Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
FULL PACKET_2015-04-07
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 17, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:07 P.M. ATTENDANCE COUNCILMEMBERS Present: VINCENT F. SARMIENTO, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA SAL TINAJERO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:07 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: John Garcia v. CitV of Santa Ana; Workers' Compensation Appeals Board case #ADJ3095501; ADJ2240895; ADJ1161236 CITY COUNCIL MINUTES 1 OA _1 MARCH 17, 2015 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (One Case *) *Matter placed on the Agenda for legal update at the request of Mayor Pulido, pursuant to Santa Ana Charter Section 411. 3. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (4) of subdivision (d) of Section 54956.9 of the Government Code. Sycamore Parking Garage Concepts 4. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION pursuant to Section 54956.9(d) of the Government Code: (One Case) 5 CONFERENCE WITH LEGAL COUNSEL -- PENDING LITIGATION pursuant to Section 54956.9 (d) (4) of the Government Code: (One Case) United States v. Texas, Case No. B -14 -254 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: YMCA Property- -205 West Civic Center Drive Santa Ana, CA 92701 Negotiators: City Manager, David Cavazos Terms: Price and Terms of Property Disposition 7. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) CITY COUNCIL MINUTES 1 o X_n MARCH 17, 2015 Agency Negotiator: Employee Organizations City Manager, David Cavazos Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 16A-3 MARCH 17, 2015 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:09 P.M. ATTENDANCE COUNCILMEMBERS Present: VINCENT F. SARMIENTO, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (6:25 P.M.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor ANGELICA AMEZCUA STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council LAKERS YOUTH BASKETBALL TEAM DR. CURTIS E. SMITH, POLICE CHAPLAIN SPECIAL PRESENTATION - Orange County Human Relations Commission Annual Report presented by Commissioner Leticia Mata. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES in recognition of the Volunteers in Police Service (VIPS) Program. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES in recognition of the Santa Ana Response Team. PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Donate Life. CITY COUNCIL MINUTES 1 OA-4 MARCH 17, 2015 PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing National Women's History Month. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Celtics, Lakers, and Sixers Youth Basketball teams for winning the championship tournament. Celtics Coaches: Ed Raya, Ignacio Salazar; Players: Roman Arcos, Victor Gonzalez, Giovanni Gutierrez, Oscar Molina, Damian Pasillas, Alex Rodriguez, Ignacio Salazar, Anthony Sandoval, Jonathon Torres, Kyler Torres Lakers Coaches: America Robledo, Mario Alvarado; Players: Nathan Aldana, MJ Alvarado, Ethan Contreras, Isaiah Loya, Jason Machuca, Jordan Martin, Brian Reyes, Hunter Robledo, Jordan Robledo, Denzel Santamaria Sixers Coaches: Oscar Azucena, Nick Sanchez; Players: Lenny Acevedo, Joshua Azucena, Kevin A. Baltazar, David Burgos, Jessie Cuevas, Hilario Flores, Mark Gerson, Jeremy Roman, Elias Salas, Andy Zanabria CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Sandra Pena, thanked City Council for considering Agenda Item 25B — arts and culture grant program; also spoke in support of parking enhancement plans in downtown without parking increasing tickets and fees, proposed cultivation of strategic plan for bed tax increases; reported that Los Lobos recording their next album in the City. • Victor Payan, supports wellness initiative and the many programs in the community; commented that song writers inspired here in town; also, opined that businesses should not rely on alcohol to survive, City needs to celebrate quality of life. • Madeleine Spencer, noted that many businesses have closed in the months of January and February. • Philip Escobedo, thanked all for recent improvements throughout the City; concerned that proposed wellness corridor negatively impacts free open market economy - may alienate certain markets and should consider gentrification; other areas of the City should be examined as well. • Michael Kublinkin, thanked City Council for considering public comments at the beginning of the meeting; submitted report and requested that it be filed with County on corruption issues. • Smitty, member of the Civic Center Roundtable, noted that on February 20th sent out Request for Proposal for establishment of Check -In Center servicing in the Civic Center area, March 15th was deadline; April 7th will present recommendations; appreciate City's invitation to participate in process. CITY COUNCIL MINUTES 1 n5A -5 MARCH 17, 2015 CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 31C, with the following modifications: • Councilmember Martinez pulled Agenda Items 19C, 19D, 23A, 23C, and 25A for separate action. • Councilmember Reyna pulled Agenda Item 25B for separate action • Councilmember Tinajero pulled Agenda item 13D for separate action; and • Mayor Pro Tern Sarmiento request excuse absence of Mayor Pulido and Councilmember Amezcua from said meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES SECOND: Benavides Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) None (0) None (0) Amezcua, Pulido (2) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 3, 2015 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA MINUTES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and File NAME MEETING DATE Development and Transportation 9/30/2014, 11/6/2014, 2/26/2015 Finance, Economic Development & Technology 1/27/2015 CITY COUNCIL MINUTES 1 OA_c MARCH 17, 2015 13B. NOMINATED BY MAYOR PULIDO AS THE CITY -WIDE REPRESENTATIVE TO COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION MEMBER {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council MOTION: Reappoint Monica O. Garcia to the Community Redevelopment and Housing Commission for a two -year term, expiring December 13, 2016. 13C. NOMINATED BY COUNCILMEMBER REYNA AS THE WARD 5 REPRESENTATIVE TO THE YOUTH COMMISSION (REGULAR MEMBER) FOR A FULL TERM EXPIRING DECEMBER 13, 2016 (STRATEGIC PLAN NO. 5, 1) — Clerk of the Council MOTION: Appoint David Barnes Martinez to the Youth Commission (Regular Member) for a full term expiring December 13, 2016. Councilmember Reyna rescinded consideration of appointment. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION; Approve as follows: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: John Garcia v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ3095501; ADJ2240895; ADJ1161236; Settlement Agreement in the amount of $148,000. (Approved by a vote of 4 -0, Amezcua, Pulido, and Tinajero absent). 2. CONFERENCE WITH LEGAL COUNSEL -- PENDING LITIGATION pursuant to Section 54956.9 (d) (4) of the Government Code: (One Case) United States v. Texas, Case No. B -14 -254; Council approved City of Santa Ana joining as Friends of the Court brief. (Approved by a vote of 4 -0, Amezcua, Pulido, and Tinajero absent). 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Mayor Pulido and Councilmember Amezcua from the March 17, 2015 City Council meeting. CITY COUNCIL MINUTES 1 A-7 MARCH 17, 2015 MOTION: Martinez SECOND: Reyna VOTE: AYES: Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Pulido (2) 19C. STRATEGIC PLAN MONTHLY REPORT FOR FEBRUARY 2015 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. MOTION: Martinez SECOND: Reyna VOTE: AYES: Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Pulido (2) 19D. GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT {STRATEGIC PLAN NO. 5, 3B) - Planning and Building Agency MOTION: Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development (HCD). MOTION: Martinez SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Pulido (2) 19E. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES {STRATEGIC PLAN NO. 6, 1, B & F) - Public Works Agency CITY COUNCIL MINUTES 1 O A-8 MARCH 17, 2015 MOTION: Authorize the Public Works Agency to release a Request for Proposals for Street Tree Maintenance Services for parkway and street median trees. BUDGETARY MATTERS PROJECTS /CHANGE ORDERS MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -155 - Recognizing $110,700 in Bicycle Transportation Account grant funds into the Select Street Construction revenue account and appropriating the same to the Select Street Construction Expenditure account. 2. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $684,671 for the construction of a traffic signal at Raiff Street and Adams Street; a Class II bike lane on First Street from Newhope Street to Harbor Boulevard; and a Class II bike lane on Newhope Street from Westminster Avenue to Fifth Street. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $855,800. