMPACT The cost for the change order is estimated at $50,471. Funds are available in the Measure M Turn-back Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: v` ~~~u ~'~~ ~~ James G. oss Francisco Gutierrez v Executive Director ~~xecutive Director Public works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\1780 Flower Bridge 2009-O1-OS C04.doc 23B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR CHANNEL INLET MODIFICATION AND REPAIR AT VARIOUS LOCATIONS (PROJECT NO. 08-3900) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER ;RECOMMENDED ACTION ,. `~,~1. Award a contract to Kormx, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $93,375 for Channel Inlet Modification at the Santa Ana River and Channel Inlet Repair at Santiago Creek and Santa Ana Gardens Channel. 2. Approve a Funding Analysis with a total estimated construction cost of $126,200. DISCUSSION This project provides for channel inlet modification and repair at various locations (Exhibit 1). A flap gate barrier is to be installed at the inlet opening of a City storm drain in the Santa Ana River to fully secure the storm drain. Also, the project includes repair of the storm inlets in the Santiago Creek and the Santa Ana Gardens Channel. The Notice Inviting Bids was advertised on October 31 and November 3, 2008, and bids were opened on November 25, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 10 Contractors requesting bidding documents: 25 Bids received: 12 Bids received from Santa Ana Contractors: 0 23C-1 Channel Inlet Modification and Repair January 5, 2009 Page 2 NAME OF BIDDER 1. Kormx, Inc. 2. Peterson - Chase General Engineering 3. GCI Construction, Inc. 4. CMB Structures, Inc. 5. Atlas - Allied, Inc. 6. B & A Construction Inc. 7. Pacific Coast Infrastructure, Inc. 8. Abbott Contracting and Engineering 9. Bali Construction, Inc. 10. Lucas Builders, Inc. 11. Noeti Corp. 12. John S. Meek Company, Inc. CITY BID AMOUNT Walnut $93,375.00 Irvine $96,500.00 Costa Mesa $98,800.00 Rancho Cucamonga $99,758.00 Anaheim $102,680.00 Fontana $104,325.00 Yorba Linda $109,322.00 Norco $123,808.00 South El Monte $128,949.00 San Pedro $147,957.91 Laguna Niguel $200,000.00 Gardena $288,407.00 A total of 12 bids were received and all were responsive. The lowest bid was submitted by Kormx, Inc. for $93,375, which is below the Engineer's estimate of $109,500. F~NVIRONMTNTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical exemption, ER No. 2008-219 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $126,200 for the project (Exhibit 2). Funds are available in the Public Works Account for Drainage Assessment Fee (account no. 57-635-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. oss Francisco Gutierrez ~~,J Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\01-05-09 Channel Inlets 08-3900 45WD ET.docx 23C-2 l IL ~-l ~- ~6R-----, r~ r, r-, SANTA ANA RNER CHANNEL -. =-~: C/?~ ~ f J ~ ~~ MEMORY LN (~ R~~ MAR LLA IA/fF Vf1Yl a ~ ~' PARI N N ~ r r 4 L 3 5 ~ ~~ + ___m_________ VER LN ~u~ ~ _/ HARVARD ST ~U~ a a ~ a ~ a _. a ~ C C -~"I IFC to SANTA ANA GARDENS CHANNEL ~J n f -1 f SAN11AG0 CREEK CHANNEL GI FNW'10D CAM PL AANNE C r-- 0 r- m 1 II PROJECT LOCATION EXHIBIT 1 SANTA aNa TITLE: CITY COUNCIL CONTRACT AWARD FOR CHANNEL INLET ~ P W ,Q ~ ~AGNU~ DATE: MODIFICATION (AND~R~E,TPA~ ATV PIOUS LOCATIONS ne~ac .rnas ~cewcrcercr 23C-3 FUNDING ANALYSIS PROJECT 08-3900 CONTRACT AWARD FOR CHANNEL INLET MODIFICATION AND REPAIR AT VARIOUS LOCATIONS Construction Contract $93,375 Contract Administration $2,150 Inspection and Testing $7,000 Survey Staking $5,000 Contingencies $18,675 TOTAL ESTIMATED CONSTRUCTION COSTS $126,200 Exhibit 2 23C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR NEIGHBORHOOD WATER MAIN IMPROVEMENTS AT RENE DRIVE, SPRUCE STREET, RITA WAY AND OTHER VARIOUS LOCATIONS (PROJECT NO. 09-3200) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO C FILE NUMBER RECOMMENDED ACTION 1~ Relieve Sandoval & Johnson Construction of their bid in the amount of $277,550. 2. Award a contract to J. Desigio Construction, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $323,050 for construction of the Neighborhood Water Main Improvements at Rene Drive, Spruce Street, Rita Way and other various locations. 3. Approve a Funding Analysis with a total estimated construction cost of $403,800. DISCUSSION This project provides for replacement of deteriorated and undersized water mains on Rene Drive, Spruce Street, Rita Way, and various streets (Exhibit 1). The improvements include installation of new water mains, fire hydrants, main gate valves, and water services. Once completed, breaks and leaks associated with the older and deteriorated water mains will be eliminated, and water service capacity and fire protection will be enhanced. The Notice Inviting Bids was advertised on October 29 and 31, 2008, and bids were opened on December 2, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 7 Contractors requesting bidding documents: 40 23D-1 Neighborhood Water Main Improvements January 5, 2009 Page 2 Bids received: 22 Bids received from Santa Ana Contractors: 2 NAME OF BIDDER CITY BID AMOUNT 1. J. Desigio Construction, Inc. Arcadia $323,050.00 2. MNR Construction, Inc. San Dimas $358,100.00 3. Dominguez General Engineering Rosemead $364,650.00 4. Miramontes Company, Inc. Santa Ana $366,300.00 5. Atlas Allied, Inc. Anaheim $375,100.00 6. J. A. Salazar La Habra $377,050.00 7. BNB Engineering Santa Ana $380,580.00 8. General Underground Fire Protection Anaheim $380,774.50 9. C. P. Construction, Inc. Ontario $394,050.00 10. Stephen Doreck Equipment Long Beach $418,528.00 11. Majich Brothers Altadena $444,750.00 12. Gentry Brothers, Inc. Irwindale $448,750.00 13. B. R. Day Construction, Inc. Covina $457,545.00 14. Garcia Juarez Construction Brea $459,800.00 15. Engineering Pipeline Baldwin Park $471,200.00 16. West Valley Construction San Jose $482,485.00 17. Tomovich & Associates Pico Rivera $522,700.00 18. Paulus Engineering, Inc. Anaheim $547,130.00 19. Cedro Construction Santa Paula $592,241.00 20. Savala Construction Co. Irvine $651,216.36 21. So. Cal. Pipeline Construction Tustin $682,200.00 A total of 22 bids were received and all but one were responsive. Two days after the bid opening, Sandoval & Johnson Construction requested to be relieved of their bid, stating that they had made a clerical error in filling out the bid. After examining Sandoval & Johnson Construction's bid and other documents, staff has found sufficient grounds for the relief of their bid, and therefore recommends that Sandoval & Johnson Construction's request be granted. The lowest responsive bid was submitted by J. Desigio Construction for $323,050, which is below the Engineer's estimate of $400,000. $NVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, ER #2008-97 has been filed. 23D-2 Neighborhood Water Main Improvements January 5, 2009 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $403,800 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: ~s~ K:\Construction\RFCA-draft\01-05-09 ReneSpruce 09-3200 55WD MG.docx James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 23D-3 WARNER AV D m c~n ~ HEMLOCK WY '- - - - - - PROJECT LOCATION ~ p SAN LORENZO AV ~ Q ~ U O ~ ~ W Z Q ~ LL SEGERSTROM AV MACARTHUR BLVD PROJECT LOCATION ~T~~ EXHIBIT 1 m~JG"jtON ~%~~ snNrn nNn ~ t~, City Council Title CONTRACT AWARD FOR NEIGHBORHOOD ~-J~ Agenda Date WATER MAIN IMPROVEMENTS AT RENE DRIVE, ~ SPRUCE STREET, RITA WAY AND VARIOUS LOCATIONS o~~,~ .MKS ,~~~ JANUARY 5, 2009 (PROJECT NO. 09-3200) FUNDING ANALYSIS PROJECT NO. 09-3200 CONTRACT AWARD FOR NEIGHBORHOOD WATER MAIN IMPROVEMENTS AT RENE DRIVE, SPRUCE STREET, RITA WAY AND OTHER VARIOUS LOCATIONS Construction Contract $323,050 Contract Administration $8,445 Inspection and Testing $23,000 Survey Staking $17,000 Contingencies $32,305 TOTAL ESTIMATED CONSTRUCTION COSTS $403,800 Exhibit 2 23D-5 23D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR ROSS STREET REHABILITATION FROM SANTA ANA BOULEVARD TO CIVIC CENTER DRIVE (PROJECT NO. 09- 2740C) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ~~ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION ~~ Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $252,000 for construction of the Ross Street Rehabilitation. 2. Approve a Funding Analysis with a total estimated construction cost of $307,700. 3. Approve an appropriation adjustment recognizing $200,000 in the Capital Outlay Fund, Construction Reimbursement from Trustee Revenue account (account no. 51-O1-5820) and appropriating this amount to the Capital Outlay Fund, Non-Departmental Expenditure account (account no. 051-012-6631). DISCUSSION The pavement segment of Ross Street between Santa Ana Boulevard and Civic Center Drive has been identified as a high priority on the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, sidewalk, and driveway approaches are also in various states of disrepair. The project provides for construction of new pavement and replacement of damaged concrete curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps. Once completed, these improvements will enhance the ride quality and surface drainage. The Notice Inviting Bids was advertised on October 31 and November 3, 2008, and bids were opened on November 19, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23E-1 Ross Street Rehabilitation January 5, 2009 Page 2 Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 24 Bids received: 11 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER 1. All American Asphalt 2. Sully-Miller Contracting Co. 3. Imperial paving Co., Inc. 4. Alliance Streetworks, Inc. 5. C. A. Professional Engineering 6. Terra Pave, Inc. 7. R. J. Noble 8. Excel Paving Company 9. Nobest, Inc. 10. Elite Bobcat Service, Inc. CITY BID AMOUNT Corona $252,000.00 Anaheim $252,825.69 Santa Fe Springs $255,573.75 Anaheim $264,115.08 S. El Monte $271,900.00 Whittier $279,627.20 Orange $281,250.55 Long Beach $288,663.00 Westminster $290,494.20 Corona $290,702.25 A total of eleven bids were received and all were responsive. Hardy & Harper, Inc. did not comply with the bidding documents by failing to fill out a bid item, therefore making their bid incomplete. The lowest bid was submitted by All American Asphalt for $252,000, which is below the Engineer's estimate of $255,000. ENVIRONMENTAL IMPACT In accordance with California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER #2008- 233 will be filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $307,700, for the project (Exhibit 2). Funds are available in the Capital Outlay Fund Non-Departmental Activity (account no. 051-012- 6631) . APPROVED AS TO FUNDS AND ACCOUNTS: .9 James G. Ro s ~ Francisco Gutierrez Executive Director ~~xecutive Director Public Works Agency Finance & Mgmt. Services Agency 23E-2 FUNDING ANALYSIS PROJECT NO. 09-2740C ROSS STREETREHABILITATION FROM SANTA ANA BOULEVARD TO CIVIC CENTER DRIVE Construction Contract $252,000 Contract Administration $12,400 Inspection and Testing $14,700 Survey Staking $3,400 Contingencies $25,200 TOTAL ESTIMATED CONSTRUCTION COSTS $307,700 Exhibit 2 23E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR CONSTRUCTION OF SANTIAGO CREEK TRAIL ENHANCEMENT (PROJECT NO. 08-6018-C) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER F~ECOMMENDED ACTION Jl. Award a contract to R.J. Bullard Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $464,300 for the Santiago Creek Trail Enhancement project. 2. Approve a Funding Analysis with a total estimated construction cost of $581,600. DISCUSSION This project will address safety and security access concerns under the Main Street Bridge and the Santa Ana Freeway (Exhibit 1), by providing for the installation of a 10-foot high safety fence under Main Street, re-grading, security lighting, and pavement rehabilitation under both bridges. Re-grading and lighting under the Santa Ana Freeway will allow for security vehicle access and the elimination of any level contours for overnight camping. The project will also provide the necessary regulation and interpretive signage that will compliment the natural environment and trails through Santiago Creek. Once completed, these improvements will enhance security and trail access, lighting, surface drainage, safety and visual appearance of the Santiago Creek. The Notice Inviting Bids was advertised on November 19 and 21, 2008, and bids were opened on December 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 18 Contractors requesting bidding documents: 24 Bids received: 9 Bids received from Santa Ana Contractors: 0 23F-1 Contract Award for Santiago Creek Trail Enhancement January 5, 2009 Page 2 NAME OF BIDDER 1. R.J. Bullard Construction, Inc. 2. Elite Bobcat Service, Inc. 3. Pacific Coast Infrastructure, Inc. 4. Imperial Paving Co. Inc. 5. Hillcrest Contracting Inc. 6. Excel Paving 7. Terra Pave 8. Roadway Engineering & Contracting, Inc. 9. 4Con Engineering, Inc. CITY BID AMOUNT Bonsall $464,300 Corona $524,130 Yorba Linda $537,475 Santa Fe Springs $603,950 Corona $615,065 Long Beach $691,895 Whittier $699, 065 Corona $745, 570 Riverside $781,550 A total of nine bids were received and all were responsive. The lowest bid was submitted by RJ Bullard Construction, Inc. for $464,300, which is below the Engineer's estimate of $500,260. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Categorical Exemption ER No. 2005-176 has been approved and filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $581,600 for the project (Exhibit 2). Funds are available in the Transportation Enhancement Activity Fund (account no.59-551-6631}, the Recreation Trails Grant Fund (account no. 172-251-6631), the General Capital Outlay Fund (account no. 051-250-6631) and the Park Acquisition and Development Fund (account no. 312-232-6631). APPROVED AS TO FUNDS AND ACCOUNTS: Public Works Agency ` //, / i Gerardo Mouet ~ Executive Directo~ Parks, Recreation, and Community Services Agency ~_ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23F-2 NORTH Pq KB Vp' SANTA ANA CITY COUNCIL P W A AGENDA DATE: o+•«.~~ JANUARY 5, 2009 SANTIAGO MAINPLACE _ CONTRACT AWARD FOR SANTIAGO CREEK BIKE TRAIL ENHANCEMENT (PROJECT NO. 08-6018C) FUNDING ANALYSIS PROJECT 08-6018-C SANTIAGO CREEK BIKE TRAIL ENHANCEMENT Construction Contract $464,300 Contract Administration 18,800 Inspection and Testing 31,600 Survey Staking 20,470 Contingencies 46,430 TOTAL ESTIMATED CONSTRUCTION COSTS $581,600 Exhibit 2 23F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 1 ~~ TITLE: REJECTION OF BIDS FOR WEST PUMP STATION FACILITIES UPGRADE (PROJECT NO. 05-3195) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Reject all bids for the West Pump Station Facilities Upgrade. DISCUSSION Santa Ana's west reservoir and pumping station was constructed in 1963 (Exhibit 1) The facility includes a six million gallon steel water reservoir with five electric motor driven booster pumps used to supply potable water to the City's distribution system. All equipment and piping is currently located outdoors within a secured site. The pumping equipment is worn and deteriorated from years of operation and exposure to the elements; the electrical panels and wiring are obsolete and operate inefficiently; and the site paving is badly deteriorated. The project provides for replacement of the pumping and electrical equipment, construction of a pump station building and reconstruction of the site pavement. The Notice Inviting Bids was advertised on October 29 and 31, 2008, and bids were opened on December 8, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 9 Contractors requesting bidding documents: 52 Bids received: 15 Bids received from Santa Ana Contractors: 0 23G-1 West Pump Station Facilities Upgrade January 5, 2009 Page 2 NAME OF BIDDER 1. F. T. Ziebarth Company 2. M. S. Construction Management 3. Mel Smith Electric, Inc. 4. Caliagua, Inc. 5. MMC, Inc. 6. Schuler Engineering 7. R. C. Foster Corp. 8. Cora Constructors, Inc. 9. SoCal Pacific Construction Corp. 10. SCW Contracting Corp. 11. Con Engineering, Inc. 12. Harbor Construction, Inc. 13. PPC Construction, Inc. 14. States Link Construction, Inc. 15. Metro Builders & Engineers Group CITY BID AMOUNT Fullerton $1,937,700.00 Dana Point $1,959,830.00 Stanton $1,962,501.20 Chino $1,974,994.31 La Palma $2,045,505.97 Corona $2,122,131.00 Corona $2,199,263.40 Palm Desert $2,220,000.00 Lake Elsinore $2,232,627.00 Fallbrook $2,247,118.00 Riverside $2,297,635.00 Irvine $2,383,962.23 Los Angeles $2,596,320.00 Huntington Beach $2,650,657.03 Newport Beach $2,734,533.21 A total of fifteen bids were received and all were responsive. The lowest bid was submitted by F. T. Ziebarth Company for $1,937,700, which is above the Engineer's estimate of $1,200,000. Based on the above, staff recommends that all bids be rejected. Staff believes revising the scope of work and rebidding the project will provide for more competitive bids. Following Council action, staff will revise the scope of work for the project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ James G. oss Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\01-05-09 WestPump 05-3195 250WD ET.docx 23G-2 23G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONTRACT AWARD FOR PLAY EQUIPMENT AT FISHER PARK (SPEC. N0.08-080) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to P1ayPower LT Farmington, Inc., d.b.a. Pacific Design Concepts, for play equipment, in an amount not to exceed $60,987. DISCUSSION The Parks, Recreation and Community Services Agency has been actively working with the Fisher Park and Floral Park neighborhoods associations, and the Mothers of Floral Park to improve Fisher Park for the community. The agency and the neighborhoods completed the first phase of improvements that included a new set of play ground equipment for elementary school age youth. Acquisition & Development Fees were utilized to fund the purchase. It is now desired to complete phase II of the project that will provide equipment for older kids. The project will also require additional contract services and a volunteer effort to install the concrete curbing around the play area. Neighbors near Fisher Park have volunteered to assist in this Adopt-A-Park effort. The agency and neighborhood associations agreed to maintain the log cabin motif of phase I for phase II. As such, the equipment provided by PlayPower LT Farmington will match the existing log cabin themed equipment already in the park. No other manufacturer was able to match the existing log cabin theme and therefore the purchase is considered as a sole source. 23H-1 Contract Award for PlayPower LT Farmington January 5, 2009 Page 2 FISCAL IMPACT Funds for are available in the Parks Acquisition and Development Fund Account (account no. 312-232-6631) in the amount of $60,987. APPROVED AS TO FUNDS AND ACCOUNT: ,a,~ Gerardo Mouet~ Executive Dir ctor Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 23H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: AMENDMENT TO AGREEMENT WITH PACE FOR DESIGN ENGINEERING SERVICES FOR FOUNTAIN NO.1 REHABILITATION (PROJECT 09-9108-C) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Pacific Advanced Civil Engineering Inc. (PACE), subject to non-substantive changes approved by the City Manager and City Attorney, to provide design engineering services for Fountain No. 1 in the amount not to exceed $31,500 for a total contract amount of $122,550. DISCUSSION In May 2008, the City entered into an agreement with PACE to provide engineering services for the renovation of the Fountain No. 3 in the Plaza of the Fountains. Since then, Fountain No. 1 has been identified as needing repair due to deterioration and maintenance problems (Exhibit 1). The Parks, Recreation and Community Services Agency has allocated additional funds to address cracks and leakage in the fountain, provide new spray center jet and lighting, and replace the electrical and plumbing systems. This project will contribute to the ongoing efforts to enhance the aesthetic needs of the Civic Center Plaza. The construction for the renovation of both fountains is anticipated to commence in June 2009. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 231-1 Amendment to Consultant Agreement With PACE Project No. 09-9108-C January 5 2009 Page 2 FISCAL IMPACT Funds are available in the Civic 074-243-6631, project 09-9108-C) project. Center Maintenance fund (account no. for the Fountain No. 1 Rehabilitation APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency .v,~ i' Gerardo R. Mouet Executive Director Parks, Recreation, and Community Services Agency 231-2 CIVIC CEN R D u~ FOUNTAIN NO. 1 cn 0 5TH ST FOU A N NO. 3 SANTA AN LVD qTH ST ~~ PROD CT LOCATION LEGEND: PROJECT LIMITS EXHIBIT 1 SANTA ANA ~'~E: CITY COUNCIL AMENDMENT TO THE AGREEMENT WITH P W A AGENDA DATE PACE FOR DESIGN ENGINEERING SERVICES PUBL'C~ JANUARY 5 2 FOR FOUNTAIN N0.1 REHABILITIATION (PROJECT 09-9108-C) N H 2 W a N BLVD >-- Q O 0 231-3 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 5, 2009, by and between Pacific Advanced Civil Engineering, a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A- 2008-085, dated May 5, 2008, (hereinafter "said Agreement") by which Consultant has provided engineering services related to pool and fountain renovation. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include the assessment and construction support required to renovate an additional fountain, and increase compensation to pay for additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide professional engineering services, including assessment and analysis of existing conditions, the preparation of Plan, Specification and Estimate, and construction support for the renovation of the Memorial Pool and Fountain #3, in the Plaza of the Fountains, as set forth in City's Request for Proposal dated January 23, 2008 (hereinafter "RFP"), and Consultant's Proposal, collectively attached to said Agreement as Exhibit A. Additionally, Consultant will provide professional engineering services, including assessment and analysis of existing conditions, the preparation of Plan, Specification and Estimate, and construction support for the renovation of Fountain #1, in the Plaza of the Fountains, as set forth in Change Order Authorization 1, dated November 5, 2008, attached hereto as Exhibit A-1 and incorporated by this reference. Said services shall conform to the standards set forth in City's RFP." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $31,500.00, which includes a 15% contingency, to pay for the additional services provided in the renovation of Fountain # 1. The total amount to be expended pursuant to said Agreement shall not exceed $122,550.00 during the term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // 231-4 // IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PACE ADVANCED CIVIL ENGINEERING SONNY O. SIM Vice President 231-5 PACE A,dcronc~d Wrxter Eirginerring EXHIBIT A-1 AUTHORIZATION FOR CHANGE ORDER TO: City of Santa Ana Public Works Agency 20 Civic Center Plaza, MS M36 PO Box 1988 Santa Ana, CA 92702 ATTN: DATE: PROJECT: PROJECT NUMBER: C.O. AUTHORIZATION #: Description of Services: Fees: Task 00 -Reimbursables/Expenses fTBE) $ 500 (To include all blueprinting, shipping, travel, reproduction, and other miscellaneous direct project expenses. Reimbursables are invoiced separately at cost plus 10%.) Task 06 - Fountain #1 Assessment $ 4,000 Renovation of Fountain #1 will include management and administration of the Fountain #1 Renovation. PACE will provide an assessment report to determine the existing conditions of Fountain #1 equipment and fittings to include the following: • Waterproofing • Nozzles • Piping • Chemistry control & delivery • Pump • Filtration • Materials • Lighting This report will help the City of Santa Ana to determine the necessary areas of the fountain that need repair or replacement. Task 07 -Fountain #1 Construction Documents $ 16,900 Fountain #1 Construction Documents will incorporate the City of Santa Ana's decision for the final renovation design. The plans will include: • Demolition plan • Fountain details and sections • Utility coordination • Piping Schematics • Electrical requirements • Specifications • Chemical treatment PACE will provide electronic files in both ACAD and Micro-station format. 231-6 Kenny Nguyen November 5, 2008 Renovation of Fountains 9076E 1 Mr. Kenny Nguyen November 5, 2008 City of Santa Ana /Renovation of Fountains /#9076 Page 2 of 2 Task 08 -Bid Services and Services During Construction $5,800 Provide owner with a list of potential contractors, prepare bid form and quantity take-off to be included with overall project bid package. Attend pre-bid and construction meetings with contractors. Provide clarification, revisions and addenda, as needed to the water feature construction documents to respond to bidders requests and to assist issuance and negotiation of final pricing and contractor selection. Review shop-drawing submittals from contractors of products and materials for conformance to construction documents. At the conclusion of the construction document phase, consultant to (1) assist in reviewing bids to determine the most qualified contractor at the most reasonable cost, (2) attend pre-construction meeting to kick off the start of construction appropriately and answer any questions or issues early on in the process, (3) review shop drawing submittals by the chosen contractor for conformance with the construction document, (4) clarify construction documents if required, (5) assist in the issuance and negotiation of pricing of change orders, (6) conduct necessary site visits as required during construction for review of construction progress, (7) conduct a final on-site review of construction and provide a completion punch list report. Punch list to be created only once. Owner is responsible for follow through of items on the punch list, (8) review completeness of contractor's final as-built drawings. Water feature construction requires oversight by the engineer due to the specialized nature of the work. This item is not optional and is required for the contract. Amount of Compensation: This Request -Change Order #01: f Estimated 6 : ~-'`°A "~ Y November 5. 2008 Sonn~b. m, P. Date AGREED TO AND ACCEPTED BY: By City of Santa Ana -Public Works Dept Date ~..».~, PACE 231-7 231-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: AMENDMENT TO AGREEMENT FOR GEOFILE DATASET MAINTENANCE ~~ '- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with GIS Data Resources, Inc. for the updating, enhancing and maintenance of the Santa Ana Fire Department geofile datasets, in an aggregate amount not to exceed $255,000. DISCUSSION On February 20, 2007 Council approved entering into an agreement (A- 2007-044) with GIS Data Resources, Inc. (GDR). GDR has a high-quality geofile which is used in the Santa Ana Fire Department's computer aided dispatch (CAD) system. Amending this agreement ensures the Fire Department's CAD system has the most accurate information, and that our CAD system continues to run seamlessly. Agreement A-2007-044 for $115,000 is being amended to extend the agreement for FY 2008/09 and FY 2009/10, at a cost of $70,000 per year. FISCAL IMPACT Funds for FY 2008/09 are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 011-324- 6291) . ~ _- - Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency ~_~ 25A-1 ' SECO\D :~~IE\D11E'S'I' `I'O .aGREE~1E~iT l HIS SI~COND :1:~IL'~D:\1I:'~ I''fO ,1GRF[:11faT is entered into nn January >. X009. by and hetr+ecn CIS Data Resources. a California corporation 1"GDR") and the Cite ul'Santa .-\na. a charter cite and municipal corporation of the State ofCalitornia RL:CI'f:11,S: :1. The parties entered into ,Agreement ~:\-?007-0-)-f. dated Januar+ ?h. ~U07. (hercina(ter "said Agreement") h+' +vhich GDK has provided maintenance and support of the (;IS data tracking soft+~are containing the public safety geofile. f3. In accordance ++ ith the terms and conditions of said .~\greement. the parties ++ ish to extend the term of said agreement and increase compensation to provide maintenance and suppi~rt during the extended term. t\'FII:RE;I~UR{:. in consideration of the co+enants contained in said Agreement. and subject to all the terms and conditions of said Agreement. except those amended in this Second \mcndment to Agreement. the parties agree as follo++s: Section I. "Detinitions", shall be amended to add a paragraph t t1. ++hich shall read in full as follo+vs: "(tl State Government Rights. Ifl,icensee is an agency, department. or other entity oi~any State government, the United States Government or any other public entity or limded in ++hole or in part by the United States Government. then Licensee hereby agrees tip protect the S:\FD Address Points Geofile (hereinafter "the Products~~? from public disclosure and to consider the Products exempt Gom any statute. la++. regulation. or aide, including, any Sunshine -1ct. Public Records :let. Freedom of Information .-\ct. or equivalent. ++hich permits public access and or reproduction or use of the Products. In the event that such exemption is challenged under any such la++s. this A4~reernent shall be considered breached and am and all right to retain any copies or to use of the Products shall he terminated and considered inunediatel+ null and void. .~\nv copies of the Products held b+ Licensee shall immediatclyy he returned to GDR." ?. Section ? (al shall be amended to state that the compensation t~~r maintenance and support ofthc GIS data tracking software shall not exceed 570.000. annually. Ifthe City Council fails to allocate lands for the sofh+-are maintenance and support in the annual Santa ~\na f ire Department budget. said :\~~rrement ,hall terminate cat the conclusion of the term and shall not automaticalf+~ renc+y for another one-year term. 25A-2 " ti Section 3. TLR`~1. shall be amended to extend the termination date to June ~0. ?O10. subject to the Council's approval ol'fundin; for the X009-?010 liscal year. as set forth in Section 2(a), above. Services provided since Jule I, ?008 shall be included within the Scope of~Ser~ ices o1'this Second Amendment to ;agreement. -1. Except as hereinabove amended. all terms and conditions of said .-\~reement shall remain in full ibrce and effect. I\ ~1 1 I~\I~:SS \~ F1ERf~,OF, the parties hereto have executed this Second Amendment to ~~reement inn the date and year first ~~ritten above. ~ 1'I~F.SI CITY OF SANTA :'1NA P-~ f RICI-~ 1.. HE:1L~" 1)AVIU'~. Rl::1M Clerk ofthe Council Cite '~iana~~cr ~PPftO~'ED .-~5 TO I~OR~1: GIS D:1TE RESOURCF,S, INC. JOSI:PII ~1. 1 1.I:~I'CIIL:R Cite -~ttorne~ --~ ~ Laura Sheed. President :assistant Cite Attornc~ 25A-3 2 5A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: ADDENDUM TO AGREEMENT WITH SOUTHERN CALIFORNIA EDISON t CITY MA'N~1GER 1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached addendum to the agreement with Southern California Edison extending the current agreement for the Santa Ana Energy Efficiency Partnership, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In November 2007 the City and Southern California Edison (SCE) entered into a partnership agreement to deliver energy efficiency programs to utility customers in Santa Ana. SCE allocated $200,000 to the partnership which has been used to leverage existing SCE energy efficiency programs and to increase participation in energy efficient practices. The current agreement ended on December 31, 2008. The City has submitted an application for funding for the 2009-2011 partnership cycle; however the Public Utilities Commission (PUC) has not yet issued its final decision on any of the partnership applications received. However, so that energy efficiency programs may continue, the PUC has approved the extension of the agreements with existing partners and bridge funding in the amount of $25,000 per month so that current plans and programs can continue. Staff is recommending approval of the amendment and an extension of the current agreement. Approval of the 2009-2011 partnerships is expected in June or July. ENVIRONMENTAL IMPACT There is no environmental impact to approving the extension to the existing agreement. However, the continued implementation of energy 25B-1 Addendum to Agreement with Southern California Edison January 5, 2009 Page 2 i~ efficiency programs will enhance our environment by improving air quality, reducing pollution and conserving natural resources. FISCAL IMPACT Edison has agreed to allocate $25,000 per month until the PUC takes formal action on the 2009-2011 partnerships. This money will remain with SCE and program costs will be the responsibility of SCE. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ns~~~~~~~ ~ ~ ~ ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency 25B-2 THIS ADDENDUM TO THE AGREEMENT TO JOINTLY DELIVER THE 2006-2008 SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM (the "Addendum") is effective as of December 31, 2008 ("Effective Date"), by and between SouTI-IEItIv CALIFORNIA EDISON COMPANY ("SCE"), and the City of Santa Ana ("Cit}~'). SCE and the City may be referred to herein individually as a "Party" and collectively as the "Parties." All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement to Jointly Deliver the 2006-2008 Santa Ana Energy Efficiency Partnership Program, dated as of November 1, 2007, by and between the Parties (the "2006-08 Agreement"). RECITALS WHEREAS, the Parties previously executed the 2006-08 Agreement, which provides that all Direct Implementation and Marketing & Outreach activities (as defined in the Concept Papers for the 2006-08 Agreement ("2006-08 Concept Papers")) must be completed no later than December 31, 2008; WHEREAS, on July 21, 2008, SCE submitted their respective applications ("2009-11 Applications") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2009 through 2011, which included the 2009-11 Santa Ana Energy Efficiency Partnership Program (the "2009-11 Program"), involving the joint delivery of energy efficiency information and training, marketing and outreach, and services to local governments, public agencies, businesses and residents located in the SCE service territory; WHEREAS, on August 18, 2008, SCE filed with the Commission a joint request with the other California investor-owned utilities for bridge funding in order to continue certain energy efficiency programs into 2009 in the event the Commission does not finalize a decision on the 2009-11 Applications before the end of 2008; WHEREAS, on October 16, 2008, the Commission issued a Decision Adopting Bridge Funding For 2009 Energy Efficiency Programs ("Bridge Funding Decision") allowing SCE to expend funds to continue certain 2008 energy efficiency programs during the period from January 1, 2009 to the earlier of three (3) months after the effective date of the Commission's final decision on the 2009-11 Applications, or December 31, 2009 ("Bridge Funding Period"); WHEREAS, the Parties desire to enter into this Addendum to provide for an extension of the 2006-08 Agreement in the event the Commission has not issued a final decision on the 2009-11 Applications on or prior to January 1, 2009; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 25B-3 In the event the Commission has not issued a final decision on the 2009-11 Applications prior to January 1, 2009, then the Parties agree to extend the 2006-08 Agreement, as follows: a. The Parties shall be authorized to perform Authorized Work after December 31, 2008 ("Bridge-Funded Authorized Work"), subject to the terms of this Addendum. b. The Parties shall continue to track all Authorized Work under the 2006-08 Agreement performed prior to January 1, 2009 ("2006-08 Authorized Work") and all related reports and other work, including the final invoice for the 2006-2008 period, must be submitted to SCE by February 15, 2009. c. The Bridge-Funded Authorized Work shall be subject to the terms of the Bridge Funding Decision. In the event of any inconsistency between this Addendum and the Bridge Funding Decision, the terms of the Bridge Funding Decision shall control. d. The Commission-approved monthly budget for performance of the Bridge-Funded Authorized Work ("Monthly Bridge Funding Budget"), is as follows: SCE is authorized to spend a cumulative amount not to exceed the $25,000 per month during the Bridge Funding Period for the Santa Ana Energy Efficiency Partnership Program and the City's performance therein of its Bridge-Funded Authorized Work in SCE's service territory. The Parties acknowledge that any unspent funds in a single month of the Monthly Bridge Funding Budget may not be spent in future months, unless prior written authorization is provided by SCE. The Monthly Bridge Funding Budget may be supplemented on a case-by-case basis, in SCE's sole discretion and with it's prior written authorization in the event there are large projects that exceed such Monthly Bridge Funding Budget or that the Parties can produce significant additional savings with additional funds. The Parties shall not spend any funds allocated to the Bridge Funding Period prior to January 1, 2009. No unspent funds from the 2006-08 Program cycle shall carry over into the Bridge Funding Period, except such funds as are necessary to prepare final project reports for projects installed prior to December 31, 2008, final program reports and final invoices, as authorized by SCE. e. The Parties acknowledge that the City will be proposing energy efficiency projects for the 2009-11 Program during the Bridge-Funding Period. The 25B-4 City acknowledges that SCE shall have sole and absolute discretion to commit, approve or disapprove any such projects and any corresponding incentives. f. Unless this Agreement is terminated pursuant to Section 24.2 of the 2006- 08 Agreement, the Parties shall complete all Direct Implementation and Marketing & Outreach activities (as defined in the 2006-08 Concept Papers) related to Bridge-Funded Authorized Work by no later than the date that is three months after the effective date of a final decision by the Commission on the 2009-11 Applications, or by December 31, 2009, or by the effective date of an Agreement for the 2009-11 Application activities, whichever occurs first (such first date, the "Bridge-Funded Authorized Work Deadline"). Program administrative activities (as defined by the 2006-08 Concept Papers, reporting workbooks and reporting requirements), including submission of the Final Report(s), for Bridge-Funded Authorized Work must be completed no later than three (3) months following the Bridge-Funded Authorized Work Deadline, unless otherwise agreed to by the Parties or so ordered by the Commission. g. The Parties shall track all Bridge-Funded Authorized Work performed after January 1, 2009, and final invoices for Bridge-Funded Authorized Work shall be submitted no later than three (3) months following the Bridge-Funded Authorized Work Deadline. h. City shall submit invoices for the program expenditures authorized in Section 9.4.2 in the 2006-08 Agreement directly to SCE with all required signatures and supporting project documentation for approval. If SCE approves the program expenditures payment, it shall process the program expenditures payment to City. i. The Term of the 2006-08 Agreement shall continue in effect with respect to Bridge-Funded Authorized Work until the date which is three (3) months following the Bridge-Funded Authorized Work Deadline, unless otherwise terminated in accordance with the provisions of Section 24.2 of the 2006-08 Agreement. j. The terms of the 2006-08 Agreement (as amended, restated, supplemented or modified under this Addendum) shall remain in full force and effect for such Bridge-Funded Authorized Work. In the event of any inconsistency between the terms of the 2006-08 Agreement and the terms of this Addendum, the terms of this Addendum shall control. Unless otherwise stated in this Addendum, the Parties' rights and obligations with respect to Authorized Work performed on or prior to December 31, 2008 shall remain the same and are not intended to be amended or modified. 3 25B-5 This Addendum shall only become effective if the Commission has not issued a final decision on the 2009-11 Applications authorizing the 2009-11 Program prior to January 1, 2009. In the event such final decision is issued prior to January 1, 2009, then this Addendum shall automatically terminate and be of no further force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 25B-6 IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be executed by their duly authorized representatives. City: CITY OF SANTA ANA DAVID N. REAM City Manager ATTEST: PATRICIAL E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: JAMES ROSS, Executive Director Public Works Agency Date: 2008 SCE: SOUTHERN CALIFORNIA EDISON COMPANY By: Name Printed: Lynda Ziegler Its: Senior Vice President, Customer Services Date: , 2008 5 25B-7 25B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 08- 1700-C) ' ~ - Cil`X~llANAGER L ECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Fredrick A. Secord, Sr. and Luz M. Secord, Trustees of the Secord Family Living Trust Dated May, 25, 2000 for the purchase of the property located at 712 and 716 N. Bristol in the amount of $1,168,030, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Third Street to Civic Center Drive. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire property at 712 & 716 N. Bristol is required (Exhibit 1). The purchase amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 25C-1 Purchase Agreement For Bristol Street Corridor January 5, 2009 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). -~~ .. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ...~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C-2 LEGEND 0 SUBJECT PROPERTIES ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR -----~--- 7TH ST -- i i i -- ~---~-1--1-- -- I I I I i i i ___ 6TH ST i l i ~-- L-1--~--~--~~-- i 5TH ST i i ~-~--~--i-- i '~ '~ i ~- SANTA ANA BLVD i i i i i ~--~--I---~_ , i i 3RD ST II --y--1 ~ i ------~ ~ ii i i I i i i -~--~-~----~-1 i i i i i r-- WASHINGTON ST - i i L_1__ - ~-~- I ~---~- i i 12TH ST -- - N.TB I I I I I ____ ~---~--~--~---r-- - 11TH ST - - ----- i i i i i i _- i i m _-_-.