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: 23,6. REQUEST FOR TIP TRANSPORTATION SECOND: Benavides Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) None (0) None (0) Amezcua, Pulido (2) CITY COUNCIL MINUTES 1 dA-9 MARCH 17, 2015 IMPROVEMENTS (PROJECT NO. 116740, NON - GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1, G; & 3, 2, C) - Public Works Agency MOTION: Authorize the Public Works Agency to request a two -year time extension of the construction funding deadline to June 30, 2017 for the Measure M2 Comprehensive Transportation Funding Program /Project O for the Bristol Street Improvements between Washington Avenue and Seventeenth Street. MOTION: Martinez SECOND: Reyna VOTE: AYES: Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Amezcua, Pulido (2) 23C. REQUEST FOR TIME EXTENSION OF MEASURE M2 GRANT FUNDS FOR SAFE TRANSIT STOPS PROJECT (PROJECT NO. 156343, NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1, G) - Public Works Agency MOTION: Authorize the Public Works Agency to request a one -year time extension of the Measure M2 Project W construction funding deadline to June 30, 2016 for the Citywide Safe Transit Stops project. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS SECOND: Tinajero Benavides, Martinez, Reyna, Sarmiento, Tinajero (5) None (0) None (0) Amezcua, Pulido (2) 25A. AGMT NO. 2015 -039 - COMPREHENSIVE FINANCIAL AUDIT SERVICES {STRATEGIC PLAN NO. 7, 5, q - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Macias Gini & O'Connell, LLP (MGO), subject to non - substantive changes approved by the City Manager and City Attorney, to exercise its option for MGO to provide comprehensive financial audit CITY COUNCIL MINUTES 104-10 MARCH 17, 2015 services to include fiscal year ending June 30, 2015; for MGO to perform the necessary audit service relating to the implementation of Governmental Accounting Standards Board (GASB) Statement No. 68; and for MGO to provide an agreed upon procedure audit of the City's Indirect Cost Allocation in accordance with the Office of Management and Budget (OMB) Final Guidance on Grant Reform. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Amezcua, Pulido (2) Arts and Culture Commission approved recommended action on February 26, 2015, by a vote of 7 -0. MOTION: 1. Authorize the Community Development Agency to release the Investing in the Artist Grant Opportunity application and the Arts and Culture Commission to evaluate and select applications for awards in the amounts of $5,000 and $10,000. 2. Authorize the City Manager and the Clerk of the Council to execute grant agreements with the selected applicants, subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Reyna, Sarmiento, Tinajero (4) Martinez (1) None (0) Amezcua, Pulido (2) CITY COUNCIL MINUTES 1 OA-1 1 MARCH 17, 2015 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL POLLO NORTENO RESTAURANT LOCATED AT 1327 EAST FIRST STREET - EDUARDO HERNANDEZ, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on February 23, 2015, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -50. 31 B. CONDITIONAL USE PERMIT NO. 2014 -53 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 828 PHO RESTAURANT AT 220 WEST FIRST STREET, SUITE 103 - YEN DANG, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 4) - Planning and Building Agency Planning Commission approved recommended action on February 23, 2015, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -53. 31 C. CONDITIONAL USE PERMIT NO. 2015 -02 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2015 -03 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M. AT EQEKO CAFE LOCATED AT 309 WEST THIRD STREET - KAHROBA AYAZI, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 4) - Planning and Building Agency Planning Commission approved recommended action on February 23, 2015, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES A O 12 A n MARCH 17, 2015 BUSINESS CALENDAR COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT STAFF TO PREPARE A RESOLUTION CALLING ON CONGRESS TO UPDATE SECTION 4 OF THE CIVIL RIGHTS ACT TO ENABLE THE DEPARTMENT OF JUSTICE TO REVIEW CHANGES IN VOTING LAWS THAT THREATEN THE ABILITY OF CITIZENS TO CAST A BALLOT FOR CANDIDATES OF THEIR CHOICE — Councilmember Martinez, Mayor Pro Tern Sarmiento and Sal Tinajero MOTION: Direct staff to prepare a resolution for Council consideration at the April 7, 2015 City Council meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: WORK STUDY SESSIONS SECOND: Tinajero Benavides, Martinez, , Sarmiento, Tinajero (5) None (0) None (0) Amezcua, Pulido and Reyna (3) WS -A. CITY MANAGER TRIAL BUDGET FOR FISCAL YEAR 2015/2016 {STRATEGIC PLAN NOS. 4, 2A} - Finance & Management Services and City Manager's Office Community Budget Outreach - Presented by: David Cavazos, City Manager Topics that will be covered • City Governance • Importance of the Sunshine Ordinance • Importance of a Budget • Budget Process • Structure of the budget and funds • Fiscal Year 2014 -2015 2nd Quarter review • Fiscal year 2015 -2016 Trial Budget • Strategic Plan Update • Capital Improvement Program City Governance CITY COUNCIL MINUTES 1 0A_1 3 MARCH 17, 2015 • Mayor and City Council • Appointed City Attorney • Appointed Clerk of the Council • Appointed City Manager • Department Heads appointed by City Manager, ratified by City Council Importance of the Sunshine Ordinance • Overall goal is Transparency Updated the City Website: • 9 years of budget information • Quarterly budget updates • 10 years of audited financials • Miscellaneous Fee Schedules • Capital Improvement Program • All presentations on -line • Conduct Budget Outreach meetings • Includes Trial Budget Review, Strategic Plan Update and Capital Improvement Program • Strategic Plan monthly updates on -line • All RFPs & bids are posted on -line • 2014 -15 New initiatives: Monthly Financials & Online Open Checkbook Importance of a Budget • A budget helps understand the choices we make with money. • Preparing a budget is an important step and tool towards financial stability. • Always more programs & services than what the allocated funds can sustain. City Charter Requirement (Santa Ana City Charter) • Sec. 604 - Budget Preparation by the City Manager. In preparing the proposed City budget, the City Manager shall review the financial plans submitted, hold conferences thereon with the office, agency and department heads, respectively, and revise such plans as he may deem advisable. • Sec. 605 — Submission to the City Council. On or before the fifteenth (15th) day of June of each year, the City Manager shall recommend and submit to the City Council a proposed budget for the next ensuing fiscal year and a proposed appropriation ordinance as prepared by him • Sec. 607 — Further Consideration and Adoption. On or before the thirty -first (31 st) day of July the City Council shall adopt the budget with revisions, if any, by the affirmative votes of at least a majority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. How long does it take to prepare a budget? 7 -8 Month Process • November to December — Development & distribution of assumptions • January to March — Departmental budget meetings, Trial Budget development and Preliminary Capital Improvement Program (CIP), & conduct outreach meeting • April to May — Community Trial Budget hearings, City Manager's proposed Budget Work -Study Session, & budget presentation • June - Budget & CIP adoption CITY COUNCIL MINUTES 104-14 MARCH 17, 2015 Definitions • Revenues — Money that comes in (i.e., income) • Expenses — Money that goes out (i.e., payments /costs) • Fund — Checking account where revenues & expenditures are monitored and recorded (City has over 100 funds) • General Fund — Account which the City has the most discretion on spending (least restrictions) • Reserves — Savings account (to be used primarily for emergencies) • Budget — Plan that tells us how much money we will receive and how we will spend it • Fiscal Year — 12 month budget calendar (From July 1st to June 30th) What are the basic services in a typical City budget? • Public Safety — Police & Fire Services • Quality of Life — Parks, Recreation, Community Services, Library, Cultural Arts, etc. • Utilities — Water, Sewer, Trash pick -up, etc. • Building & Development - Planning, Housing, Community Development, etc. • Streets & Lights — Public Works, Capital Improvement Program, etc. • General Services — City Manager's Office, Finance, Human Resources, City Attorney's Office, etc. Fund Structure A fund is similar to a checking account where revenues & expenditures are monitored and recorded. Within our budget, we group over 100 various funds into five major categories. We manage over 100 funds General Fund: City has the most discretion Governmental Fund Categories cis General Fund c>3 Community Development e,3 Special Revenue Funds cr3 Capital Funds cr3 Enterprise Funds Innovation & Efficiencies • Installation of new parking meters with improved technology