- 10TH ST -- - 921 i i i i ~_ I' _~-~T-' - ----- i i i i i ----- 9TH ST -- - ----- ' i i i i I i i i i i i ~-_t-~-~".~ I i i i i ---- ----- i i i i I CIVIC CENTER DR ~- MATCHLINE SEE TOP LEFT EXHIBIT 1 CITY COUNCIL TITLE PURCHASE AGREEMENT FOR AGENDA DATE BRISTOL STREET CORRIDOR JANUARY 5. 2008 (PROJECT 08-1700-C) PURCHASE AND SALE AGREEMENT FOR ACOUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer"), and Fredrick A. Secord, Sr. and Luz M. Secord, Trustees of the Secord Family Living Trust Dated May 25, 2000 (hereinafter called "Seller"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND 8Y THIS REFERENCE MADE A PART HEREOF (Commonly known as 712 and 716 N. Bristol Street, Santa Ana, CA) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above 25C-4 mentioned title company, with the City therein named as the insured, in the amount of ONE MILLION ONE HUNDRED SIXTY EIGHT THOUSAND THIRTY AND NO/100 Dollars ($1,168,030) insuring the title of the Ciry to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seiler to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property. to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Ciry as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of ONE MILLION ONE HUNDRED SIXTY EIGHT THOUSAND THIRTY AND NO/100 Dollars ($1,168,030). City agrees to deposit said purchase price in escrow with the Escrow Agent within 2 .. 25C-5 THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month/360-day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages 25C-6 i 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Fredrick A. Secord, Sr. Luz M. Secord P.O. Box 59 Tustin, CA 92781 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), {x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sew. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec.. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmenta{ Protection Agency, and all applicable federal, state, and local 4 25C-7 agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged} and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 25C-8 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. 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. 30. Incoraoration of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. Secord Family LiviftST `'~ !~" `r A. Secord, Sr., Trustee u~t Dated May 25, 2000 - a 8 'z~y-v~ Luz M. 3"ecord, Trustee CITY/BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney^, ,~ ~-~ BY: 6 Assistant Cit~Attorney Dated 25C-9 EXHIBIT A LEGAL DESCI1tIiPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: LOT 25 OF TRACT 662, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING FROM SAID LOT 25, THE NORTHERLY 5 FEET THEREOF. PARCEL 2: THE NORTHERLY 45 FEET OF THE SOUTHERLY 69 FEET OF LOT 27 OF TRACT 662, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, iN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. IXCEPTING FROM SAID LOT THE WESTERLY 25 FEET THEREOF. APN: 405-074-17 PARCEL 3: LOT 24 AND THE SOUTHERLY 24 FEET OF LOT 27 OF TRACT 662, IN THE CI•fY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING FROM SAID LOT 27 THE WESTERLY 25 FEET THEREOF. APN: 405-074-18 25C-10 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There sha11 be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. tf you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25C-11 25C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: PURCHASE AGREEMENTS FOR 421 S. BRISTOL STREET (PROJECT 06-1500) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached real property purchase agreement with the Socorro Guerrola De Navarro Family Trust in the amount of $155,200 and execute an acquisition settlement agreement for $695,000 subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Third Street to Civic Center Drive. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, it is necessary to acquire a portion of the Navarro property, located at 421 S. Bristol Street, (Exhibit 1). Public Works Agency has been negotiating with the property owner for the past nine months, including a plan to improve the building and the adjacent vacant lot for parking. 25D-1 Purchase Agreements For 421 S. Bristol January 5, 2009 Page 2 PNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency . =J ~G Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR 0 m AND N O WALNUT ST. T~ ~LLIV ER L 712` 716 720 802 806 814 818 822 902 AVENUE 701 71 I 717 N N LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES 310 309 K a 314 318 JD 402 ~'~ 406 410 414 420 G MY R TLE 43 J 03 10.07 1011 1020 1019 MCFADD EN AVENUE 434 438 442 446 ST. 502 506 510 514 518 52 WILLITS CHESTNUT ~ STREET CAMILE ~ BISHOP MATCHLINE SEE ABOVE LEFT EXHIBIT 1 CITY COUNCIL TITLE PURCHASE AND RELOCATION AGENDA DATE AGREEMENT FOR 421 S. BRISTOL - V JANUARY 5. 2008 BRISTOL STREET CORRIDOR (PROJECT 06-1500) ACQUISITION SETTLEMENT AGREEMENT This Acquisition Settlement Agreement ("ASA") is entered into on , 2008 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda Veronica Navarro, Ernesto Navarro, Leticia Navarro, Jaime Navarro, also dba La Pinata Market and Rockview Dairy, ("Owner"). City and Owner may collectively be referred to in this ASA as the "Parties." RECITALS A. Owner operates a business on the Property commonly known as La Pinata Market, and is the occupant of the real property and improvements located at 421 and 400 S. Bristol, Santa Ana, California. ("Property"). B. Owner and City have negotiated a Purchase and Sale Agreement ("PSA")for a portion of the Property, as legally described and depicted in Exhibit "A" and Exhibit "B" attached hereto ("Acquired Property"), which will impact the Owner's rights, title and/or interests in the Acquired Property. C. The Property is located within the Area of the Bristol Street Widening Project from Pine Street to McFadden Avenue and City intends to acquire a road and sidewalk easement on a portion of the Property for a public use. D. The Parties' rights and obligations with regard to the acquisition of the Acquired Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition of the Acquired Property by City upon the terms and conditions as hereinafter set forth. E. In order to mitigate damages to the Property and avoid a business displacement of the La Pinata Market and Rockview Dairy, Owner intends to renovate their retail structure at 421 S. Bristol Street and relocate lost parking spacing and an 400 S. Bristol ("Rehabilitation Project"). Construction on the Rehabilitation Project is expected to be completed on or about, September 30, 2009. Page 1 of 13 25D-4 Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: Consideration a. City agrees to pay Owner, in accordance with the disbursement schedule referenced in section 1(b) through (d), below, the total sum of SIX HUNDRED NINETY-FIVE THOUSAND AND N0/100 DOLLARS ($695,000) as compensation to which Owner may be entitled, including relocation benefits, any and all loss of business goodwill, leasehold interests, personal property, improvements pertaining to realty, bonus value, severance damages, and any and all other damages to which Owner may be entitled as a result of City's acquisition of the Acquired Property for the Project. All payments as referenced above will be paid to Socorro Guerrola De Navarro Family Trust. b. Upon execution of this ASA, execution and recording of the Easement Deed, Exhibit "C" City will process an initial payment to Owner in the amount of FOUR HUNDRED THOUSAND AND N0/100 DOLLARS ($400,000.00). c. City will process a second payment to Owner in the amount of TWO HUNDRED THOUSAND AND N0/100 DOLLARS ($200,000.00) upon satisfactory evidence to City that all the appropriate building permits have been obtained to begin the Rehabilitation Project. d. City will process a final payment to Owner in the amount of NINTEY- FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00) upon satisfactory evidence to City that the Rehabilitation Project is completed. e. Payment of the consideration referenced in section 1 of this ASA, shall constitute full satisfaction of any and all of City's obligations to compensate Owner. 2. Release a. Owner, on behalf of itself, its agents, assigns and related entities, agree to indemnify, fully release, acquit and discharge City, and the officers, directors, employees, attorneys, accountants, other professionals, insurers and agents of City (collectively "Agents") and all entities related to City, from any and all rights, claims, interests, demands, actions or causes of action which Owner now has or may in the future have against City arising from the acquisition of the Acquired Property, including, but not limited to, trade fixtures, furniture and equipment, leasehold interests, and claims for loss of business goodwill, bonus value (if any) and/or severance Page 2 of 13 25D-5 iL damages (if any), including claims from vendors, independent contractors, tenants now and forever. b. No Party, nor any Agents, nor any related entities, to this ASA have made any statement or representation to any other Party regarding any fact relied upon in entering into this ASA, and each party expressly states it does not rely upon any statement, representation or promise of any other Party or any Party's Agent or related entities in executing this ASA, except as is expressly stated in this ASA. Each Party to this ASA has made such investigation of the facts and law pertaining to this ASA, and of all other matters pertaining hereto, as it deems reasonable, necessary and/or appropriate, and has consulted with legal counsel concerning the matters contained herein. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 5. Indemnity By Owners Owner shall indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Owner of any provision of this ASA, or the falsity of any representation or warranty made by Owner contained in this ASA. 6. Entire Aareement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. 7. Partiallnvalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non-breaching Party of this ASA. Page 3 of 13 25D-6 9. Headings The headings, subheadings and numbering of the different sections of this ASA are inserted for convenience only and shall not be considered for any purpose in construing this ASA. 10. Governing Law The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non-signatories to this ASA, this ASA shall inure to the benefit of, and shall be binding upon, the assigns, successors-in-interest, personal representatives, executors, estate, heirs, legatees, Agents and related entities of each of the Parties hereto. 12. Necessary Acts Each Party to this ASA agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this ASA. 13. Advice Of Counsel Each Party hereto, by its execution of this ASA, represents to every other Party that it has reviewed each term of this ASA with its counsel and hereafter no Party shall deny the validity of this ASA on the ground that the party did not have advice of counsel. Each Party to this ASA has had the opportunity to receive independent legal advice with respect to the advisability of entering into and being bound by this ASA and with respect to the meaning of California Civil Code Section 1542. 14. Parties Have Not Transferred Right Or Claims The Parties hereto each represent and warrant to the other Party that they have not assigned, transferred or sublet to any third party any of the rights, claims, causes of action or items to be released or transferred which they are obligated to transfer or to release as part of this ASA. 15. Authority To Execute This Agreement Each Party executing this ASA represents that it is authorized to execute this ASA. Each Party executing this ASA on behalf of an entity, other than an individual executing this ASA on his or her own behalf, represents that he or she is authorized to execute this ASA on behalf of said entity. Page 4 of 13 25D-7 16. Construction Each Party has cooperated in the drafting and preparation of this ASA. In any construction or interpretation to be made of this ASA, or of any of its terms, conditions and/or provisions, the same shall not be construed against any party. 17. Notices All notices, requests, demands and other communications required or permitted to be given under this ASA shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address as set forth below, or at any other address that such Party may designate by written notice to the other Party: To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention: Souri Amirani To Owner: Socorro Guerrola De Navarro Family Trust ATTN: Leticia Navarro, Trustee 429 S. Bristol Street, Suite 2 Santa Ana, CA 92703 Page 5 of 13 25D-8 18. Counterparts This ASA may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the date first written above. BUSINESS OWNER(S): CITY OF SANTA ANA: For: La Pinata Market and Rockview Dairy By: Date: BY: Date: , 2008 David N. Ream As: Individuals: City Manager Date: , 2008 Sonia Liliana Navarro ATTEST: Date: , 2008 Veronica Navarro Date: , 2008 Ernesto Navarro By: Date: , 2008 Patricia E. Healy Date: , 2008 Clerk of the Council Leticia Navarro Date: , 2008 Jaime Navarro PROPERTY OWNER: Socorro Guerrola De Navarro Family Trust Date: , 2008 'Leticia Navarro, Trustee APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney Page 6 of 13 25D-9 EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION (APN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40,13 FEET OF LOT 14 OF TRACT Nd. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION' OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4D-FdOT MALF- WiDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2246, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38`34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 16.71 FEET; THENCE SOUTH 2°01'18' WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04" WEST 14.$5 FEET TO THE I'~7INT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET (0.0307 ACRES), MORE dR LESS. ALL AS SHOWN ON EXHIBIT "8", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTIdN HAS BEEN PREPARED 8Y ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. t) v ~, ~, ~l f C? ~ `~ I~~~j~~ a RI HARD C. A ER, P.L.S. 7564 DATE ~p~~~~e,~, ~ LICENSE EXPIRES 12-31-OT Page 7 of 13 25D-10 A ~,XHIS[T "S"' PI.hT TO ,4GGGMP,+4htY L '~'sAd.. 17L'~SC.RIPTl4N I ~~~ 2 ~ ~~. ~,= ' ~I ~ ~ O r°°i ~ ~ P. I 40• f 0 _ N89'02'43"W SCALEt 1' = 30' AREA: 1,338 SF. ! p.C13D7 AC. ~ ~__ THIS FLAT ACCCINPANIES A LEGAL IcESCRIFTIflN WR1T~N BY MF„ OR UNDER MY DIRECTION. 1,~,~//~~., IofZ.3Ya7 RICHARD C. MAHER, FLS 7564 DATE Page 8 of 13 25D-11 ExHIBIT ta,a,, LEGAL DESCRIPTION {APN x0&232-38) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORN#A, BEING A PORTION OF LOTS 16 AND 17 OF TRACT NO. 810, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCR#BED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SA#D EASTERLY RIGHT t}F WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA. ANA BY DEED DATED JULY 10, 195'1, NORTH 0°38'34 EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°45'04" EAST 14.65 FEET: THENCE SOUTH 2°01 "18" WEST 47,89 FEET TO A LINE PARALLEL W#TH AND 53,50 FEET EASTERLY., MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34" EAST 27.46 FEET„ THENCE SOUTH 44° 12'03" EAST 2127 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY L#NE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89°02`43 WEST 28.50 FEET TO THE PClINT GlF BEGINNING. THE ABOVE OESCR#BED PARCEL OF LAND CONTAINS 1,3fi0 SQUARE FEET {0.0312 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT ~B", ATTACHED HERETO ANa MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME fJR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. / ~0 ,~~, R CHARD C. HER, P.L,S. 75f>4 DATE n LICENSE. EXPIRES 12-3x-07 "~" ~"~ ~ ,r NOw,-?ffi~+4 ~ Page 1 of 1 Page 9 of 13 25D-12 e A ~awisrr ,.s.r Pl.r4T TC ~GG4MP,~t~tY L.C6-,4L. I~l~C~:IPTlC~t #~ ~ tQ J ~ ~~b ~ ~~ ~ . f.~~,. 40~ O~ ~~~ Z~6~ ~~. P '„(„ h~11~R11.~E vT. SCAL€, t' = 30' AREA; 1,360 S.F. ! 0.0312 AC. ~ T}iIS PLAT ACCCN4PANIES A LEGAL IIESCRIPTt[]N WRITTEN„~Y'1~4E`~1R UNDER MY ll1RECTIpN. C, MAHER, PLS 7564 RATE Page 10 of 13 25D-13 EXHIStT "C" EASEMENT GEED ForAequsitiart Se#tlementApreQm~r~# 14hem recorded, pieasc curt this nlBtrtCrRrlT;tnd PaA SCaienieul5 t4s_ CIer4 of the Cuuncil C:iri' oI Santa .sins 20 Cicir Ceurer Ptaza, \f-3d Santa Ana, California 9'.7p1 Free recording reqursud by TAE CITY OF SAIv'1'A AItiA PER Cio«RIY't~h'T Ct3DE SECTIO\ 6103 C,!'~E: AG£*7C']'!L~5? APP3Cl?.. a]' DEYrYr&'4: D55cw9rio~ A.P. Rtr'x1AP ~ni3 _~_T :`Ak:4 7'$LT iI'b&hY DuRZn$ k'F_'TFE*I aY CHfi'xEL{1.&. ~'L';,F$E$. #C'#1aSA .'1'.1~fR 1Xt8-~+2-36,i2 tJ6-1500 42I, Soo S. $natot, Saute Ana Caldottua DF~ vL~ciex EASEMENT DEED FOR VALUABLE CON5IDERATION, reCF~pt of which is hereby ackrnvxiedged SoCOrm Guenob ~ Navarra Family Trust Do Hereby Grant io THE CITY OF SANTA ANA, a charter City and nruniCipal cartxxation duly organized under the Constitution and taws of the State of Caiifomi~n, easement far public right-of-way purposes for ~, on, over under; and through the rest property in the City of Santa Ana, County a# Cimnge, State of Califomla, k?cated at 421.400 S Bristol, legatiy described as tolbws: SEE EXHBIT "A" -Legal Descriptiai and EXHBt7 "B" -Graphic Depiction, Attached Hereto; Stxorro Guerrota De Navarro Family Trust Date: .2008 Leticia Navarro, Tntstee STATE OF CALIFOR'VL4 }xs. COL~7TY" 6F ) Chr ,?00&. before sne prrsoually appeared . who proro-ed to the ort the basis of satisfacbty cytdrnce to tz du persan(s} whose 1lauir{s} is.are subscrilxd to die within insManrnt and ackuawtedged to the that he=sheri}uy exeruted the sazue m luslurdzezr authorized caparrh{usi, and dui by hisiher:'thcu si¢nanrrr(vj an the inmunxnt dtr person(s) or the rntin upwt behalf of which the ptrxon(s} acted.. cxernted die insttumertt. I cerufi' under PENALTY OF PERJLRY mxkr the caws of thr State of Cilifortva drat the farcgmng paragraph is true and rorrrct. Signature 53GNATtrRE ©F NOTARY PL7BLIt~ cuce NCJTARY SEALABr?'JE Page 11 of 13 25D-14 EXHIBIT "C"' EASEMENT GEED ATTACHMENT farAtquisition Settlem+QntAgreement EXHIBIT ^A^ LEGAL DESCRIPI'K1N fAPN 008-232.36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA, BEING A PORTION OF LOTS 78 ANO 17 OF TRACT NO. 810, RECORDED iN BOOK t9. PAGE 72 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLlOW3: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY UNE OF SAID LOT 17 ANO l'HE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH) AS CONVEYED TO ThIE CITY OF SANTA ANA BY DEED RECURDED IN BOOK 2286, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAV CONVEYED 70 THE CITY OF SANTA ANA BY DEED GATED JULY 70, 7851, NORTH 0"38'3d° EAST 90.34 FEET TO THE NORTHERLY LINE OF SAID LOT 78; THENCE ALONG SAID NORTHERLY LINE. SOUTH 89"05'04' EAST 74.65 FEET: FHENCE SOUTH 2°Ot' 18" WEST 47 88 FEET TO A LINE PARALLEL WITk ANU 53.50 FEET EASTERLY. MEASURED AT RIGHT ANGLES. OF THE CENTERLINE OF SAID BRISTOL STREET; THENCF_ ALONG SAID PARALLEL LINE, SOUTH 0'38'34` EAS7~ 27.48 FEET; FHENCE SOUTH 44"72'03" EAST 27.27 FEET TO SAID SOI.ITHERLY LINE; ~~HENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET. NORTH 89"02'43` WEST 28.50 FEET TQ THE POINT OF BEGYNNING. THE ABOVE DESCRIBED PARCEL OF LANG CONTAINS 7,380 SQUARE FFF.T (0.0312 ACRES). MORE OR LESS. ALL A9 SHOWN ON EXHIBIT °B". ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPEft~YY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH TYiE PROFESSIONAL LAND SURVEYOR'S ACT. R C-THARD C. MAFIER. P.L.S. 7584 DATE ''~''~ y LICENSE EXPIRES 72-37-07 ~u/z:c :r. NQ itSM t C page 7 et t Page 12 of 13 25D-15 EXN161T "C"' EASEMENT DEEQ ATTACHMENT furA~quis#ion Sattl>$mantA~re,aml~nt EXM181T "A" LEGAL DESCRIPTION (APN 008.23232) THAT CERTAIN PARCEL OF LANp IN THE CITY OF $AN7A ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19. PAGE 12 ~ MISCELLANEOUS MAPS. MORE PARTICULARLY DESCRIBED A3 FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4p-FOOT HAIF- WIDTH) AS CONVEYED TO THE CITY OF SANTA ANA BY GEED RECORDED IN BOOK 2248. PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0'38'34' EAST 65.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14-. THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 18.71 FEET: THENCE SOUTH 2°01'18° WEST 85.36 FEET TO SAID SOUTHERLY LINE: THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04' WEST 14.85 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SOUARE FEET' (0.0307 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B`, ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S AC7 i 94~ ~`'~ 11 t 07 0 ., RI HARD O, ER, P.L.S. 7584 DATE ppt f 8~j x LICENSE EXPIRES 1231-07 • N0.786f Of CAl\ _____._ fE74FilElIT "8" *1.i+iT TO ,+iGGOT4P/WY LlBe/~L t~ffiC.RIPTION ~' ~`~ o~ H I ~J OIL ~I~ i I b .. ..... ~ ... _. ___ ~ N89'02'431V ~_._._ - M YRTLE St '. SCl+IC~ t' =- 30' nRE'A~. t,33R ,. : 0.030? RC + K b9 Me :~ Inc. Z3 1 4 '!e. L I~ f M G 5 E 40 ~ HtS PLaT /.CC,GMPMSCS " LEUM. i1F.S F.nT1ilN . P Sin )M C J! yR:TT Dt N[, pR. UNOER NY pIRCCTILllt. /~ 34Q ~~)f,N l) J AfN OD8-~'2-d'j 'Rib!4RT1 1. MnHE'.R, ?I.S 'l95n RnT£. NV .'S6i Page 13 of 13 25D-16 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into this _ day of , 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Socorro Guerrola De Navarro Family Trust (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: (hereinafter "Said Real Property") described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as portion of 421 and 400 South Bristol Street, Santa Ana, CA, APN: 008-232-36, 32) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance by Seller. Seller agrees to convey Said Real Property to City, by Easement Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveved. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($155,200) Page 1 of 14 Seller's Initials 25D-17 insuring City's title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this PSA. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (hereinafter "Escrow Agent") within five (5) days from and after the date on which the City has approved this PSA. This PSA constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. The Escrow Agent hereby is empowered to act under this PSA, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this PSA, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this PSA. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment (improvements pertaining to the realty), good will (if any), severance damages, and bonus value (if applicable), the total cash sum of ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($155,200). Page 2 of 14 Seller's Initials 25D-18 City agrees to deposit said purchase price in escrow with the Escrow Agent within Sixty (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay said purchase price to Seller only after or concurrent with the satisfaction of the following conditions precedent: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of An Easement Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Easement Deed conveying Said Real Property to City. (e) City shall record the Easement Deed when purchase price is deposited with Escrow Agent. 7. Possession. Seller agrees to deliver to City, upon execution and/or recordation of the Easement Deed described and attached hereto EXHIBIT "D", quiet and peaceful possession of Said Real Property. 8. Intentionally Left Blank 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs. Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon Said Real Property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to the realty), Bonus Value, if any, and severance damages. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the city of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Socorro Guerrola De Navarro Family Trust Attn: Leticia Navarro, Trustee 429 S. Bristol Street, Suite 2 Santa Ana, California 92703 Page 3 of 14 Seller's Initials 25D-19 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE 16. Agreement. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sew. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. Page 4 of 14 Seller's Initials 25D-20 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the enforceability of this PSA, and the escrow created hereby, is contingent upon the express acceptance and approval of this PSA by City. The execution of this PSA by City, and the delivery of same to Escrow Agent, shall constitute said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. Page 5 of 14 Seller's Initials 25D-21 28. Apulicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. 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. The parties have executed this Agreement as of the date written below. FOR: I CITY /BUYER: Socorro Guerrola De Navarro Family Trust CITY OF SANTA ANA Leticia Navarro, Trustee BY: Date: , 2008 Date: , 2008 David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Date: , 2008 Jose Sandoval Chief Assistant City Attorney ATTEST: By: Date: , 2008 Patricia E. Healy Clerk of the Council Page 6 of 14 Seller's Initials 25D-22 EXHIBIT "A" LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOTS 16 AND 17 OF TRAGT NO. 610, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEt31NNING AT THE It~ITERSEGTION OF THE SOUTHERLY LINE OF SAiD LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (4Cl-FOOT HALF- WIDTH} AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2266, PAGE 451 OF OFFICIAL RECORDS, THENCE ALONG SAID EASTERLY RIGHT OF WAY AND THE EASTERLY RIGHT OF WAY CONVEYED TO THE GITY OF SANTA ANA BY DEED DATED JULY 10, 1951, NORTH 0°3H'34" EAST 9p.34 FEET' TO THE NORTHERLY LINE. OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°05`04" EAST 14.65 FEET; THENCE SOUTH 2°01'18" WEST 47.85 FEET TO A LINE PARALLEL WITH AND 53.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET, THENCE ALONG SAID PARALLEL LINE, SOUTH 0°38'34" EAST 27.46 FEET; THENCE SOUTH 44°12'03" EAST 21.27 FEET TO SAiD SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89°02'43" WEST 28.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,360 SQUARE FEET (0.0312 ACRES}, MARE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY pIRECTIC3N IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR"S ACT.. NQ R CHARD G. ER, P,L.S. 7x64 j DAT/E ~ ' LICENSE EXPIRES 12-31-07 ~ E7I~!'I l rh NQ0. ?Slf+1 Page 7 of 14 Seller's Initials 25D-23 A A ..,~'C~1t'8CT "8~• rl~.-4T TO ,4rCC.C'iMP,~1~tY L~:6,4L t~L't Grt(1®TiC~t t= ~ ~I J ~ fib _.. -~ ~oj ti~g. ~ ~, ~~~+ ~:~~ ~~~ off' P - - _ N&9'02'43" VY SCALE: 3' = 30' AREA+ 3,364 S.f . / d.d312 AC. ~ THiS PLAT ACCLIP9PANIES A LEGAL DESCRiPTICM iJRITTEN_,$Y''HE"`pR UNDER MY DIRECTION. C. MAHER, PLS 7564 DATE Page 8 of 14 Seller's Initials 25D-24 EXHIBIT "A" LEGAL DESCRIPTIQN (APN 008-232-32} THAT CERTAIN PARCEL OF LAND iN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO, fi10, RECORDED IN BOOK 19, PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40-FOOT HALF- WIDTH} AS CONVEYED TO THE CITY OF SANTA ANA BY DEED REGARDED IN BOOK 2246, PAGE 338 OF QFFICIAL RECORDS, THENCE. ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34" EAST 85.34 FEET TO THE NORTHERLY LINE OF THE SOUTH 40.13 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°07'24" EAST 16.71 FEET; THENCE SOUTH 2"01'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENGE ALONG SAiD SOUTHERLY LINE, NORTH 89°05'04" WEST 14,65 FEET TO THE POINT ©F BEGINNING. THE ABOVE DESCRIBED PARCEL QF LAND CQNTAINS 1,338 SQUARE FEET.. (0.{1307 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTIQN HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYQR'S AGT. t3~ ~ C. ~li9` ,~, ll t f3~ ~ a Rt HARD C. ER, P.L.S. 7564 DATE ¢~~~~„~,.,~ ~ LICENSE EXPIRES 12-31-07 l~IOF TI3B4 Page 9 of 14 Seller's Initials 25D-25 A A tXHi81T "B" P1..~+4T TO ,4~GGOMP,~htY L.t..~sArL. l7~SC~CIPTIG7N i ~~~ z ~~,. H~ NI .~ ..l ~ m ~~z m P aa' f 0 _ 189"02~'43"W h~~YR,TL~ 5T. SCALE` t' = 34' AREA: 1,338 S.F. / 11,0307 AC. t ~..-. 7NIS PLAT ACCCMPANTES A LEGAL DESCRIPTION .+j WRITT N BY M OR UNDER MY DIRECTION. .* EXP" 1s/~tt1o~ J Np. 7564 RICHARD C. MAHER, PLS 7564 DATE C~A~% Page 10 of 14 Seller's Initials 25D-26 EXHIBIT "C" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the perfection of title as of the date on which the transferring instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to commence or defend any action or proceedings for the determination of such conflict. The Parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and discharged from all obligations imposed upon it in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 11 of 14 Seller's Initials 25D-27 EXHIBIT "D" EASEMENT DEED ii~'hrn recorded. pleasr ma'd this instnxaenf aad tax SptemeatS to: C'lertc of The Conntil C'its~ of Santa Aria 20 C'n'IC Crntrr Plaxa. \I-36 Saota..4ga, Calltarnia 93?DI Free rewrdigg requested by ITIE CITY- OF Jr1NTA Atvs1 PER GOVERNIVIF,I~TI' CODS SECTICIN 5103 CA.*3rEi RG[?3CY(tES:i ~Pi?t~S'E]SS DE4~a9T?O?i bESGYIPTia3: A.R RSV MAP PF.OSEC. i 4',UIS P4:&t:C 4;fi3S INAEC'i3-R WF.'REi•'SF CISE:REL`fi F. N3.P.d6EA Nl?Y18EEF. ht''~FA Dols-23"?-36,3? Ob-15170 ~ 421, C00 ~ $nstol, Santa Ana Calrfwrrra nEeowaos~ EASEMENT DEED FOR YAt.UABLE t:ONSID£RATlON, receipt of xrt7ich is hereby ackttowledged, Socarro Guerrota Ua Navano Family Trust Do Hereby GranE to THE CITY OF SANTA ANA, a charter city and municipal ctxporation duty organized under the Const4ution and taws of the State of Califamal, easement for public right-of-way txlrposes fa ~, ot7, over urxi~, and thrixrgh the r~ property in tf7e City of Santa Ana, County of Orange, State of Califomta, gated at 421, 400 S. t3ristol, legally described as fdbws: SEE EXHBIT °A" -Legal (?escriptian aml EXIiBIT `l3" - Graptnc matron, Attached tiere£o; 5ocarro Guerrola De Navarro Family Tsui Date: , 3f10t3 Leticia Navarro, Trustee STATE OF CALIFORNIA } ss. COL'N1'Y' OF } Ou ,?0073, befog tae. pnsmalh appeared . w1w proeed to rue m du basis of sasisfactrn rvukctce to be thr petxm{sl whose mrur(sj is~are sulxcribal to du within arsaaaunt and actmowledged ro the drat heistxithry rxecuted the carne sst his-lur'their authorised capauty(xs), and that by his''ha'their signanrre(sl m the insttament Ate prim{s) cx t1x. ditih span behalf of Much the person{s) acted- ececuted the instrainettt. I rrmh' tinder PENALTY OF PER7iRY undrr thr tats~s of dtr Starr of Catifaania that !hr foregoing paragraph is ttur and correct. SignarRUe SiGtaATi1RE C>F t+10TA.RY Pia@LIC PL44E NC>7Aaiy fiEF.L ABi71'E Page 12 of 14 Seller's Initials 25D-28 EXHIBIT "D" EASEMENT DEED ATTACHMENT EXHIBIT "A" LEGAL DESCRIPTION (APN 008-232-36) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA. BEING A PORTION OF LOTS 78 AND 17 OF TRACT NO. 670, RECORDED IN BOOK 79. PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 17 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET (40.F007 HALF- WIDTHj AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BWK 2286, PAGE 451 OF OFFICIAL RECORDS, THENCE ALONG SAID EASTERLY RIGHT OF WAY ANO THE EASTERLY RIGHT OF WAY CONVEYED TO THE CITY OF SANTA ANA BY DEED DATED JULY 10, 7857, NORTH 0"3834' EAST 90.34 FEE1" TU THE NORTHERLY LINE OF SAIC LOT 18. THENCE ALONG SAID NORTHERLY LINE, SOUTH 89'05'04" EAST 14.85 FEET: THENCE SOUTH 2"OT'78' WEST 47.89 FEET TO A LINE PARALLEL WITH ANb 53 50 FEET EASTERLY. MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE ALONG SAID PARALLEL LINE. SOUTH 0"38'34' EAST 27.48 FEET; THENCE SOUTH 44"12'03' EAST 27 27 FEET TO 3AID SOUTHERLY LINE. THENCE ALONG SAID SOUTHERLY LINE AND THE NORTHERLY RIGHT OF WAY OF MYRTLE STREET, NORTH 89'02'43' WE8T 28.50 FEET TO THE POINT OF BEfi1NNIN6. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.380 SQUARE FEET (0.0312 ACRES). MORE OR LESS. ALL AS SHOWN ON EXHIBIT 'B", ATTAL't1ED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH 7'HE PROFEBSiONpI LAND SURVEYOR'S ACF. ~~ii R CHARD C. ~-IER, P.L.S. 7584 DATE y LICENSE EXPIRES 72-37-07 pOIf2hT{„/07/07 NQ T§~{ f Page 1 01 1 Page 13 of 14 Seller's Initials 25D-29 EXHIBIT "D" EASEMENT DEED ATTACHMENT EXHIBIT "A" LEGAL DESCRIPTION IAPN 008-232-32) THAT CERTAIN PARCEL OF LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 15 AND THE SOUTH 40.13 FEET OF LOT 14 OF TRACT NO. 610, RECORDED IN BOOK 19 PAGE 12 OF MISCELLANEOUS MAPS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE Of SAiD LOT 15 AND THE EASTERLY RIGHT OF WAY OF BRISTOL STREET {40-FOOT HALF- W1DTH) AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 2248, PAGE 338 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 0°38'34° EAST 85.34 FEET TO THE NORTHERLY UNE OF THE SOUTH 40.13 FEET OF SAID LOT 14, THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°0T24" £AST 18.71 FEET; THENCE SOUTH 2'01'18" WEST 85.36 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°05'04' WEST- 14.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,338 SQUARE FEET (0.0307 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MV DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND S~U~R~V^~E~VO~R'3.~A~~C~T. ,~//J~ 7p i~~1o~ ._./RI HARD C. ER, P.L.S. 7584 DATE pp!1 P LICENSE EXPlRE3 12-31-07 r NO. tlet ~t~ rr~1~"- G%i4161T "II" PLAT TO AGGOMPANY 1.!'iAL 7~bGRIP'TION ~. ' ~y gip. I ~! !~ x ~~ ~;~ °s~ I„Irnn.~ sr. ~M A1ar~tli~n, IY.< , ^ u u~sws,:~ nns viwt xcw+na~rs .. i.,rn. ma~E:+nav Rnw"v.n- YRii• Hr , yz rryp[p MV ]IRECilr3: ~ /G1'L~G APN C09-im2-~" 2EiNAJ % "MrER. PAS "J'SdA S~Atf Page 14 of 14 Seller's Initials 25D-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: RENEW AGREEMENT WITH SIEMENS BUILDING TECHNOLOGIES FOR MAINTENANCE AND REPAIR OF FIRE ALARM SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY c~ v/ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"a Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached renewal of the agreement with Siemens Building Technologies, Inc. in an annual amount not to exceed $32,960, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Administration and Holding Facility is equipped with a sophisticated fire monitoring and alarm system that protects the property and personnel who work and visit the facility. The agreement provides for annual maintenance and repair of the system, which includes materials, skilled labor, technical supervision, tools, supplies, and testing equipment. In addition, statutory inspections are performed in order to maintain the fire alarm system in first class condition to ensure that the system's operation meets all applicable laws and regulations. On December 18, 2006, the City Council authorized execution of a one-year agreement with two, one-year renewals to Siemens Building Technologies. The vendor has performed satisfactorily during the past contract period and has agreed to continue service without an increase in pricing. Staff recommends exercising the second renewal of the agreement. 25E-1 Siemens Agreement Renewal January 5, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Building Maintenance account (no. 11-350-6291). APPROVED AS TO FUNDS AND ACCOUNTS: // / Paul M. W~l~ers Police Chief Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 5, 2009, by and between Siemens Building Technologies, Inc., a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2006-330, dated December 18, 2006, (hereinafter "said Agreement") by which Consultant has provided repair and maintenance of fire alarm systems in the Police Department Administration and Jail Facilities. B. In accordance with the terms and conditions of said Agreement, and the intentions of the parties, the parties wish to renew the agreement for an additional one year term and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: I. Section 2, COMPENSATION, shall be amended to increase compensation by $32,960.00 to pay for services during the extended term. 2. Section 3, TERM, shall be amended to extend the termination date to December 31, 2009. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: CITY OF SANTA ANA DAVID N. REAM City Manager SIEMENS BUILDING TECHNOLOGIES, INC. Laura Sheedy Assistant City Attorney (NAME) (Title) 25E-3 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: RENEW AGREEMENT WITH OTIS ELEVATOR COMPANY FOR ELEVATOR MAINTENANCE AT THE POLICE ADMINISTRATION AND HOLDING FACILITY Lt CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached renewal of the agreement with Otis Elevator Company in an annual amount not to exceed $83,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Administration and Holding Facility was completed in 1996. The facility operates eleven elevators in a 24-hour 7-days-a-week environment. Regular preventive maintenance, periodic testing, and parts replacement is necessary to keep the elevators operational. On January 2, 2007, the City Council approved an agreement with Otis Elevator for a two-year period with provision for two one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew without an increase in pricing. Therefore, staff recommends exercising the first renewal of the agreement. The amount of the agreement includes $49,000 for monthly service calls, $14,000 for a spare drive for the detention center visitation elevator, and $20,000 contingency for repairs during the contract period. 25F-1 Otis Agreement Renewal January 5, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Building Maintenance account (no. 11-350-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~ ~~M w Paul M. Walters Police Chief nom, ~ ~~~ ~ ~~~~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25F-2 SECOND AMENDMENT TO GREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 5, 2009, by and between Otis Elevator Company, a wholly owned subsidiary of United Technologies Corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into that certain Contractor Agreement A-2007-003, dated January 2, 2007, (hereinafter "said Agreement") by which Contractor has provided elevator repair and maintenance services for the City of Santa Ana Police Administration and Holding Facility B. The Parties wish to amend the Scope of Services to provide for extraordinary maintenance and repair service and increase compensation to pay for services during the term from January 1, 2009 through December 31, 2009. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform elevator maintenance and service, as set forth in City's Request for Proposals to Provide Elevator Maintenance Services for the City of Santa Ana Police Administration and Holding Facility, on file in the Santa Ana Building Maintenance Department, and Contractor's response, attached to said Agreement as Exhibit A. Additionally, the Executive Director of Finance and Management Services may authorize additional extraordinary maintenance and repair services, in writing, based on a written proposal submitted by Contractor." 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, attached to said Agreement. Additionally, City agrees to pay, and Contractor agrees to accept, as total payment for the services set forth therein, the rates and charges set forth in Contractor's Proposal #CMD 12308, attached hereto as Exhibit A-1. The total sum to be expended under this Agreement shall not exceed $83,000.00, during the term commencing January 1, 25F-3 2009 and extending through December 31, 2009. Said $83,000.00 includes $49,000 for regular maintenance and repair, $14,000 for repairs set forth in Exhibit A-1 and an additional $20,000 contingency for additional required services." 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12, below. The City shall have the option to extend for an additional one-year period upon a writing executed by both Parties." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager OTIS ELEVATOR COMPANY By: (Print Name) (Title) 25F-4 EXHIBIT A-1 SCOPE OF SERVICE CONTRACTOR will provide labor and material to furnish and install a spare drive for the Visitation Elevator in the Santa Ana Detention Facility. The existing drive has been sent out for repair with at least a two week lead time. To get the Visitation Elevator running in a shorter time, we present an option to purchase a new drive and have it expedited for delivery in 2 days. The purchase of an additional drive provides a spare in the event that the drive fails in the future. PRICE: Thirteen thousand, one hundred twenty four dollars ($13,124.00). City shall make atwenty-five percent (25%) down payment on execution of this Amendment. Terms and conditions Any applicable sales, excise or similar tax shall be City responsibility. Title to the spare drive shall pass when City makes final payment of the price set forth in this Exhibit A-1. Contractor warrants that services furnished by Contractor will be performed in a workmanlike manner, and that any equipment provided hereunder shall be free from defects in workmanship and material. Contractor's sole responsibility under this warranty shall be, at its option, to correct any defective services and to either repair or replace any component of the equipment found to be defective in workmanship or material. Contractor shall conduct, at its expense, the entire defense of any claim, suit or action alleging that, without further combination, the use by City of any equipment provided hereunder directly infringes any patent, but only on the condition that (a) Contractor receives prompt written notice of such claim, suit or action and full opportunity and authority to assume the sole defense thereof, including settlement and appeals, and all information available to City for such defense; (b) said equipment is made according to a specification or design furnished by Contractor; and (c) the claim, suit or action is brought against City. At completion of work, City shall be responsible for ensuring that the operation of equipment furnished hereunder is periodically inspected. The interval between such inspections shall not be longer than what maybe required by the applicable governing safety code. 25F-5 25F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR SANTA ANA POLICE ATHLETIC ACTIVITIES LEAGUE ~; CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinanc;e on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached agreement with the County of Orange in an amount not to exceed $33,675 for capital improvements to the Santa Ana Police Athletic Activities League building and site, subject to non- substantive changes approved by the City Manager and the City Attorney. 2. Approve an Appropriation Adjustment accepting funds from the County of Orange in the amount of $33,675 into Special Revenue account (no. 24-01-5229) and appropriate the same to expenditure account (no. 24- 335-6641). DISCUSSION Santa Ana Police Athletic Activities League (SAPAAL) was developed to help reduce gang violence, deter gang involvement, and to mentor the youth in our community. As part of the program, Police Department staff coordinate after-school programs such as tutoring, peer support groups, and sports and recreational activities for at-risk youth. The Parks, Recreation and Community Services Agency, provided the McFadden Learning and Technology Center to house the SAPAAL program. The County of Orange has allocated $33,675 for building a basketball court, installing monkey bars, and installing an alarm system and exterior parking gate at the SAPAAL building. These capital improvements will enhance the security of the facility for the youth and staff, as well as provide additional athletic opportunities for at-risk youth and increase participation in the SAPAAL program. 25G-1 Agreement & AA for SAPAAL December 4, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Police Department's Special Revenue Account (no. 24-01-5229) by an amount of $33,675 and the expenditure appropriation for Police Department's Expenditure Account (no. 24-335-6641) by the same. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director ~~ Finance & Mgmt. Services Agency 25G-2 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA TO FUND CAPITAL IMPROVEMENTS FOR SANTA ANA POLICE ATHLETIC AND ACTIVITIES LEAGUE This Agreement, hereinafter "Agreement," to fund capital improvements for Santa Ana Police Athletic and Activities League, hereinafter "SAPAAL," is made and entered by and between the County of Orange, a political subdivision of the State of California, hereinafter "COUNTY," and the City of Santa Ana, hereinafter "CITY," with a place of business located at 20 Civic Center Plaza, Santa Ana, California 92702. COUNTY and CITY may also be referred to herein as "party" or collectively as "parties." RECITALS WHEREAS, COUNTY, by Minute Order dated November 18, 2008, a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part of hereof as if fully set forth, has determined, pursuant to Government Code Section 26227, to expend a portion of its general funds in the amount of $33,675 [hereinafter "the funds"] for contribution to CITY to be used for building a basketball court, installing monkey bars, and installing an alarm system and exterior parking gate, all on the building used by SAPAAL, hereinafter collectively referred to as "project," to be completed between November 19, 2008 and November 18, 2009. WHEREAS, said project meets the social needs of the population of Orange County. THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 25G-3 1. EFFECTIVE PERIOD -TERMINATION DATE The effective period of this Agreement shall be the period beginning November 19, 2008 and ending November 18, 2009, subject to the provisions of Section 15 of this Agreement. CITY agrees that the funds received under this Agreement shall be disbursed on or before November 18, 2009, and that any and all funds remaining as of November 19, 2009, which have not been disbursed shall be returned by CITY to COUNTY. No expense of CITY will be reimbursed by COUNTY if incurred after November 18, 2009. 2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY'S determinations will be final and the COUNTY will control the use of the funds. CITY agrees that the funds will be used toward building a basketball court, installing monkey bars, and installing an alarm system and exterior parking gate between November 19, 2008 and November 18, 2009. Notwithstanding Section 1 herein, CITY agrees to use any real or personal property or equipment that is constructed, acquired or improved with the funds for its entire useful life for the purposes, as described herein, for which the funds were granted to CITY by COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or equipment for the purposes described herein at any time before the end of its useful life. CITY agrees to properly maintain, repair and keep in good working order all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and for the useful life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or other governmental approvals required for the project and for any services provided in or with property or equipment constructed, acquired or improved with the funds. CITY further agrees that lack of compliance constitutes grounds for COUNTY to pursue the remedies set forth in Section 15 of this Agreement and to reduce the level of payment that otherwise would be provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. 2 25G-4 Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that its level of operation will be adequate to ensure maximum utilization by the public of the property, equipment, programs and/or services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs and/or services shall be granted to all residents of the COUNTY on the same conditions under which the residents of the target area may use and enjoy it. 5. EVALUATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the County Executive Officer, or his designee, may call for an Evaluation to be conducted. 6. PAYMENTS BY COUNTY Upon the effective date of this Agreement, COUNTY agrees to make periodic payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for the project, or CITY may invoice County upon receipt of invoice from service provider for approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $33,675. 7. CONFLICT OF INTEREST AND GRATUITIES CITY agrees and understands that COUNTY's funds shall not be used by CITY to pay or reimburse any staff person or consultant who is a member or officer of the City Council or other official governing body of CITY. CITY warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by CITY or any agent or 3 25G-5 representative of the CITY with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. 8. ACCESS AND RECORDS CITY shall keep true and accurate accounts, records and books in performance of this Agreement in accordance with generally accepted accounting principles. Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records for all funds received from COUNTY under this Agreement. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CITY's office or place of business during duration of this Agreement and thereafter for a period not less than five (5) years. CITY shall make all of its records available to COUNTY upon request during regular business hours for the purpose of evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as required. CITY agrees to implement all accounting and/or record-keeping recommendations made by COUNTY for all funds received from COUNTY under this Agreement. In the event CITY does not make its books and financial records available to COUNTY, CITY agrees to pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. 9. INDEMNIFICATION AND INSURANCE CITY 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 for 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 performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court or jury. CITY certifies that it has insurance coverage or self-insurance that is adequate to cover all risks associated with the project. If it has insurance covering the project, CITY will add COUNTY as an additional insured. 4 25G-6 10. INDEPENDENT CONTRACTOR CITY shall be considered independent contractors and neither their employees nor subcontractors, agents or anyone else working under or on behalf of CITY or CITY shall be considered an agent or an employee of COUNTY. Further, neither CITY or CITY's employees nor subcontractors, agents or anyone else working under or on behalf of CITY or CITY shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. 1 I. ASSIGNMENT OR SUBCONTRACTING 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 Agreement nor any portion thereof may be assigned or sub- contracted by CITY without the express written consent of COUNTY. Any attempt by CITY to assign or sub-contract the performance or any portion thereof of this Agreement without the express written consent of COUNTY shall be invalid and shall constitute a breach of this Agreement. 12. NON-DISCRIMINATION CITY shall not unlawfully discriminate in any way with respect to performance of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national origin, ancestry, medical condition, or physical or mental disability and/or in violation of any applicable state or federal law or regulation, including but not limited to the federal Age Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the Americans with Disabilities Act, the federal Civil Rights Act of 1964, Title VII of the federal Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh Civil Rights Act, as those acts may have been amended. CITY agrees that in the performance of this Agreement it will comply with all applicable requirements of California Labor Code Section 1735, California Government Code Section 12940 et seq., and federal statutes and regulations pertaining to employment discrimination, and will not engage in nor permit any subcontractor to engage in unlawful discrimination in employment of persons. This prohibition shall pertain to employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship; and any 5 25G-7 other action or inaction pertaining to employment matters. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the California Labor Code. 13. PROHIBITION AGAINST LOBBYING CITY shall not use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to influence any legislation or the outcome of any election. 14. BREACH-SANCTIONS If, through any cause, CITY fails to fulfill in a timely and proper manner any of its obligations under this Agreement, or if CITY violates any of the terms and conditions of this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or violations, COUNTY shall have the right to: (a) Discontinue project support until such time as CITY fulfills its obligation under this Agreement or any prior Agreement between COUNTY and CITY; (b) Collect such outstanding amounts as are determined by COUNTY to be due COUNTY from CITY; (c) Terminate this Agreement by giving written notice to CITY of such termination and specifying the effective date thereof. The remedies for breach set forth in this Agreement do not preclude resort by either Party to any other remedies provided by law. 15. SOLE AGREEMENT This Agreement expresses all the understandings of the parties concerning all matters covered. No addition to or alteration of the terms of this Agreement shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Any addition or alteration of the Agreement may be subject to approval by the COUNTY Board of Supervisors. 6 25G-8 16. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, 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 trial to another County. 17. NOTICES Where required to be given under this Agreement, notices shall be in writing and deemed given when transmitted or delivered personally or deposited in the United States mail, postage prepaid, certified, addressed as follows: COUNTY: County Executive Office County of Orange 333 W. Santa Ana Boulevard, 3`d Floor Santa Ana, CA 92701-4062 Attn: Michelle Aguirre CITY: Santa Ana Police Athletic & Activity League 60 Civic Center Plaza Santa Ana, CA 92705 Attn: Tom Serafin 18. AUTHORITY The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 19. EMPLOYEE ELIGIBILITY VERIFICATION CITY warrants that they fully comply with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Agreement meet the citizenship or alien status requirement set forth in Federal statues and regulations. CITY 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 7 25G-9 Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently exist and as they may be hereafter amended. CITY shall retain all such documentation for all covered employees for the period prescribed by the law. CITY 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 CITY 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 Agreement. 20. COMPLIANCE WITH PRIVACY LAWS CITY warrants that in providing services to their clientele and in performance of this Agreement, they will comply with all applicable state and federal confidentiality and privacy laws, including but not limited to the federal Health Insurance Portability and Accountability Act of 1996 and all amendments. 21. AGREEMENT WITH TERMS AND CONDITIONS CITY acknowledges that it has read and agrees to all terms and conditions in this Agreement. U // /1 // // // // // // // // 8 25G-10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with their respective signatures.. COUNTY OF ORANGE, a subdivision of the State of California DATE: By: TITLE: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATE: ~L~" ~ '~ BY: ~i~,tiL~4., Deputy CITY OF SANTA ANA DATE: By; TITLE: DAVID N. REAM, City Manager ATTEST: DATE: gy: TITLE: Clerk of the Council APPROVED AS TO FORM: ,~ ' ~~ DATE: 1~~3~C-%~~ BY: ~~~~~~ ~`~ ~, ~ TITLE; Assistant City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors 9 25G-11 25G-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: AGREEMENT WITH VIDEO ENGINEERING SERVICES FOR VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES ~~,~ CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement with Video Engineering Services for video production and cable equipment services for one year in an annual amount not to exceed $99,660, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. In addition, Video Engineering Services assists the City Clerk and other users of the Council Chambers with audio recordings and lighting in the Council Chambers, and provides technical assistance on other audio/visual related projects. Video Engineering Services provides production staff to televise City Council meetings occurring in the Council Chambers. This agreement includes $4,000 for video services for the filming and production of the Mayor's annual State of the City presentation, and a $13,200 contingency. The Agreement may be extended for four additional one-year terms, and compensation costs associated with the extensions may be renegotiated annually. The Parks, Recreation and Community Services Agency is satisfied with the quality of services provided by Video Engineering Services and recommends approval of this agreement. 25H-1 Agreement with Video Engineering Services January 5, 2009 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs, Other Contractual Services account (no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNT: ~ i% Gerardo Mouet, Francisco Gu ierrez, Executive Director Executive Director Parks, Recreation and Finance and Management Services Community Services Agency Agency 25H-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5`" day of January, 2009 by and between Video Engineering Services (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of video equipment maintenance and use. 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: SCOPE OF SERVICES Consultant shall perform those equipment scheduling and maintenance services as set forth in Exhibits A, B, C and D, attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit E. The total sum to be expended under this Agreement shall not exceed $99,660.00, annually, during the teen of this Agreement. b. Payment by City shall be made within thirty (30) 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. TERM This Agreement shall commence on February 1, 2009 and terminate on January 31, 2010, unless terminated earlier in accordance with Section 12, below. The Parties may elect to renew the Agreement for up to four (4) successive one-year periods, by the 25H-3 execution of a written agreement. The parties may agree to renegotiate compensation prior to each annual renewal. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit F upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25H-4 d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the director indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the 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. 7. 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 25H-5 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. 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: and 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 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 25H-6 To Consultant: Tom Bystry 3022 Palmyra Avenue Orange, CA 92869 A party may change its address by giving notice in writing to the other party. Thereafter, 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 telefacsimile, 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. 10. 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, that terms and conditions hereof, shall not bind or obligate Consultant nor 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. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25H-7 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. 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. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. 25H-8 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: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: VIDEO ENGINEERING SERVICES GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency THOMAS E. BYSTRY Owner Tax ID# 25H-9 EXHIBIT A VIDEO ENGINEERING SERVICES BASE ENGINEER 1. Consult shall confer with the Executive Director of Parks, Recreation And Community Services or assigned staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities. Includes City Hall, Recreation Centers, Senior Centers. Parks and Recreation Building, Stadium, Soccer fields. Etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Design layout of electrical circuitry for existing and /or acquired audio /video equipment 4. Ensure compliance with local, state, and federal safety codes and regulations. 5. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 6. Help establish and enforce Agency wide policies for equipment use. Provide operation instruction for staff. 7. Conduct regular security checks on the City's production equipment. 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Supervise annual asset inventories and tagging of new assets, as needed. 10. Coordinate equipment repair with outside agencies. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, delivering equipment, setting up operating facilities as needed.) 14. Provide updates to Executive Director and/or assigned staff on progress of equipment install, maintenance, building projects and anticipated completion dates. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, power point, elmo or other technical needs. COMPENSATION Annually $45,760 City will pay contractor $55 (fifty five) per hour. For a maximum of sixteen hours per week. The first and third Mondays of the month (Council Meetings) shall be two regularly assigned workdays for Contractor. 25H-10 EXHIBIT B VIDEO ENGINEERING SERVICES State of the City Address Consultant shall produce the mayor's state of the city address, including • Hiring and supervising crew for camera operations, audio mixing, cable running, equipment load in and load out. • Directing the show for video. • Renting all needed video equipment and editing the finished video for playback. Flat fee - $4,000 Itemized invoicing for this item will occur once a year. 25H-11 EXHIBIT C VIDEO ENGINEERING SERVICES Council Meetings VIDEO ENGINEERING SERVICES (Thomas E. Bystry) will serve as Producer/Administrator for City of Santa Ana City Council meetings. Said services include hiring and supervision of video production staff. Consultant shall provide production services in live meeting coverage and playback for up to twenty-seven (27) meetings, including City Council meetings held the first and third Mondays of the month, Candidates Forum, Election coverage and swearing-in ceremonies bi-annually, and various additional meetings as selected by the Clerk of the Council and/or City Manager. Production services shall include all responsibility for graphics during the presentations, video roll-ins and all audio/visual needs. Additionally, Consultant shall provide technical assistance for city production crews and staff. In providing services, Consultant shall: 1) Serve as Video Producer for all council meetings and cable-casting events in council chambers. 2) Maintain open communications with city clerks' office for special needs or changes pertinent to the agenda for each council meeting. 3) Communicate and confirm with the cable administration office in Parks and Recreation regarding council meeting coverage and playback related to the city channel. Report of technical playback and council problems and remedies to the cable office. 4) Provide, hire and supervise all video production crew and staff which will include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator, in the future two of these positions could be consolidated into one person. ~) Schedule video production staff. Pre-arrange and notify crew of video productions and changes. 6) Control and operate Playback from City Hall, playback of bulletin board and of city council meeting replays. Hire a playback operator when necessary for council playback. 7) Provide for office administration and payroll for video production crew and playback. 8) Provide and be responsible for all production staff training and hands-on use of equipment for video crews. 9) Direct communication with City Council members and Clerk of the Council. 0) Review any needs or concerns related to production request: includes powerpoint, overheads, video roll-ins and presentations, review cueing system, proper use of microphones for Council. 1 1) Arrange for and design overall look and style ofproductions. 12) Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. Compensation for Video Engineering services shall not exceed $30.900 annually, as follows: 517,700 for first Monday meeting each Month. 513,200 for third Monday of the Month - if televised. This is flat rate amount regardless of duration of council meetings. Said fee includes all required crew and insurance required by City Hall. All invoices submitted shall be itemized. 25H-12 EXHIBIT D VIDEO ENGINEERING SERVICES Video Playback 24/7 Playback for CTV3 includes responsibility for playback of the City of Santa Ana's City Channel 3 (CTV3) television programs. Annual playback budget is $19,000 under the supervision of Senior Engineer, Tom Bystry, Video Engineering Services. Services provided pursuant to this Exhibit will be paid at a flat rate of $1,58333 per month. Annual $19,000 • Playback operator will input television programs into the computer server system for automation. This will include input from multiple formats of video sources including 3/4" videotape, ''/z" videotape, Dvd, and Scala Bulletin Board System and any other applicable formats. • New programs will be loaded and old programs removed from the server per scheduling Agreed between Consultant and City. • Playback will provide aweekly/monthly calendar of programs with titles and times to the CTV3 administration office for the monthly Parks, Recreation and Community Services board meetings. Programs and calendar are to be approved by city's cable television administrator in Parks and Recreation Department. Playback will assist in outreach and maintain outside programs such as Orange County Forum and Nasa programs to place in monthly program schedule as well as city programs including Talk About Town, Sports & Activities Scene, Santa Ana Now, City of Santa Ana Council Meetings and the State of the City Address. The City also receives the Orange County Board of Supervisors meetings and will continue to cablecast these on Saturday mornings at 8:OOam to assist the County. • Logs of Leightronix playback times will be kept in Playback Department and made available as needed to City Cable Administrator.. • Playback operator will. assist in organization of videotape library. • Playback operator will make dvd copies of requested show copies with labels. • Playback operator will be supervised by both the Senior Engineer and City Television Cable Administrator. • Work hours will be split between two partial work days as needed. 25H-13 EXHIBIT E BUDGET SUMMARY FOR CONSULTANT AGREEMENT (CONTRACT) Between The City of Santa Ana and Video Engineering Services (Thomas E. Bystry). Annual budget for Exhibit A Annual budget for Exhibit B Annual budget for Exhibit C Annual budget for Exhibit C (Contingency) Annual budget for Exhibit D $45,760 Base Engineer $4,000 Produce State of The City Address $17,700 First council meeting of month $13,200 Second council meeting of the month - iftelevised. $19,000 24/7 Playback of City Cable Channel. TOTAL ANNUAL AMOUNT APPROPRIATED FOR COMPLETE CONTRACT: $99.660 Consultant shall submit itemized monthly invoice detailing services provided and costs associated with those services. 25H-14 EXHIBIT F ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, 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, 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 a part of Named Insured Countersigned by Authorized Representative 25H-15 25H-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 T{TLE: AMENDMENT TO AGREEr~NT WITH VISIPHOR FOR MAINTENANCE AND SUPPORT OF BOOEtING SOFTWARE ~~ ~docation jst CLERK OF COUNCIL USE ONLY: ~~~~, , ~~ CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ implementing Resolution ^ Set Public Hearing For! CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Visiphor Corporation, for the annual software application maintenance and customer support of the Police Department's Automated Booking System. The term of the agreement will be extended for an additional one-year period in an amount not to exceed $56,000.00, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 15, 2006, the council approved the purchased the Visiphor Automated Booking System for the Police Department. The Visiphor Booking System enables sworn personnel to move arrestees through the booking process more efficiently and in turn, spend more time performing patrol functions. Approval of the recommended action provides for annual maintenance and support required for the system which can only be provided by the Visiphor Corporation due to proprietary licensing. FISCAL IMPACT Funds are available in the Police Department's Computer Services other Contractual Services account (11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ul M. W lters Chief of Police Police Department 251-1 ~C Francisco Gu ierrez Executive Director Finance & Mngmt. Services Agency SUPPORT AND MAINTENCE AGREEMENT THIS SUPPORT AND MAINTENANCE AGREEMENT is entered into on January 5, 2009, by and between, Visiphor Corporation, a corporation having its principal place of business located at 1100 - 4710 Kingsway, Burnaby BC Canada VSH 4M2 ("Visiphor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement #A-2006-169, dated June 15, 2006, (hereinafter "said Agreement") by which Visiphor provided software designed to enhance the retrieval of law enforcement records for use in jail and intelligence operations. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Customer Support Agreement by which Visiphor has supported and maintained the software and applications. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Pursuant to Section 3.1, CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS, warranty support commenced August 1, 2007 and continued through July 31, 2008. The parties desire to extend the customer support in accordance with the Customer Support Agreement, attached hereto and incorporated by this reference as Exhibit F. 2. The City agrees to pay and Visiphor agrees to accept, as total compensation for Visiphor's Software and Application Maintenance and Support services, an annual fee of $56,000 for the term from August 1, 2008 through July 31, 2009. /// /// /// /// 251-2 IN WITNESS WHEREOF, the parties hereto have executed this Support and Maintenance Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager VISIPHOR CORPORATION (NAME) (Title) Tax ID# 251-3 Ezhibit F Customer Support Agreement This Agreement made the OZ of August, 2007 BETWEEN Visiphor Corporation Suite 1100 - 4710 Kingsway Burnaby, British Columbia VSH 4M2 (hereinafter called "VISIPHOR") AND City of Santa Ana (hereinafter called "Customer") 251-4 Visiphor Corporation Customer Support Agreement WHEREAS The Customer is a user of certain VI5IPHOR software products and/or application programs including software provided pursuant to a Software License Agreement (the "Product") which is executed contemporaneously with this Customer Support Agreement and VISIPHOR has the experience and expertise necessary to enable it to provide support and maintenance services for the Product; and The Customer wishes to have VISIPHOR provide the support and maintenance services pursuant to the terms and conditions of this Agreement. NOW THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS AND INTERPRETATION In this Agreement, except as otherwise expressly provided or as the context otherwise requires, Acceptance means the date on which the Customer certifies the Deliverables accepted in accordance with the Santa Ana PD SOW, Exhibit A, or when the Customer first makes any productive use of the Deliverables, whichever occurs first. Acceptance Criteria means the noted criteria for acceptance of the Deliverables referred to in the Statement of Work Acceptance Period means the period within which to review the Deliverable and to notify VISIPHOR in writing of its acceptance or rejection based on the review results with respect to compliance to the Acceptance Criteria. Acceptance Testing means the testing conducted during the Acceptance Period to enable the Customer to determine whether to accept the Application Package Program or Services. It is performed to validate the APP or Services meet the noted Acceptance Criteria; Application Package Programs means the Product together with the Database. Business Rules means the procedures for the use of the Product in the manner and for the purpose of which VISIPHOR originally intended it, as reflected in its design and having regard to the business practices of Customer, both of which are established in system administration training provided by VISIPHOR. Custom Modification means, unless otherwise specifically varied herein, any changes or modifications made to the Application Package Programs by VISIPHOR (including, but not limited to, tables, columns, reports, interfaces to third party hardware or software, data conversion, screens and matching algorithms) exclusively for the Customer, as listed in Schedule A-1 (Section 17). Notwithstanding the above, any Custom Modification shall be approved in advance by the Customer. Any modification which is made for the purpose of maintaining the operability of the application package shall not be to the account of the Customer and only those modifications which are requested by and approved by the Customer shall be paid for by the Customer. Current Technology means the version of application utilized by VISIPHOR in its latest Product and Technological Release. Database means the Oracle® or Microsoft® Programs (as the case may be) licensed to Customer by Oracle® or Microsoft® for the purpose of using the Product. 251-5 Defect means a failure of the application to perform the designed functionality caused by an error in the application. Deliverables means the items specified in the Statement of Work to be provided by VISIPHOR including the Application Package Programs, Services, and Custom Services. Delivery Platform means a secondary computer environment that will functionally reflect the Production System and contain, at a minimum, a representative sample of current data and whereupon VISIPHOR shall install all Technological Releases, associated patches and Defect corrections; and which will be used by Customer for acceptance validation and regression testing (as appropriate) prior to promotion to the Production System. Documentation means user manuals, reference guides, training materials, release notes, on-line help and other materials in printed or electronic form, which facilitate use of the Product or Custom Modifications. First Level Support means providing first-line help services to end users of VISIPHOR software applications to determine whether reported issues relate to VISIPHOR software or third party hardware or applications not covered under the scope of this Agreement. Go Live means start up of production use of the Product. Migration Services means the services required (including, but not limited to, data conversion, installation, project management, training) by Customer to give full effect to any Technological Release provided hereunder. Production System means the computer operating system(s) and Application Package Programs used by Customer in the live processing of its data. Rules has the meaning ascribed to it in § 10.2. Specification means the statement of requirements to be satisfied by a product or service as noted in the Statement of Work. The Specification leads to the Acceptance Criteria, to be met during the Acceptance Testing during the Acceptance Period. Support means: (a) responding to inquiries concerning a reported Defect(s) in the Product; and (b) correction to problems diagnosed as Defects in the currently supported version of the Product or as updated through the term of this Agreement. In the resolution of Defects VISIPHOR may respond with a written response, CD ROM or diskette, supplementary documentation, a temporary means of circumventing the problem, or other correctional aids. Technological Release means: (a) technological improvements required to allow the Product to operate in conformance with Current Technology. Technological Releases do not include Migration Services. 2. SERVICES 2.1. The Customer shall provide First Level Support through its own Help Desk, or that of a designee or designees as outlined in Schedule A-2 of this Agreement. 2.2. VISIPHOR shall provide Support to the Customer by telephone, a-mail, facsimile, modem or an Internet connection (as appropriate). 251-6 2.3. VISIPHOR shall provide Technological Releases from time to time. 2.4. In the provision of Support, VISIPHOR shall adhere to the following response standards and at all times shall provide Support in accordance with the highest industry standards recognizing the public interest duties and responsibilities of the Customer: 2.4.1. SEVERITY LEVEL ONE Severity Level One Definition: The Application Package Programs are totally inoperative and the use of the Product for processing transactions or database seazches is not possible. Severity Level One Response Time: VISIPHOR shall respond by telephone to the Customer within twenty-four (24) business hours of initial notification to VISIPHOR. If the initial notification was not by telephone or not during VISIPHOR business hours, this response time shall start when Support personnel receive the notification. Severity Level One Resolution Time: VISIPHOR shall provide its best commercial efforts to initiate a resolution within forty-eight (48) business hours of the initial notification. Severity Level One Resolution: VISIPHOR shall provide a program correction, program patch or a procedure for Customer to bypass or work around the error condition in order to resume operations. If a bypass procedure is utilized, VISIPHOR shall continue error correction activity, on a high priority basis, until a program correction or patch is provided. 2.4.2. SEVERITY LEVEL TWO Severity Level Two Definition: Significant portions of the Application Package Programs are severely impaired to the extent that major functions are inoperative. Severity Level Two Response Time: VISIPHOR shall respond by telephone or electronic means to Customer within forty-eight (48) business hours of initial notification to VISIPHOR. If the initial notification was not by telephone or not during VISIPHOR business hours, this response time shall start when Support personnel receive the notification. Severity Level Two Resolution Time: VISIPHOR shall provide its best commercial efforts to initiate a resolution within ninety-six (96) business hours of initial notification to VISIPHOR. Severity Level Two Resolution: VISIPHOR will provide the Customer with a program correction, program patch or a procedure to bypass or work around the error condition in order to continue operations. If a 251-7 bypass procedure is utilized, VISIPHOR shall continue error correction activity until a program correction or program patch is provided. 2.4.3. SEVERITY LEVEL THREE Severity Level Three Definition: The Application Package Programs are impaired to the extent that some non-critical functions are not operating. Severity Level Three Response Time: VISIPHOR shall respond by telephone to Customer within seventy-two (72) business hours of initial notification to VISIPHOR. If the initial notification was not by telephone or not during VISIPHOR business hours, this response time shall start when the notification is received by Support personnel. Severity Level Three Resolution Time: VISIPHOR shall provide its best commercial efforts to initiate a resolution as soon as possible. In some cases, a resolution may be delivered as part of a technological update or release. Severity Level Three Resolution: VISIPHOR shall provide Technological Releases in the form of CD-ROM, diskette or electronic file transfer. 2.5. VISIPHOR shall endeavor to assist with all inquiries made to Support personnel. However, if the inquiry is not related to a problem with the Product, VISIPHOR shall be entitled to charge the Customer on a time and materials basis at the rates set forth in Schedule B (hereinafter "T&M"). In all circumstances, VISIPHOR shall advise the Customer in advance and shall receive prior approval from the Customer prior to charging for T&M on any matter. 3. COMPENSATION 3.1. For the Support provided pursuant to this Agreement and all other services related to the operation, maintenance and upgrades or customer modifications, the Customer shall pay VISIPHOR the annual fee specified in Section 3.1.1 and Section 3.1.2. (the "Fees"). 3.1.1. There is no annual fee for Support and Maintenance in Year 1. 3.1.2. The annual fee for in Year 2 will be $56,750. 3.1.2.1.1 Fees for additional years (Y3-Y6) will be capped at an annual increase of no more than 3%. 3.2. Customer shall have a right to off-set any and all payments in the event there is any breach of this Agreement by VISIPHOR. VISIPHOR shall invoice the Customer for the Fee annually in advance. All such invoices shall be payable within 30 days of the date of each such invoice. 251-8 3.3. The Fees for Support and any other products or services that may be provided hereunder are exclusive of any federal, state or provincial tariffs, duties or sales taxes, taxes which shall be paid by the Customer. 4. CUSTOMER RESPONSIBILITIES 4.1. Without cost to VISIPHOR, the Customer shall provide to VISIPHOR full co- operation and assistance to enable VISIPHOR to provide the Support Services contemplated hereby. In particular, and without limiting the generality of the foregoing, the Customer, or its designee, shall: 4.1.1. Designate Contacts Designate up to four (4) individuals from its MIS/IT department, or services provider (as the case may be). All Support calls must be channeled through the designated individual(s). The designated individual(s) are set out in Schedule A-2. 4.1.2. Provide Electronic Access to Production System Provide VISIPHOR with electronic access to the Production System. 4.1.3. Perform Administrative Duties Perform all Database and operating system(s) administrative duties, including regular logical and physical backups. 4.1.4. Supply Required Information Supply all pertinent data and information (including Database dumps, as requested). 4.1.5. Make Assistance Available Make available such employees, or designated service providers, of the Customer as VISIPHOR may reasonably request in relation to the Support. 4.1.6. Report Faults in a Timely Manner Report problems or faults within such time, on such forms and with such degrees of particularity as VISIPHOR may, from time to time, request. The current form to report problems is as set forth in Schedule A-3. 251-9 4.1.7. Authorize Emergency Access In the event of an emergency or crisis which is not the direct or indirect responsibility of VISIPHOR which is not a Severity Level 1 or severity level 2 event but which is at the specific request of the Customer, provide VISIPHOR with an electronic or other access to the production system for purposes of applying a database or data corruption fix on the understanding that, except for negligence on the part of VISIPHOR, VISIPHOR assumes no liability resulting from such emergency or crisis access; 4.1.8. Ensure Personnel are Trained Ensure that its personnel are fully trained in the use and operation of the Product or any Custom Modifications. 4.1.9. Use in Accordance with Business Rules Use the Product in accordance with the Business Rules. 4.2. Customer understands and agrees that all Defect corrections and Technological Releases and any related Database scripts should be promptly implemented in the Production System. The Customer acknowledges that its failure to so implement such Defect corrections and Technological Releases may render the Product unusable or non-conforming to Documentation. The Customer agrees to install and put into production use (a) corrections to Defects within thirty (30) days of delivery by VISIPHOR and, (b) Technological Release within such reasonable time as VISIPHOR and the Customer may agree. 4.3. In no event shall the Support Services be used as a source of training or a source of consulting. Misuse of the Support Services may result in direct billing, on a T&M basis, for any such training or consulting services. No such charges shall be applied until such time as VISIPHOR advises the Customer that it is in breach of this clause thereby giving the Customer the opportunity to cease such action. 