in the Downtown Refinanced Police Department, jail and water enterprise debt service to save millions in financing costs Consolidated all public front counter services to the 15t floor of City Hall to improve customer service experience Adjusted rates to recover millions in jail cost savings. Economic Outlook CITY COUNCIL MINUTES 1 o -1 5 MARCH 17, 2015 • Advancing in Every Key Area: • Property Values are up (20 %) • Increased Sales Tax (22% since 2011 in the Downtown) • Increased number of Business Licenses (8%) • Lower Unemployment rate (down from 10.7% to 8.2 %)' • Reduction in crime (8% decrease) • Met our Reserves goal • City operating with a $14M surplus Success with Grants RECENT GRANT AWARDS �.. Partnerships to Improve Centers for Disease Control and $ 4,000,000 Community Health Prevention (CDC) Memories of Migration National Institute for Museum and S 495,000 Library Services Community Oriented Policing Services (COPS) Memory Lane Santa Ana River Park Site Active Transportation Program (ATP) Department of Justice S 1,250,000 Housing and Community S 1,030,800 Development- California California Transportation 5 3,300,000 Commission $10,075,800 • Fiscal Year 2015 -16 Community Development Block Grant: • Estimated allocation for Non - profit Organizations: $340,000 FY 15 -16 City Manager's Budget Message Thank You to the Santa Ana Community!!! • Mayor and City Council • Outstanding Leadership • Adoption of and continued implementation of Strategic Plan • Long -term vision • Adoption of one -year Forecast and four -year financial projection FY 15 -16 City Manager's Budget Message • Innovation and Efficiency • Establishment of Receivership program to assist neighborhoods and allow for cost recovery of incurred legal fees and staff costs • Installation of 24 -hour payment kiosk at City Hall • Online application for CDBG, ESG, building permits, and business license fees • Information Technology Assessment • Funding in the amount of $3.6M recommended through FY 14 -15 surplus FY 15 -16 General Fund Trial Budget • Presenting a Balanced Trial Budget of $222.21V • GF Budget Comparison FY 15 -16 vs. FY 09 -10 CITY COUNCIL MINUTES 104-16 MARCH 17, 2015 s:z6 Euz fxa8 sau Ezvo Ezoz Sv98 fvgq FY r5a5 FY o9 -ao •REVENUE •EXPENURURE Unassigned Fund Balance a,4vo% 5- Growth $453 45 40 35 30 z5 ]o z5 10 5 $3.0 FY 13 -14 FY oq -ao FY 15 -16 Baseline Elements • Allocates $2.5M for the implementation of the Strategic Plan • Successfully obtained $1.25M in COPS Hiring Grant Funds for ten additional Police Officers & allocated $1.0M in matching City funds • Additional Planning & Building staff-$1.1M • Medical Marijuana Dispensaries (MMD) Enforcement Plan: • 5 Police Officers & 1 Police Sergeant -$1.5M • 2 Community Preservation Inspectors -$253k • 1 Revenue & Contract Compliance Examiner -$125k • 1 Assistant City Attorney & additional funding for contractual services - $252k • In total, the City added over $2.OM in funding for the MMD Enforcement Plan Includes revised health insurance rates of 7% Includes FY 15 -16 actuarial PERS rates: • Safety: 46.5% • Miscellaneous: 28.5% Police Officer Comparison FY 15 -16 City Manager's Trial Budget • Public Safety- Strategic Plan Goal 1: CITY COUNCIL MINUTES 1 oA-1 7 MARCH 17, 2015 • Addition of (7) Police Officers to improve response times and community policing efforts • Upgrade of County -wide 800 MHz Public Safety Communications system - partnership costs • Provide for the replacement of a Crime Scene Investigation van and 2 Police Traffic motorcycles Youth, Education & Recreation - Strategic Plan Goal 2: • Provide for the opening of the Main Library on Sundays • Increase the purchase of new books for Library circulation • Develop a Zoo Master Plan • Provide for utility cost adjustment to support fields, lighting, and facilities • Funding to support City sponsored events: • Fiestas Santa Ana • Fourth of July • Plaza Primavera • Plaza Founders • Shakespeare in the Park • Cinco de Mayo • Dia de los Ninos • Plaza Navidena • Plaza Wellness Economic Development- Strategic Plan Goal 3: • Provide funding to support Economic Development & Neighborhood Improvement staff City Financial Stability- Strategic Plan Goal 4: • Fund an Employee Pension Rate Stability reserve • Establishment of an internal audit program Community Health, Livability, Engagement, & Sustainability- Strategic Plan Goal 5: • Provide base funding for the development of a Safe Mobility Program to address vehicle and pedestrian safety in the Santa Ana community • Allocation of funds for 52 neighborhood associations • Provide for a City Council Liaison • Purchase of mobile technology for Code Enforcement Community Facilities & Infrastructure - Strategic Plan Goal 6: • Allocate funding for Park deferred maintenance • Provide funds for deferred maintenance projects at the Southwest Senior Center, New Hope Library & Corbin Center • Replacement of a roof at the Corporate Yard • Funding for fire station improvements • Funds for Civic Center capital projects Team Santa Ana - Strategic Plan Goal 7: • Continue funding for Information Technology assessment to improve workforce efficiency and provide effective customer service to external customers • Employee Compensation & Miscellaneous: • Consideration of a potential cost of living increase for employees CITY COUNCIL MINUTES 104-18 MARCH 17, 2015 FY 15 -16 Deferred Maintenance Projects • Total of $500k allocated for Deferred Maintenance: • $130k -Roof restoration of the Corporate Yard • $100k- Address various park facility deferred maintenance • $100k -1 Crime Scene Investigation van & 2 Police Traffic Motorcycles • $60k -Fire station improvements • $40k -Front door upgrades to be ADA compliant & exterior painting of the South West Senior Center • $40k- Rebuilding of air handler at New Hope Library • $30k- Install commercial commodes & exterior painting of the Corbin Center FY 15 -16 Technology Projects • Total of $500k allocated for Information Technology Initiatives: • $225k- Partnership cost of 800 Megahertz backbone • $150k- Ongoing IT Assessment • $125k- Purchase mobile technology for Code Enforcement Officers FY 15 -16 GF Trial Budget Expenditures TOTAL ANNUAL GENERAL FUND BUDGET BY DEPARTMENT Proposed %of MES BY DEPARTMENT Police Department Fire Department Parks, Recreation & Community Services Debt Service Planting & Building Agency Public Works Agency Non - Departmental Finance & Management Services City Attorney's Office City Manager's Office Bowers Museum Personnel Services Community Development Clerk of the Council Office Legislative Affairs TOTAL DEPARTMENTAL EXPEL, FY 15 -16 GF Trial Budget- Expenditures: $222.2M 5116,417,565 52.4% 41,450.486 18.7% 20,499,180 9.20/0 10,079,155 4.5% 8,566,191 3.90/c 6,501,051 2.9% 5,009,050 2.3% 4,247,767 1.9% 2,368,829 1.1% 2,045.910 0.9% 1,474,540 0.70/* 1,156.355 0.5% 1,125,000 0.5% 732,006 0.3% 511.915 0.2% 5222,185,000 100.0% CITY COUNCIL MINUTES 1 OA-1 9 MARCH 17, 2015 6o.o% v u o a 50.0 °% 40.0% 30.0% 20.0% 10.0% 0.0% v L =O N _V Y •z INS= s Y � a+ G C 3 V d O in C a ® �7 'Includes Non - Departmental, City Attorney's Office, Bowers Museum, HR, City Manager's Office, Community Development, Clerk of the Council, & Legislative Affairs FY 15 -16 Additional Funding Priorities NOT Included in Trial Budget • Community Development Agency • Economic Development Aide -$88k • Two Administrative Aides - Bilingual (Part-Time) positions -$52k • Fixed Charges & Miscellaneous Operations -$54k • Clerk of the Council • Add Assistant Clerk of the Council -$31 k • Add 50% of Senior Legal Management Assistant -$63k • Reallocate Sr. Deputy Clerk of the Council to Deputy Clerk of the Council- $(13k) • Parks and Recreation • Provide Additional Recreational Classes -$165k • Funding for Custodial Services -$100k Funding to provide landscape maintenance at City parks -$620k • Police Department • Four Downtown Police Officers -$502k • Two Domestic Violence investigators-$251k • Planning and Building • Add one Associate Planner and one Assistant Planner -$210k • Reallocation of Assistant Planner I to Assistant Planner II -$10k • Vehicles for new Building Safety Inspection Staff and Code Enforcement Offic ers -$21 k • Public Works • Graffiti Abatement Services for Parks & Rec -$180k • SARTC Deferred Maintenance & Property Management -$613k • Finance • Add one Senior Budget Analyst -$120k • Add one Accountant II -$130k CITY COUNCIL MINUTES 104-20 MARCH 17, 2015 CAO • Add 50% of Senior Legal Management Assistant -$63k • Reallocation of Legal Secretary to City Attorney Office Executive Assistant- $10k • Funding for modernization of equipment & furnishings -$50k Additional Budget Information http://www.santa-ana.org/finance/budget/defauIt.asp CAPITAL IMPROVEMENT PROGRAM Transportation Improvements = $15,076,655 Traffic Improvements = $7,903,580 Public Utility / Drainage Improvements = $37.442,120 City Facilities = $6,175,103 Other Programs = $15,050,000 • Transportation Improvements • Traffic Improvements • Public Utility / Drainage Improvements • City Facilities ■ Other Street Resurfacing 8 — Projects = $9,043,730 • Alley Improvements • Arterial Preventative Maintenance • Arterial Street Rehabilitation: • Bristol: 17th to Santa Clara • Edinger: Raitt to Pacific • Fairview: Alton to Segerstrom • Lawson: Memory to NCL • Local Preventative Maintenance • Residential Street Repair Street Widening 3— Projects= $385,100 • Fairview Widening: 9th to 16th • Project Development • Right -of -Way Management Sidewalk/Non- Motorized 6 — Projects = $5,647,825 • Omnibus Concrete • W. Edinger Sidewalk Improvement: Mohawk to Santa Ana River • Citywide Sidewalk Repairs • Bike Lanes- Newhope, Civic Center and Grand • Bishop- Pacific - Shelton Bike Boulevards • Maple Bike Trail Safety Enhancements CITY COUNCIL MINUTES 1 „2�_n MARCH 17, 2015 • Bike Lane Project Development Planning 4 — Projects = $510,0000 • Citywide Speed Limit Study • Complete Streets Plans • Traffic Management Plans • Traffic Safety Project Development Streetcar • Continue partnership with OCTA • Design Oversight Mobility /Safety 6 — Projects = $7,393,580 • Heninger Elementary SRTS • King Elementary SRTS • Monte Vista Elementary SRTS • South Main Corridor Improvements • Washington Elementary SRTS • Westminster Ave /17th ST Corridor Signal Synch Sewer Main Improvements 5 — Projects $5,132,600 • Citywide Sewer Main Improvements • Columbine Sewer Main Improvements • Parton, Garnsey, Van Ness, 15th Streets Sewer Main • Sewer Main Repairs & Replacements • Warner Industrial Park Sewer Main Improvements Water Main Improvements 7 — Projects = $16,143,430 • Bristol Phase 3B Water • Neighborhood Water Main Projects • Centennial • Riverview • West Grove Valley • S. Bristol Water Main Improvements • Warner Industrial Park Water Main Improvements Facility Improvements 5 — Projects = $12,063,000 • SA -5 MWD Turnout Vault Relocation • Segerstrom (San Lorenzo) Sewer Lift • S. Station Perimeter Wall • Well No. 32 Rehabilitation Technology 1 — Project = $3,278,200 • SA -5 MWD Turnout Vault Relocation • Segerstrom (San Lorenzo) Sewer Lift • S. Station Perimeter Wall • Well No. 32 Rehabilitation Improvements CITY COUNCIL MINUTES 104-22 MARCH 17, 2015 • Storm Drain/Water Quality 4 — Projects = $824,890 • Drainage Master Plan Supplement • First St. Undercrossing Lift Station • Residential Catch Basin Connector Pipe Screen Installation • Santa Ana Delhi Channel Diversion Transit Facilities 2 — Projects = $958,519 • Safe Transit Stops • SARTC ADA Improvements Recreation Improvements 9 — Projects = $3,091,584 • Playground Equipment: • Centennial Park • Delhi • Lillie King • Madison • Rosita • Thornton • Dan Young Soccer Complex — Turf • Pacific Electric Park Improvements • Santa Ana River/ Memory Lane Park Park Facilities 8 — Projects = $2,098,919 • Centennial Lake Circulation Study • Morrison Park LID Improvements • Sandpoint Paseo Security Lighting • Santa Ana Stadium Structural Repairs • Santiago Park Gas House Landscape • Thornton Park Electrical / Restroom / Lighting • Willits Sullivan Community Beautification Zoo Facilities 2 — Projects = $2,125,000 • Amazon's Edge Giant River Otter • Master Plan PMP Program = $200,000 • Pavement Management Program Pavement Management Program $250,000 • Safe Mobility Santa Ana • Address Transportation System Safety Street Light LED Conversion = $8,600,000 Warner Assessment District = $6,000,000 CIP Outreach Plan CITY COUNCIL MINUTES 103k-23 _n3 MARCH 17, 2015 CIP Project Tracking Budget/CIP Calendar -Next Steps • March 30, 2015: Community Budget Outreach - Budget, Strategic Plan & CIP Updates • April 2015: • Community Budget Hearings • Preliminary Seven -Year Capital Improvement Program presentation to the Planning Commission • May 2015: • City Council one -on -one meetings- Review of Trial Budget & CIP • City Manager's Proposed FY15 -16 Budget Work Study Session includes CIP, Miscellaneous Fees & Personnel Resolutions • June 2, 2015: Tentative Budget/CIP Ordinance Adoption • June 16, 2015: Final Budget/CIP Ordinance Adoption • July 1, 2015: Start of the New Fiscal Year WS -B. COMMUNITY PROPOSAL FROM BUILDING HEALTHY COMMUNITIES FOR A WELLNESS DISTRICT - City Manager's Office At the request of the City Council, continued matter to the April 7, 2015 City Council meeting. COMMENTS 90A. CITY MANAGER'S COMMENTS • City Manager Cavazos reported that City Manager's Office able to meet with any individual or group requesting presentation on proposed budget; encouraged all to be involved in the process. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Oral Report on Regional Boards: • Southern California Association of Government (SCAG) — moving forward with Regional Transportation Plan on Regional Housing Needs Assessment, staff has reviewed Plan and will meet on March 18th; will bring back reports on Regional Transportation Plan. • South Coast Air Quality Management District's Mobility Source Air Pollution Reduction Review Committee — reported that City receives about $418,000 in vehicle registration fees, will participate in meeting in Sacramento to consider the $13 million Work Plan that will share and match funds with cities throughout the State. CITY COUNCIL MINUTES A oA4 n w MARCH 17, 2015 • Metropolitan Water District — attended first Board meeting; will participate in over five committees and representing the City. COUNCILMEMBER MARTINEZ LEFT THE MEETING AT 8:28 P.M. AND DID NOT RETURN. A QUORUM OF THE SANTA ANA CITY COUNCIL WAS NOT PRESENT. ADJOURNED: 8:34 P.M. the Regular Meeting was adjourned due to lack of quorum. The next meeting of the City Council is scheduled for Tuesday, April 7, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Allan Fainbarg 90B. CITY COUNCILMEMBER COMMENTS (Cont.) Councilmember Tinajero: • Congratulated all of the Leagues in the City as they begin the new season; and • Reflected on all the improvements throughout the City, balanced budget and positive feedback received. Mayor Pro Tern Sarmiento: • Concurred with Councilmember Tinajero's comments; • Thanked the Police Chief and leadership in addressing concerns raised at the previous City Council meeting; • Disappointed with recent news reports that Mexican Consulate had lumped incident in the City with others in other States that were negative and some wrong doing; encouraged continued open dialogue with the police department to dispel wrongdoing; • Wished all a Happy St. Patrick's Day; and • Adjourned in memory of Allan Fainbarg. Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS 2015 -2016 Budget Adoption Mater Del High School Parking Structure and School Expansion Project • Community Development Block Grants (CDBG) Park Ranger Ambassador Program Update CITY COUNCIL MINUTES 1 OA-25 MARCH 17, 2015 1 OA -26 CITY OF SANTA ANA f; E 1 COUNCIL COMMITTEE SPECIAL MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY March 18, 2015 11:30 AM CALL TO ORDER City Hal[, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant — Councilmember #3 Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Item # Title / Strategic Plan I Agency- Presenter Action Review _Item & F_ile_ 1. Approval of Minutes for March 9, 2015, Regular Meeting X Community Development Block Grant Fiscal Year 2015 -2016 Funding Process and Recommendations Update {STRATEGIC PLAN NO 2, 2; 2,4; 5,4; 5,61 (Sylvia Vazquez, CDA) Update on Down Payment Assistance Program (Strategic Plan No. 5,3c) (Sidney Stone, CDA) STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT— Next regularly scheduled meeting is May 11, 2015 a li If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Sal Tinalero, Vincent F. Sarmlento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Mayor Ward 6 Mayor Pro Tam, Ward 2 Ward 3 Ward 4 Ward 5 MPUlidoldeen,a- ane.om ST'neeroftaneee ro Ward MMa,llnez(ASanla- ana.o,a AA.em.al ta-ana.om DE3nVd -Rr nta- ana.om RR,n.as,,e -enaou VS entonsante- ana,Dra City Hall, 20 Civic Center Plaza • P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 . Agenda Item Inquiries: 714- 647 -6520 • website: www.santa- ana.ore 13A -1 13A -2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES MARCH 9, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:30 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant, Committee Member #3 MEMBERS ABSENT STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS None Francisco Gutierrez, FMSA Sergio Vidal, FMSA Waldo Barela, FMSA Teresa Ramirez, FMSA Sandra Simon, FMSA Arturo Rodriguez, FMSA Alvaro Castellon, FMSA Gerardo Mouet, PRCSA Haney Mostafa, PSA David Cavazos, City Manager Robert Cortez, CMO Kelly Reenders, CDA Marc Morley, CDA Leigh Eisen, CDA Sidney Stone, CDA Susan Gorospe, CDA Alma Flores, CMO Jorge Garcia, CMO Peter Katz, Com -Link; Blake Hopkins, AMCAL; Mario Turner, AMCAL; Tim Bretz, Keyser Marston; Jim Lentz, I.T. Contractor Blake Hopkins, AMCAL, Project Manager for 1440 E. First Street, Santa Ana. Here to answer any questions. • Mario Turner, AMCAL, also available to answer any questions regarding project. AGENDA DISCUSSION ITEMS 1. Approval of Minutes from the Special Meeting of January 27, 2015. MOTION: Sarmiento SECOND: Martinez March 9, 2015 1 Finance, Economic Development, & Technology Minutes 13A -3 VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) (Items taken out of order.) 