4.4. Customer acknowledges and agrees that the administration and maintenance of all computer hazdware, communications equipment third party softwaze, cabling, peripherals and any other hazdwaze equipment necessary and required for the operation of the Product, shall be the exclusive obligation of the Customer. In particular, and without limiting the generality of the foregoing, VISIPHOR shall not be held responsible for the provision of any assistance (under the terms of this Agreement) required as a result of any: 4.4.1 Modification to System Environment modification, change or upgrade to any hazdwaze or software (other than any modification, change or upgrade made by VISIPHOR to the Application Package Programs); or 251-10 4.4.2. Damage by Accident or External Cause damage to the Application Package Programs by accident or other external cause, the fault or negligence of any party other than VISIPHOR, or use by Customer in other than its normal and customary manner; or 4.4.3. Unauthorized Modifications as a result of any unauthorized modification made by Customer or any party other than VISIPHOR, even if VISIPHOR has knowledge of the possibility of such potential loss or damage. If, as a result of one or more of the foregoing circumstances Customer requires assistance, VISIPHOR agrees to provide such assistance on a T&M basis. 5. TERM, DEFAULT AND TERMINATION 5.1. The term of this Customer Support Agreement commences Aug 1, 2007 ,and continues for a period of 12 months, ending July 31, 2008 VISIPHOR will offer subsequent renewals so long as Customer is not in breach of Section 4.2 and provided all sums and amounts due under Section 3 are paid when due. The Customer shall have a right on 90 days written notice to VISIPHOR to terminate this Agreement at any time during the initial term or any renewal term of this Agreement. Any fees paid in advance for a period of time subsequent to the termination date shall be considered non- refundable. 5.2. The Customer further reserves the right to terminate this Agreement without penalty or future liability at its fiscal yeaz end due to lack of appropriations. 5.3. If, after termination of this Agreement, Customer requests Support, VISIPHOR may agree to provide such Support and Customer shall pay for same forthwith on a T&M basis at VISIPHOR's then current rates. VISIPHOR shall provide an advance estimate of the T&M charges for any support to be provided at the request of the Customer. The Customer shall be obligated to pay no more than the estimate for such Support Services. 5.4. In the event that either party (the "Defaulting Party") shall neglect, fail or refuse to perform under any of the provisions of this Agreement, then the other party (the "Non-Defaulting Party") may deliver to the Defaulting Party notice of intention to terminate this Agreement which notice shall specify the alleged neglect, failure or refusal and, if within 30 days after the date of delivery of such notice, the Defaulting Party shall not have fully cured all the defaults indicated therein, or presented a plan acceptable to the Non Defaulting Party to cure such defaults, then upon expiration of such 30 days, the Non Defaulting Party may, at its option, elect to terminate this Agreement. Where the Defaulting Party commits a second breach of the Agreement, the Non-Defaulting Party shall have a right to terminate this Agreement on 7 days notice to the Non- Defaulting Party. Where the Customer terminates this Agreement pursuant to this paragraph, all advance payments by the Customer to cover services post the termination date shall be refunded to the Customer in full. 5.5. Notwithstanding Clause 5.4, if the Customer fails to pay VISIPHOR as required by this Agreement, VISIPHOR shall not be required to provide Support forthwith after delivery of 251-11 written notice to that effect to the Customer, and may pursue any other remedies which it may have at law or under this Agreement. 6. GENERAL TERMS 6.1. These Support Terms form part of and aze subject to the terms and conditions set out in the Agreement. 6.2. Support Restrictions: Nothing herein shall permit Customer to reverse engineer, disassemble or decompile the Product (or any portion thereof). In addition, it is expressly understood that Customer shall not amend, change or alter any application/module libraries, graphical user interface forms or database schema including, but not limited to, table structure, indexes, views, referential constraints or synonyms, without VISIPHOR' written permission. To the extent VISIPHOR permits Customer to modify, amend, change or alter any part of the Application Package Programs, VISIPHOR shall have no obligation to cure any Defects resulting from any such modification, amendment or change. 6.3. De-Support: In the event Customer is unable or unwilling to fulfill its obligations (Sec. 4.2) to maintain current versions of the Product on its Production System, VISIPHOR reserves the right to de-support such obsolete version(s) at the expiration of the current support year provided VISIPHOR has first given Customer not less than (60) days prior written notice of its intention to rely on this clause, in which case no further payments will be made by the Customer to VISIPHOR. 7. PRIORITY OF DOCUMENTS 7.1. If there is any conflict with or inconsistency between the documents listed below, then the following order of precedence will apply, from highest to lowest: (as applicable) (a) Software License Agreement; (b) Primary Agreement; (c) Customer Service Agreement; and (d) Softwaze Escrow Agreement. 8. NOTICES 8.1. All notices, requests, demands, or directions to any party to this Customer Support Agreement by another party hereto will be in writing and delivered or sent by registered mail, postage prepaid, addressed as follows: to: Visiphor Corporation Suite 1100 - 4710 Kingsway, Burnaby, British Columbia VSH 4M2 Attention: Chief Operating Oi~icer 251-12 to: City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Attention: Cmdr. K Gominsky or to such other address as may be stated by one party to the other in a notice given in the same manner herein provided. Any notice, request, demand, or direction given in such manner will be deemed effective upon receipt by the party to whom it is given or upon refusal to accept receipt documented by the delivering party. 9. ASSIGNMENT 9.1. Except for an assignment to an Affiliate of VISIPHOR, VISIPHOR will not assign this Customer Support Agreement without the prior written consent of the Customer. No permitted assignment to an Affiliate will be effective until: (a) the assignee Affiliate agrees in writing with the Customer to be bound by the terms and conditions of this Customer Support Agreement; and (b) the assignee Affiliate provides evidence satisfactory to the Customer that the assignee Affiliate and its directors, officers, employees and agents have obtained the necessary security checks and security clearances to enable it to perform the Services and to have access to the environment /system and/or any related data and information. Notwithstanding any assignment of this Customer Support Agreement as permitted by this Section, VISIPHOR will remain primarily responsible for the timely performance of all of its obligations hereunder. 10. ARBITRATION 10.1. If, at any time, there is a dispute, controversy or Claim (each a "Dispute") between the parties with respect to any matter arising out of or relating to this Agreement, then the party to the Dispute that wishes to initiate a resolution of the Dispute must give notice to the other party to the Dispute outlining the nature of the Dispute and the resolution proposed by the claimant and requiring that such Dispute be resolved pursuant to this Part 10. 10.2. If a Dispute is not resolved between the parties within 30 days (or such longer period as is agreed to in writing by the parties to the Dispute) after the date of the notice pursuant to §10.1, either party to the Dispute will be entitled to refer the Dispute to arbitration in accordance with the domestic arbitration rules of the British Columbia International Commercial Arbitration Centre (collectively, the "Rules") as modified by the provisions herein, within 30 days after such date. The Dispute will be submitted to one arbitrator in accordance with the Rules. 10.3. The arbitration will take place in English in Vancouver, British Columbia. 10.4. Each party will accept the award or decision of the arbitrator as final and binding and will diligently act in good faith to do all that is necessary or advisable to be done by it to implement the awazd or decision. 10.5. A party who commences a legal proceeding in respect of an issue or Dispute that may be arbitrated under this Agreement, (a) will cause the proceeding to be stayed until the time during which an arbitration may be initiated has expired or, if an arbitration is initiated, a decision or award by arbitration is delivered or the azbitration has otherwise ended, and 251-13 (b) will promptly discontinue the proceeding once the arbitrator's decision or award is given. li. GOVERNING LAW 11.1. This Customer Support Agreement will be governed, construed and interpreted by the laws of the Province of British Columbia. 12. AMENDMENT 12.1. No modification or amendment to this Customer Support Agreement may be made unless agreed to by the parties hereto in writing. 13. SEVERABILITY 13.1. The invalidity of any provisions of this Customer Support Agreement or any covenant herein contained on the part of any party will not affect the validity of any other provision or covenant hereto or herein contained. The parties will in good faith negotiate a mutually acceptable and enforceable substitute far any invalid provision or covenant, which substitute will be as consistent as possible with the original intent of the parties. 14. NON-WAIVER 14.1. The waiver or failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further right hereunder. 15. ENTIRE AGREEMENT 15.1. This Customer Support constitutes the entire agreement between the parties hereto with respect to the licensing of the Softwaze and supersede all prior letter of intent, arrangements, representations, warranties, statements, promises, information, arrangements and undertakings, whether oral or written, expressed or implied. 16. COUNTERPARTS 16.1 This Customer Support Agreement may be executed in counterparts, in original form or by facsimile, each of which will together, for all purposes, constitute one and the same instrument, binding on the parties, and each of which will together be deemed to be an original, notwithstanding that all of the parties are not signatories to the same counterpart. IN WITNESS WHEREOF the parties have executed this Agreement as of 2008. Visiphor Corporation City of Santa Ana By: By; Title: Title: Date: Date: 251-14 17. SCHEDULE A-1 17.1. Supported Software NAME Versi on NAME Versi on InForce Arrest and Bookin 2.0 Briyante Integration Environment BIE Visiphor FastBook Web A lication 18. SCHEDULE A-2 18.1. Support service is for the following periods (Sec 2.1): 24 hours per day 7 days per week 18.2. Designated Individuals for Customer Support (Sec. 4.1.1): NAME TELEPHONE E-MAIL ADDRESS Ron Gonzalves 714 -245-8099 RGonzalves ci.santa-ana.ca.us Jaime Manri uez 714-245-8104 JMan uez santa-ana.or Ken Gominsk 714-245-8040 KGominsk santa-ana.or 18.3. Designated Individuals for Authorizing Additional Expenditure (Sec. 2.5) NAME TITLE TE NE HO E-MAIL Ken Gominsky Cmdr. CIS 714-245- 8040 kgominsky@santa- ana.or 19. SCHEDULE A-3 19.1. The Customer may submit Incident Reports to VISIPHOR via the following channels: North America 800-667-2066 All Other Countries 250-383-9231 VISIPHOR Email Support : support~ci!visi~or.com On-line Technical Support, Case Submission, Knowledge Base & Documentation: 1_~ttp;/!~~ ~~ ~~ .vis~hor,com 251-15 19.2. When reporting incidents to VISIPHOR, the Customer must provide sufficient detail to enable the Technical Support Analyst to reproduce and diagnose the problem or difficulty, including revision level information, problem documentation and any media containing data. 19.3. Each incident reported to VISIPHOR should be properly defined to ensure timely acknowledgement of the support call. An incident is defined as a single support issue that cannot be broken down into subordinate problems. 19.4. Each Incident submitted to VISIPHOR shall contain the following information 19.4.1. Incident Information • Date of incident • User's Agency, Name and Contact Information • VISIPHOR Application Name, including version number • Location of server/workstation • Issue Details • Describe the nature of the issue • Is the issue sporadic, persistent, or is this the first time it has been experienced? • Describe how the issue impedes the user's ability to perform a specific business process (job function) • For a persistent issue, describe the steps that lead to the problem • Error Information (please provide screen captures, if possible) • What steps, if any, were taken by the user to recover from the incident? (E.g., Application restart, computer reboot, closing and reopening of module, etc.) 251-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: DONATION ACCEPTANCE OF EXERCISE EQUIPMENT ~ ,. . CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1`' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Put~lic Hearing For_ CONTINUED TO FILE NUMBER Authorize the acceptance of exercise equipment from Curves, Santa Ana West. DISCUSSION The Curves, Santa Ana West fitness facility is going out of business and would like to donate 21 pieces of gym equipment to the City of Santa Ana. Curves is specifically requesting that the equipment be provided for use by the female inmates that are being housed in the Santa Ana Jail. The exercise equipment will be placed in the recreation yard portion of the female module of the Jail. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walters Chief of Police Police Department 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: CONDITIONAL USE PERMIT NO. 2008-35 TO ALLOW AFTER HOURS OPERATION FOR THE GEISHA HOUSE RESTAURANT AT 2773 NORTH MAIN STREET - THE DOLCE GROUP, APPLICANT G'l.ta._..~.._._ _, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-35 as conditioned. PLANNING COMMISSION ACTION On November 24, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-35 as conditioned by a vote of 5:0 (Gartner absent) to allow after hours operation at The Geisha House Restaurant located at 2773 North Main Street in the Specific Development No. 59 (SD-59) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~ M. Trevino Executive Director Planning & Building Agency OS:rb os\Reports\Geisha House\After-hours\cup08-35 Geisha House after-hrs.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 24, 2008 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2008-35 TO ALLOW AFTER HOURS OPERATION FOR THE GEISHA HOUSE RESTAUR.AN'P AT 2773 NORTH MAIN STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Octavio Silva Executive Director Planning Manag RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-35 as conditioned. DISCUSSION Request of Applicant The Dolce Group is requesting approval of Conditional Use Permit No. 2008-35 to allow after hours operation at The Geisha House Restaurant located at 2773 North Main Street. Property Description The Geisha House restaurant will be located on a 17.7 acre mixed use site on the northeast corner of Main Street and Memory Lane. The parcel is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan designation of District Center (DC). Surrounding land uses include commercial to the north, office uses and Santiago Park to the south, the Main Place Mall to the west, and new residential condominiums as well as a senior housing complex to the east (Exhibits 1 and 2). Geisha House will occupy a 5,616 square foot two-story building and a 1,101 square foot outdoor patio dining area within the commercial component of the new City Place development (Exhibit 3). The proposed hours of operation for the restaurant and outdoor patio are 11:00 a.m. to 2:00 a.m., seven days a week. The nearby McCormick and Schmick's Seafood restaurant received Conditional Use Permit No. 2006-18 and currently operates until 2:00 a.m. EXHIBIT A 31 A-2 Conditional Use Permit No. 2008-35 November 24, 2008 Page 2 Project Description The Geisha House restaurant will be a sit-down eating establishment that offers Japanese cuisine to its customers in an upscale setting (Exhibits 4 and 5). The restaurant is operated by the Dolce Group, which has two additional Geisha House restaurants in the cities of Hollywood, California and Atlanta, Georgia. The applicant is also proposing to provide amplified music during dinner hours for their customers (Exhibit 6). DJ entertainment will be provided, Thursday through Saturday from 8:00 p.m. to 11:00 p.m. Further, the applicant is not requesting a dance permit as part of the restaurant operations. Similar to their Hollywood and Atlanta restaurant locations, the Dolce Group is also proposing to temporarily host special events within their Santa Ana site. Based on their Geisha House Hollywood location, the Dolce Group conducted 15 special events this year with a maximum of 150 attendees. The events included corporate mixers and dinner parties for companies such as Disney and Ad Monsters (Exhibit 7). These occasional events were invitational only and required the temporary closure of the restaurant. The Dolce Group anticipates similar events will be conducted at their Geisha House Santa Ana restaurant. The proposed events would be ancillary to the primary eating establishment and would be catered by restaurant staff and kitchen. Special events held at the Geisha House will require the closure of certain restaurant sections to the general public. Specifically, the Dolce Group anticipates that the outdoor patio and the restaurant's second floor will be used to host special events. The Geisha House restaurant offers patrons a variety of sitting options, which include bar and lounge seating, indoor and outdoor dining and reservation rooms. The two reservation rooms are located on the first and second floor of the restaurant and are available for group dining. The reservation rooms are both under 160 square feet and are partially enclosed. The second floor reservation room is enclosed by glass doors and walls. A total of 53 tables, 16 booths and 8 lounge sofas are proposed to be distributed throughout the first floor and open patio of the restaurant. Alcohol consumption is proposed within the 1,101 square foot exterior patio area. Additional seating includes 15 tables on the restaurant's second story. On November 5, 2008, the Geisha House restaurant obtained Zoning Administrator approval for Conditional Use Permit No. 2008-32 allowing a Type 47 ABC license for the on-premise sale of alcoholic beverages to 31 A-3 Conditional Use Permit No. 2008-35 November 24, 2008 Page 3 customers. The after hours operation is intended to provide a service ancillary to the primary restaurant use. The additional hours of operation will provide patrons with additional hours of service and will attract late dining patrons. Analysis of the Issues The applicant is requesting to extend their business hours until 2:00 a.m. seven days a week. The subject property is located within the Specific Development No. 59 (SD-59) zoning district or the development commonly known as City Place. The request for after hour operations requires a conditional use permit for restaurants that are open between the hours of 12:00 a.m. and 5:00 a.m. City Place is a mixed-use development that was envisioned as a mixture of commercial and residential uses. The project was designed as a place where residents could conveniently walk to shopping and dining designations. The after hour operations request helps to accomplish the goal of a true mixed-use project by providing patrons with a variety of dining opportunities. The surrounding land uses adjacent to the eating establishment are commercial uses with the exception of Santiago Park and the adjoining residential uses on the same development site. The extended hours of operation should not impact the residences as the restaurant building is separated by a surface parking lot. Additionally, the outdoor dining patio is located at the intersection of Main Street and Memory Lane, which is the furthest point away from the residential component of the City Place development. Additionally, staff has recommended conditions of approval that would minimize potential noise impacts to the surrounding residential and commercial uses. The Planning Division and Police Department have reviewed the application for potential concerns related to the after hour operations request. The area of 2773 North Main Street is located within reporting district No. 181, which ranks 94th out of 102 citywide districts in total number of police-related incidents. In order to minimize the potential impacts associated with after hour operations at the proposed restaurant location, conditions of approval for the project are recommended. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent residences and surrounding area. Additionally, the Geisha House restaurant will provide a complete level of staffing during the operating hours of the restaurant. The restaurant staff will act as a deterrent in reducing the potential of negative activity by being located on-site during all business operating hours. 31 A-4 Conditional Use Permit No. 2008-35 November 24, 2008 Page 4 Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and as a commercial corridor. This site is located on a major arterial street and the subject property's proximity near the Interstate 5 freeway promotes the City of Santa Ana as a regional shopping destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-35 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-177 will be filed for this project. e ' avio Silva Assistant Planner I OS:jm os\Reports\Geisha House\After-hours\cup08-35 Geisha House after-hrs.pc 31 A-5 C i t y G l O r a n g e UVETA AV. O >~.~. •. 22 FREEWAY R D N,p\N PULE DR. Cz- Ri RD II m R TOWNBCIXIMRY RO. / ~~. s C2-HD II ~ ~ ^~ A9 0 ~ ^' M ~ 5 ~ R1 7za / ~ ~- R1 R1 R1 SD-77 ~F~ PRV~JEV 1 ;; ~~`~ 1 -- o~ R A~~~e. ~ SD-59 R4 9` SITE - `~° ~' ° ~'- ~ ~ ~ D ~P'~`~ ^~ R4 ~ R1 1: - Al GV P~-11CA ~ ~ ~~ R1 MEMORY LN. LL MAIN PLACE DR. MEMOgv LN. ° Al EO- sD- ~ ~ ai- R4 Rl a 65 `30 ~ 1` isoo 7200 LN. R1 PR1 g P~ ~ SD-31 R1 R1 I saA,.rsoo PARK R Ri VIR INIA Ai ~ R1 Y. + I GINIA AV Al R1 R1 R1 8 SD-65 R1 P R1 ~ R1 R1 R1 Ri R1 R1 ANA RN ~ R1 R1 Ri R1 ND w Ri ! Rl cN Rv T Rl 3 Ri r 5 R1 R1 R1 R1 o C5- C R1 LL HDII R1 R1 w R1 R1 R1 a E°" R1 R1 ~ R1 R1 eaxoaxv R1 ~`' 2xz'~ lP-Non I.ixa~ R.I aV -- - - ~ R2 I "^_~ R2 i 2fl2 ~ Ri % i P zo s Ci- I - -- - - R2 ~ R1 RG R1 T PS' ~MD RD I Ri R1 R2 ° ~., NI.,' „ R1 R1 R1 R1 R1 a ~ ~ ~- R2~F a R1 y Cl- R1 R2 Rz o R1 ~ e s T P MD Po I ~ s ~ R1 ~ R1 Rl R1 w Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CUP 08-35 ~ GEISHA HOUSE ~ 2773 NORTH MAIN STREEET - - =500 FEET 1" = 1000 FEET P L A N N I N G A__N D B U I L D I N G A G E N C Y VICINITY MAP 3~'~'~T , I C i t y o { O r a n g e ~+ ~JJ ~- C O M M E R C I A L ~ ~ - (n R E S 1 D E N T 1 A L ~ U Q g ~ ~ t~M ~5 ~t~5~; Z -~+,~, t i ~ ~~~ , , ° t ' ' ~ ~t! n 3~ i ~t3j ~^° ~'^ i ~~ i a ,. W '~ ~ 3 ~ ~ ~ ti ~t ~ ~ iL r ~ d + y s - i„ -a' t Si>1. y 3. v'i'i!-3 .~ ~ ~:, 'R 1 ,. _.~ [n~ Sc E~N . l Y K ~?- r ~' W ai f i- 5 ~ ~ r, . ~~.~,.,~ .4 a , ; yr ~ ~~~ ~ t _~~, a .,R Z.~. 2 f 4 -~ ~t OFFICE C~ 1 ~ ~' ~ aFT> PN ,.~ L PARK MEMORY OFF 1 C E O F F 1 C E P~~ ER PN P ~q P SP ~ CUP 08-35 GEISHA HOUSE ~~ 2773 NORTH MAIN STREEET ~" P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~HI$,IT 2 EXHIBIT 3 L7W J9~ £Z£ 'Kl ~f2006'q q~V cal 97IW7!`'fZf 'Nl . PNp POO~Mpy1K9 ` kk ~ 'viNyp~prJ yrH V1MF'15 Nrm'N £[1Z ~~~ 3 Mf7d HOO~d 4NZ 321OW 31NNOl .7f~11 1[iY10 I II III ' vNr vixvs VuSl39 a~ ~+ ~ z g a ~- - l O LL l 1 ~ . Nly I I 1 O I r I ~ ~ ~ ~i ~t- 1 I z ~ 9~ f ~ ~ ~~ ~ ` __~ X ~€ ` i ` ` I R aid ~ ~__ I ~n . c ,, I . ~ i t w : z ` I °~ ., ,, ` ,~'` . ~ ` I ~ `~ yge° ~i ~~- ~ ~~' ~ \ § ~ e r ~ ~ ~ .e v <-o Q ~ --- -- t- - ------ m -- - b -r- : r, o .. ,,,y l p ~ f Z w ~ l ~` ® o . ~ ' \\ a ~~4 1 1 l ~~ J ~1 ~ ~ ~ . s y ,;° l i ; i °~ 1 W i ., ~ ~ > I 1 !~ ~~ m 0 . ~. Y ~~- L I ` O 1 1 1 ~~ ~' 1 o 1\~ 1----= I I 1 ~ ~ -~ ~ ---d • 1 ~~ _;, 1 r" ~ a 1 l - N .s.~ l ~ ~` 3 ~ Q CUP 08-35 `~ Q EXHIBIT 5 August 25, 2008 To Whom It May Concern: Geisha House, to be located at 2773 N. Main Street, Santa Ana, California, 92706, will be open 7 days a week for lunch and dinner, beginning at 11AM and concluding no later than 2AM on any night. Geisha House is atable-service restaurant serving both freshly prepared sushi and cooked Japanese food, in addition to a full selection of beer, wine, sake, and hard liquor. Food and drinks are served in all areas of the restaurant: the lounge, upstairs and downstairs main-dining rooms, and the enclosed outdoor patio. The area designated on the floor plan as a "private room" will be used for regular reservations and walk-in customers, not for banquet service. The room is not completely separated from the rest of the restaurant (it is visible) and only contains one people seating up to approximately 12 people. We would like to have the option to bring in a DJ who will play music for dinner customers, as we do in our Hollywood and Atlanta locations of this same restaurant. Typically, DJs in our operations play Thursdays through Saturdays from 8-11PM, although there maybe some exceptions to this rule. The music spans a number of genres including ambient lounge music all the way through 80's and classic rock. The facility maybe closed to the public from time to time for private special events (such as corporate parties, social mixers, etc.) and/or movie and TV show filming inside the restaurant. Please feel free to contact me should you have any other questions regarding our operation. Regards, Lonnie Moore Managing Member CUP 08-35 EXHIBIT 6 l of 2 6633 Hollywood Boulevard Hol~~~el 323.460.6155 Far 323.460.2344 uti . lc ro c m 0S/28/2008 13:06 3234668067 DAVID MAMAN DESING PAGE 02 August 27, 2008 To Whom It May Concern: The moms / spaces comprising the Geisha House in Santa Ana are as follows: FIRST FLOOR MAIN DINING ROOlVI The main dining room will include freestanding tables as well as booth/Banquette seating and a frill service sushi bar. The entire food menu and full alcohol mettu (beer, wine, sake, and h;~rd liquor) will be served in all areas of this room. No dancing will be allowed. FIRST' I+~LOOR BA.R AND LOUNGE 't'his acea includes barstool seating as woll as lower lounge and easy chair style se,~ts adjacent to cocktail tables. The enl:ire food menu and full alcohol menu (beer, wine, sake, an~i hard liquor) will be served in elf areas of this room. No dancing will be allowed. SECOND )FLOOR MAIN AlN>(NG ROOM The second Floor main dininb room includes Freestanding tables overlooking the fiirsi filoor:~.s v~rell as limited banquette seating- The entire food menu and full alcohol mcnt~ (beer, urine, sake, and Itard liquor) will bo served in all areas oi'this room. No dancing will be ,allowed. SECOND FLOOR SEMI-PRIVA'~ DINING ROOM The second floor semi-private dining room includes one freestanding table scatitt8; appmxirnat~;ly twelve people. 't'lio entire food menu and Full alcohol menu (beer, wine, sake, and hard iiqu~~r} will be solved in all areas of this room. No dancing will be allowed- PATIO The restaurant's outdoor patio features additional frccstaitding and booth/banqued~e style seating. The entire food menu trod full alcohol menu (beer, wine, sake, and hard liquor) will be servEd in all areas of this room. No dancing will be allowed. Ploase lot mo know ifyou have any further questions about the facility and its use;. Regards, Lonnie Moore Managing Mcmbcr 31 ~~12 August 25, 2008 Octavio Silva Planning and Building Agency, M-20 City of Santa Ana Santa Ana, CA 92702 Dear Octavio, Per your request, please find enclosed a sample list of private events that were held at Geisha House in Hollywood, CA for use in evaluating our usage requests for the new Santa Ana location. In addition, our proposed hours of operation for the outdoor patio seating area are the same as the restaurant's indoor space -seven days per week from 11AM to 2AM. Please feel free to contact me should you have any other questions regarding our operation. Regards, ___~~~ David Jarrett CUP 08-35 EXHIBIT 7 1 of 2 6633 Hollywood Boulevard Hol~yq~d, f A 9~1 323.460.6155 Fax 323.460.2344 Geisha House Hollywood - 2008 Special Events EVENT DATE # OF PPL Dr. Alex Marmureanu Dinner 3/7/08 35 Ad Monsters Dinner 3/18/08 34 Sherry Corday Party 3/15/08 100 H & M Store O ening 3/22/08 30 NY Rescue Worker's Foundation 3/27/08 120 Todd DeStefano Engagement Party 5/26/08 115 La Maison Du Soleil 7/2/08 30 Emily's Goin Away 8/1/08 60 DesiYou Company Mixer 8/5/08 150 Josh Mancini Mixer 8/18/08 60 Garrett Graham Dinner 9/5/08 40 Delta Chi Fraternity USC Invite 9/11/08 150 Disney Dinner 9/25/08 75 Ka pa Delta Sorority Invite 9/28/08 100 Interwoven Party 11/10/08 _ 25 3°12A-14 ROH - 11/24/08 RESOLUTION NO. 2008-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-35 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 2773 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2008-35 to operate a restaurant between the hours of 11:00 a.m. to 2:00 a.m., seven days a week, for the property located at 2773 North Main Street. B. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. C. On November 24, 2008, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2008-35. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after hours license will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the restaurant will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after hour license at the Geisha House restaurant will not be detrimental to persons residing or Resolution No. 2008-25 31 A-15 Page 1 of 7 working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the existing sit-down eating establishment. Additionally, the residential and mixed use components of the development are separated from the restaurant by an existing surface parking lot. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial multi-tenant development that is suitable for the proposed use. The additional hours of operation for the Geisha House will increase the patronage to the restaurant, thereby enhancing the profitability of the business and economic stability of the area. The project site is located in a commercial area near the Westfield Mall and helps to further emphasize North Main Street as a commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant with an after hours conditional use permit pursuant to Specific Development No. 59 and Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use designation which emphasizes the area as a major commercial corridor for the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2008-177 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2008-35 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This Resolution No. 2008-25 31 A-16 Page 2 of 7 decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 24, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of November, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Mill, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2008-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 24, 2008. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2008-25 31 A-17 Page 3 of 7 Conditions for Approval of Conditional Use Permit No. 2008-35 Should Conditional Use Permit No. 2008-35 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08- 63). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The hours of operation for the facility shall not exceed past 2:00 a.m., seven days a week. 4. All special events hosted by the restaurant must be catered by the on-site Geisha House kitchen and staff. B. Police Department 1. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. Full menus and food service shall be available in the lounge area and at the counter/bars during all operational hours. 3. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. Resolution No. 2008-25 31 A-18 Page 4 of 7 NOVEMBER 24, 2008 PAGE2OF3 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City if requested. 5. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 6. The establishment shall not be operated as a public premises. 7. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 8. There shall be a server assigned to the patio area at all times that the service and consumption of alcoholic beverages is available. 9. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. It shall be applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s), with the exception of the enclosed patio area. 11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 12. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. 14. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 15. Live entertainment and amplified music are prohibited on the premises at any time, with the exception of the proposed DJ. Resolution No. 2008-25 31 A-19 Page 5 of 7 NOVEMBER 24, 2008 PAGE3OF3 16. There shall be no public dancing on the premises. 17. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 2:00 a.m. 19. This land use authorization is only for a Type 47 on-sale general, public eating-place, any other license use at this location will require a new land use clearance. 20. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 21. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 20 must be complied with. 22. Applicant is required to provide Police Department approved armed robbery prevention training annually to all of their restaurant employees. 23. Window displays and racks must be kept to a maximum height of three feet including merchandise. 24. Atimed-access cash controller or drop safe must be installed. 25. Install a silent armed robbery alarm. 26. The applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, donation, or any other form of admission charge, including minimum drink orders, or the sale of drinks. The dressing room indicated on the plans shall only be used by food service personnel employed by the establishment. Resolution No. 2008-25 31 A-20 Page 6 of 7 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoing document described as Resolution No. 2008-25 (Conditional Use Permif No. 2008-35) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: David Jarrett Geisha Santa Ana LLC 6633 West Hollywood Boulevard Los Angeles, CA 90028 Main Street Concourse LLC 2677 North Main Street Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-25 31 A-2 ~ Page 7 of 7 31 A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: VARIANCE NO. 2008-20 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR QWIK KORNER BREAKFAST HOAGY SUBS AT 3960 SOUTH MAIN STREET, UNIT C - NADIR SHOUNIA, APPLICANT ~p (/`~`` ~6 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-20 as conditioned. PLANNING COMMISSION ACTION On December 8, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-20 as conditioned by a vote of 4:0 (Leo, Mill absent) to allow a five parking space reduction in the required parking for Qwik Korner Breakfast Hoagy Subs at 3960 South Main Street, Unit C in the Arterial Commercial (C5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~~---~ Jay M. Trevino Executive Director Planning & Building Agency LL:rb 11\reports\pc&za\va06-20 Qwik Korner.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2008 TITLE: PUBLIC HEARING - FILED BY NADIR SHOUNIA FOR VARIANCE NO. 2008-20 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR QWIK KORNER BREAKFAST HOAGY SUBS AT 3960 SOUTH MAIN STREET, UNIT C PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus Executive Director RECOMMENDED ACTION Planning Mana r Adopt a resolution approving Variance No. 2008-20 as conditioned. DISCUSSION Request of Applicant Nadir Shounia, owner of the Qwik Korner Center, is requesting approval of a variance from the Santa Ana Municipal Code (SANG) to allow a five parking space reduction in the required parking to allow for the establishment of a sandwich shop within a multi-tenant retail building at 3960 South Main Street, Unit C. Property Description The project site is located at the northwest corner of Main Street and Sunflower Avenue. The site is fully developed with a 5,244 square foot multi-tenant retail center on a 22,200 square foot lot. A total of 26 parking spaces have been provided for the site based on a retail parking demand of one space per 200 square feet of gross floor area. The retail building, divided into four tenant spaces, currently contains two tenants. Qwik Korner Deli/Grocery, which occupies Unit D, is a 2,202 square foot grocery and liquor store with a 200 square foot deli counter. Javatinis Coffee Lounge, which occupies Unit A, is a 994 square foot coffee house. The zoning designation for the site is Arterial Commercial (C5), which is consistent with the General Plan land use designation of General Commercial (GC) Surrounding land uses include single-family dwellings to the north and west, agricultural land in the City of Costa Mesa to the south, and light industrial uses to the east (Exhibits 1 and 2). ~~'~B12A Variance No.2008-20 December 8, 2008 Page 2 Project Description The owner of Qwik Korner Deli/Grocery is proposing to relocate the delicatessen operations located within the existing market (Unit D) to the adjacent 1,018 square foot Unit C. The area vacated by the delicatessen, which is approximately 200 square feet, will be used for additional groceries and refrigerated coolers for soft drinks and water. The relocated Qwik Korner Breakfast Hoagy Subs will provide approximately 400 square feet of customer area and contain seating for about 15 patrons. The sandwich shop will continue to provide the same menu it currently offers and will operate from 5:30 a.m. to 9:00 p.m., seven days a week (Exhibit 3). Analysis of the Issues The applicant is requesting approval of a variance from Section 41-1341 of the SAMC to allow a reduction in required parking so that an existing vacant tenant space can be converted from retail use to a restaurant use. Section 41-1340 through 41-1360 of the SAMC outlines the City's off-street parking requirement for commercial land uses. Per Section 41-1340, five parking spaces are required for each 1,000 square feet of retail use. Additionally Section 41-1341 requires 10 parking spaces for every 1,000 gross square feet of restaurant use. The building, completed in late 2005, was originally parked to only accommodate retail uses. Pursuant to Section 41-1309 of the SAMC, the deli was not parked at the restaurant rate as the use was determined to be ancillary to the market. The deli occupies less than 10 percent of the market area and there is no seating provided for patrons within the market. In 2006, the Planning Commission approved Minor Exception No. 2006-06. This was a request to allow a 16 percent reduction (five spaces) in required parking to allow the establishment of Javatinis Coffee Lounge in Unit A. The minor exception process allows for a parking reduction of up to 20 percent based on the demonstration that the center with mixed uses will have no conflict in sharing the existing parking stalls. A shared parking analysis, prepared by a local traffic engineering firm, determined that sufficient parking would be provided for the project and that the projected parking demand would not exceed the 26 spaces provided on the premises. The applicant is proposing to relocate the deli operations to the adjacent vacant unit. As the primary use of the unit, the City's parking rate of 10 spaces per thousand square feet for restaurant use 31 B-3 Variance No.2008-20 December 8, 2008 Page 3 would apply, resulting in a required parking demand of 31 spaces. Since the center currently provides 26 parking spaces, there is a deficiency of five parking spaces, which is equivalent to a 16 percent parking reduction. The current request for an additional 16 percent reduction in parking brings the total reduction of parking on the site to 32 percent, therefore requiring a variance. The SAMC provides the ability to vary from the strict application of the code when a situation exists that "because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of 'the provisions of this chapter" [SANG Section 41-41- 638 (2) (i) ] . The Qwik Korner Deli/Market has been operating at this location for more than 25 years and has an established patronage. While the applicant is hoping for a modest increase in patronage at breakfast time, he does not expect that the relocated delicatessen will result in an increase in patronage during the lunch time peak period and thus, will not require additional parking during the lunch time peak period. To analyze this scenario, a parking study was prepared by Kimley-Horn and Associates, Inc., a traffic engineering firm, to document the existing parking demand at the retail center. Based on the parking demand counts, the peak hours for the center were during the lunch time hours. The parking demand in the center varied from 13 to 22 vehicles during the hours of 12:00 p.m. and 1:30 p.m. signifying a large turnover in parking. For the remaining hours, there were no more than 12 vehicles in the retail center lot. However, because variances run with the land, it is possible that this unit may transition to another restaurant use in the future. To affirm the parking demand for the retail center, a shared parking analysis using the Urban Land Institute (ULI) shared parking mode was also prepared. The ULI shared parking methodology establishes the stand alone peak parking requirements for the various uses on the site, then applies a percentage to the peak requirement for each use, for each hour of the day between 6:00 a.m. and midnight, reflecting the fact that the parking demand for each use varies throughout the course of the day. Using the City's parking requirements for general retail and food uses, and taking in consideration the vacant retail space, the ULI parking model indicates that the center would required 24 parking spaces (Exhibit 4). 