5. AMCAL Financing Update (Strategic Plan No. 5,3a) - (CDA) Sidney Stone, Housing Division Manager, provided Power Point presentation on 151 Street Family Apartments, AMCAL and City of Santa Ana Partnership. Revitalization of area with 64 units of affordable housing. Project design may not be best, as unit occupancy could be up to five persons and parking is at a high ratio and may need more circulation. Presentation lists due diligence items, including zone change and developer deferred fee vs. upfront fees. Policy considerations also reviewed. Councilmember Sarmiento stated he has been a strong advocate of affordable housing. Needs to understand changes and new financing scrutiny. Kelly Reenders, Executive Director, stated this is new inclusionary, usual HUD/ Federal parameters to be set. Tim Bretz from Keyser Marston added that guidelines have changed and become stricter. Parking can be refined; three story tuck -under parking to be designed which allows for more circulation parking. Committee Chair, Michele Martinez, would like change in parking to not only include vehicles, as there are multiple modes. Would like to make sure there is opportunity for bikes, motorcycles, and pedestrians that need a safe path. People and cars need to be taken into consideration as development moves forward. Tax credits, developer fees, and any policy considerations to be reviewed and brought to council in April. Councilmembers would like equity across the board. We should be transparent and consistent. Developers encouraged to contact the City Manager's office for information or any questions. 6. Budget Calendar and CIP Update (Strategic Plan No. 4, 2b) - (CMO) City Manager, David Cavazos, discussed calendar of upcoming events including the General Fund Trial Budget, Community Budget Outreach - Budget meetings, Capital Improvement Program (CIP), Planning Commission and others items listed on power point presentation. Committee Chair, Michele Martinez, would like explanation or guide available to help community understand what CIP is, source of funds, Measure M, priorities for capital and other topics. March 9, 2015 1 Finance, Economic Development, & Technology Minutes 13A -4 2. Downtown Wayfinding and Streetscape Amenities (Strategic Plan No. 5, 4a) — (CDA) Leigh Eisen, Downtown Development Liaison, provided power point presentation of what wayfinding is and is not, and the progress to date. Funding allocated is $400,000. Process needs direction and knowledge of who's participating. Suggest an ad hoc group to review signs to decide what's important and provide feedback. Committee Chair, Michele Martinez suggests using Survey Monkey for all to input as parking is basic necessity for city. Councilmember Sarmiento agrees we need to give direction to move forward and is supportive of concept. Need to consider context, be sensitive to community and be respectful. Hopefully cost adjustments will not be big. Martinez would also like to see other amenities provided downtown, like restrooms in parking structures. Could be discussed when we're at line item from Wellness Center for budget. City Manager, David Cavazos, reiterated we have $400,000 budgeted to proceed and start process. Public restrooms are feasible and are part of downtown plan, but funding does not exist. 3. Downtown Parking Update (Strategic Plan No. 3, 4b) — (CMO) City Manager David Cavazos provided draft study of parking. There have been no rate increases for twenty years and beyond that there are no records. We've had lots of discussion; however not in a big hurry. Talk and listen at town hall meetings to build on our successes to make Santa Ana a great place to visit. Needs: restrooms downtown, police substations, parking, ambassadors, security cameras and other items listed in presentation. Rates of garages versus parking meter need to be fixed. Committee Chair Michele Martinez not supportive of increase. All modes of transportation should be included. Supports rideshare, circulation and other options for people. Many folks live within a three mile radius. Possible bond measure tax or DOF funds due to city may help fund. Councilmember Vince Sarmiento has heard comments on parking tickets and would like to know if we're on par with other cities. Where do we find monies to fund other modes? If increase, then soft on violations? Would like to see visitors return to downtown where it's safe and clean and not a place to be cited. City Manager, David Cavazos, stated other cities such as Huntington Beach, Long Beach, San Clemente, and Santa Monica can charge twice as much as Santa Ana for parking. Shuttle service will help with circulator as we phase in options. March 9, 2015 1 Finance, Economic Development, & Technology Minutes 13A -5 Susan Gorospe, Senior Management Analyst provided Memorandum from Special Counsel, Thomas Clark Jr. stating funds are frozen. `Redevelopment Dissolution Act does not currently provide authorization to expend bond proceeds in any manner other than to defease the bonds or purchase the outstanding bond on the open market for cancellation.' (Agenda item 9). Francisco Gutierrez added that financial advisors say defease is very expensive and not recommended. Michele Martinez would like more flexibility in fines and parking penalties. David Cavazos says lowering fine amount might be best approach. Will get recommendations and options. 10. I.T. Assessment {Strategic Plan No. 6, 1 i) — (CMO) Robert Cortez, Special Assistant to the City Manager, provided update: Phase I complete and 23 of 27 workshops done. Council to be included in workshop scheduled for end of March. Phase III is scheduled for May. 11. Wi -Fi Update {Strategic Plan No. 6, 1 i) — (FMSA) Francisco Gutierrez provided update: Phase I finishing up, Wi -Fi equipment installed at 24 sites. Broadband waiting on Time Warner installation of fiber optic. Phase II to include Police Admin with contract going to council in April. All should be active by the end of 2015. Committee Chair Martinez would like equipment selection to be in sync. Mayor and Council to review for additional sites if they want Senior Center or parks. Make sure we continue to be transparent and open. 13. Update on City Council Policy for Community Events {Strategic Plan No. 21 — (PRCSA) Gerardo Mouet, Executive Director, provided listing of 2015 City Events, budget, policy description and co- sponsorship application that requires his approval. Committee Chair Martinez: this is a good example of process that could be used by City Council who supports sponsorships and neighborhood association community participation. Council members would like to see some flexibility for options and possible waivers of permit fees. David Cavazos added that there are funds in council budget for flexibility. 12. Potential Bond or Tax Measure for Infrastructure and Transportation (Strategic Plan No. 4) — (CMO) City Manager provided memorandum from City Attorney regarding municipal revenue sources and information on potential bond election schedule. Various options will need to be reviewed and decisions made on how much and other factors; 2016 election is the goal. Councilmembers would like more information provided for voters to be supportive. March 9, 2015 1 Finance, Economic Development, & Technology Minutes 13A -6 7. Retire Health Care and Pension Costs Update {Strategic Plan No. 4, 2d} — (FMSA) Committee Chair Martinez would like OPEB reduced more. Would like staff to look at South Lake Tahoe and see how their reduction was done. See if we can reduce liability and possibly work with negotiations next year. ITEMS MOVED TO NEXT COMMITTEE MEETING Due to time constraints, the following items will be placed on the next meeting's agenda. • Update on Down Payment Assistance Program COMMITTEE MEMBER COMMENTS: STAFF MEMBER COMMENTS: City Manager, David Cavazos — Need Special Meeting to review block grants (CDBG) Adjournment — 7:23 p.m. Teresa R?fnirez, CDA March 9, 2015 i Finance, Economic Development, & Technology Winutes 13A -7 13A -8 CITY OF SANTA ANA (9 COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MARCH 24, 2015 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Tinajero, Amezcua Police Chief, OCFA Division Chief, Senior Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes of the 1 -27 -15 Meeting Police Officer Body Cameras (Update on Status of Exploratory Committee and Department Of Justice Grant Submission) — Commander Jason Viramontes {Strategic Plan Goal No.1, If and 3b} 3. Fireworks (Public Education Campaign and Enforcement Plan for 2015) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2d} 4. Crossing Guards (Review and Recommend Confirmation of the Crossing Guards Agreement) — Deputy Chief Doug McGeachy {Strategic Plan Goal No. 1, 1e) FJ�IIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessllblllty to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Puddle, I Vince Sarmienlq i Michele Martinez, i Angelica Amezcua, i P. David Benavides, I Roman Rayne, Sal Tinalero, Mayor I Mayor Pro Tem, ! Ward 2 Ward 3 I Ward 4 i Ward 5 ! Ward 6 MNIM.r.-s -anaom I Ward 1 MMeainezrvl.rW eom AAmeuuadoanW- anaom DBenavldesffsan� ana.oro RReona(losanW- ana.orn 8rneemd,onW -anaom 1 VearmienbQsanm- anaom 1 City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714.647 -6520 • Website: www.santa- ana.ora 13A -9 21 5. Homeless Check in Center (Update On Sites For a Homeless Check -in Center, Adjacent to the Civic Center Area) — Interim Executive Director, Planning & Building, Vince Fregoso {Strategic Plan Goal No. 5, 3d) 6. Proactive Rental Enforcement Program /PREP (Review 2014 PREP Inspection Program) — Community Preservation Manager Alvaro Nunez (Strategic Plan Goal No. 5, 4e) 7. Downtown Video Project (Update on Planning, Implementation and Funding) — Commander Ken Gominsky (Strategic Plan Goal No. 1, 1j) 8. Re -entry Program (Update on Re -entry Program of Recently Released Offenders With Community Stakeholders) — Jail Administrator Christina Holland (Strategic Plan Goal No. 1, 6f) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS 1. Police Recruitment 2. Garage Conversion Discussion 3. Restorative Justice 4. Transgender Community 5. Towing Contracts /RFP Process 6. Myrtle /Townsend, the area around KidWorks ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, May 26, 2015 at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http://www.santa-a� na.orq /strategic - planning/. M f you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Miguel A. Pulido, Vince Sarmiento, Michele Martinez, i Angelica Amezcua, I P. David Benavoes, 1 Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tom, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPUlltlo(vlaenta -anenm Ward MMa,IIneRasenW ene.om I AAmaECUa@lsanla ana.om I PBenevtles(o]aan neo RReonerolsanta- ana.om Kneemaeente- ena.om VSetmlaasanla- ane.om I I I I I City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647 -6900 . Agenda Item Inquiries: 714.647 -6520 • Website: www.santa- ana.org 13A -10 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES January 27, 2015 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Roman Reyna STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Jim Henry, OCFA Laura Rossini, CAO Jason Viramontes, PD Robert Carroll, PD Alma Flores, CMO Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Alfonso Alvarez Connie Hamilton Olivia Arzate Chairman Benavides opens the meeting with item No. 1 on the Agenda. AGENDAITEMS 1. Approval of Minutes of 12 -8 -14 Meeting Motion: Approve the Minutes of 12 -8 -14 meeting. MOTION: Reyna SECOND: Benavides 13A -11 VOTE: AYES: Benavides, Reyna NOES: None (0) ABSENT: Martinez Motion carries. AGENDA 2. Patrol Deployment /Geographic Policing (Discuss deployment of patrol personnel into smaller neighborhood areas to increase accountability and effectiveness.) - Commander Jason Viramontes (Strategic Plan Goal No. 1, If and Ij) Commander Jason Viramontes gives a Power Point presentation regarding creating police beats within the four large districts of the city. There will be 12 beats total, three beats in each district that cover two square miles. At this time, there will be one officer assigned to a beat, with roving officers assisting as needed. By creating these beats, it will equally distribute the workload throughout the city. This will be a one year assignment so the officers can get to know residents, community members, and business owners. The districts will continue to exist, but each officer will have a smaller geographic area which will promote Community Oriented Policing and allow officers to understand the problems in their area. This deployment model should also improve response times and help officers to respond to specific problems. Assignments will be made by the Watch Commander who will try to match each area with a particular officer's set of skills. This program will become effective on March 8`h, 2015. At this time, Chairman Benavides asks for those public speakers who want to comment on an agendized item. PUBLIC COMMENTS Alfonso Alvarez, resident Madison Park area, says that body cameras are the best way to protect our officers against complaints posted on social media sites whereby only snippets of an incident are shown to the public, will also cut down on civil lawsuits. Connie Hamilton, resident and volunteer with Connect -to- Council, says that the volunteer program in Santa Ana is good for college kids who may move on to become police officers in the city. This is definitely a worthwhile program. Olivia Arzate, resident, is Spanish speaking and her comments are translated. Ms. Arzate wanted to know what consequences public servants are given for hitting people or making false accusations. Ms. Arzate believes the public servants are allowed to continue to perform their 13A -12 duties with no consequences. Chairman Benavides speaks to Ms. Arzate explaining that this is the public comment portion of the meeting which allows an exchange or dialog by the public to address issues that will be brought to Council. He explains that if the speaker would like, they can set up a meeting with Committee members at a later date to allow for follow -up. 3. Police Officer Body Cameras (Update on Obama Administration funding for police officer body cameras /introduce the formation of the Intra- Department Exploratory Committee.) — Chief Rojas {Strategic Plan Goal No. 1, if and 3bl Chief Rojas has a Power Point presentation reference police officers being equipped with body cameras. The concerns with the use of body cameras by law enforcement are privacy issues, victim's rights. An intra- Department exploratory working group is being established to look at best practices, vetting technology, policies, and limitations as they pertain to the use of body cameras. This group will consist of union representatives, patrol officers, and representatives from the Investigations and Administration Bureaus of the Police Department. Presently, there is no fimding for police body cameras for municipalities. The City and Police Department have reached out to federal lobbyists for funding. The body cameras will be useful when looking at events involving uses of force that may cause the City liability. Cost for the body cameras should be around $1 million. The exploratory group will inform Council of all the facts, benefits and limitations and do so in a strategic, systematic way in order to make the best decision for Santa Ana's community. 4. Police Department Special Events Costs (Review Police Department costs related to special events.) — Chief Rojas {Strategic Plan Goal No. 1, 3al A handout titled, "2014 Special Event Overtime Services Provided," is distributed to Committee members and members of the public. City Manager David Cavazos requested that this item be put on the Agenda because it is a timely issue. Recently at a meeting the City Manager attended, there was a discussion for more police officers, body cameras and other big ticket items. At the end of the meeting, someone asked about waiving fees for police overtime during special events. Individuals who go through the process apply for special events permits through Bill McGovern. State and Council policy mandate these fee schedules, and they have been approved as part of the budget. 5. Update on Asset Forfeiture Funds (Discuss and review of 2013 Asset Forfeiture Fund Expenditures) — Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 3al Police Admin. Manager Robert Carroll has a Power Point presentation giving an update on Asset Forfeiture Funds. Part of the Strategic Plan is to promote fiscal accountability to ensure financial responsibility at all levels of the organization. Further, to continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services 13A -13 efficiently and effectively. Manager Carroll provides tables showing a summary of expenses for fiscal year 2013 -14, a summary of Equitable Sharing Activity for fiscal year 2013 -14, and a cash flow analysis through fiscal year 2018 -19, and gives an explanation of the data. Chief Rojas explains that the Federal Government has new rules regarding seizing asset forfeiture finds. The Santa Ana Police Department's narcotic unit is part of a regional task force which includes agents from FBI and DEA; therefore, the Police Department will not be affected by this change. 