31 B-4 Variance No.2008-20 December 8, 2008 Page 4 In summary, the issuance of a variance will allow the relocation of the delicatessen to a unit which has remained vacant since 2005, benefiting the community by providing an increased level of service to the individuals who live and work in the area, while providing sufficient parking for all the users on site. Therefore, staff recommends approval of Variance No. 2008-20 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15305), the project is exempt from further review. This Class 5 exemption allows minor alterations in land use that do not result in any changes in the land use or density. Categorical Exemption Environmental Review No. 2008-124 will be filed for this project. Luc innaus Sen' r Planner LL:jm 11\reports\pc&za\va08-20 Qwik Korner.pc Vincent Freg so, ICP Principal Planner 31 B-5 Al GENEFIALAGRICULTURAL CR COMMERCIAL RESIDENTIAL Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL VA 08-20 ~ QWIK KORNER DELI ~,, 3960 SOUTH MAIN STREET, UNIT C - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3E'~`~B~ , ~~~\P~ ti 0 w 5 ~ o ~y PP ~\P w LIGHT INDUSTRIAL ~ ~ W > FP y~0 ~ = H ~P P Z Q W ~~ ~~ P.~~ W ~ STEVENS AV. g 0 ~ 5~ PP0 0 J ? \ J Z STEVENS ~P~ Q ~~~~'~ PRC3JECT ~ SITE Z ~ SIN LE FAM LY RESI ENT/AL QQ ~ ~~.~.~~~~~~~~~~ G O SUNFLOWER AVENUE 1 Z . ._ c~ C i t y o/ C o s t a M e s a ~U ~ J ~~ ~` ly VA 08-20 QWIK KORNER DELI ~, - 3960 SOUTH MAIN STREET, UNIT C P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~I'~~~ 2 13RW Mp1 Yi~b01 O ~ '~A~ IMF .. ~ ; ~ ! ~ ~ • ~W dose No1Mar+vs ~sNaa~ ~~n© °° o wr.w ~,ww '~~ 1 ~ t . o ~'}. ~ a~ !~ 5 y~ Yy~}~1 a~ a'~^ ~ ' ap ~[ ,q= I~ ~ kY30 34 "~~~ o fa ~;~ „~ stir; ~ >_ ~~#3g"6 ~~ i o ~~ W~ 48:~q ~F W'Y~ ~yb~~ ~ ~ ~~ ,~ ~ ~~~~~~4. III ~~ __ I.. ~~~ i;~ I! i~ ~~ a,..~ ~, u. ~i <' rc e- a• u ~ ~~E ~ ~~~~ ~ Z ~~ w a ~ ~ $ x~ ~ ~ W 3S ° J ~ d " S k~ ~ ~ ~ J W ~ y =g 4 n ~ ~ -o by ~ ~ ~ _ ~ ~}~ ~ ~ U 3 ~ ~ ~ u ~~ ~ ~ ~ ~ o o r* 3 ~ ar ~: N i1 F a s a s $ Z W ! ; ~ ~ x y titi y ~y F ~ 2 g{ ~~3 ~C ~g'a~~J ~ e n 6 o F ~ y ~~ c f ~~~ ~~~ E ~ ~~ ~' ~ ~ .~ ~~~ ;~ ~ ~ 4 3 e~B ~ ~_YY ~i~~1E:~~~Z~1 ~, ~ $ .~ g y Q~ 1n11 Y ~ q PARKING STUDY QWIK KORNER RETAIL CENTER AT SUNFLOWER AVENUE AND MAIN STREET IN THE CITY OF SANTA ANA Prepared for: Nadir and Terri Shounia Qwik Korner Retail Center 3960 S. Main Street Santa Ana, CA 92707 Prepared by: Kimley-Horn and Associates, Inc. 765 The City Drive Suite 400 Orange, California 92868 September, 2008 ~'T I T~1 ~. Parking Study for Qwik Korner Retail Center at Sunflower Avenue and Main Street in the City of Santa Ana Prepared for: Nadir and Terri Shounia September 2008 ® Kimley-Horn and Associates, Inc. 31 B-10 PARKING STUDY FOR QWIK KORNER RETAIL CENTER LOCATED AT SUNFLOWER AVENUE AND MAIN STREET IN THE CITY OF SANTA ANA EXECUTIVE SUMMARY • The Qwik Korner Retail Center is located on the northwest corner of Sunflower Avenue and Main Street in the City of Santa Ana. The existing Qwik Korner market is 2,202 squaze feet. The adjacent vacant suite is 1;018 square feet. Javatinis coffee house occupies 994 square feet of the center and there is one vacant suite of 1,002 square feet. • The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers. • The City of Santa Ana Planning Department has requested that a parking study be conducted to 1) document the existing parking demand at the retail center and 2) to conduct a parking analysis using the Urban Land Institute (ULI) shared parking model • The site provides 26 parking spaces. Based on City of Santa Ana parking code, the retail center would be required to have 31 parking spaces taking into consideration the relocation of the delicatessen to the adjacent suite. The ULI shared parking model indicates that the center would require 24 parking spaces, taking into consideration the relocation of the delicatessen to the adjacent suite. • Parking demand counts were collected at the retail center on Thursday, March 20, 2008 and Monday, April 14, 2008.. The parking counts indicate that that on Thursday, March 20, the highest number of vehicles parked in the retail center was 20 vehicles between 12:30 PM and 1:00 PM. On Monday, April 14, the highest number of vehicles parked in the retail center was 22 vehicles at 12:39 PM. • The observer on March 20 noted that, at the peak time, approximately 15 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Likewise, on April 14, the observer noted that, at the peak time, approximately 17 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Based on the observations, the parking demand of 22 spaces lasted for a very short period of time - one minute during the lunchtime peak on a weekday. The remaining parking supply of 4 spaces would be available for the fourth suite of the center, which is currently vacant. During all other times of the day, the 26 parking spaces provided on the site would be adequate to serve the existing and proposed uses in the center, including the relocated delicatessen and the currently vacant retail space. The applicant does not expect that moving the existing delicatessen to the adjacent suite would result in an increase in patronage during the lunch time peak period and thus, would not require an additional parking supply during the lunch time peak period It is expected that the same patrons would continue to visit the delicatessen and that any trips between the delicatessen and the market would be walk trips. Parking Study for Qwik Korner Retail Center w ~ ~ _ ~ ~ September, 2008 TABLE OF CONTENTS Page EXECUTIVE SUMMARY ..............................:......................:........................................................................ i INTRODUCTION ............................................................................................................................................. 1 SITE DESCRIPTION ........................................................................................................................................ 1 ................................................ 1 REQUIRED PARKING BASED ON CITY CODE .............................. ULI SHARED PARKING ANALYSIS ...................................................................................................... 1 PARKING DATA COLLECTION ............................................................................................•------........... 3 EVALUATION OF PARKING DATA ...................................................................................................... 3 CONCLUSION .................................................................................................................................................. 6 LIST OF FIGURES Page Figure 1-Site Plan .................................:......................................................................................................... 2 LIST OF TABLES Page Table 1- Summary of Parking Data Collection at Qwik Korner Retail Center in Santa Ana, CA for Thursday, March 20, 2008 ..................:............................................... 4 Table 2 - Summary of Parking Data Collection at Qwik Korner Retail Center in Santa Ana, CA for Monday, Apri114, 2008 ........................................................................ 5 APPENDICES • ULI Shared Parking Tables • Parking Count Data Collection 31 B-1'2 INTRODUCTION The Qwik Korner Retail Center is located on the northwest corner of Sunflower Avenue and Main Street in the City of Santa Ana. Qwik Korner consists of grocery, alcoholic beverage sales, convenience and delicatessen uses where made-to-order sandwiches and lunch items can be ordered and taken out or consumed on-site. The existing Qwik Korner market is 2,202 square feet. The adjacent suite is 1,018 square feet. Javatinis coffee house occupies 994 square feet of the center and there is one vacant suite of 1,002 square feet. The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers.A site plan for the center is provided on Figure 1. The City of Santa Ana Plannin~a Department has requested that a parking study be conducted to 1) document the existing parking demand at the retail center and 2) to conduct a parking analysis using the Urban Land Institute (ULI) shared parking model. SITE DESCRIPTION The retail center is approximately 5,200 square feet. There are currently 26 parking spaces in the retail center parking lot. The streets surrounding the site are Main Street on the east and Sunflower Avenue on the south. Vehicular access to the site is provided via one driveway on Main Street and one driveway on Sunflower Avenue. Both driveways are restricted to right turns in and out only as there are raised median dividers on Sunflower Avenue and Main Street. REQUIRED PARKING BASED ON CITY CODE The City of Santa Ana stipulates that the parking for a development be based on City of Santa Ana parking code. The City's parking code for general retail uses is 5 parking spaces per thousand square feet (KSF). The Qwik Korner retail center was approved with a parking ratio of S spaces per KSF. In 2006, the applicant applied to the City to allow an independent coffee house (Javatinis) to locate in the center. The City's parking code for food uses is ZO parking spaces per KSF. In September 2006, Kimley-Horn and Associates, Inc. performed a parking study at the request of the applicant to document the parking rate for an independent coffee house . It was found that an independent coffee house would have a parking rate within the city's code of 5 parking spaces per KSF. Based on the September 2006 study, the applicant was approved to have an independent coffee house at a rate of 5 parking spaces per KSF. The applicant now is asking the City for consideration to relocate the existing delicatessen from the Qwik Korner market to an adjacent 1,018 square-foot suite. The City's parking code of 10 spaces per KSF would apply to this food use. Considering the allocated square footage for general retail uses (4,198 square feet) and 1,018 square feet for a delicatessen, the required parking per city code would be 31 parking spaces. The center currently provides 26 parking spaces. ULI SHARED PARKING ANALYSIS The ULI Shared Parking methodology establishes the stand-alone peak parking requirements for various uses, then applies a percentage to the peak requirement for each use, for each hour of the day between the hours of 6:00 AM and midnight, reflecting the fact that the parking demand for each use varies throughout the course of the day. Parking Study for Qwik Korger Retail Center w ~ ~ _ ~ 3 September, 2008 J Q U O O Z VI N O_ u O N Ilo ^~ 0 T _d Y W Z W Q LL. W O 1J 1.1... Z ,~ V / Z r ~~ 318-14 1~3~I1S NI`dW Applying these factors to a mix of land uses yields a projected peak parking requirement, at a particular time of day. In theory, the total pazking demand for that mix of uses will not exceed that projected peak, due to the interrelationships and benefits of shazed parking synergies. Using the city code parking requirements for general retail and food uses, the ULI shared parking model indicates that the center would require 24 parking spaces. This takes into consideration the relocation of the delicatessen to the adjacent suite. The ULI analysis uses the City's general retail parking rate of 5 spaces per thousand square feet for the Qwik Korner market space, the vacant retail space, and the Javatini's space. The Ciry's food use parking rate of 10 spaces per thousand square feet was applied to the proposed relocated delicatessen. PARKING DATA COLLECTION Parking counts were made at the existing retail center in order to identify the parking demand actually being generated by Qwik Korner and Javatinis. Parking demand counts were collected at the retail center on Thursday, March 20, 2008 and Monday, April 14, 2008. The counts are summarized on Tables 1 and 2. Parking data collection worksheets are provided in the appendix. As shown on Table 1, the parking demand counts made on Thursday, March 20 were tallied for each half- hour starting at ll:00 AM and ending at 8:00 PM. The parking counts indicate that that the highest number of vehicles parked in the retail center was 20 vehicles between 12:30 PM and 1:00 PM. For all of the remaining half-hours counted, there were no more than 12 vehicles parked in the retail center lot. The observer noted that there was a large turnover in parking during the half-hour count intervals. It was clear from the March 20 observations that the peak demand at the center is during the lunchtime hours. Thus, based on the March 20 observations, parking demand counts were made on Monday, April 14 between the hours of 12:00 PM and 1:30 PM and tallied for each minute of the count period. The highest number of vehicles parked in the retail center was 22 vehicles at 12:39 PM. However, during the hours of 12:00 PM and 1:30 PM, the parking demand in the center varied from 13 vehicles to 22 vehicles, again signifying a large turnover in parking. It was noted that very few of the Qwik Korner patrons take advantage of the inside and outside tables, but rather leave the market within a couple of minutes. The observer on March 20 noted that, at the peak time, approximately 15 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. Likewise, on April 14, the observer noted that, at the peak time, approximately 17 of the parked vehicles were associated with Qwik Korner and 5 of the parked vehicles were associated with Javatinis. The parking counts do not take into consideration how much of the Qwik Korner parking demand is generated by the convenience market versus the delicatessen inside the market. Evaluation of Parking Data Based on the observations, it is clear that the parking demand for the existing uses at the Qwik Korner retail center varies based on time of day and even within the peak lunchtime hours. Based on the observations, it is calculated that the existing Qwik Korner/delicatessen has a worst case existing parking demand rate of 7.7 spaces per KSF at its peak time (between 12:30 PM and 1:00 PM on a weekday). This rate is based on the April 14 parking observations. It was observed that the Qwik Korner parking lot was at the most 85% full (22 spaces used) for only 1 minute of the observations. At all other times, it was observed that the parking lot would be able to accommodate parking for all uses including the vacant retail use of 1,002 square feet. Parking Study for Qwik Korner Retail Center ~ ~ ~ _ ~ 5 September, 2008 Table 1 Sununary of Parking Data Collection at Qwik Korner Retail Center, Santa Ana, CA for Thursday, March 20, 2008 Da /Date Time of Da Number of Vehicles Parked Thursday 11:00 AM 6 March 20, 2008 ll:30 AM 7 12:00 PM 9 12:30 PM 20 1:00 PM 10 1:30 PM 12 2:00 PM 8 2:30 PM 4 3:00 PM 3 3:30 PM 2 4:00 PM 4 4:30 PM ~ 4 5:00 PM 3 5:30 PM 8 6:00 PM 5. 6:30 PM 4 7:00 PM 6 7:30 PM 3 8:00 PM 4 Parking Study for Qwik Korner Retail Center 4 September, 2008 31 B-16 Table 2 Summary of Parking Data Collection at Qwik Korner Retail Center, Santa Ana, CA for Monday, April I4, 2008 Da /Date Time of Da Number of Vehicles Pazked Time of Da Number of Vehicles Parked Time of Da Number of Vehicles Parked . Monday 12:00 PM 12 12:31 PM 16 I:Ol PM 1S Apri114, 2008 12:01 PM 13 12:32 PM 18 I:02 PM 15 12:02 PM 12 12:33 PM 18 1:03 PM 15 12:03 PM 14 12:34 PM 18 1:04 PM 15 12:04 PM 13 12:35 PM 18 1:05 PM I6 12:05 PM 13 12:36 PM 19 I:06 PM 16 12:06 PM 14 12:37 PM 19 1:07 PM 19 12:07 PM 15 12:38 PM 21 1:08 PM 19 12:08 PM 15 12:39 PM 22 1:09 PM 21 12:09 PM 15 12:40 PM 19 1:10 PM 19 12:10PM 15 12:41PM 19 I:11PM 19 12:II PM ' 15 12:42 PM 18 1:I2 PM 17 12:12 PM 15 12:43 PM 16 1:13 PM 16 12:13 PM 16 12:44 PM 14 1:14 PM 16 12:14 PM 15 12:45 PM 14 I:1S PM 19 12:15 PM 15 12:46 PM 13 I:16 PM 19 12:16 PM 15 12:47 PM 13 1:17 PM IS 12:17 PM 14 12:48 PM 13 1:18 PM 19 12:18 PM I3 12:49 PM 14 1:19 PM 20 12:19 PM 13 12:50 PM 14 1:20 PM 2I 12:20 PM 13 12:51 PM I4 1:21 PM 18 1221 PM 13 12:52 PM I4 1:22 PM 18 12:22 PM 1S 12:53 PM 13 1:23 PM 17 12:23 PM 16 12:54 PM 13 1:24 PM 18 12:24 PM 15 12:55 PM 17 1:25 PM 19 12:25 PM 17 12:56 PM 18 1:26 PM 19 12:26 PM 16 I2:57 PM 17 1:27 PM 19 12:27 PM 16 12:58 PM 15 1:28 PM 18 12:28 PM 14 12:59 PM 16 1:29 PM 15 12:29 PM 14 1:00 PM 16 1:30 PM 14 12:30 PM 15 Pazldng Study for Javapnis CofEec Lounge 5 September, J008 31 B~-17 The March and April 2008 observations confirmed the parking rate of 5 spaces per KSF for an independent coffee shop based on observations conducted in September 2006. The applicant does not expect that moving the existing delicatessen to the adjacent suite would result in an increase in patronage during the lunch time peak period and thus, would not require an additional parking supply during the lunch time peak period. It is expected that the same patrons would continue to visit the delicatessen and that any grips between the delicatessen and the market would be walk trips. Conclusion The Applicant proposes to relocate the existing delicatessen located within the existing Qwik Korner Market to the adjacent 1,018 square-foot suite in the retail center. The space being vacated by the delicatessen will be used for more grocery displays, including imported sodas and waters, exotic chips, and additional refrigerated coolers. The applicant does not expect that the relocated delicatessen will result in an increase in patronage during the lunch time peak period and thus, will not require an additional parking supply during the lunch time peak period. It is expected that the same patrons would continue to visit the delicatessen and that any trips between the delicatessen and the market would be walk trips. Based on the observations, there was a parking demand for. the center of 22 spaces for one minute during the lunchtime peak on a weekday. The remaining parking supply of 4 spaces would be available for the fourth suite of the center, which is currently vacant. During all other times of the day, the 26 parking spaces provide on the site would be adequate to serve the existing and proposed uses in the center, including the relocated delicatessen and the currently vacant retail space. Parking Study for Qwik Korner Retail Center . ~ ~ ~ _ ~ ~ September, 2008. APPENDICES 31 B-19 ULI Shared Parking Tables 31 B-20 F~ F .-. N ~ °~ ,`~.. N N N N a0 h 00 N N N O~ ~p N '+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O O {a; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a U H ~ F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y ~ Q a ,~ X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ aye se e o ~ 6 g o~~c$°~o`o ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G N1 O .+ 0 0 N O ~" II++ O ~+ N M h o0 O. U O~ b N ~O o0 00 h M N ^' O ~ ~ u Q a w~ t 7 ~J ~' F ~ ~r ~+ .~ ' c " ~ { .~ Vf PWG .~ O O -+ ~+ N ~ ~f R V~ N N N ~ ~+t N ^ ^ O O O L y [ [ ~ p y O P. .N. G F r1'. :G F+ n N n F F Fn (n „a~ ~ o ^ N } h O~ O O O Q~ O~ O O o 00 ~n M ^ O 0 3 y `~'~ ~ a A W ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 QA q ~d oz c e r y H~ ~ ~ ~ > W a W ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ w y z z o ~ o C7 ~ o o o ° o 0 0 0 0 o o d- ~ o o o 0 a 0 a 0 e 0 o 0 e 0 ~ 0 e 0 ~e 0 o 0 \ $ e o a 2° o e \ e z ~ c .~ .: o z X 0 0 0 0 0 0 0 0 o v. 0 ~n o M C ~- o c o y ~ U ~ ra 'Si °" ~I ~ y o 0 o o $ c O o O a W o 0 e 0 o 0 0 0 o 0 e 0 < N o V1 a V eE V e~° of e~° O ~ g, e~° e~° o 0 0 d~ d p ~ o ... .: .: W z p M ~o ~o ~o ~o ~o l ~e 1 ~c ~0 0 8 $ .-, $ .-, $ O v~ O O ~ ~ ~" V a F U A d , ° c a"W x F ~ °c O ~ o°° ~ O x F ~ o e 0 e 0 e 0 ~ 0 o ~n e o e o e M ~ O e O ~ e ~ $ e ~ ~ a e W r~ `~ o .- o y ~ M ^ o o M ^ O M Vi Vi ~o o h h ~o o ~o o v o M iT~ ~ O~ ~ ~ ~ o c o o O h O~ oo h ~ d o h e h p~ O e O o O e O e h o h s O e O e N e O v h e V1 e O o v1 o v e O e p , ~ ~ ~ .r p p O O~ T O~ 00 h h ~O ~D .h h h o0 00 a0 Q~ T l O~ O 8 a ~ O O O ~ ~ Q y,^~~Ij W p~Q O e O o O ~ O o O ~ O e O e 1A e h e h e h o 0 e 0 o 0 e 0 e 0 e 0 o h a O W ^~ ~ 6 .: O C ~ ~ ` ` N V V1 N vl `O ~O o0 o O 00 ~O C E y `~ A ~ a E., F ° W C ° O -- C o O o M a pG e vi o o e o e o o o ~ e e e e e e o 0 o n e e P i w `" ^' O ~r7 "ji ^ N M v+ v1 v+ a0 o O o O o O~ p ~D ~n Vf o ~O v+ a0 o op o Yt o M o N o v~ ~ ~O ~ A y W '.~. W O~ ~ „ N pp Q a a ~ ~ y pp 'D o h e 0 e o 0 0 e e V1 N ~Q 0 e 0 e 0 e 0 o vl ~ O o VI e 0 e 0 s 0 e 0 e o 0 h P G > `~+ VJ •X O ^ O p W a ~e ~ ^ N M v1 00 O O rn ~D V1 ~O o0 ao v1 t•f N ^ ~ O N N ~ g O O O~ G N h C ..1 "j' o ..-• e h e o vt vt M ~ e of Vf b 00 a v] O ~ ~ O e e h p O O o O O 0 0 Vl V1 O o ~/1 e O e e O O o e~ O O O frj ^ ~ . . ~ . . O~ T o0 vl M .-. f~/1 ~ 0 0 0 0 0 0 () o e o e e e e a ~ o o e o e e e o 0 0 A lL/y~ W !~ O C Q O O O (p ~ C~ C G 0 0 O O. vl O 00 00 V1 O h h Vl O ~O h O O h h Vl h vl O 00 T h OD O~ O~ T O O~ O O O O O U W 0 0 0 0 0 0 {y] ~° M O e o V1 Vl 0 0 0 0 o e 0 0 e o 0 0 o 0 e e 0 V1 e e O h e o M -+ o e 0 0 Y x V ~y X O o U w M h O. O O O~ O~ O O O. h N O O 3 F y `.C~ ptl ~ ~J ~ ~ ~ W ~ C ~ O S ~ Q S o O a O O N a a O O a S w a S O a a, O O a p O o O p p R O U a (L o CJ ~ ~ j ~ O I oG O. ~ ~ . + -~ f`! 1+1 V N ~C [~ 00 C. N z ~ ~ .a = ° ~ w 3 ~ ~ o~ [ 3 v i m N ^~ h M tl II II C7 O O ISI rn a a O ~~~F c+.aq oqq~ a c~ a ao 0 N W 31 B-21 EQ~ !+ ~+ N V h M a N N N N ~ ~ (~ O~ 0 0 h M -+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~, ,~ V O o p; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O `] U F ~ F^ O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 F O ° a q ,., ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w w w w w w w ~ ~ ~ a~ e x o ~ Wq ~ O O a 0 o a°^°oo~~ O ZQ w ~a W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O. O O O o~^o^oo ~a ~ a ~ ~ ~~ O '+ N M h h U O~ 00 Vl Vl h h h V' N1 N ^ O w ~ ~ H U ~ F w qm ~ [ + ~ ~ ( • y RWI .~ O O ~--~ -+ M ~ ~/1 V1 V M M M '7 a N ^+ ~+ O O {{~~ ~y O ~ ~ a a O PG CC. ~] f-' ti C ~ E+ E+ '~' O ^ M `O h a O N N ^ O O~ U h `O 7 N 0 o ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W a P'i C a ~" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cq V Z `~ M U ~ ti a ~ o z ~ A Z d ~Z ~ "~ °o ° o 0 o 0 vi 0 o ~ ~ F~ o o ~ o o o 0 o 0 o ~ 0 ~ 0 a 0 a 0 c 0 v 0 o 0 w 0 e 0 ~ 0 e 0 a 0 o 0 Q,' O X ° -~ o o p ~n o 0 0 0 0 0 0 0 o vi M M ~ ~ z C7 d u: z W °o c ° ° g o O o O r.,: ~ a 0 e~° 0 e 0 M o 0 ~o o 0 ~o a 0 ~o v h ~o e N ~o e v1 ~o o v1 ~o o h ~o ~ $ o e g o 0 o o 0 0 a 0 o a 0 d~ 0 a 0 a U 0 u .. .., ^ ~ _. ^ .. ^ .. vi ~ V ~ pd,~ ~ A x F; ~ w u °o, ° ° ° o0 00 ~ ° x (-~ y o o o o e ~ o o ~ o e vi \° $ ~ $ d~ M^ a o 3~ o o o e vi e o a o d~ h e o e 0 0 A .~ ~ ~ ° ° o g 'o O .n t O v V e e o 0 0 o e a e v e e a o v o 0 0 p p r .. ~ O I O. h Q~ O O~ O 00 O 1~ O h h ~O h ~O O h O l~ V1 h O oG N CO h 00 O. h U YI O~ O O O O ~ ~ N a ~ . . ~ ~ GTi yy o ° o 0 O 0 O ~n N W a' {{,,[[~~ s 0 e 0 e 0 e 0 a 0 e 0 e 0 N .~° Vf ~ e of h o h h e Vf h e O `O e O b >\° O 00 e p o p e O e O o O ... C Q~ ~ O O O 00 h y Q ~ F [[--.. 7 Y y °,_°, ~ ° o o 0 ^ M a O M a O ~ w 6i ' o vi e 0 ^ e 0 N e 0 M a ~n V~ e ~n 00 e o O o 0 O 0 p U 0 o ~O o vi Vl e o `O e v~ 00 e 0 00 e 0 vt o 0 M \° d N e o e h W , ?4 ~ ~ y < [7 p a G C .~ p. T ~ V~ O O O O M O~ O ~ Q W ~ ~ -~ o h e O ^ e O N o O M ~ N h ~ V1 00 o\ O O po\ O O ~ O O~ ~ O ~D o Vl h ~ O ~O ~ h o0 s 0 00 e 0 Vl e 0 M e 0 N ~ ~ '+ o h m rYi O m ~ ~ N N ~ 0 0 r W a ~ e ~-+ o v1 v O e O e O e Vf e~ O e o o e e o e v e e O ~, ; w M .-. O , _ .-+ M h ~O oD O~ O C ~ V~ O~ O U O o0 h h V1 ~D O V1 h M h .^ O Ia ~ ~^7 y Oy A fC.t/~~ W C (~ 0 Q 0 0 0 O ^ 0 o 0 O .r O (~ ~ V 6 o O o .. a O O~ e N 00 e O 00 e Vl l~ o O h o e Y1 O ~O h e O h o O l~ o v1 l~ e h 00 e O O~ o h O~ o o0 T e O~ O~ p~ O O e O C e O O C G u W ° ° ° ° ~ ° e v o a' ~ o o a e e o e ~ a o v o e e Y_ U w o 0 O ,,,; C o ,-ti m U c o N 0 b 0 ao O 0 O 0 0 O. 00 0 ~p 0 V 0 N 0 ^ v, O o c o 0 0 - x O X O O ~ ° ' te r.. a Off, ~ ~ ~~ ~ ~ a~ ~ ~ i ~ ~~ ~~ ~ wa ~ fal ~ U ~ y u r a ~ g 8 0 ~ 0 0 ~ Q `.! "" 0. O o N oP. O f . ~ O., S 0. a ~ 0 a a 0 0 a 0 Q o Y. O p O ~'i "~' G R Q V ~ i~ o `G 1 00 Oi ~ . -. "" N M ? Yl ~O h oG p~ _ ~ N N 0 a a ~ ~ ° d~ °~ H 3 ~ , °~ Q N N M h 0 II A ~~e h a a AA {Q~~ a qqK a z Q a ~~ 4 Q~ N fs 31 B-22 " Parking Count Data Collection 31 B-23 Qwik Korner Parking Study Project # 08-1051-001 Location: Sunflower & Main Day: Thursday City: Santa Ana Date: 3/20/2008 TIME Spaces Reg. 24 ~ 2 TOTAL 26 11:00 AM 6 0 6 17:30 AM 7 0 7 12:00 PM 9 0 9 12:30 PM 20 0 20 1:00 PM 10 0 10 1:30 PM 12 0 12 2:00 PM 8 0 8 2:30 PM 4 0 4 3:00 PM 3 0 3 3:30 PM 2 0 2 4:00 PM 3 1 4 4:30 PM 4 0 4 5:00 PM 3 0 3 5:30 PM 8 0 8 6:00 PM 5 0 5 6:30 PM 4 0 4 7:00 PM 6 0 6 T:30 PM 3 0 3 8:00 PM 4 0 4 31 B-24 ^~~ Kimley-Horn ~ and Associates, lnc. 7/. /~'~~ Q~ ~~ d ~ 7 ~~0~ /~~ ~. r ,ao~ .~~ ~ -- ~~ /~a ~~nc~ /~a~ %~~" /~-v °~ ~~ U ~~ i l . /~~ a-- / ~3_ / ~~ ~/ /~ ~ /02~ lv f~~~ ~ ~~ g . I ~/'~1 /a-~ o / ~~-~ t . ~~~ l Sheet No. of Job Subject Job No . Designed by Date Checked b y Date c ®~S~/ vim'--:I~~JV" ~~~ Ja~a~ . ~ ~K , ~~~~m~ ~~~~) -~ ~~~ f .. ~~-~~ - ~ a-~~ ~- - -- + ~~~-~-~ a3 v +- i ~-3 ~ -- ~- ~- . /~~j~ . la3`~ ~~" jai c~ ~- = + % ~- 3~ -{- . t' i ~"~~' -~ -F --- a ~~ /~-s~~- - 31 B ~2~~3 ^ i• ^ KimleyHom ~ and Associates, Inc. ~~~ ~~.~~ _ . ~-~ + ~~ ~a~~ -++ a~ ;~~~ .. ~-S2- is ~ ~ -+ ~. ~~ s~ /2-~~ 1- / ~~ 7 ~~ ~~ - /a-s~ -~ /ov +! D / _' /OZ f~~ -} /a~ f b S` -~-" /' O Co /~ Sheet No. of Job Subject Job No . Designed by Date ~ ow ~ Checked bf' Date Q k ~1~~ /0 7 ~-. f~+- - o~ . Ian ~-~-~ lI U ~ .l . //2 -- - ~ . /% ~ ~~ ~ _ . ~; ~ -~ ~ ~i~ _ . ~~ ~ ~ ~~ ~ ~ ~ /2t7 ~- /Z / - -- /ZZ ~ a-3 .__. ~ Z~ -~' / Z,~ -t- I~~ ~a7 ~2~ Z~j ~ Y _ . 31 B-2~i~~, ROH- 12/8/08 RESOLUTION NO. 2008-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-20 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT C 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. Applicant is requesting approval of Variance No. 2008-20 to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. B. Variance No. 2008-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2008. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances apply to the subject site that necessitates a parking variance for the project. The site is a small infill retail center within a built out area of the City. The site is surrounded by residential uses on two sides and streets on the other two. Due to its location, the applicant is unable to acquire additional land to meet the parking code. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance to reduce the required on-site parking is necessary for the preservation and enjoyment of the applicant's right to occupy a unit on a retail center that has remained vacant since its construction. This variance Resolution No. 2008-35 31 B-27 Page 1 of 5 would allow a modest growth to the delicatessen, while allowing for a broader product selection at the convenience store. This in turn, would provide additional services to the community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will not be detrimental to the public welfare or injurious to the surrounding properties as conditioned. Based on the parking study prepared for the project, the 26 parking stalls available in the site will provide sufficient parking for all the uses in the center and therefore not impact the surrounding properties. The Planning Commission previously approved Minor Exception No. 2006-06 to allow a 16 percent reduction (five spaces) in required parking to allow the establishment of Javatinis Coffee Lounge in Unit A, but this Variance is separate and apart from that Minor Exception. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City. Instead, it will further Goal 5 of the Land use element to ensure that the impacts of development are mitigated. When fully occupied, this development will have a net community benefit, by providing needed services to the surrounding community, while providing sufficient parking to meet its customer's needs. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15305), the project is exempt from further review. This Class 5 exemption allows minor alterations in land use that do not result in any changes in the land use or density. Categorical Exemption Environmental Review No. 2008-124 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-20 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a sandwich shop at 3960 South Main Street, Unit C. 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 December 8, 2008, and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008-35 31 B -2 8 Page 2 of 5 ADOPTED this 8th day of December, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo, Mill (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-35 31 B-29 Page 3 of 5 Conditions for Approval for Variance No. 2008-20 Variance No. 2008-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2008-43. 2. The maximum parking reduction permitted by this variance is 16 percent, which is equivalent to five parking stalls. 3. There shall be no more than 15 seats within the premises at any time. Resolution No. 2008-35 31 B-30 Page 4 of 5 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE_OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-35 (Variance No. 2008-20}g in this action by placing a true copy ereo enc ose m sealed envelopes addressed as follows: Shounia Family Trust 44 Fern Pine Irvine, CA 92618 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-35 31 B-31 Page 5 of 5 31 B-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: VARIANCE NO. 2008-23 TO ALLOW A REDUCTION IN REQUIRED PARKING AT AN EXISTING APARTMENT COMPLEX LOCATED AT 702 SOUTH RAITT STREET - ORANGE HOUSING DEVELOPMENT CORPORATION, APPLICANT l~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-23 as conditioned. PLANNING COMMISSION ACTION On December 8, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-23 as conditioned by a vote of 4:0 (Leo, Mill absent) for a reduction in parking in conjunction with the rehabilitation of an existing 10 unit apartment complex at 702 South Raitt Street in the Low Density Residential (LR-7) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino Executive Director Planning & Building Agency VF:rb Vf \reports\VA08-23 Orange Housing 702 S Raitt.cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2008 TITLE: PUBLIC HEARING - FILED BY ORANGE HOUSING DEVELOPMENT CORPORATION FOR VARIANCE NO. 2008-23 TO ALLOW A REDUCTION IN REQUIRED PARKING AT AN EXISTING APARTMENT COMPLEX LOCATED AT 702 SOUTH RAITT STREET Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO L ~~ Executive Dire or Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Variance No. 2008-23 as conditioned. DISCi7S~TnN Request of Applicant Orange Housing Development Corporation is requesting approval of a variance for a reduction in parking in conjunction with the rehabilitation of an existing 10 unit apartment complex at 702 South Raitt Street. Property Description The project site is a 12,197 square foot, rectangular shaped parcel located on the southwest corner of Raitt Street and Monte Vista Avenue. The site is currently occupied by the Raitt Apartment complex, a two- story, 6,500 square foot, 10-unit complex that was constructed in 1961. The site currently contains 12 uncovered parking spaces. The site has a General Residential (LR-7), which per acre. The subject Residential (R-3) zoning d family residential uses to uses to the south and west Plan land use designation of Low Density allows residential development at seven units site is located within the Multiple-Family istrict. The property is surrounded by single- the north and east and multi-family residential (Exhibits 1 and 2). EXHIBIT A 31 C-2 Variance No. 2008-23 December 8, 2008 Page 2 Project Description The project involves the rehabilitation of the existing 10-unit apartment complex into an affordable 8-unit complex. The structure and room layouts will be modified by combining existing one-bedroom units to create one, two and three bedroom units. Units will range in size from approximately 589 square feet for a one-bedroom apartment, 759 square feet for a two bedroom unit and 995 square feet for a three-bedroom unit. The unit breakdown includes 4 one-bedroom units, 2 two-bedroom units and 2 three-bedroom units. Various external and internal improvements are either proposed or required for the project. Exterior improvements to be required will include new stucco and paint for the exterior walls, new railings for the walkways and stairways, repairing and repainting all decks and the removal of exterior doors where units are removed. Interior enhancements proposed for the site will include the reconfiguration of walls and the installation of new bathrooms and kitchens within each unit. Additionally, new paint, windows, doors and flooring will be provided for each apartment (Exhibits 3 and 4). Analysis of the Issues Orange Housing Development Corporation, in partnership with the City's Housing Division, is in the process of purchasing the existing Raitt Apartment complex. Once the purchase is completed, the applicant intends to rehabilitate the existing complex to provide eight affordable, rent controlled units that will include occupancy restrictions. However, due to the rehabilitation involved with the project, a variance for a reduction in parking is needed. Section 41-681.3(3) of the Santa Ana Municipal Code (SANG) requires nonconforming multiple-family residential project such as the Raitt Apartments to comply with the City's parking requirements if the number of bedrooms will be increased on the site. Since this project includes new two and three-bedroom units on a site with only one-bedroom units, this code section applies to the project. Based on current parking requirement, a total of 25 parking spaces are required for the site. However, due to an increase in the number of bedrooms, the applicant's proposal now results in a parking demand of 27 spaces. In analyzing the request for a reduction in parking, staff considered the following information. 31 C-3 Variance No. 2008-23 December 8, 2008 Page 3 The remodel of the apartment complex will include a reduction in the number of units on the site by two units, which effectively reduces the parking demand for the project. Further, deed restrictions and covenants will be recorded for the project that will cap the overall occupancy of the project at a maximum of 40 (4 persons per one-bedroom unit, 5 persons per two-bedroom unit and 7 persons per three-bedroom unit), also reducing the demand for parking. Finally, an analysis of similar projects completed by the applicant in Santa Ana has determined that the need for parking has been reduced through the deed restrictions and covenants, with adverse impacts not affecting the surrounding areas. Orange Housing Development Corporation has completed several successful, similar projects in the City, including a 30-unit apartment project on North Ross Street, a 35-unit complex on North Durant, 17 apartment complexes at Wilshire and Minnie Street with 84-units and the conversion of the Howard Johnson's Motel into a senior apartment complex on East Seventeenth Street. This project, as with the prior projects completed by Orange Housing Development Corporation, will preserve and improve the character and integrity of the surrounding neighborhood through the numerous improvements proposed for the site. The reduction in the overall number of units, in conjunction with the strict occupancy limits, will result in a reduction in the parking demand for the complex. As a result, staff recommends that the Planning Commission approve Variance No. 2008-23 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2008-221 will be filed for this project. /L, ~ , Vince Fregoso, A CP Principal Planne VF j m of\reports\VA08-23 Orange Housing 702 S Raitt.pc 31 C-4 ~ M 1 I ,Sa L R2 1 L--~->J t I/ t~~ I / L / i I~ ~L stroll. 3 Mi ~ Mt R1 Rt R3 R2 R2 R2 R2 R2 Ct Ct R2 w Mt~ ~ R2 R2 ~ ~~ --- r SP4 ~ M1 C2 I Q R2 R2 Mt R2 R2 R2 R2 R2 ~ cs I ,sal P LL ° y SP-t C2 C2 C2 C2 +sz.z C1 '~ C1 ? sz i sz' ct ------ -- -- 1ST ST ~.-z.,o.u--, - - - --r -~~--- f•,a,'~ r-- i C2 ~ R2-PRD ~ I C2 iI~:~M1~j a~ C2 M1 Rz C2-k C2 ~ ~ C1 S~-1 Si C2 I I I I i eaa ~ R7 R2 $ ,e w~si= ~; I I I I I I- pp wnLNU*sr. -- w - - , R2 L - - -- ' I I M1 ^ ^I R2 I ~--===-i --I it ~ Rt ~ i j i i ~ I$ R4-B p R1 R1 Ri Ri Rt Rt ~ SP-1 SP Rt _____ ~I I .~_. - //---- -1 II ~ /~~~ wES. m e I //-------II I I IL -_, R1 ~~ ------n II --- R4- ~%`-~~ az d R1 Rl I I ~ I - - - ~ o+E rn r nv. ___- -_-_-' iii= =--~`~ "~'~ R1 R1 "v N "v Ri Rt Rt sP „_~ - ~ ~ - __ ij1-----'^'- :~~- Mi Az Rt o R1 a R1 -t u t/ I/ t --IF------- t= I II II II I _ I I ~_-----~__~;~ R3 R9 I R1 ,~__,~__,~__, ---- ~ 7 _- R1 w < ~ ~ R2 ~ R2 ¢ R2~ ~ p 5 R1 Ri R R1 R1 Ri Ri cE ~ o RtIES R1 R1 R1 AMIL L R1 R1 R1 R1 R1 Rt sP Ri s SP ~ t L R1 sP R1 i Al GENERALAGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-23 RAITT APARTMENT COMPLEX REHABILITATION ~' ,~~-,o'er F~= 702 SOUTH RAITT STREET - - =500 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~I' - I VB~ 1 J J ¢_ ¢_ SING E FAMILY J ~- I- RE IDEN IAL 1- Z z W J w ° RAYMAR ST. o ~ F. ~ ~ w in N ~ W ° W F- SIN LE MIL RES DENT AL SINGLE ~ ~ > ~. W FAM RES F- N ~ ~ J -~ W ~ . ~ ~ Z ~ ¢ R W N SIN LE FAM LY ESI EN IAL MARK ST '~ . W N ~ w S Z ~ W J ~ N c~ c, RICHLAND AVE. INGLE AMIL ~ Q 2 RESIDE TIAL O ~ H ~ ti ~ ~ esMr. SINGL FA ILY RE IDENTI L MONTA VISTA AVENUE ~' .b SI GL F MI Y ES DE TI L o Q o Z w O HIGHLAND AVE. ° ` f U LL _ cn N W ~ W Q Z SIN LE o > J W FA ILV ~... Y ~ SING E FA ILY R SIDE TIAL W R S W Q . W w WISTERIA PL. J N Z ~ O SIN LE AMI Y RE"IDEI TIAL F Q ~ SINGL FAMI Y RE IDENTIAL ~ VA 08-23 RAITT APARTMENT COMPLEX /~ _ REHABILITATION ~ 702 SOUTH RAITT STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~x~iB~T 2 J a ~ ~ J z Q ~ ° 2 ~ w w _° ~ ~ > J ~ J Q W ti J ~ ~ J 1. I~ e ----1 ~-- .~.,.~ 3'I~e~2s EXHIBIT 3' -' ~~ w.~a V ® ® LJ L/ ~ o a a ~ o 9 ~ ® , ® , ®, y w,rn. ~ w+.c. w.~.c. ~ ~ wic. -~ -- --_,~ ® ®a SECOND FLtJC?R-PLAN EXISTING ~$`~~• ~~ ~1 ~VyA~08-23 3 1 l~_~~4 FIRST FL04R PLAN EXISTING ya =~b° ® DM19Jfi O ^~ OMiNG D9~11N0 [.•'~ DliN6 ~ a _ ~ ® f ~ ~ ~ ' t ~ ® I ~ ® ~ ®_ 2 ~T~ ~ i . i ~ ~' + ` ' ® ® ~ , ~ -~ , ~ ~ 1 Q ~: , __ , w.r.c. ~ w.l.c. ®~ w.r.c. ; ~ wtc. SECOND FLOOR PLAN PROPOSED fe«a,~..~~ E W.1.Q ~~(~ ® _ ® ~~ a E ~ ~~~~. i -~~ ---~ ® ® ~~ //~~ RCOM ~ ' ~ i 4 f ,~ ~' ~~~ 1 W.LG. j ~ ; .... .n..._.. t W.1.C. ., _~ , W.LC. ~ W.LC. ~ ~ ~ , ,. ~ FIRST FLOOR PLAN PROPOSED +,g~,,.ow 31 C-9 bk:12/04/08 RESOLUTION NO. 2008-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE N0.2008-23 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED PARKING AT AN EXISTING APARTMENT COMPLEX LOCATED AT 702 SOUTH RAITT STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-023 to allow a reduction in required parking at an existing apartment complex located at 702 South Raitt Street. B. The project site is a 12,197 square foot, rectangular shaped parcel located on the southwest corner of Raitt Street and Monte Vista Avenue. The site is currently occupied by the Raitt Apartment complex, atwo-story, 6,500 square foot, 10-unit complex that was constructed in 1961. The site currently contains 12 uncovered parking spaces. C. The applicant, Orange Housing Development Corporation, in partnership with the City of Santa Ana Community Redevelopment Agency, is in the process of purchasing the apartment complex. Once the purchase is complete, the applicant intends to rehabilitate the existing complex to provide eight, long-term covenanted affordable units that will include occupancy restrictions. However, due to the rehabilitation involved with the project, a variance for a reduction in parking is needed D. The project involves the rehabilitation of the existing 10-unit apartment complex into an affordable 8-unit complex. The structure and room layouts will be modified by combining existing one-bedroom units to create one, two and three bedroom units. Units will range in size from approximately 589 square feet for cone-bedroom apartment, 759 square feet for a two bedroom unit and 995 square feet for athree-bedroom unit. The unit breakdown includes 4one-bedroom units, 2two-bedroom units and 2three-bedroom units. Resolution No. 2008-34 Page 1 of 6 31C-10 E. Various external and internal improvements are either proposed or required for the project. Exterior improvements to be required will include new stucco and paint for the exterior walls, new railings for the walkways and stairways, repairing and repainting all decks and the removal of exterior doors where units are removed. Interior enhancements proposed for the site will include the reconfiguration of walls and the installation of new bathrooms and kitchens within each unit. Additionally, new paint, windows, doors and flooring will be provided for each apartment.. F. Variance No. 2008-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2008. G. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The site currently contains 13 parking spaces, an average of one for each unit. The applicant will be reducing the number of units on the premises from 10 to 8, which will reduce the parking demand for the site. Additionally, occupancy restrictions will be established for the project that will result in a lesser number of residents than currently found on the premises, further reducing the need for parking.. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating the existing apartment complex to provide affordable, rent controlled housing for residents of the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to the area as the reduction in units, in conjunction with the occupancy restrictions, will result in a lower parking demand. Resolution No. 2008-34 Page 2 of 6 31C-11 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan but will support the Plan as Goal 3 of the Land Use Element encourages the improvement of the character and integrity of neighborhoods, while Goal 6 encourages efforts that reduce residential overcrowding in the City. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and minor alteration of existing structures with no expansion. Categorical Exemption No. 2008-221 will be filed for this project. Section 2. The Planning Commission after conducting a duly noticed public hearing, hereby approves Variance No. 2008-23, as conditioned herein. This decision is based upon the evidence submitted at the above-stated hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 4, 2008, exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of December, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo, Mill (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Resolution No. 2008-34 Page 3 of 6 31C-12 Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-34 Page 4 of 6 31C-13 Conditions for Approval for Variance No 2008-23 Variance No. 2008-23 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 Standards Building 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 riot to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division i . The project must remain in compliance with the submitted plans shown for the development. 2 . Prior to issuance of building permits, a copy of the deed restrictions and covenants for the project shall be submitted to the Planning Division for review and approval. 3 . Prior to submitting plans into building plan check, the applicant shall submit plans for review and approval by the Planning Manager that incorporate architectural enhancements to the building. 4 . Prior to submitting plans into building plan check, the applicant shall submit a landscape plan for review and approval by the Planning Manager. 5 . Prior to submitting plans into building plan check, the applicant shall revise the site plan to note that the parking lot will be repaired and repaved per City standard. Exhibit "A" Resolution No. 2008-34 Page 5 of 6 31 C-14 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-XX Variance No. 2008-23 in this action by placing a true copy ereo enc ose in sealed enve opes a resse as follows: Todd Cottle/Barry Cottle Orange Housing Dev. Corp. 1110 E. Chapman Av., Suite 200 Orange, CA 92866 Robin Keith/John H. Coogan 3814 Channel Place Newport Beach, CA 92663 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-34 Page 6 of 6 31C-15 31C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 5, 2009 TITLE: RESOLUTION MODIFYING THE REFUSE PROGRAM SURCHARGE F ,f ~~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION ~'/ Ado t a resolution modif in the Cit 's refuse P y~ g y program surcharge on business and apartment service. DISCUSSION Pursuant to the agreement with Waste Management, the City currently receives a 15.8 percent surcharge on the business and apartment refuse charges imposed by Waste Management to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities. Any change in this surcharge must be established by Council resolution. At this time, it is recommended that the surcharge be increased to 19.8 percent to offset increased administrative costs associated with the refuse program. The cost of a commercial 3-yard bin, with once per week pickup, will increase $5.39 per month for a total cost of $112.08 per month. Fees in other cities currently range from $40.85 to $147.19 per month. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 55A-1 Resolution Modifying the Refuse Program Surcharge January 5, 2009 Page 2 FISCAL IMPACT The increased surcharge on business and apartment refuse collection services will generate approximately $300,000 in the current 08-09 fiscal year and $1,500,000 in fiscal year 09-10 and each year thereafter. Funds will be deposited in the program surcharge account (account no. 69-01- 5112) . ~~~ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: (~~CC~Q L1~8- i~ ~~q~, f~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 55A-2 Iss12/15/08 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING THE AMOUNT OF THE SOLID WASTE PROGRAM SURCHARGE ESTABLISHED PURSUANT TO SECTION 10 OF THE THIRD AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF SOLID WASTE IN THE CITY OF SANTA ANA 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 City of Santa Ana currently contracts with USA Waste of California Inc. a Delaware corporation dba Waste Management of Orange County ("Contractor"), whereby Contractor is the exclusive provider for the collection, transportation, and disposal of solid waste within the limits of the City of Santa Ana. B. Pursuant to the exclusive contract, the City currently receives a 15.8 percent surcharge from Contractor based upon its Gross Receipts. The funds received pursuant to the surcharge are used in part to pay for the costs of administering the refuse collection and recycling program and supporting the federal clean water protection activities. C. The cost to provide administration of the refuse and recycling program has increased above the amounts currently collected pursuant to the program surcharge. These increased costs to the City include but are not limited to salaries of staff and fixed costs. D. It is recommended that the surcharge on bin and roll-off container service rates be increased 4 percent to support increased costs in administering the refuse collection program. Section 2. The City Council hereby increases the following refuse program surcharge on bin services and roll-off services. A. The refuse service surcharge increasing the amount of the solid waste program surcharge established pursuant to section 10 of the Third Amended and Restated Agreement for the Collection of Solid Waste in the City of Santa Ana is hereby increased from 15.8 percent to 19.8 percent. 55A-3 B. The Contractor shall commence collecting this refuse program surcharge effective January 1, 2009. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55A-4 CERTIFICATE OF PUBLICATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana ADOPTED this day of January, 2009. 55A-5 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 5, 2009 TITLE RESOLUTION AUTHORIZING PARTICIPATION IN OPERATION BROTHERHOOD OF THE BADGE TO DONATE SURPLUS POLICE EQUIPMENT CI Y ANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Police Department to participate in Brotherhood of the Badge International to donate surplus or expired, but serviceable, police equipment to the newly established government of Iraq and Afghanistan. DISCUSSION The United States Military Police is responsible for training police officers in the newly established governments of Iraq and Afghanistan. The mission of Brotherhood of the Badge International is to collect surplus police equipment from around the country and deliver it to US military authorities in Iraq and Afghanistan. They then provide this vital personal protection equipment to the civilian police personnel. Brotherhood of the Badge International has a singular goal of assisting peace officers worldwide with equipment and the necessary tools required to establish stability. The City of Santa Ana possesses holsters, ammo pouches, handcuff cases, mace holders, magazine pouches, radio holders, drop down holsters, duty jackets, tactical vests, ballistic vests, and helmets which are no longer used by the Police Department because they are surplus or expired. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. Thus, staff recommends donating the surplus or expired equipment to Brotherhood of the Badge International. FISCAL IMPACT There is no fiscal impact associated with this action. v ` A:f~-~ Paul M. Walter Chief of Police 55B-1 Pjcl12-23-08 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DONATION OF SURPLUS OR EXPIRED POLICE EQUIPMENT TO BROTHERHOOD OF THE BADGE INTERNATIONAL 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 Military Police (hereinafter "USMP") are responsible for training police officers in both Iraq and Afghanistan. The USMP have determined there is a significant need for used law enforcement ballistic vests and equipment such as leather gear, radio holders, and helmets. B. Brotherhood of the Badge International has been implemented to allow police departments holding surplus or expired but serviceable equipment to donate that equipment to the government of Iraq and Afghanistan for use by their Police Forces. C. The City of Santa Ana possesses holsters, ammo pouches, handcuff cases, mace holders, magazine pouches, radio holders, drop down holsters, duty jackets, tactical vests, ballistic vests, and helmets which are no longer used by the Santa Ana Police Department because they are surplus or expired. D. This equipment cannot be sold as surplus and is the type of surplus property that would be subject to destruction by the City. E. The City of Santa Ana, by and through the Santa Ana Police Department, wishes to donate the surplus/expired equipment to Brotherhood of the Badge International. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Chief of Police, or his designee, to donate, on behalf of the City of Santa Ana, surplus or expired equipment to Brotherhood of the Badge International for their use in Iraq and Afghanistan for peace keeping and stability operations. 55B-2 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana 55B-3 55B-4 REQUEST FOR COUNCILI AGENCY ACTION MEETING DATE: JANUARY 5, 2009 TITLE: e .~:,~ JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH RSI DEVELOPMENT LLC ,~ ~ ~( r CITY MANAGER EXECUTI DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution regarding the sale of 1112 and 1118 S. Orange to RSI Development LLC for the development of two affordable, detached single- family homes. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and RSI Development LLC for the development of two affordable, detached single-family homes at 1112 and 1118 S. Orange. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting of December 2, 2008, by a vote of 6:0, the Community Redevelopment and Housing Commission recommended to continue this item to the December 16, 2008, meeting to allow them time to review the new project in context with the existing neighborhood. At its Regular Meeting of December 16, 2008, by a vote of 4:1 (Vasquez, No), the Community Redevelopment and Housing Commission recommended that City Council adopt a resolution regarding the sale of 1112 and 1118 S. Orange to RSI Development LLC for the development of two affordable, detached single-family homes and recommended that the Community Redevelopment Agency adopt a resolution approving a Disposition and 80A-1 Joint Public Hearing - DDA with RSI Development LLC January 5, 2009 Page 2 Development Agreement between the Community Redevelopment Agency and RSI Development LLC for the development of two affordable, detached single- family homes at 1112 and 1118 S. Orange, and which should include collaboration between the developer and the Eastside Neighborhood Association to develop home designs compatible with the historical integrity of the neighborhood. DISCUSSION A key objective of the Redevelopment Agency (Agency) is to expand and preserve affordable housing. To that end, the Agency staff has been working to develop Agency-owned property at 1112 and 1118 S. Orange Avenue (Exhibit 1) which was acquired as part of the McFadden Realignment project. Ronald M. Simon (RSI Development, LLC) has proposed a model project for this site consisting of two single-family homes (Exhibit 2). Mr. Simon has been recognized for his success in transforming the manufacturing process of bathroom and kitchen cabinetry by streamlining the supply chain and business process. The proposed model project will duplicate a similar precision manufacturing model. The construction process is controlled to enhance productivity and reduce waste of building materials. The houses are designed to match building product dimensions, thereby minimizing waste and utilizing wall panels and precut structural components to reduce building time. These homes will also meet Energy Star rating. Although the home designs have been created taking into consideration neighborhood compatibility, RSI will continue to work with Eastside Neighborhood Association representatives to ensure that the new homes support the historical integrity of the neighborhood. The terms of the Disposition and Development Agreement (DDA) with RSI provide for: 1) transfer of 1112 and 1118 S. Orange to RSI, at no cost; and, 2) Agency funded construction financing, including soft costs, in the amount of $225,000. The homes will have three and four bedrooms, with 1,621 and 1,968 square feet, respectively. They will be sold to low-income households earning no more than 80o Area Median Income (AMI), for a sale price of $160,700 and $171,700, respectively. The homebuyers will be responsible for securing the financing for the First Trust Deed and will execute a zero-interest promissory note and trust deed (silent second) with the Community Redevelopment Agency. The 80A-2 Joint Public Hearing - DDA with RSI Development LLC January 5, 2009 Page 3 amount of the note will be equal to the difference between the fair market value of the homes and the affordable sales price at the time of completion. In accordance with previous direction from the Community Redevelopment and Housing Commission, preference will first be given to homebuyers that are military veterans and who live or work in Santa Ana. The second preference is for homebuyers who live or work in Santa Ana. The homes will be sold through a lottery process. The sale of these properties will be income-restricted for a period of forty-five years in accordance with California Redevelopment Law. All subsequent homeowners must also meet income eligibility requirements. It is anticipated that construction will commence by February 2009 and be completed in April 2009. Construction of these homes will assist the City and Agency in meeting the Regional Housing Needs Assessment (RHNA) goals identified in the Housing Element and the Agency's replacement and inclusionary housing obligations. On December 22 and December 29, 2008, notification was published in the Orange County Reporter that a public hearing will be held with regard to the proposed sale of the property at 1112 and 1118 S. Orange to RSI Development LLC. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. FISCAL IMPACT Funds are available in the Tax Increment Housing Set-Aside account (no. 507-936-6631). ~.Q~ ~ She ly Landry-Bayle Ho ing Manager Community Development Agency CJN/SLB/mlr APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency H:\ACTION ITEMS\COUNCIL\2009\010509 JT PH CC-CRA DDA RSI (1).doc 80A-3 CUBBON STREET BEVERLY PLACE ~ W Z W W a a ai N N N ~ NORMANDY PL. a r v McFADDEN HARWOOD PL. qLF, .' W J W Q a ~ McFADDEN AVE. (OLD) w ? W Q W W ~' N ~ ~ W Z e a °G ~ ~ W V J a a '~` 1112-1118 South Orange Avenue Exhibit 1 80A-4 I , q i ~~ a 5 t~~ ~ ~~ a ` ~ "~ ~ «~ z ~b z ~~~ ~~ w a ~nN~ne ~ o~ ~ ~Nb2i0 ~J-~ ~ .~._ Y r~ 1 ' ....,,. J~ 1a r i ~ '_..... { ~.. ,~+, xax: ~ . 1 - ~ ,, -.. ~~ ~~ x x ~ ;: i! _i ' ~ x ~~ ~ ~ ~ ~!~- I ~~ ~~ K ~ ~.. iI A As s \ F ~ ~ $n \ /F ~} J~~ S5~ f I / ~~ j E .022 .o ®.o ~ ~ f~I . n i ~ / YV t`r ~ ~~ j-~~ ~ LL A.s ® wiz. } f- v .a IE N LL / N ~ -~ ~~ 1 ~ ~ Q ~ ~ H ~ I f' ~ { O ~ ~ ~ I ~ ~: i U i ° Z ~ G_9E ~ ^ ~ , y, ~ ~~ ~ ~ (~~ . AT ~ / ~~ ~ ~ ~ f F'¢ € I ` ~' ~.. /jj rt e~. ; ~'` r ,~ f I~ ~. ~/ 'D< ~ .'~ i / ~ ~ ~~° JICi .~e ~~ 1 d ~ ~~ ~ d ~~ ~~ at'u ~ ./' t !3 ~ _~ <, b ~ / V .... ..__ - j :~ i n O j ~ i .... ,_...,,,_ ~_..x~. .~~ ., If' _ ~~ S / . c, l C,' .~ ~ C~,~t/ Exhibit 2 W 0 Z W O a O~ GC o a. - ~ ~ OW C~ ~ Z~ . ~ ~~ W ~ Z W OC J Q H 80A-6 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND RSI DEVELOPMENT, LLC, FOR THE SALE OF CERTAIN REAL PROPERTY AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Redevelopment Projects, including strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing to the lower income citizens of the City of Santa Ana. B. In order to implement the Redevelopment Plan, the Agency proposes to sell said real property located at 1112 and 1118 S. Orange Street (the Property) pursuant to the terms and provisions of a Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and RSI Development, LLC, which is on file in the office of the Executive Director of the Agency. C. RSI Development, LLC, shall construct and sell these two homes to income qualified households. The term of affordability on each of the homes will be forty-five years. D. The consideration for the Property is not less than the fair market 1 80A-7 and conditions and development costs authorized by the sale. E. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws, as well as long-term affordability covenants benefiting the Agency. F. RSI Development, LLC, possesses the qualifications and financial resources necessary to acquire and insure development of the Property as two single-family homes to be sold to qualified low income families in accordance with the purpose and objectives of the Redevelopment and Implementation Plan. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Property in compliance with Health and Safety Code section 33433. Section 2. The City Council has considered all terms and conditions of the proposed sale to RSI Development, LLC, and hereby finds and determines that the sale and development of the Property pursuant to the Agreement is in the best interest of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the sale of the Property pursuant to the Disposition and Development Agreement is not less than the fair market value of the Property determined in accordance with the covenants and conditions governing the sale. Section 4. The sale of the Property by the Agency to RSI Development, LLC, upon the terms and conditions contained in the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 80A-8 ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on , 2009. Date: Clerk of Council City of Santa Ana 3 80A-9 80A-10 REQUEST FOR COUNCIL/ AGENCY/HOUSING AUTHORITY ACTION MEETING DATE: JANUARY 5, 2009 TITLE: JOINT PUBLIC HEARING - TAX EXEMPT BOND FINANCING AND LOAN AGREEMENTS WITH LACY AND RAITT, LP (703 N. LACY/702 S. RAITT) .. r CITY ANAGE EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 80B-1 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 2 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. CONIlKiJNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. HOUSING AUTHORITY ACTION Adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of the properties located at 703 N. Lacy and 702 S. Raitt. CONIlKUNITY REDEVELOPMENT AND HOUSING CONIl~IISSION RECOI~~NDATION At its Regular Meeting of December 16, 2008, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended the following: Recommended that the City Council: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the 80B-2 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 3 purpose of financing the acquisition and rehabilitation of 703 N. Lacy and 702 S. Raitt. 2. Adopt a resolution approving the issuance of tax exempt bonds for the projects. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,330,643. 4. Direct the City Attorney to prepare and authorize the City Manager to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $689,397. 5. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 6. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. Recommended that the Community Redevelopment Agency: 1. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 703 N. Lacy in a total amount not to exceed $1,556,217. 2. Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a loan agreement with Lacy and Raitt, LP for the acquisition and rehabilitation of 702 S. Raitt in a total amount not to exceed $806,265. 3. Adopt a resolution approving the Relocation Plan for the property located at 703 N. Lacy. 4. Adopt a resolution approving the Relocation Plan for the property located at 702 S. Raitt. 5. Adopt a resolution approving the Replacement Housing Plan for the property located at 702 S. Raitt. 80B-3 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 4 Recommended that the Housing Authority adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and rehabilitation of the properties located at 703 N. Lacy and 702 S. Raitt. DISCUSSION Orange Housing Development Corporation (OHDC), a 501(c)(3) nonprofit organization, and C & C Development Company, LLC (C & C) have formed a limited partnership, Lacy and Raitt, LP, to acquire and rehabilitate two apartment complexes. The first is a twenty-seven unit apartment building located at 703 N. Lacy (Exhibit 1). The second is a ten unit apartment building located at 702 S. Raitt (Exhibit 2). OHDC has successfully partnered with the City of Santa Ana and the Community Redevelopment Agency to acquire and rehabilitate 618 units in the City. In addition, OHDC owns and manages more than 2,600 apartment units throughout California. C & C has many years of residential development and management experience, and most recently partnered with OHDC in the Townsend and Raitt project. The proposed projects will build on the City's existing focus in the Townsend/Raitt neighborhood and Santa Ana Boulevard area. The Lacy Street project is adjacent to properties currently owned by the Community Redevelopment Agency (Agency) in the Santa Ana Boulevard area. The acquisition and rehabilitation will assist in the long-term stabilization of the neighborhood, promote the City's goal of providing long-term, affordable housing, and assist in the revitalization of the corridor. The exterior rehabilitation will incorporate design details that are consistent with the draft Santa Ana Renaissance Specific Plan, to the extent possible. Although the building will be rehabilitated, there will be no reconfiguration of units. The unit mix and rent restrictions are as follows: 30o AMI Extremely Low 50o AMI Very Low 703 N. Lacy No.Units Rent No.Units Rent Studio 3 $788 One-bedroom 15 $839 Two-bedroom 1 $589 7 $1,008 80B-4 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 5 The Raitt Street property will be the sixth building in the Townsend/Raitt neighborhood that has been acquired and rehabilitated by OHDC. As part of the rehabilitation, the partnership is proposing to reconfigure the ten one-bedroom units into eight units. The unit mix and rent restrictions are as follows: 30o AMI Extremely Low 50% AMI Very Low 702 Raitt St. No.Units Rent No.Units Rent One-bedroom 1 $491 3 $838 Two-bedroom 2 $1,006 Three-bedroom 2 $1,144 The total project cost to acquire, rehabilitate and provide the proposed level of affordability in the two buildings is $7,925,358. The partners will be applying to the California Debt Limit Allocation Committee (CDLAC) for an allocation of $3,961,067 in tax exempt financing to help provide both construction and permanent financing. They are also applying to the California Tax Credit Allocation Committee (TCAC) for an allocation of $1,836,526 in low income housing tax credits that will be used for permanent and construction financing. There is a $4.4 million gap, and staff is recommending it be filled with approximately $2 million funded from HOME and $2.4 million from the Agency. The tables below summarize the proposed funding sources and anticipated costs for the projects: Permanent E~anding Sources 703 N. Lacy 702 S. Raitt Total Amount Tax Exempt Bonds $1,123,917 $582,293 $1,706,210 Community Redevelopment Agency/Housing Set-Aside $1,556,217 $806,265 $2,362,482 City of Santa Ana/HOME Funds $1,330,643 $689,397 $2,020,040 Capital Contribution - General Partner $66 $34 $100 Capital Contribution - Limited Partner (Tax Credits) $1,209,759 $626,767 $1,836,526 Total $5,220,601 $2,704,757 $7,925,358 80B-5 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 6 Project Costs 703 N. Lacy 702 S. Raitt Total Amount Acquisition $3,530,250 $1,250,000 $4,780,250 Developer Fee $329,000 $329,000 $658,000 Construction and Related Costs $1,361,351 $1,125,757 $2,487,108 Total $5,220,601 $2,704,757 $7,925,358 The loans will bear interest at .5o and repayments will be based on residual receipts (annual gross revenues less operating expenses). These loans are contingent on approval of the tax exempt bonds and tax credit allocations. All code deficiencies will be addressed, and both properties will receive extensive improvements both inside and out. Among many other items, the Lacy property will receive new landscaping, exterior deck repair, updates to the building fagade, new plumbing fixtures and kitchen appliances. In addition to the unit reconfigurations, the many repairs to be made to the Raitt property include a new roof, new water heaters, new trash enclosures, new flooring, new windows, and new kitchen cabinets. In order for the Housing Authority to apply for a bond allocation from CDLAC on behalf of the partnership, the Housing Authority must adopt an Inducement Resolution. The Inducement Resolution confirms the Housing Authority's intent to issue the bonds and identifies the time at which costs expended on the project qualify for financing with the tax-exempt bonds. The bonds are considered "conduit" obligations. This means that although the Housing Authority will issue the bonds, the owner is actually the borrower and has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash flow. There is no recourse to the Housing Authority, the City of Santa Ana or the Community Redevelopment Agency. Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax Equity and Financial Responsibility Act (TEFRA). The public hearing is to solicit comments on the project and the issuance of the bonds. The TEFRA hearing is also a precondition to applying for the bond allocation. ~:~i Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 7 The California Health and Safety Code (Code) requires that when a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property that would lead to displacement of people from their homes, the legislative body must adopt, by resolution, a Relocation Plan (Exhibits 3 and 4). Due to the reconfiguration of units at Raitt Street, two families will need to be permanently relocated. These households will be offered units at other OHDC projects such as Townsend & Raitt and Wilshire/Minnie. At Lacy Street, there are four families that are over income for that project and will need permanent relocation. Of the four, two have incomes between 50o-60o AMI and will be offered the option to relocate into other OHDC projects. The remaining two households are at or above 600 AMI; and therefore, they will be given relocation benefits and assistance in locating to a new unit. Additionally, the Code requires the Agency to adopt, by resolution, a Replacement Housing Plan whenever it destroys or removes dwelling units from the low- and moderate-income housing stock. Among other things, this Replacement Housing Plan shall specify how and where the Agency shall provide replacement housing units. The attached Replacement Housing Plan (Exhibit 5) has been prepared, due to the loss of units at 702 S. Raitt. Approval of these projects will assist the City and Agency in meeting their affordable housing goals as identified in the Housing Element, Consolidated Five Year Plan, and the Redevelopment Implementation Plan. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 (Lacy) and 2008- 221(Raitt) will be filed for this project. 80B-7 Tax Exempt Bond Financing and Loan Agreements with Lacy and Raitt, LP (703 N. Lacy/702 S. Raitt) January 5, 2009 Page 8 FISCAL IMPACT Funds are available in the HOME Program account in the amount of $2,020,040 (account no. 130-148-6951) and Tax Increment Housing Set- Aside Fund in the amount of $2,362,482 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: Sh ly Landry-Bayle ~Hou ing Manager Community Development Agency CJN/SLB/mlr \~c C~~ d ~ l`,~ ,'mil d~ Francisco Gutierrez "'~ /,~, Executive Director Finance and Management Services Agency H:\ACTION ITEMS\COUNCIL\2009\010509 JT PH CC-CRA-HA Lacy-Raitt (1).doc ~~~1 ~ ~~ 703 North Lacy Street Exhibit 1 ~` ~;~j ~ J RAYMAR STREET ~ w w ~ W ~ W (~ N W H N D z W RICHLAND ST. N z } N ~ a O ~ H MONTA VISTA AVENUE w ~ • ' HIGHLAND ST. F- N D Z cWi~ WISTERIA PL. z 3 ~ o a x 702 South Raitt Street Exhibit 2 80B-10 Lacy Apartments Project DRAFT RELOCATION PLAN P1tEPAUED FoR C&C Development & Orange Housing Development Corporation 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 BY OVERLAND, PACIFIC & CUTLER, INC. 10 HUGHES, A207 IRVINE, CA 92618 (949) 951-5263 November 26, 2008 EXHIBIT 3 80B-11 TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION AND DESCRIPTION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. FIELD SURVEY DATA 5 1. Current Occupants 5 2. Replacement Housing Needs 5 3. Income 5 4. Ethnicity/Language 6 5. Senior/I-Iandicapped Households 6 6. Preferred Relocation Areas 6 III. RELOCATION RESOURCES 7 A. METHODOLOGY 7 B. REPLACEMENT HOUSING AVAILABILITY 7 1. Residential Rental Housing 7 2. Summary 7 C. RELATED ISSUES 7 1. Concurrent Residential Displacement 7 2. Temporary Housing 8 IV. THE RELOCATION PROGRAM 8 PERMANENT DISPLACEMENTS 8 A. ADVISORY ASSISTANCE 8 B. RELOCATION BENEFITS 10 1. Residential Moving Expense Payments 10 2. Rental Assistance to Tenants Who Choose to Rent 11 3. Downpayment Assistance to Tenants Who Choose to Purchase 13 TEMPORARY DISPLACEMENTS 13 C. PROGRAM ASSURANCES AND STANDARDS 13 D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS 14 E. LAST RESORT HOUSING 14 F. IMMIGRATION STATUS 15 G. RELOCATION TAX CONSEQUENCES 15 V. ADMINISTRATIVE PROVISIONS 16 A. NOTICES 16 B. PRIVACY RECORDS 17 C. GRIEVANCE PROCEDURES 17 D. EVICTION POLICY 17 E. CITIZEN PARTICIPATION 17 F PROJECTED DATE OF DISPLACEMENT 18 G. ESTIMATED RELOCATION COSTS 18 80B-12 LIST OF TABLES TABLE 1: 2000 Census Population -City of Santa Ana & Impacted Tract 4 TABLE 2: 2000 Census Housing units -City of Santa Ana & Impacted Tract 4 TABLE 3: Availability and Cost of Replacement Rental Housing 7 TABLE 4: Schedule of Fixed Moving Payments 11 TABLE 5: Computation of Rental Assistance Payments 12 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice EXHIBIT C: HUD Income Levels -Orange County EXHIBIT D: Residential Informational Brochure EXHIBIT E: Public Comments and Responses 80B-13 INTRODUCTION C&C Development Co. and Orange Housing Development Corporation ("the Developer") are in the processing of acquiring one property for their proposed affordable housing project, the Lacy Apartments Project in Santa Ana, CA ("the Project"). The Project site consists of .3 acres and is located at 703 N. Lacy Street. The site contains one structure housing 27 apartment units: three studio units, 15 one-bedroom units and nine two-bedroom units. Currently, 23 units are occupied, and four units are vacant. The Developer plans to rehabilitate the units, including a thorough rehab of the interior and exterior. For the interior, paint, toilets, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include repairs to the stucco, new exterior paint and new windows. There will be no structural changes during the rehabilitation, therefore 27 units will remain after the rehab with the same configuration as stated above. Units will be offered to tenants who qualify at 50% of area median income. Those tenant households, whose income level is greater than 50% of area median income, will need to be permanently relocated. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den) for one-bedroom units and a 2+1 occupancy standard (two people per bedroom and one person in an additional room such as a living room or den) for two and three bedroom units. Any current overcrowded households will be "grandfathered" and will qualify to remain within the Project in one of the rehabilitated units. The Developer anticipates funding for the Project will be the following types of funding: HOME funds and tax increment monies. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). The needs and characteristics of the permanent displacees and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). (There is also a brief description of the relocation program for the temporarily displaced tenants.) This Plan is organized in five sections: 1. Project description (SECTION I); 2. Assessment of the relocation needs of persons subject to displacement (SECTION II); 3. Assessment of available replacement housing units within the City of Santa Ana and surrounding communities (SECTION III); 4. Description of the Developer's relocation program (SECTION IV); 5. Description of the Developer's outreach efforts, Project timeline and budget (SECTION V). 80B-14 I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) ~ _ ..... ` ~ ,, v 91 I I ~': i ~ ~ - r- _.~4._ ~__ ~~ ,-.- ,~ C G~ L e I e ve -91 _ - .... ~ Srerra Peak -t- _ - ~ s coin Ate' _ ---•~~ °'- ! i R Ball d 57 ? i , 3a'~ D' e ~ r _ _ ~ _ ' ~ ~ - ~ d~l~ G ~ V Z2 ~-~ ~~- ~ Sheriff's Dept .i -1 i _ ~, Vrlkige a 1 h 703 N St Sent Ana CA 92701 ~ r y Park ''~_-,. hrroe PBrat ~ t: er e ~ ~ e t;~ -- _ l.im~p~s e Aver ! , ~ f ~~~~.. ~_ `~~ ? t 4-~--~-- - ~ a ~ o o F ~-.- i Tn ~ _ '~ _~ T ., ~' = Park eolsa puce ~ ~ ~ ~ h ; j E~wgicaf ` , If ~ve _ ~~_ " 1 ,' ~. \~' _ ~.zai'r j Reserve _ ar field" ve ,~ ~ b y~~l,({~..._ ~ ~ 'm ,p _ ~ t ~ ' E 1fT . J ~ A a ~ - ~ ~ \ Q - - ~. ~ _ X55. ,~p,~ ~~ --i „`~ ~,G ~~'"~I 1 ~ ~ ~r ~ ~! S s Forl{e ~ ~A~s~tt~jtV~o ~ ~,__ ___~¢ ~ ~~ ~H~I ~, , ~~1r u ~ -{ ~, w~wPiorr' .~,- ~ 1 ~ ~ ~ag~a Las k i ~~x / Park Pte. ~~, 73. \ ~ ~°°.:~",: '= -~' Cr~rshl Care I _ State Park ~y~ + ~ ~ i{ _ i_; I Sr-!f of Santa CatatiMa ~~~,, _~ ii, Co ri ht©2005 Microsoft Cor . andlor its su tiers. All ri hts reserved. a>ch ~ °~~ ; 'til Figure 1: Regional Project Location 2 80B-15 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on N. Lacy Street generally bordered by E. 6th Street to the south, N. Minter Street to the west, E. Civic Center Drive to the north and Garfield Street to the east. (See Figure 2: Project Site Location) -Santa }~I'Id $~~ ~~~ ~~ 9 ,~, ~ `~. ~ ~, ~~ E nth __~t _ __ Co ri ht O 2005 Microsoft Cor . andlor its su liars. All ri hts reserved. Figure 2: Project Site Location 3 80B-16 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 744.OSBlock 1004 is 220 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 744.05 1004 % City Total Po ulation 220 100.0% 337,977 100.0% White 136 61.8% 144,425 42.7% Black or African American 0 0.0% 5,749 1.7% American Indian or Alaska Native 0 0.0% 4,013 1.2% Asian 0 0.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 72 32.7% 137,360 40.6% Two or More Races 12 5.5% 15,492 4.6% His anic or Latino (of Any Race) 212 96.4% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - Ci of Santa Ana & Im acted Tract Type Tract 744.05 1004 % City Total Occu ied Units 44 100% 73,002 97.9% Owner-Occu ied 3 6.8% 36,005 49.3% Renter-Occu ied 41 93.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy (of Total Vacant Units) 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi ratory, occasional use) 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 4 80B-17 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, a personal interview was conducted with the residential occupants by Developer staff in November 2008. Inquiries made of the tenant concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. After repeated Developer attempts (in writing and in person) to interview the tenants and collect income documentation, tenants in three of the 23 occupied units did not participate in the interview process or comply with the income qualification process. These three tenant households will be permanently displaced with no relocation assistance and are not a part of this Relocation Plan. B. FIELD SURVEY DATA 1. Current Occupants There are four residential households to be permanently relocated for the Project that may be eligible for relocation assistance and are the subjects of this Plan. At the time of the interviews, the households consisted of nine adults and eight children (17 years or younger). The Developer's standard for housing density for the permanent displacees allows two persons per bedroom and one person in the common living area (2+1 occupancy standard). Based on this criterion and available tenant data, there are two overcrowded households. Replacement housing referrals to the occupants of these dwellings will reflect the need for larger accommodations. 2. Replacement Housing Needs Replacement housing needs, as expressed in this plan, are defined by the total number of required replacement units and distribution of those units by bedroom size. The projected number of required units by bedroom size is calculated by comparing survey data for household size with the Developer's replacement housing occupancy standards. These standards, generally, allow for up to three persons in aone-bedroom unit, five persons in atwo-bedroom unit, seven persons in athree-bedroom unit and eight or more persons in afour-bedroom unit. The replacement units required for the Project occupants include: one studio apartment, one one- bedroom apartment unit and two three-bedroom apartment units. 3. Income Information regarding gross household income was provided by all four eligible households to be displaced. According to income standards for the County of Orange (Exhibit C) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD): all four households qualify as Low income (51 %-80% of area median income). 80B-18 4. Ethnicity/Language All four households (100%) reported Hispanic as their ethnicity and Spanish as their preferred language. Advisory services and notices will be provided in Spanish and English. 5. Senior/Handicapped Households There are no senior households (62 years or older) to be displaced, and no households reported a disability or handicap. 6. Preferred Relocation Areas All four households prefer to remain in the Santa Ana community in order to maintain current access to employment, family and schools. 80B-19 III. RELOCATION RESOURCES A. METHODOLOGY For residential housing, a resource survey was conducted to identify available rental units initially beginning within afive-mile radius from the Project site. The following sources were utilized: -- Classified rental listings from local newspapers and For Rent publications -- Contacts with real estate/property management companies serving the community -- Internet sources of rental opportunities B. REPLACEMENT HOUSING AVAILABILITY 1. Residential Rental Housing The rental replacement housing survey considered units for rent in Santa Ana. This data is summarized in Table 3 below. Table 3: Availabili and Cost of Re lacement Rental Housin # of Bedrooms Studio One Three # Found (# Needed) 11 (1) 42 (1) 14 (2) Rent Ran e $650 - $1,395 $825 - $1,000 $1,335 - $1,800 Median Rent $850 $950 $1,600 The median rent amount shown in the table is among the figures used to make benefit and budget projections for the Plan. This amount is, naturally, subject to change according to the market rates prevailing at the time of displacement. 2. Summary Considering the above described availability of replacement housing resources gathered over a two-week period, it appears that there are more than adequate replacement resources for the residential occupants. But, while adequate replacement resources exist, based on survey results of rental opportunities and the tenants' current rent, the tenant occupants will likely have a slight increase in monthly rent. Possible increases, if any, will be met through the Developer's obligation under the relocation regulations, including Last Resort Housing (LHR) requirements. (See Section IV, E). C. RELATED ISSUES 1. Concurrent Residential Displacement There are no current public projects causing significant residential displacements underway in Santa Ana which would compete with the Project for needed housing resources. No residential displacee will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. 7 80B-20 IV. THE RELOCATION PROGRAM The Developer's Relocation Program is designed to minimize hardship, be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program to be implemented by the Developer will conform with the standards and provisions of the State of California Relocation Assistance Law, Government Code, Section 7260, et. seq., the California Code of Regulations, Title 25, Chapter 6, as amended January 1, 1998, the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), as appropriate. PERMANENT DISPLACEMENTS The Developer has retained Overland, Pacific & Cutler, Inc. (OPC), amulti-lingual consulting firm, to administer the Relocation Program for the permanent displacees. OPC has worked on more than 2,900 public acquisition and relocation projects over the past 28 years. Experienced Developer staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations and interpretations of Developer's policy. Eligible individuals, who need to permanently move from their existing home, will receive relocation assistance. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Advisory assistance services are intended to: • inform displacees about the relocation program • help in the process of finding appropriate replacement accommodations • facilitate claims processing • maintain a communication link with the Developer • coordinate the involvement of outside service providers To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, OPC staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; 8 80B-21 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. (See Exhibit D) 3. Determine the needs of each displacee eligible for assistance; 4. Provide residential displacee with at least one, and preferably three, referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe and sanitary -electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin. (d) The monthly rental rate is within the financial means of the displaced residential tenant 5. Maintain an updated database of available housing resources, and distribute referral information to displacees for the duration of the Project; 6. Provide transportation to the residential displacee, if necessary, to inspect replacement sites within the local area; 7. Replacement housing shall be inspected by Developer's staff to assure it meets decent, safe and sanitary standards as described in the URA; 8. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 9. Assist eligible occupants in the preparation, and submission, of relocation assistance claims; 10. Provide additional reasonable services necessary to successfully relocate occupants; 11. Make benefit determinations and payments in accordance with applicable law and the Developer's adopted relocation guidelines; 9 80B-22 12. Assure that no occupant is required to move without a minimum of 90 days written notice to vacate; 13. Inform all persons subject to displacement of the Developer's policies with regard to eviction and property management; 14. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Developer's decisions with respect to relocation assistance; and 15. Provide assistance that does not result in different or separate treatment based on or due to an individual's sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status. B. RELOCATION BENEFITS Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of a personal interview and follow-up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of the federal guidelines, and Developer rules, regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the Developer's normal administrative procedures. Specifically, tax increment monies will be used to pay relocation benefits. HOME funds will not be used to pay relocation benefits. The Developer will process advance payment requests to mitigate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month's rent and/or security deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All residential occupants to be permanently relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room-count schedule. a. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re- connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. 10 80B-23 b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in (a), above. The current schedule for fixed moving payments is set forth in Table 4 following: TABLE 4: Schedule of Fixed Moving Payments (effective as of 8-22-08) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 2. Rental Assistance to Tenants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant households must rent or purchase and occupy decent, safe, and sanitary replacement dwellings within one year from the date they move from their displacement dwellings. Based upon the available data regarding Project displacees, the displaced households may qualify for, and may be eligible to apply for, relocation benefits under URA provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42-month period and limited to a maximum of $5,250 as stated under URA guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household (see Exhibit D). Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: 11 80B-24 (i)The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: (ii)The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Developer. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (iii)Thirty percent (30%) of the displaced person's average, monthly gross household income, if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. (HUD's Survey is shown as Exhibit C.) If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 5 portrays the benefits determination under the URA: TABLE 5: Example Computation of URA Rental Assistance Payments 1.Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (if Low Income) 3. Lesser of lines i or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Estimated Utilities or 5. Compazable Rent $775 Determined by Developer (includes estimated utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract line 3 from line 6 8. Rental Assistance $4,200 Multiply line 7 by 42 months 12 80B-25 3. Downpayment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378). A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the Developer funds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household's occupants and income. TEMPORARY DISPLACEMENTS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each studio and one-bedroom household will receive a fixed payment of $625 for the move into a temporary unit on-site as well as $625 for the move back into a rehabilitated unit. Each two-bedroom household will receive $800 for each move. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. All temporarily displaced households will also be eligible fore advisory services provided by the Developer. C. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate all displaced households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 13 80B-26 D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer no later than 18 months after the date of displacement. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2. Developer staff will review all necessary documentation including, but not limited to, scopes-of-service, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; Required claim forms will be prepared by OPC staff and presented to the claimant for review. Signed claims and supporting documentation will be returned to relocation staff and submitted to the Developer; 4. The Developer will review and approve claims for payment, or request additional information; 5. The Developer will issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacee will be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; Receipts of payment and all claim material will be maintained in the relocation case file. E. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person's average monthly income, Last Resort Housing will have to be provided. Therefore, if the Project is to go forward, the Agency will authorize its funds or funds authorized for the Project to provide housing of last resort. Funds will be used to make payments in excess of the monetary limit specified in the statute ($5,250); hence, satisfying the requirement that "comparable replacement housing" is available. 14 80B-27 A displaced tenant household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person's average monthly income (financial means) or when a tenant fails to meet the 90-day occupancy requirement and comparable replacement rental housing is not available within the displaced person's financial means. Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90- day occupancy requirement will be based solely on household income. Non 90-day qualifiers must meet basic eligibility requirements applied to all other displacees. The Agency, at its discretion, may opt to pay Last Resort Housing payments in installments or in a lump sum. Recipients of Last Resort rental assistance, who intend to purchase rather than re- rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling. F. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will authorize the payment of relocation assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal status. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Developer. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. 15 80B-28 V. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project site occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) the General Information Notice, 2) the Notice of Relocation Eligibility, and 3) the Ninety-Day Notice. The General Information Notice (GIN) is intended to provide potential relocatees with a general written description of the Developer's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. (See Exhibit B) The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. A GIN was delivered to the tenant shortly before the initial interview for this Plan. A Notice of Relocation Eligibility (NOE) will be distributed to each residential relocatee. The NOE to the residential relocatee contains a determination of eligibility for relocation assistance and a computation of a maximum entitlement based on information provided by the affected household and the analysis of comparable replacement properties undertaken by relocation staff. The NOE will be issued to any eligible permanent displacee, once the property has been secured by the Developer and the Project funding is in place. No lawful occupant will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90-day notice will either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a further notice indicating, at least 60 days in advance, the specific date of the required move. The 90-day notice will not be issued to any residential displacee before a comparable replacement dwelling has been made available. In addition to the three principal notices, Developer staff will issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1) are eligible for monetary benefits, 2) have moved from the acquired property, and 3) have not filed a claim for benefits. Reminder Notices will be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive relocatees no later than within the last six months prior to the filing expiration date. 16 80B-29 B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without the consent of the displacee or the Developer. Developer staff will comply with federal regulations concerning the safeguarding of relocation files and their contents. C. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. Specific details for the Developer's appeals policy will be furnished upon request. D. EVICTION POLICY Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. 17 80B-30 E. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the Project area occupants, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; 5. The inclusion of written or oral comments concerning the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body for approval. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that the earliest 90-day Vacate Notices will be issued is May 2009. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project, including a 10% contingency, is $49,000. The estimated relocation budget does not include any payments related to property acquisition. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section IV, E, of this Plan to meet its obligation under the relocation regulations. 18 80B-31 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80B-32 EXHIBIT B GENERAL INFORMATION NOTICE 80B-33 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED November 14, 2008 Dear Resident: The Property Owner is interested in rehabilitating the property you currently occupy at 703 N. Lacy St., Santa Ana, CA 92701, for a proposed project which may receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). The purpose of this notice is to inform you that you will not be displaced in connection with the proposed project (See details below). If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions (See details below). If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: This is not a notice to vacate the premises. This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to accommodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 31 ] ,Tustin, CA 92781 (714)731-7313 Sincerely, Barry A. Cottle 80B-34 GUIDEFORM GENERAL INFORMATION NOTICE de Inquilinos Residenciales no desplazados 14 de Noviembre de 2008 Estimado Residente: El dueno de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direction 703 N. Lacy St., Santa Ana, CA 92701 para un proyecto que esta propuesto y que posiblemente recibira asistencia de fondos del U.S Department of Housing and Urban Development (HUD) El propoeito de este aviso es para informarle que usted no sera desplazado en conexion con este propuesto proyecto (Vea detalles abajo). Si la aplicacion para el proyecto es aprobada y asistencia de fondos federales es proporcionada, es posible que usted sea requerido a mudarse temporalmente hasta que la rehabilitation se cumpla. Si tiene que mudarse temporalmente, una vivienda adecuada sera disponible y usted sera rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su renta y cumplir con todos los otros terminos y condiciones de su contrato de inquilino. Cuando la rehabilitation se cumpla, usted podra alquilar y ocupar el mismo apartamento u otro apartamento adecuado que sea detente, seguro y sanitario en el mismo edificio / complejo bajo terminos y condiciones razonables (Vea detalles abajo). Si asistencia de fondos federales es proporcionada para el propuesto proyecto, usted sera protegido por una ley federal conocida como la Ayuda Uniforme de Reurbanizacion y Acto de Politicas de Adquisicion de Bienes Raices (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mas de un ano. Si el desplazo temporal se extiende mas de un ano, usted sera contactado y dado una oferta de asistencia de reubicacion permanente tal como una persona desplazada bajo de la URA. Esta asistencia sera en adici6n a la asistencia que recibira en conexion con el desplazo temporal y no sera reducido por la cantidad de asistencia que usted recibio anteriormente. Usted tambien tendra el derecho de apelar la determination de la agencia, si usted siente que su aplicacion para asistencia no fue considerada propiamente. En caso que sus ingresos sobrepasen los niveles del propuesto proyecto, usted puede ser elegible para benelicios de reubicacion permanente que incluyen pero no son limitados a: Los servicios de consejo, referencias a viviendas comparables de reemplazo y asistencia financiera para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mas alta importancia que recibamos su cooperation en nuestra inspection y evaluation de sus necesidades en completar la certification de ingresos incluida con esta Carta. Le pedimos que no se mude de su vivienda. Si elige mudarse, no recibira asistencia de reubicacion. POR FAVOR RECUERDE: Este NO es un aviso de desalojo Este NO es un aviso de elegibilidad para beneficios de reubicacion Usted sera contactado pronto para poder proporcionarle mas information acerca del propuesto proyecto. Si el proyecto es aprobado, haremos cads esfuerzo para acomodar sus necesidades. Por to pronto, si tiene alguna pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 3l 1, Tustin, CA 92781 (714)731-7313 S inceramente, Barry A. Cottle 80B-35 EXHIBIT C HUD INCOME LIMITS -ORANGE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level. Area Median Income: $84,100 Family Size Extremely Low Very Low Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37,200 59,500 3 Person 25,100 41,850 66,950 4 Person 27,900 46,500 74,400 5 Person 30,150 50,200 80,350 6 Person 32,350 53,950 86,300 7 Person 34,600 57,650 92,250 8 Person 36,850 61,400 98,200 Figures are per the Department of Housing and Urban Development (California), February 19, 2008. 80B-36 EXHIBIT D RESIDENTIAL INFORMATIONAL BROCHURE 80B-37 FtelocatiQn ~4ssistance Informational Statement for Families and Individuals (Federal) Displacing Agencv: C&C Development Co. and Orange Housing Development Corp. Proiect Name: Lacy Apartments Project Displacing Agencv Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92630 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures -Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Spanish speaking representatnres are le. Si necesita seta. infonnaci6n an sspanol, por favor llama a:su representable. 80B-38 ~nformat~onaf Statement for Families and fndividua[s {Federal) 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). 80B-39 For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check and other related moving fees. Fixed Moving Schedule CALIFORNIA Effective 2008 Occupant owns furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Each additional room $225 Occupant does NOT own furniture: 1 room $400 Each additional room $65 B. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. 4. REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over aforty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. 80B-40 5. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. Mortgage Interest Differential -The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. Incidental Expenses -Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: For a tenant, the date you move from the displacement dwelling. For an owner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. 80B-41 All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down- payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 O 1) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 80B-42 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another parry any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. 80B-43 Asistencia de Reub~Eacion Fol~eto de [nformac+on Pura PamiNas a Irx~v~d~uos Relocation Assistance infortna#iatai Statement for Families and individuals (Federal) Agencia de Desplazamiento: C&C Development Co. And Orange Housing Development Corp. Nombre del Proyecto: Lacy Apartments Project Representantes de la Agencia de Desplazamiento: Overland, Pacific & Cutler, Inc. 10 Hughes, A207 Irvine CA Telefono: (800) 901-5263 Contenido del Folleto de Informacion: 16. Informacion General 17. Ayuda para Encontrar Unidad de Reemplazo 18. Beneficios de Mudanza 19. Pago de Reemplazo de Vivienda - Inquilinos y Ciertos Otros 20. Inquilinos de Seccion 8 21. Pago de Reemplazo de Vivienda - Duenos 22. Requisitos para Llena Reclamos de Reubicacion 23. Pago de Ultimo Recurso 24. Contrato de Renta 25. Evicciones 26. Procedimientos de Apelaci6n - Agravio 27. Condicion de Impuestos sobre Beneficios de Reubicacion 28. Requisitos de Presencia Legal 29. No-Discriminacion Y Vivienda Justa 30. Informacion Adicional y Asistencia Disponible ~ repntati~s an3 avaikable. Si necesrta seta infon~nacibn en ice, por favor Dame a su repres®ntante. 80B-44 Falleto de Informacion para Familial a lndviduos ~~der~!} 1. INFORMACION GENERAL La vivienda en el que usted vive esta en un area de proyecto que va a ser mejorada, o financiada por, la Agenda de Desplazamiento usando fondos federales. Si y cuando el proyecto prosiga, y es necesario que usted se mude de su vivienda, usted podria ser elegible para recibir ciertos beneficios. Usted sera notificado con tiempo de la fecha en que tendra que mudarse. Por favor lea esta Informacion, ya que le ayudara a determinar su elegibilidad y la cantidad de los beneficios de reubicacion que usted puede recibir bajo la ley federal. Usted necesitara proporcionar Informacion adecuada y a tiempo para determinar sus beneficios de reubicacion. La Informacion es voluntaria, pero si no la provee, usted no podria recibir los beneficios o pudiera demorar el pago. Le sugerimos que guarde este folleto de Informacion para su referenda. La Agenda de Desplazamiento ha contratado los servicios de la compania Overland, Pacific & Cutler, Inc. (OPC), para proveerle asistencia de reubicacion. La empresa esta a su disposition para explicarle el programa y los beneficios. Su direction y numero de telefono se encuentran en la portada de este folleto. POR FAVOR NO SE MUDE ANTES DE TIEMPO. ESTE NO ES UN AVISO PARR DESOCUPAR SU VIVIENDA. Sin embargo, si usted desea mudarse antes de to requerido, usted debe ponerse en contacto con la empresa Overland, Pacific & Cutler, Inc., para que no pierda ninguno de sus beneficios. Este es unicamente un folleto de information general y no tiene la intention de proporcionar una description detallada ni de la ley ni de los reglamentos relacionados que pertenecen al programa de asistencia de la Agenda de Desplazamientos. Por favor siga pagando su renta mensual al dueno de la propiedad en la cual usted vive. Si no paga su renta, usted puede ser desalojado de su vivienda y puede perder sus derechos de reclamar beneficios de reubicacion. Una vez que la Agenda se convierta en dueno de la propiedad, sera necesario que usted siga pagando su renta a la Agenda. 2. AYUDA PARA ENCONTRAR UNA UNIDAD DE REEMPLAZO La Agenda de Desplazamiento, por medio de sus representantes, to asistira en localizar una vivienda de reemplazo comparable proveyendo referencias de unidades de vivienda apropiadas y disponibles. Es importante tambien que usted se mantenga activo buscando tal vivienda. Cuando la vivienda de reemplazo sea encontrada, su consultante de reubicacion llevara acabo una inspection y le avisara si la unidad llena los requisitos de una vivienda que es detente o razonable, Segura y limpia. Una unidad de vivienda razonable, Segura y limpia debe proveer un espacio adecuado para sus ocupantes, estar a prueba de mal temporal y de un sistema adecuado de calefaccion, plomeria y electricidad. Su vivienda de reemplazo debe pasar la inspection antes de la autorizacion de pagos de beneficio. 80B-45 3. LOS BENEFICIOS DE MUDANZA Si usted tiene que mudarse debido a un proyecto de la Agenda de Desplazamiento, usted recibira un pago para asistirlo a mover su propiedad personal. Los gastos reales, razonables y necesarios de mudanza pueden estar detenninados basados en las siguientes formas: Un Pago Fijo de Mudanza basado en el numero de cuartos que usted ocupa (ver abajo); o Un pago por su Mudanza Actual Razonable y Gastos Relacionados basados al menos en dos estimados escritos o cobros recibidos; o Una combinacion de ambos. Por ejemplo, puede escoger mudarse por si mismo, recibiendo un pago basado en el Costo Fijo de Mudanza Residencial mostrado abajo, mas el costo de mudanza profesional para transportar objetos que requieren cuidado especial como un piano de cola y/u otros. En este caso, podria haber un ajuste en el numero de cuartos que califiquen bajo La Tabla de Costo Fijo de Mudanza Residencial. A. Pago Fijo de Mudanza (Mudanza por Si Mismo) Un Pago Fijo de Mudanza esta basado en el numero de cuartos que ocupa y si usted es dueno de muebles o no. El pago esta basado en una lista aprobada por la Agenda de Desplazamiento, que es desde, por ejemplo, $400.00 por un cuarto amueblado hasta $2,150.00 por ocho cuartos en una vivienda sin muebles (ocupante dueno de muebles). (Para detalles vea la tabla). Su representante de reubicacion le informara de la cantidad que usted recibira al ser elegible si usted escoge este tipo de pago. Si usted escoge el Pago Fijo de Mudanza, usted sera responsable de los arreglos de su propia mudanza, y la Agenda de Desplazamiento no asumira ninguna Pago Fyo de Mudanza CALIFORNIA Efectivo 2008 Ocupante due no de muebles: 1 cuarto $625 2 cuartos $800 3 cuartos $1,000 4 cuartos $1,175 5 cuartos $1,425 6 cuartos $1,650 7 cuartos $1,900 8 cuartos $2,150 Cada cuarto adi cional $225 responsabihdad por perdidas o Banos a su propiedad personal. Un pago fijo tambien incluye la conexion de utilidades, la revision de credito y otros gastos relacionados a la mudanza. C. Gastos Actuates de Mudanza (Mudanza Comercial) Si usted desea contratar los servicios de una compania profesional de mudanza y quiere que la Agenda de Desplazamiento pague la factura, usted puede reclamar el costo ACTUAL de la mudanza de propiedad personal hasta una distancia de 50 millas. Su representante de reubicacion le informara del numero de presupuestos estimativos que podrian ser requeridos y le ayudara a desarrollar un plan que la Agenda de Desplazamiento pueda aprobar. 4. PAGO EN REEMPLAZO DE VIVIENDA - INQUILINOS Y CIERTOS OTROS Inquilinos y Buenos ocupantes pueden ser elegibles por un pago hasta de $5,250.00 para ayudarlo con el alquiler o la compra de una vivienda de reemplazo comparable. Para calificar, debe de ser un inquilino que ha ocupado la vivienda presente por al menos 90 digs inmediatamente antes de la 80B-46 iniciacion de negociaciones o un dueno que ha ocupado su vivienda entre 90 y 180 digs inmediatamente antes de la iniciacion de negociaciones. A. Asistencia de Rents. Si usted desea rentar su vivienda de reemplazo, sus beneficios maximos se basaran en la diferencia sobre un periodo de cuarenta y dos (42) meses entre la rents que tiene que pagar por una vivienda de reemplazo comparable, y to menor de la rents actual o un treinta por ciento (30%) de los ingresos mensuales si su total de ingreso en bruto son clasificados como de "bajos ingresos" por la Encuesta Anual del Departamento de Vivienda y Desarrollo Urbano (HUD) de los Estados Unidos, con respecto a los Limites de Ingresos pars la Vivienda Publics y Programas de Section 8. Usted tends que proveer a su representante de reubicacion la verification de su rents a ingreso mensual antes que se determine la elegibilidad de su pago. -o- B. Asistencia de Pago de Enganche. Si usted califica, y desea comprar una Casa como una vivienda de reemplazo, usted puede solicitar la cantidad total de su pago de rents pars un pago de enganche sin ningun otro costo. Su representante de reubicacion le explicara los procedimientos necesarios pars solicitar este tipo de pago. 5. INQUILINOS CON SECCION 8 Cuando usted se mude, usted podria ser elegible de transferir su elegibilidad de Seccion 8 a un lugar de reemplazo. En tales casos, una vivienda comparable sera determinada basada en la composition de su familia al tiempo del desalojo y en el criterio actual del programs de viviendas. Es posible que la unidad de vivienda no sea del mismo tamano como la que ahora ocupa. Su representante de reubicacion le proveera con servicios de consejeria y de asesoramiento junto con los beneficios de mudanza. 6. PAGO DE REEMPLAZO DE VIVIENDA - DUENOS A. Si usted es dueno y ocupa una vivienda que va ser comprada por la Agenda de Desplazamiento por to menos por 180 dias antes del inicio de las negociaciones, usted podria ser elegible a recibir un pago de hasta $22,500.00 pars ayudarlo en la comps de una vivienda de reemplazo. Este pago cubre to siguiente: 1. Diferencial Del Precio de Compra -Una cantidad que, cuando agregada a la cantidad por la cual la Agenda compro su propiedad, es menor al costo actual de su vivienda de reemplazo; o la cantidad determinada por la Agenda de Desplazamiento como sea necesario pars comprar una vivienda de reemplazo comparable. Su representante de reubicacion le explicara ambos metodos en detalle. 2. Pago de Diferencial de Interes Hipotecario - Un pago que cubre el costo del aumento en los intereses, si hubiera alguno, pars financiar una vivienda de reemplazo. Su representante le explicara las condiciones limitadas. 3. Gastos Incidentales - Estos son los costos imprevistos de ocurren una vez relacionados con la Compra de una unidad de reemplazo, tales como: pago por servicios de cuenta de plica (escrow), pago de inscription y del reporte de credito. Los gastos recurrentes al comprar una propiedad como los pagos prepagados de impuestos y de primas de seguro no son compensables. 80B-47 B. Opcion de Asistencia de Rents - Si usted es un dueno-ocupante y elige rentar en vez de comprar una vivienda de reemplazo, usted puede ser elegible para un pago de asistencia de rents por toda la cantidad que pudiera haber recibido bajo la clausula de Diferencia en el Precio de Compra, descrito arriba. El pago esters basado en la diferencia entre to que es la rents del mercado de vivienda que ocupa y la rents que usted debe pager por una vivienda de reemplazo comparable. Si usted recibe un pago de asistencia de rents, como descrito arriba, y despues decide comprar una vivienda de reemplazo, usted podria solicitar un pago que es igual a la cantidad que hubiera recibido si inicialmente hubiera comprado una vivienda de reemplazo comparable, menos la cantidad que ya recibio como pago de asistencia de rents. 7. REQUISITOS PARR LLENAR RECLAMOS DE REUBICACIbN Para calificar para un Pago de Reemplazo de Vivienda, usted tiene que rentar o comprar una vivienda de reemplazo comparable dentro de un aiio de to siguiente: Para un inquilino, la fecha que se mude de la vivienda de desplazo. Para un dueno-ocupante, to que ocurra mss tarde de: a. La fecha cuando reciba el pago final por la unidad de desalojo, o, en caso de un procedimiento de expropiacion o confiscacion, la fecha cuando la cantidad total estimada como compensacion juste sea depositada en Corte; o b. La fecha en que la Agenda de Desplazamientos cumpla con su obligacion de proveerle una vivienda de reemplazo comparable. Todos los reclamos de reubicacion deben ser presentados a la Agenda de Desplazamiento dentro de dieciocho (18) meses de la fecha en que usted reciba el pago final por su propiedad, o de la fecha cuando usted se mude de la propiedad, cualquiera que de estas que ocurra mss tarde. 8. PAGOS DE ULTIMO RECURSO Si no hay viviendas comparables de reemplazo disponibles cuando a usted tenga que mudarse, o si las viviendas de reemplazo no estan disponibles dentro de los limites monetarios ya citados, la Agenda le dare asistencia de ultimo recurso para que puede rentar o comprar una vivienda de reemplazo a tiempo. La Asistencia de Ultimo Recurso esta basada en las circunstancias individuales del desplazado. Su representante de reubicacion le explicara el proceso para determiner si usted califica o no para tal tipo de asistencia. Si usted es un inquilino, y elige comprar en vez de rentar una vivienda de reemplazo comparable, la cantidad total de sus beneficios de asistencia de rents y su elegibilidad de Ultimo Recurso seran aplicados en el enganche y en los gastos incidentales elegibles de la vivienda que usted esta intentando comprar. 80B-48 9. CONTRATO DE RENTA En el caso que usted pase a ser un inquilino de la Agenda de Desplazamiento como resultado de la action de la Agencia de comprar la vivienda donde usted vive, se le pedira a usted que firme un contrato de renta el cual especificara la renta mensual que tendra que pagar, cuando se vence la renta, donde tiene que pagarla y otra information pertinente. 10. EVICCIONES Las evicciones por causa deben ser aplicables y conformarse a la ley Estatal y local. Cualquier persona, que ocupa la propiedad y no esta en tenencia ilicita en la fecha de la iniciacion de negociaciones, se asume que tiene derechos a los beneficios de reubicacion, al menos que la Agenda de Desplazamientos determine que: • La persona recibio una aviso de eviccion antes de la iniciacion de negociaciones y, como resultado, posteriormente fue desalojada; • La persona es desalojada despues de la iniciacion de negociaciones por serias o repetidas violaciones de los terminos del contrato; • E1 desalojo no fue llevado a cabo con el proposito de evadir los reglamentos de asistencia en reubicacion. Excepto por las causas de eviccion descritas arriba, ninguna persona que legalmente ocupa una propiedad de la Agenda es requerida a cambiarse si no tiene un aviso escrito por los menos de 90 digs. 11. PROCEDIMIENTOS DE APELACION - AGRAVIO Cualquier persona con una queja por una determination de elegibilidad en un pago de reubicacion o de la cantidad de un pago, puede pedir que su reclamo sea revisado o reconsiderado de acuerdo con el procedimiento de apelaciones establecido. Los detalles completos de procedimientos de apelacion estan disponibles solicitandolos a la Agenda. 12. CONDICION DE IMPUESTOS SOBRE BENEFICIOS DE REUBICACION El Codigo del Gobierno de California, Section 7269 indica que ningun pago de reubicacion debe ser considerado como ingreso para el proposito de Ley de Impuestos de Ingresos Personales, Parte 10 (comenzando con la Seccion 170 O1) de la Division 2 del Codigo de Ingresos a Impuestos, o la Ley de Impuestos para Bancos y Corporaciones, Parte 11 (comenzando con la Seccion 23001) de la Division 2 del Codigo de Ingresos a Impuestos. Ademas, las regulaciones federales (49 CFR Parte 24, Seccion 24.209) tambien indican que ningun pago recibido bajo esta parte (Parte 24) debera ser considerado como ingreso para el proposito del Codigo de Ingresos Internos de 1954, el cual ha sido redestinado como el Codigo de Ingresos Internos de 1986. Las declaraciones anteriores no son ofrecidas como consejo legal con respecto a consecuencias de impuestos, y los desplazados deben consultar con su propio consejero de impuestos o un consejero legal para determinar el estado actual de tales pagos. (Declaration de la Circular del IRS 230: Para asegurar cumplimiento de los requisitos de impuestos por el IRS, le informamos que ningun consejo de impuestos contenido en esta comunicacion 80B-49 (incluyendo cualquier anexo) no ha tenido la intention o fue escrito para ser usado, y no puede ser usado, para el proposito de (i) evadir multas relacionadas con impuestos bajo el Codigo de Ingresos Internos o (ii) para promover mercadeo o recomendar a algun individuo a asuntos explicados en la presente) 13. REQUISITO DE PRESENCIA LEGAL Para poder ser elegible de recibir beneficios de reubicacion por proyectos de reubicacion financiados con fondos federales, todos los miembros de la vivienda a ser desplazados deben de proporcionar information con relation a su presencia legal en los Estados Unidos. A cualquier miembro de la vivienda que no este legalmente residiendo en los Estados Unidos o se rehusa a proporcionar esta information, se le podria negar los beneficios de reubicacion, al menos que tal ilegibilidad resultara en una dificultad inusual exceptional y extremosa para el conyuge, padre, o hijo del que no esta legal, y que cualquiera de epos es un ciudadano o alguien que ha sido admitido para residencia permanente. Las dificultades inusuales, excepcionales y extremosas son definidas como significantes cuando muestran un impacto adverso en la salud o la seguridad, una existencia continua de la unidad familiar, y cualquier otro impacto determinado por la Agenda de Desplazamientos que pueda afectar negativamente al esposo/a, padre o hijo del que no esta legal. Los beneficios de reubicacion seran calculados de acuerdo al numero de miembros de la familia con presencia legal certificada en los Estados Unidos. 14. NO-DISCRIMINACION Y VIVIENDA JUSTA A ninguna persona por motivos de raza, color, origen national o sexo se le excluira de participation, no se le negara a recibir beneficios, o se le sujetara a discrimination bajo el programa de asistencia de reubicacion de la Agenda de Desplazamiento de acuerdo con el Titulo VI del Acta de Derechos Civiles de 1964, con el Acta de Derechos Civiles de 1968 del Titulo VIII, y de acuerdo con otras leyes de anti-discrimination y vivienda justa estatales y federales aplicables. Usted podria someter una queja si usted tree que has sido sujeto a discrimination. Para obtener mas detalles, por favor comuniquese con la Agenda de Desplazamiento. 15. INFORMACION ADICIONAL Y ASISTENCIA DISPONIBLE Los responsables de proveer asistencia de reubicacion esperan ayudarle en todas las formas posibles para minimizar la dificil tarea de reubicacion a una nueva casa. Su cooperation sera de mucha ayuda y gratamente apreciada. Si tiene preguntas durante el proceso de reubicacion, no dude en comunicarse con su representante de reubicacion de Overland, Pacific & Cutler. ~:~1 ~ 1~ EXHIBIT E PUBLIC COMMENTS AND RESPONSES 80B-51 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE RAITT APARTMENTS PROJECT PREPARED FOR C&C Development & Orange Housing Development Corporation 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 BY OVERLAND, PACIFIC & CUTLER, INC. 10 HUGHES, A207 IRVINE, CA 92618 (949) 951-5263 November 24, 2008 EXHIBIT 4 Overland, Pacific & Cutler, Inc. 80B-52 INTRODUCTION C&C Development Co. and Orange Housing Development Corporation ("the Developer") is in the processing of acquiring one property for their proposed affordable housing project, the Raiff Apartments Project in Santa Ana, CA ("the Project"). The Project site consists of .2 acres and is located at 702 S. Raiff Street. The site contains one structure housing 10 one- bedroom apartment units. Currently, all 10 units are occupied. The Developer plans to reconfigure and rehabilitate the units, including a thorough rehab of the interior and exterior. For the interior, new drywall, paint, insulation, kitchen cabinets, toilets, bath tubs, shower enclosures, sinks, garbage disposals, and vinyl flooring will be installed or replaced. Work on the exterior will include new roofs, repairs to the stucco, new exterior paint and new windows. Eight units will remain after the rehabilitation has been completed: four one-bedroom units, two two-bedroom units and two three-bedroom units. Units will be offered to tenants who qualify at 50% of area median income. Those tenant households, whose income level is greater than 50% of area median income, will need to be permanently relocated. In addition, even if all tenant households "income qualify" to remain within the Project, because two units will be lost for the expansion of several units, two households will be permanently displaced regardless. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den) for one-bedroom units and a 2+1 occupancy standard (two people per bedroom and one person in an additional room such as a living room or den) for two and three bedroom units. Any current overcrowded households will be "grandfathered" and will qualify to remain within the Project in one of the rehabilitated units, unless they are one of the two households to be displaced due to the reduction in number of units. As of this date, the Project will cause the permanent displacement of two residential households. The needs and characteristics of the permanent displacees and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The dwellings, which are the subject of this Plan, are located on Raiff Street and in the area generally bounded by W. Willits Street, S. Western Avenue, W. Wisteria Place and S. Townsend Street in the City of Santa Ana, as illustrated on the Project Site Maps shown in Attachment 1. The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines Overland, Pacific & Cutler, Inc. 80B-53 adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). Overland, Pacific & Cutler, Inc. ("OPC"), an experienced relocation consulting firm, has been selected to prepare this Residential Antidisplacement and Relocation Assistance Plan (the "Plan"). OPC will provide all required relocation assistance to the tenant households, who will be permanently displaced. In compliance with statutory requirements, this Relocation Plan has been prepared to primarily evaluate the present circumstances and replacement requirements of the permanent displacees. (A brief description of the relocation assistance, for which the temporarily displaced tenants will be eligible, will also be included.) Overland, Pacific & Cutler, Inc. 80B-54 RESIDENTIAL ANTIDISPLACEMENT PLAN Background Part of the relocation planning process requires that grantees receiving federal CDBG, Section 108 loan funds or HOME assistance must assure that they have taken all reasonable steps to minimize the displacement of persons as a result of activities assisted with these funds. The Developer will be applying for, and hopes to use, HOME funds for the proposed Project. Consequently, the entire Project, including its initial and subsequent phases, is subject to HUD regulations governing relocation and minimization of displacement. These regulations are found in Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)] and implementing regulations at 24 Code of Federal Regulations, Part 42. After an extensive search to find properties, which would minimize the need to displace/relocate individuals and could be purchased at an economically feasible price, Developer staff concluded that the proposed site would result in the least amount of residential displacement and meet the other criteria. The amount of relocation has been reduced to two permanent residential displacements. Thus, displacement of residential occupants is avoided to the extent possible. One-for-One Replacement Units The Developer will replace all occupied and vacant occupiable lower income housing demolished or converted to a use other than lower income housing in connection with funds provided under the HOME loan program. All replacement housing will be provided within four years after the commencement of the demolition or conversion. Before entering into a contract committing the Developer to provide funds for a project that will directly result in demolition or conversion, the Developer will make public by publication in a newspaper of general circulation and submit to HUD the following information in writing: 1. A description of the proposed assisted project; 2. The address, number of bedrooms and location on a map of lower income housing that will be demolished or converted to a use other than as lower income housing as a result of an assisted project; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. To the extent known, the address, number of bedrooms and location on a map of the replacement housing that has been or will be provided; 5. The source of funding and a time schedule for the provision of the replacement housing; Overland, Pacifzc & Cutler, Inc. 80B-55 6. The basis for concluding that the replacement housing will remain lower income housing for at least ten years from the date of initial occupancy; 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with two I-bedroom units), is appropriate and consistent with the needs and priorities identified in the approved Comprehensive Housing Affordability Strategy (CHAS). To the extent that the specific location of the replacement housing and other data in Items 4 through 7 above are not available at the time of the general submission, the Developer will identify the general location of such housing on a map and complete the disclosure and submission requirements as soon as the specific data are available. The Santa Ana Redevelopment Agency is responsible for tracking the replacement of lower income housing and ensuring that it is provided within the required period. Overland, Pacific & Cutler, Inc. ("OPC") is responsible for processing claims to provide relocation payments and for providing other relocation assistance to any lower income person displaced by the demolition of any housing or the conversion of lower income housing to another use. Consistent with the goals and objectives of activities assisted under the Housing and Community Development Act of 1992 as well as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Developer will provide relocation assistance to displaced occupants as described in this Relocation Plan. Overland, Pacific & Cutler, Inc. ~:~1 RELOCATION PLAN This Relocation Plan has been prepared in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (Uniform Act). In addition, because the project has utilized HOME funds administered by the U. S. Department of Housing and Urban Development (HUD), permanent relocation benefits may exceed the amount calculated under the Uniform Act, and instead, be calculated as dictated by Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. In order to attain its overall development goals for the Project, it is the Developer's intention to provide a fair and equitable relocation program for all eligible Project displacees. No displacement activities will take place prior to the required reviews and approval of this Plan. A. METHODOLOGY AND ASSESSMENT OF NEEDS To obtain information necessary for the preparation of this Plan, personal interviews were conducted with the Project occupants by Developer staff in November 2008. At the time of the interviews, there were 10 occupied tenant households, and the Developer was successful in interviewing all ten households. Inquiries made of the residential occupants included household size and composition, ages of occupants, rental and income information, length and type of occupancy, ethnicity, language first spoken in the home, disabilities/health problems, and preferences related to replacement housing and location. All information of a statistical nature supplied by the occupants was validated by documentary evidence required to comply with relocation qualifying criteria. At the time of this Plan, we had received written income documentation from the Developer for all ten households. Income level is a determining factor as far as whether a household will be permanently or temporarily displaced. OPC made assumptions and based our results on the written documentation received from the Developer and the verbal responses of the tenants, and determinations were made as of the date of this Plan. Again, the remainder of this Plan will primarily address the data and needs of the two households to be permanently displaced. B. FIELD SURVEY DATA -ASSESSMENT OF NEEDS The information gathered at the time of the preparation of this Plan is included in the table below, which shows some of the household characteristics and needs of the households displaced. Overland, Pacific & Cutler, Inc. 80B-57 TABLE 1: PROJECT HOUSEHOLDS' CHARACTERISTICS Income Composition Current Current Bedrooms Elderly/ Language Category Adults/Children Rent Bedrooms Needed Physically (Ages of Children) Disabled L (2) (2) $850/mo. 1 2 No Spanish EL (1) (0) $850/mo. Section 8 1 1 Yes Spanish Demographics for the Project area in general are provided in Attachment 2. C. PROJECT OCCUPANCY/OVERCROWDING For purposes of determining whether overcrowding conditions exist, an occupancy standard of two persons per sleeping room plus one person in anon-sleeping room was utilized. Based on that occupancy standard, one household to be permanently displaced is overcrowded. Replacement housing referrals to the occupants of this dwelling will reflect the need for larger accommodations. D. REPLACEMENT HOUSING RESOURCES One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and sanitary housing prior to the displacement of residential occupants. In order to adequately relocate the Project households, one two- bedroom non-Section 8 unit and one one-bedroom Section 8 unit will be required. A housing survey was made during the third week in November 2008 to identify available comparable, decent, safe and sanitary units available for rent in close proximity to the Project site. Based on the results of that survey, it appears that comparable replacement dwelling units are available to meet the needs of the households, who will be permanently displaced. Table 2 below outlines the resource study and shows the number of available units and their corresponding rents. TABLE 2: Availability and Cost of Replacement Rental Housing Bedroom Size One (Section 8) Two # Found (# needed) 10 (1) 22 (1) Rent Range Voucher $950-$1,300 Market Median Rent N/A $1,200 Overland, Pacific & Cutler, Inc. ~i~~ ~ ~~ E. CONCURRENT RESIDENTIAL DISPLACEMENT Based on the needs of the Project, there are no concurrent displacements, which may impact the ability to relocate the displaced households. F. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate each affected household. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be permanently displaced without 90 days advance written notice and unless "comparable" replacement housing can be made available. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe and sanitary -electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin. (d) The monthly rental rate is within the financial means of the displaced residential tenant The relocation program to be implemented by the Developer conforms to the standards and provisions set forth under the Uniform Act and implementing regulations at 49 CFR Part 24 and by Section 104(d) of the Housing and Community Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)]. Overland, Pacific & Cutler, Inc. ~~~~ ~ J G. RELOCATION ASSISTANCE PROGRAM OPC staff is available to assist the displaced households with questions about relocation and/or assistance in relocating. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households permanently displaced. Close personal contact will be maintained with each household. Specific activities will include: Distribute appropriate written information concerning the Developer's relocation program, including the Informational Statements included as Attachment 3; 2. Fully inform eligible project occupants of the nature of, and procedures for, obtaining relocation assistance and benefits; 3. Determine the needs of each displacee eligible for assistance, including any special needs of the elderly and disabled; 4. Provide an adequate number of referrals to comparable, decent, safe and sanitary housing units, including special facilities needed for the elderly or disabled; 5. Provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 7. Assist each eligible residential occupant to complete applications for benefits. 8. Make benefit determinations and payments in accordance with federal and the Developer adopted relocation guidelines; 9. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Developer's decisions with respect to relocation assistance. H. PERMANENT RELOCATION BENEFIT CATEGORIES It is anticipated that two residential tenant households displaced by the Project may be eligible for permanent relocation benefits. Eligible tenant occupants will be eligible for Rental Assistance and Moving Expense Payments. Permanent relocation benefits will be paid upon submission of required claim forms and documentation in accordance with Overland, Pacif c & Cutler, Inc. ~:~~ = ~~~ approved procedures. Last resort housing payments will be made in at least two installments. The Developer will provide appropriate benefits for the permanently displaced households as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be determined based on the cost of one, or a combination of the following methods: 1) Commercial Move - a move performed by a professional mover. Displaced occupants may elect to have a licensed, professional mover perform the move; if so, the Developer will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household with proper supporting documentation. Utility reconnections include gas, water, electricity, and telephone. 2) Self Move -Displaced occupants may perform aself--move in one or a combination of the following methods: a) Fixed Residential Moving Cost Schedule -based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be determined according to the most recent Fixed Residential Moving Cost Schedule approved by the Federal Highway Administration and available in Attachment 4. b) Actual cost move - supported by receipted bills for labor and equipment. Hourly labor rates and equipment rental fees may not exceed the cost estimated by a commercial mover. Rental Assistance For Tenant Occupants To be eligible to receive rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under URA provisions or Section 104(d). Rental Assistance Payments will be calculated based upon the monthly housing need over a 60 month period for eligible occupants whose income level does not exceed 80% of the median income for the County of Orange, as established by the United States Department of Housing and Urban Development (HUD). Recipients of 104(d) benefits would also be eligible to receive reimbursement for security deposit and credit check fees. Except in the case of Last Resort Housing situations, payments to those households whose income level exceeds 80% of the area median income will be payable over a 42 month Overland, Pacific & Cutler, Inc. 80B-61 period and limited to a maximum of $5,250 as stated under URA guidelines. The differences between the two programs are explained in detail in the informational brochures provided to each household (see Attachment 3). Table 3 portrays the benefits determination under the URA: TABLE 3: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (for Low Income Households) 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Utilities or 5. Comparable Rent $775 Determined by Developer (includes utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 by 42 months Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Developer. For owner- occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or Overland, Pacifzc & Cutler, /nc. 80B-62 (ii) Thirty percent (30%) of the displaced person's average, monthly gross household income if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Attachment 5. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities Table 4 provides an example of how a 104(d) rental assistance eligibility amount is determined: TABLE 4: Example Computation of 104(d) Rental Assistance Payments 1. Adjusted Gross Income $700 30% of Household's Monthly Adjusted Gross Income* -or- 2. Gross Income $400 10% of Gross Monthly Household Income 3. Greater of lines 1 and 2 $700 Total Tenant Payment Subtracted from the lesser of: 4. Actual New Rent $795 Actual New Rent (includes utilities) -or- s. Comparable Rent $815 Set by Developer (includes utilities) 6. Lesser of lines 4 and 5 $795 7. Monthly Need Amount $95 Subtract line 3 from line 6 Rental Assistance $5,700 Multiply line 7 (Monthly Need) by 60 months *Adjusted gross income means the total annual Income of an indrndual household less the toiiowmg: (1) a deduction of $480 for each dependent; (2) a deduction of $400 for an elderly household; (3) a deduction for recurring extraordinary medical expenses; defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. Last Resort Housing Payments There is adequate "comparable replacement housing" available to meet the needs of the Project occupants, according to the housing survey. However, a combination of factors, Overland, Pacific & Cutler, Inc. 80B-63 including the income levels of the tenants, low Project rents, and the higher cost of replacement dwellings, will create the need for Last Resort Housing. A displaced person is entitled to Last Resort Housing assistance when, in a single residential case, the computed total of rental assistance eligibility exceeds $5,250 or the replacement housing payment exceeds $22,500. This type of situation is likely to develop among low- income or large families, or in environments where project area rents are particularly low, or where property values for the displacement dwellings are significantly lower than the comparable replacement dwellings. Downpavment Assistance Payment to Tenants who Purchase Residential tenants, who are otherwise eligible to receive the Rental Assistance Payment described above, may choose to receive a lump sum payment equal to forty-two (42) months of rental subsidy (including Last Resort Housing benefits) to purchase a new home. Displacees who qualify for the 60-month calculation, and who want to convert their rental assistance entitlement to down payment assistance, must purchase a cooperative or mutual housing-type replacement home. If a conventional home is purchased, the rental assistance/down payment assistance payment is converted to a 42-month calculation per the URA. I. TEMPORARY RELOCATION BENEFIT CATEGORIES The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). Advisory Assistance Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; Overland, Pacific & Cutler, Inc. 80B-64 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. Temporary Relocation Benefits All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each one-bedroom household will receive a fixed payment of $625 for the move into a temporary unit on-site as well as$625 for the move back into a rehabilitated unit. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. J. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously by the Developer. Claims and supporting documentation for relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. Procedures for preparing and filing of claims and processing and delivering of payments are attached as Attachment 6. Relocation staff will inspect any replacement units to verify that they meet all the standards of decent, safe, and sanitary as defined in Section 24.2 (a) (8) of the Uniform Act. No household will be entitled to a rental assistance or replacement housing payment, if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. K. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: Overland, Pacific & Cutler, Inc. 80B-65 (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days ofNotice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. L. APPEALS POLICY The appeals policy will follow the standards described in section 24.10 of the Uniform Act. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The Developer has an appeal's procedure in place, including a reasonable time limit for the filing of an appeal, a prompt written response to any appeal and review of the appeal by a senior Developer staff member or his/her authorized designee, as long as the reviewer was not directly involved in the action appealed. Specific details regarding the appeals policy will be furnished upon request. M. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation monitoring the relocation assistance occupants, neighborhood groups an relocation committee; in reviewing the relocation plan and program; including the Project area d community organizations forming a Overland, Pacific & Cutler, Inc. ~:~~ = :~. 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; Include written or oral comments concerning the Plan and the Developer's response as an attachment when it is forwarded to the appropriate governmental body for approval. N. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will authorize the payment of relocation assistance benefits to alien residents from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal status. If 104(d) rules apply to a household, based on the procurement of HOME funds for the proposed Project, legal presence in the United States is not required in order to receive eligible relocation assistance and benefits. O. PROJECTED DATE OF DISPLACEMENT All displaced occupants will receive a 90-day notice to vacate before they are required to move. The earliest these notices are expected to be issued is May 2009. P. ESTIMATED RELOCATION COSTS The estimate of total relocation payments for two permanently displaced households and eight temporary relocations, including a 10% contingency, is $32,000. This estimated relocation budget does not include relocation administrative services or provision for any other services necessary for the implementation of the Plan and Project. Overland, Pacific & Cutler, Inc. 80B-67 TABLE OF ATTACHMENTS Attachment 1: Project Site Maps Attachment 2: Demographics of the Project Area Attachment 3: Residential Informational Brochures -Uniform Act and 104(d) Attachment 4: Fixed Moving Payment Schedule Attachment 5: HUD Income Limits -Orange County Attachment 6: Relocation Payment Policy Regarding Procedures for Payment of Relocation Claims Overland, Pacific & Cutler, Inc. ~~~~ ~ ~i~ ATTACHMENT 1: PROJECT SITE MAPS Figure 1: Regional Project Setting ;_ _. ~ - ~_ ~ ~ - ~` + ~~rucenea I ~ ` .~.- ~`~-- - o, ,..r~~ i t ,v ,,y ' ?fie ~ _. YV .~~, ~ .~5"" Rsi i 4' ~ $ ~q~1 P4R._ r~ ~ q ~ - Lps. _ K~t_ele Ave t ~7~ 7 E 1 _ ~~ ~ ~ ~ I - __ r ~ Rzr ' • ~~ uaon ova ~ ~ ! I .. X55, `` sn~rnrkoa,l ~~ .__Nb Ayq sler QhM I~~ ~ ,. r ~ -- ~ ~ _',~~`~;. •,. Thy, . ",~ ~. Orlfery PAlk ~~~ Ave ~ ~ ~ '. ;~. ]a1; dif ~ r - c\ ~ ~! i ~ rr~ ~ ~ v ~ n __. ~ i ,a -. __ 1 `~ s RMervO ~ , ~.~' i- f ~Nln~l --tk fµ~t ~~ F 1 i , ~l a A/ ~ iaa r aer¢~ i a ~~ ~r'~' ~ 1', ~~ lako Fof ~ ~t°'~~ ~~-~~ ~*~ ~- ~ 1 Co ri ht®2005 Microsoft Cor andlor its su Hers All Ms r ervetl. _ - Figure 2: Project Site Location = K - ~ V, ~ S ~. V ~ w wiuits sc Raymar St _.. Mang Si a' m >, .'-' AIR S Rett St. Srts Ane~ CA 927M~ a nia Ysta Aw ~ Sanq.Mi -g-1 ¢3 -- Highland-SY S. N W Wisteria pi h m~ ¢' Overland, Pacific & Cutler, Inc. 80B-69 ATTACHMENT 2: DEMOGRAPHICS OF THE PROJECT AREA According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1:2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % City Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino (of Any Race) 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - Ci of Santa A na & Im acted Tract Type Tract 748.06 1006 % City Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occu anc of Total Vacant Units 0 0.0% 700 44.1% Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rato ,occasional use) 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 80B-70 ATTACHMENT 3: INFORMATIONAL STATEMENTS -URA & 104(D) RelQeation Assis#ance informational Sta~emsnt _ for Families and in~~uidal (Federal) Displacing Agency: C&C Development Co. and Orange Housing Development Corporation Project Name: Raitt Apartments Project Displacing Agency Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92618 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment -Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment -Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures -Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available 'speaking ~ aro axailable. & r~eceaita sate informaci6n en eapa0,o1, Poc favor Name a as , repreaentante. 80B-71 Informational Statement for Families and Individuals ._~ 1=ederalj 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. W e suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary 80B-72 expenses for moving your household belongings may be determined based on the following methods: A Fixed Moving Payment based on the number of rooms you occupy (see below); or A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or A combination of both (in some cases). For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation representative will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, Scht~ CALIFORNIA (~ff~ctiv~e 2008 Occupant owns furniture: 1 room $625 2 rooms $800 3 rooms $1,000 4 rooms $1,175 5 rooms $1,425 6 rooms $1,650 7 rooms $1,900 8 rooms $2,150 Each additional room $225 Occupant does NOT own furniture: 1 room $400 Each additional room $65 and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check and other related moving fees. B. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. 4. REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. 80B-73 A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over aforty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential -The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses -Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market 80B-74 rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7 QUALIFICATION FOR AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: For a tenant, the date you move from the displacement dwelling. For an owner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS 80B-75 Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 O1) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse 80B-76 impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti- discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. 80B-77 Retocalt~o~ /~SS#snC ~nformationa! Sta~ternent For ~amiti~s and lndiv~cluals (Federal -Section 104(d)) Displacing AQencv: C&C Development Agency Co. and Orange Development Corporation Proiect Name: Raiff Apartments Project Displacing AQencv Representative: Overland, Pacific 8~ Cutler, Inc. 10 Hughes, A207 Irvine, CA 92618 Phone: (800) 901-5263 Informational Statement Content: 1. Generallnformation 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment 5. Current Housing Choice Voucher Tenants 6. Qualification For And Filing Of Relocation Claims 7. Rental Agreement 8. Evictions 9. Appeal Procedures -Grievance 10. Tax Status of Relocation Benefits 11. Lawful Presence Requirement 12. Non-Discrimination and Fair Housing 13. Additional Information And Assistance Available Spanish speaking repres~tativea are available. Si necesita eats infom~i6n ~- espaaol, pot favor ll~ne a su rePresentante. 80B-78 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. This brochure describes the relocation payments and other relocation assistance provided under section 104(d) of the Housing and Community Development Act of 1974 (section 104(d)) to eligible persons displaced from their homes. Persons eligible for assistance have the option of declining the section 104(d) assistance and receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), if they decide that it is in their best interest. To be eligible for relocation assistance under section 104(d), you must be alower-income person (family or individual) and must move as a direct result of the "conversion" or demolition of your dwelling unit for a project in which Federal Community Development Block Grant (CDBG), Section 108 Loan Guarantee, or HOME Investment Partnerships funds are used. "Lower-income" means that your income does not exceed 80% of the median income for the area as established by the U.S. Department of Housing and Urban Development (HUD). Generally, "conversion" means that before the project, your unit had a "market rent" at or below the HUD Fair Market Rent (FMR) standard, and, after the project, the market rent exceeds the FMR, or the unit was converted to a nonresidential use. HUD determines the FMRs for use in its programs. The levels vary by metropolitan area and by the size of the unit. 80B-79 The Displacing Agency will determine whether you qualify as alower-income person and if your home will be demolished or "converted." If you do not qualify for section 104(d) assistance, you may be eligible for relocation assistance under the URA. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or A combination of both (in some cases); and • Other Moving Expenses depending on program requirements For example, you may choose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. Fixed Moving Sched A. Fixed Moving Payment (Self Move) CALIFORNIA (E~ective 2(10$) A Fixed Moving Payment is based upon the Occupant Owns Furniture: number of rooms you occupy and whether or 1 room $625 not you own your own furniture. The payment 2 rooms $800 is based upon a schedule approved by the 3 rooms $1,000 Displacing Agency, and ranges, for example, 4 rooms $1,175 from $400.00 for one furnished room to 5 rooms $1,425 $2,150.00 for eight rooms in an unfurnished 6 rooms $1,650 dwelling. (For details see the table). Your 7 rooms $1,900 relocation representative will inform you of the grooms $2,150 amount you are eligible to receive, if you Each additional room $225 choose this type of payment. If you select a Occupant Does NOT Own fixed payment, you will be responsible for Furniture: arranging for your own move, and the 1 room $400 Displacing Agency will assume no liability for Each additional room $65 any loss or damage of your personal property. A fixed payment also includes utility hook-up and other related moving fees. C. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. C. Other Moving Expenses Under the Section 104(d) program, payment of a security deposit required to rent a replacement dwelling and any credit check required to rent or purchase a replacement unit are eligible expenses. Also, interim living costs, when required as a result of the planned relocation program are eligible. 4. REPLACEMENT HOUSING PAYMENT You may be eligible for a payment to assist in renting or purchasing a comparable replacement dwelling. If so, you may choose assistance under section 104(d) or under the URA. For most lower-income tenants, the amount of assistance provided under section 104(d) is greater. A. Section 104(d) Rental Assistance If you are eligible, you will receive assistance based on estimated needs for a period of 60 months. The Agency may offer you that assistance in cash or under the Housing Choice Voucher (HCV) Program. The Agency will tell you which option it is providing to you. • Cash Rental Assistance. A household's "need" for rental assistance is computed by subtracting the highest of the following calculations from the rent and estimated average monthly utility costs for your new home (or a comparable replacement home, if that cost is lower): 1. 30 percent of the household's monthly adjusted income, 2. 10 percent of the household's monthly gross income, or 3. The welfare rent allowance (where designated). That monthly need, if any, is multiplied by 60, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Example: Let's say that your family's adjusted monthly income is $600, and the monthly rent and estimated average utility costs for the comparable replacement home to which you move are $350. In this case, your monthly need would be $170 [$350 - $180 (30 percent of $600)]. Multiplying this amount by 60 results in $10,200 of rental assistance. • Housing Choice Voucher (HCV) (section 104(d)). You may be offered a HCV. If so, you will also be referred to comparable replacement homes where the owner will accept the voucher. If the rent and estimated average monthly utility costs for both the 80B-81 comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify for cash assistance to cover the gap for 60 months. Advantages of HCV Assistance. The HCV assistance may continue for as long as you have a need. Unlike cash assistance, HCV assistance is recomputed each year to reflect changes in your income, rent or the cost of utilities. While cash assistance will terminate at the end of 60 months, HCV assistance may continue to be available after the 60-month period ends if you still qualify as slower-income person. B. URA Rental Assistance URA rental assistance is computed by subtracting the "base monthly rent" for your present home from the rent and average monthly cost of utilities for your new home (or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 42, to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Generally, the base monthly rent for your present home is the lesser o£ (1) the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your gross monthly household income (if you are low-income based on I-IUD income limits). Examples: Let's say that the monthly rent and average cost for utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly gross income is $700. In this case, your "base monthly rent" would be $210 because you are low-income and that amount (30 percent of your income) is less than the monthly cost of rent and utilities at your present home ($250). If you rent a replacement home for $360 per month, including estimated average monthly utility charges, you will receive $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the cost for a comparable replacement home ($350)). • If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the "base monthly rent" for your present home ($210) and the actual cost of your new home ($310)). C. Purchase Assistance If you buy, rather than rent, a replacement home, you may be eligible for assistance to make a down payment. The amount depends on the type of housing that you buy. Section 104(d) purchase assistance is limited to mutual housing and cooperative housing. If you wish to purchase a house that is not mutual or cooperative housing, your purchase assistance would be provided under the URA. 80B-82 Section 104(d) Purchase Assistance. If you buy a replacement home which is mutual or cooperative housing, you may be eligible for assistance based on the present value of the monthly payments you would receive if you rented a comparable replacement home for 60 months. Remember, the monthly payment is generally determined by subtracting 30 percent of your adjusted income from the monthly rent and estimated average monthly utility costs for a comparable replacement home. Example: Assuming the information in the prior section 104(d) example and a 4 percent return on passbook savings, the purchase assistance would be $9,231. Remember, your net monthly contribution is $180, and the monthly rent and estimated average monthly cost of utilities for a comparable replacement home total $350. The monthly difference is $170. The present value of 60 monthly payments of $170, discounted at 4 percent, is $9,231. The full amount of the payment must be applied to the purchase of the mutual or cooperative housing that you buy. URA Purchase Assistance for Renters. URA assistance to make a down payment is equal to the amount you would receive if you had rented a comparable replacement home (42 times the amount obtained by subtracting the "base monthly rent" for your present home from the monthly rent and estimated average monthly cost of utilities for a comparable replacement home). Remember, URA assistance is not limited to mutual housing or cooperatives. Example: Assuming the information in the prior URA examples, the assistance for a down payment would be $5,880. That amount is 42 times $140 (the difference between the "base monthly rent" for your present home ($210) and the monthly rent and estimated average monthly utility costs for a comparable replacement home ($350)). The full amount of the payment must be applied to the purchase of your new home. 5. CURRENT HOUSING CHOICE VOUCHER TENANTS If you are currently using a Housing Choice Voucher (HCV), when you do move, you may be eligible to transfer your HCV eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. If the rent and estimated average monthly utility costs for both the comparable replacement home and the unit to which you relocate exceed the voucher "payment standard," you will qualify for cash assistance to cover the gap based on the assistance option chosen (URA or Section 104(d)). 6 QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: 80B-83 • For a tenant, the date you move from the displacement dwelling. • For an owner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 7. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 8. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 9. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have the claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 10. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 O1) of Division 2 of the Revenue and Taxation Code, or the Bank and 80B-84 Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 11. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects under URA, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. (Section 104(d) is not subject to this requirement.) 12. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti- discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 13. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Overland, Pacific & Cutler. 80B-85 ATTACHMENT 4: Schedule of Fined Moving Payments (effective as of 8-22-08) Unfurnished Dwelling One room $625 Two rooms $800 Three rooms $1,000 Four rooms $1,175 Five rooms $1,425 Six rooms $1,650 Seven rooms $1,900 Eight rooms $2,150 each additional room $225 Furnished Dwelling First Room $400 Each additional room $65 ~:~i : :~: ATTACHMENT 5: HUD INCOME LIMITS -ORANGE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level. Area Me~iga~` Family Size Extremely Low Very Low Lower 1 Person 19,550 32,550 52,100 2 Person 22,300 37,200 59,500 3 Person 25,100 41,850 66,950 4 Person 27,900 46,500 74,400 5 Person 30,150 50,200 80,350 6 Person 32,350 53,950 86,300 7 Person 34,600 57,650 92,250 8 Person 36,850 61,400 98,200 Figures are per the Department of Housing and Urban Development (California), February 19, 2008. 80B-87 ATTACHMENT 6: RELOCATION PAYMENT POLICY REGARDING PROCEDURES FOR PAYMENT OF RELOCATION CLAIMS Claims and supporting documentation for relocation benefits must be filed with the Developer within eighteen (18) months from the date the claimant moves from the Project site. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance. 2. Assistance amounts will be determined in accordance with the provisions of the Uniform Act or section 104(d) guidelines, as applicable. 3. Required claim forms will be prepared by relocation personnel in conjunction with claimant(s). Signed claims and supporting documentation will be submitted by relocation personnel to the Developer. 4. The Developer will review and approve claims for payment or request additional information. 5. The Developer will issue benefit checks which will be delivered to the Claimants by relocation staff, unless circumstances dictate otherwise. 6. Final payments will be issued after confirmation that the Project area premises have been completely vacated and actual residency at replacement unit is verified. 7. Receipts of payment will be obtained and maintained in the relocation case file. REPLACEMENT HOUSING PLAN Statement of Pumose and Obiective This Replacement Housing Plan is prepared in accordance with California Health and Safety Code Section 33413 and Section 104(d) of the federal Housing and Community Development Act of 2004. This project consists of the acquisition, rehabilitation, and minor configuration of one apartment building. The reconfiguration will result in the removal of the following multifamily residential units: 702 S. Raitt units 7 and 8. These units are all one bedroom in size, and are occupied by low- and moderate-income households. Therefore they are subject to replacement in accordance with the legal requirements of the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.). Replacement units will initially be made available for occupancy at any time during the period one year before the Agency's submission of the information required under the plan and ending three years after commencement of reconfiguration. Before entering into a contract committing the Community Redevelopment Agency of the City of Santa Ana to provide funds for the proposed activity that will result in removal of units from the low- and moderate-income housing market the Agency will make public by publication in a newspaper of general circulation the information listed below. Project Property Description The affected property is shown on the map attached as Attachment 1. Each property is listed by address with parcel number and number of bedrooms in Attachment 2. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33413 et seq.) all occupied and vacant occupiable units will be replaced in kind. Replacement Housin Units Attachment 3 delineates by number of bedrooms the location where the replacement units are or will be located. Income Level of Replacement Units The replacement dwelling units will be affordable and occupied exclusively by tenants with the same income levels as the persons displaced from the dwelling units that are being removed from the low-, very low- and moderate-income housing market. Therefore, all units will be made affordable to low-, very low- and moderate-income households. Funding Sources The Agency and the City of Santa Ana have committed sufficient Tax Increment funds to finance the acquisition and demolition and the required replacement units. Low/Moderate Income Assurance All agreements related to replacement housing units will contain a covenant guaranteeing units remain available at affordable housing cost to, and occupied by, person and families of low-, very low- and Exhibit 5 moderate-income for not less than 55 years for rental units and 45 years for homeownership units, as required by the Health and Safety Code Section 33413. Article 34 Compliance The replacement housing to be provided pursuant to this Replacement Housing plan does not require the approval of the voters pursuant to Article 34 of the California Constitution, in that all of the replacement housing units fall within exceptions to the definition of "low-rent housing project" in California Health and Safety Code 37001. Availability of Plan In accordance with the Community Redevelopment Law, a copy of this Replacement Housing Plan will be made available for review and comment by other public agencies and the general public during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3Td Floor, Community Redevelopment Agency, 20 Civic Center Plaza, 6`" Floor, and in the office of the City Clerk, 20 Civic Center Plaza, 8`" Floor, Santa Ana, California. Exhibit 5 RAYMAR STREET f- W ~ W W ~ W ~ W ~ ~j W H N O Z N RICHLAND ST. ~, z N 0 0 MONTA VISTA AVENUE H W ~ • ~ HIGHLAND ST. N z Z WISTERIA PL. O Q 702 South Raitt Street Attachment 1 80B-91 LIST OF UNITS TO BE REMOVED A.P.N. Address Removal Date Bedrooms Use 109-611-01 702 South Raitt, Unit 7 2009 One Multifamily Dwelling Unit 109-611-01 702 South Raitt, Unit 8 2009 One Multifamily Dwelling Unit Attachment 2 80B-92 LIST OF PROJECTED REPLACEMENT UNITS Parcel to Replace Address of Replacement Replacement APN Bedrooms Date Available 702 S. Raitt, Unit 7 834 S. Raitt 109-611-12 1 2009 702 S. Raitt, Unit 8 834 S. Raitt 109-611-12 1 2009 Attachment 3 80B-93 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF MULTI-FAMILY RENTAL HOUSING 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 Housing Authority of the City of Santa Ana (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 (commencing with Section 34200) of the Health and Safety Code of the State of California (the "Law"), to issue and sell revenue bonds for the purpose of financing the acquisition, construction, rehabilitation and development of multifamily rental housing for families and individuals of low and very low income. B. Orange Housing Development Corporation, a California nonprofit public benefit corporation, on behalf of Lacy & Raitt, L.P., a California limited partnership, or such other limited partnership or a limited liability company to be formed by Orange Housing Development Corporation, has requested the Authority to issue and sell revenue bonds in an expected principal amount of $4,500,000 (the "Bonds") pursuant to the procedures specified in the Law for the purpose of providing financing for the acquisition and rehabilitation of 38-units of multifamily rental housing located at 703 N. Lacy Street and 702 S. Raitt Street in the City of Santa Ana, California (the "Project"), located within the area of operation of the Authority. C. The Bonds will be considered to be "qualified exempt facility bonds" under Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representatives" with respect to the Authority hold a public hearing with respect to the issuance of the Bonds. D. The Authority has determined that the City Council of the City of Santa Ana is the "applicable elected representatives" to hold said public hearing. E. Notice of said public hearing has been duly given as required by the Code, and this City Council has held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing and operation of the Project and the Authority's issuance of the Bonds. F. The Project is located wholly within the geographic jurisdiction of the City. 80B-94 G. The City Council of the City of Santa Ana, as the "applicable elected representative" of the Authority, approves of the issuance of the Bonds as in the public interests of the Authority. Section 2. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 3. Pursuant to the Code, the City Council hereby approves the issuance of the Bonds by the Authority to finance the Project. It is the purpose and intent of this City Council that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with the Code. Section 4. The issuance of the Bonds shall be subject to approval by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority to the underwriter thereof. Section 5. This resolution shall take effect immediately. 2 80B-95 ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 3 80B-96 12/19/08 les RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 703 N. LACY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 703 N. Lacy Street in the City of Santa Ana ("the Property"). B. The Property is comprised of one apartment complex. The building at 703 N. Lacy Street currently has twenty seven (27) units. The building will be rehabilitated, but there will be no reconfiguration of units. Occupancy shall be restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of four households which will be displaced due to the income restrictions imposed by the Low Income Housing Tax Credit Program. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-236 will be filed for this project. Resolution No. 2009- 806-97 12/19/08 les Section 3: The City Council hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. 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. Resolution No. 2009-_ 80B-98 12/19/08 les ADOPTED this day of , 2009. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2009. Date: Clerk of the Council City of Santa Ana Resolution No. 2009- 806-99 12/19/08 les RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLANS FOR RESIDENTIAL PROPERTY LOCATED AT 702 S. RAITT STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Lacy & Raitt, L.P. with the acquisition and rehabilitation of real property located at 702 S. Raitt Street in the City of Santa Ana ("the Property"). B. The Property is comprised of an apartment complex. The building at 702 S. Raitt Street currently has ten (10) one-bedroom units. The building will be rehabilitated and reconfigured so that there will be 8 units with a mix of 1, 2, and 3, bedroom sizes, with occupancy restricted to households with annual incomes at or below 50 percent of area median income. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25, Chapter 6), the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the displacement of two households due to the reduction in the number of units after the rehabilitation and reconfiguration to larger units. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2008-221wi11 be filed for this project. Resolution No. 2009-_ 80B-100 12/19/08 les Section 3: The City Council hereby approves the relocation plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. 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. Resolution No. 2009- 806-101 12/19/08 les ADOPTED this day of 2009. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAI N NOT PRESENT Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009- 806-102