6. Santa Ana Volunteer Hourly Contributions 2014 Report (Discuss Santa Ana Police Department's volunteer program.) — Chief Rojas {Strategic Plan Goal No. 1, If} Chief Rojas has a handout titled "Santa Ana Police Department— 2014 Volunteer Hours." Chief Rojas explains how important the volunteer program is to the Police Department and the City. There are 12 chaplains of various denominations who provide spiritual support to both members of the community and victims of crime, as well as to members of the Police Department. Volunteers in police service (SAVE) donated over 4800 hours of time. The Santa Ana radio team work special events, assisting with lost children and other matters. In 2014, over 7100 hours of time was donated by volunteers. Chief Rojas thanks the volunteers for their important service to the City. 7. Homeless Check -In Center (Update on the check -in center and property storage facilities.) — Sr. Management Asst. Alma Flores {Strategic Plan Goal No. 5, 3d} Senior Management Assistant Alma Flores has a handout with the most current information regarding the check -in center for the homeless. There are four options discussed: 1) OCTA indicated that extending restroom hours at the Transit Terminal (SATT) would require an amendment to the existing agreement that is cost prohibitive. 2) The County of Orange will not be seeking an amendment from the Board of Supervisors to extend the public restroom hours until the incoming Board has an opportunity to be briefed on the overall Civic Center plans. 3) OCTA is not in favor of advancing the proposed use of the SATT facility beyond a public restroom at this time, pending sale of the property. 4) City staff approached the owner of 520 W. Santa Ana Blvd. as a possible check -in center. This is located between Everest College and County of Orange offices. The City will continue to evaluate option No. 4. COMMITTEE MEMBER COMMENTS On Item No. 2, Geographic Policing: Chairman Benavides commented that this deployment model can enhance Community Oriented Policing. 13A -14 On Item No. 3, Police Officer Body Cameras: Committee member Reyna inquired as to whether a community member should sit on the Exploratory Working group. Chief Rojas says he would like to open the topic to community forums. Chairman Benavides agrees that community forums would be helpful when considering police body cameras. This will be an ongoing agenda item, with a progress report at each Public Safety meeting regarding a timeline and summary. ACTION: Next meeting get confinnation that the committee has been put together. Have preliminary reports or tangibles on funding and best practices from surrounding agencies, including Anaheim PD, LAPD. Also put together FAQ'S. Perhaps start with a pilot program within specific units such as the gang unit who deal with tougher offenders. On Item No. 4, Special Events This item was put on the Agenda as a point of information. The fee schedule is to recover costs. On Item No. 6, Santa Ana Volunteer Hours ACTION: Chairman Benavides directs Communications Manager Tanya Lyon to put something together to thank the volunteers. On Item No. 7, Homeless Check -In Center: Chairman Benavides asked if there are any other possible sites besides the Santa Ana Transit Terminal and 520 W. Santa Ana Blvd. Sr. Management Assistant Flores said there are ten properties which the City owns jointly with the County. However, everything is on standby until the incoming Board of Supervisors has an opportunity to be briefed on this issue. Benavides would like to engage with the new county supervisor reference this item. The Committee engaged in all topic areas, reinforcing and emphasizing their commitment to community safety as a critical goal in the City's Strategic Plan. 13A -15 ACTION: Chairman Benavides asked to see the next report on the Strategic Plan; part of the strategy is to keep the Public Safety committee abreast as to the advances and implementation of the Plan. FUTURE AGENDA ITEMS ➢ Police Body Cameras ➢ Police Recruitment ➢ Garage Conversion Discussion ➢ Restorative Justice ➢ Transgender Community ➢ Towing Contracts /RFP process. ➢ Myrtle /Townsend, the area around KidWorks ADJOURNMENT — 6:45 P.M. CARLOS ROJAS Chief of Police 13A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: MOBILE HOME HARDSHIP PROGRAM LOAN LIMIT INCREASE {STRATEGIC PLAN NO 5,3) �l L� CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:• S, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an increase to the maximum loan limit amount from $5,000 to $12,000 and programmatic revisions to the Mobile Home Hardship Program. DISCUSSION Santa Ana has about 30 mobile home parks that provide approximately 3,976 mobile home spaces. These parks provide affordable housing options for many extremely -low, very-low, and low- income residents. At least seven mobile home parks are age restricted for seniors. Currently, the City of Santa Ana ( "City ") offers a Mobile Home Hardship program. This one -time, forgivable loan of up to $5,000 at zero percent interest is available to households that meet the following criteria: • Total annual household income at or below 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development (HUD); • Applicant age 62 or older; or • Applicant experiencing long -term physical or mental disability, which has inhibited their ability to obtain gainful employment. The loan proceeds are utilized to correct code, health and safety deficiencies. General improvements and upgrades are not supported by the program. The loans are partially forgiven each year of continued ownership and occupancy based on the following schedule: Length of Continued Ownership Percent of Loan Forgiveness Up to 1 year 0% 1 year and 1 day to 2 years 20% 2 years and 1 day to 3 years 40% 3 years and 1 day to 4 years 60% 4 years and 1 day to 5 years 80% Greater than 5 years 100% 19C -1 Mobile Home Hardship Program April 7, 2015 Page 2 Under the new HOME Final Rule, the City must require the scope of rehabilitation work to address major systems, ensuring that they have a useful life of at least five years upon project completion, and meet the required property standards. Since the program began, construction and materials costs have increased, which limits the amount of work that can be completed within the $5,000 budget. Currently, eligible applicants are being turned down due to the cost to properly rehabilitate their mobile home exceeds the maximum loan amount, and the applicants do not have the financial capability to contribute their own funds to cover the balance. In the event that loan proceeds are estimated to be insufficient to properly rehabilitate the home, the applicant is expected to contribute their own funds to cover the balance. In order to ensure that the program remains effective, staff is recommending that the maximum loan amount be increased up to $12,000 and offered to all Santa Ana residents with a total household income at or below 50 percent area median income including seniors, disabled households, veterans and artists. Two mobile home rehabilitation projects were completed in this current fiscal year. Currently, there are three projects in the pipeline that would benefit from the program increase. All other program guidelines will remain the same. The proposed amendments to the Mobile Home Hardship Program will allow staff to meet the new requirements of the HOME Final Rule and provide loans to more eligible households within Santa Ana. Currently, the City has allocated $200,000 in HOME funds for fiscal year 2014 -15 for the single family home and mobile home rehabilitation program. The proposed amendments align with the City's Housing Element, Five -Year Strategic Plan and the Five -Year Consolidated Plan. STRATEGIC PLAN ALIGNMENT Approval of this items allows the City to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserved and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Funds are available in the HOME Program Resident Rehabilitation Loan (Account no.13018780- 69151). I Re es Executiv Director Community Development Agency KR/SS /nv /sb APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 19C -2 CITY COUNCIL MEETING DATE: APRiL 7, 2015 TiTLE: APPROPRIATION ADJUSTMENT AND CONTRACT AWARD FOR SAFE MOBILITY SANTA ANA TRANSPORTATION /TRAFFIC PLANNING AND ENGINEERING SERVICES (PROJECT 16.6845) (NON - GENERAL FUND) (STiS6IG -P AN NO. 5, B) I ITY MANAG r r r • Hill =40114P1 &s1011Ik[6]141 ki * _F6 Q As Recommended Ci As Amended ® Ordinance on 1" Reading Il Ordinance on 2otl Reading [I Implementing Resolution CI Set Public Hearing For CONTINUED TO 30 1 W1► ldFA � UZ3 1. Approve an appropriation adjustment recognizing $280,000 in Residential Street Improvement revenue and appropriating the same amount into the Residential Street Improvement expenditure account, 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Nelson \Nygaard, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide transportation /traffic planning and engineering services for the one -year period expiring April 6, 2016, with a provision for one one -year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $280,000. DISCUSSION Addressing the transportation system safety has been identified as a priority and immediate necessity for the City of Santa Ana. On January 20, 2015, the City Council directed staff to proceed with the Safe Mobility Santa Ana (SMSA) plan to evaluate citywide traffic safety. The intent of SMSA is to analyze traffic collisions, identify contributing factors or patterns, recommend improvements, develop cost estimates, and prioritize recommended improvements. The services of a transportatlon /traffic planning and engineering professional are needed for the timely achievement of these goals. Additionally, the selected consultant will coordinate with City staff and other local agencies; participating in weekly and /or daily project meetings as the SMSA plan Is developed, A Request for Proposals (RFP) for transportation /traffic planning and engineering services was released and distributed to qualified firms on February 2, 2015, The City received five proposals, The proposals were reviewed by a committee comprised of Planning and Building Agency, Public Works Agency, and Police Department staff, Proposal ratings were based on experience, 20A -1 Agreement for Safe Mobility Santa Ana Plan April 7, 2015 Page 2 qualifications, project understanding, ability to meet the schedule, and familiarity with local/regional/state guidelines and regulations. The top three available firms were asked to participate in the interview process with the review committee and Executive Director of Public Works. The three firms were evaluated based on their presentation, methodology, and schedule. The scores were combined with the proposal score. The following table summarizes the proposal scores out of 150: FIRM SCORE 1. NelsonlNygaard 134 2. Stantec 124 3. KOA 122 Staff recommends that NelsonlNygaard be retained for an amount not to exceed $280,000 for transportation /traffic planning and engineering services. This firm has demonstrated they have the experience and resources needed to provide the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funds are available in the Residential Street Improvement account. An appropriation adjustment will be required, recognizing $280,000 in the Residential Street Improvement revenue account (No. 05817002 - various) and appropriating the same amount into the Residential Street Improvement expenditure account (No. 05817660- 66220, Project 15- 6845). 20A -2 Agreement for Safe Mobility Santa Ana Plan April 7, 2015 Page 3 Public Works Agency FM /EWG /ZK/CW Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A -3 20A -4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 7th day of Aoril, 2015, by and between Nelson \Nygaard Consulting Associates, Inc., a California Corporation (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 transportation /traffic planning and engineering services. 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 services as set forth in Exhibit A to this Agreement. 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 B. The total sum to be expended under this Agreement shall not exceed $280,000.00 during the term of this Agreement. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 6, 2016, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for one one -year extension upon a writing executed by the City Manager and the City Attorney. d. 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. EXHIBIT 1 20A -5 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. f�17F��17ehC 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, employees, agents, volunteers and representatives as additional insured(s) 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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C 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, as applicable to Consultant's use of automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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. 20A -6 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 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. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Indemnify the City for any work performed prior to approval of insurance by the City. i. 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 death, and claims for property damage, which may arise from the direct or 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, Its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20A -7 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like Importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Executive Director — Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 20A -8 To Consultant: Drusilla van Mengel Nelson \Nygaard 116 New Montgomery Street, Suite 500 San Francisco, CA 94105 dvanhengel @nelsonnygaard.com 503 -488 -2231 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the 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. 20A -9 16. 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20A -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAA CAR LHO City o e� By: Ryan RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager NELSON \NYGAARD CONSULTING ASSOCIATES, INC. PAUL JEWEL President and COO 11111'1"E 20A -11 EXHIBIT A SCOPE OF SERVICES 20A -12 •, TASK 1. PROACT MANAGEMENT Excellent project management is the key to a successful project. Drusilla van Hengel routinely manages large active transportation projects, such as the Santa Monica Pedestrian Action Plan and the Seattle Bicycle Master Plan, while deputy project manager Mathew Berkow consistently receives excellent client feedback for his organized, communicative management style, Principal - in- Charge Paul Moore will actively contribute to the project, helping shape its direction, provide agency insights, and conduct quality review in advance of all materials shared with the client. 1.1 Project Kickoff and Ongoing Project Management Our framework for managing the project in an efficient and effective manner includes a kickoff meeting to conduct introductions, refine the scope of services, and discuss the implementation process. We will also discuss the formation of a technical advisory committee and establish communication protocols. Throughout the planning process, we will prepare for and facilitate weekly PDT meetings to review the project punch list and discuss risks and recommendations. Documented progress will be provided in monthly reports accompanying invoices. Two (2) key project management staff will travel to Santa Ana four (4) times for in- person project management meetings. Z2 Technical AdvismyCommittee We will work with the designated City Project Manager to assemble a Technical Advisory Committee (TAC) consisting of representatives of Public Works, Planning & Building, Santa Ana Police Department, OCTA, Caltrans, and SAUSD. As these agencies and others will provide input on project design, we propose their periodic input on the process, which will help inform prioritization criteria, reveal concerns about suitability of likely countermeasures suggested by the collision analyses, and provide initial feedback on the draft report. We will prepare and distribute materials two weeks in advance of each of the following work sessions: • Meeting 1: Introduce project and solicit early feedback on items such as preliminary project prioritization criteria • Meeting 2: Present crash analysis findings, discuss preliminary countermeasures for design feedback, and potential concerns related to the consistency review task • Meeting 3: Present and take feedback on the draft report 1.3 Community /StakehoiderMeetings and Council Meetings /Presentations We will conduct up to five community /stakeholder meetings to understand issues and existing agency practices that impact multi modal road safety. We will strive to be flexible in our scheduling and can host stakeholder meetings at a city facility, attend already scheduled meetings of key community based groups, or attend community events scheduled during the project timeline. The list of stakeholders will be determined in consultation with the client, but might include the Santa Ana Police Department, Bike it! Santa Ana, City of Santa Ana staff from multiple departments, the Santa Ana Downtown Complete Streets Plan Community Advisory Committee, the Santa Ana Active Streets Coalition, local walking and bicycling groups, or other community -based organizations. In advance of presentations to the full Council, we recommend 20A -13 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA providing a project update to the City Council Committee on Development and Transportation. Due to the priority of the project, we anticipate the Council agenda to accommodate project presentations but would value the opportunity for more detailed comments from the Committee. Deliverables: Project Kickoff Meeting, Weekly PDT Meetings, Five Community /Stakeholder Meetings, Two City Council Meetings /Presentations, Project Schedule Management, Monthly Progress Reports and Monthly Cost Accounting, Quality Assumptions and/ or exclusions to the scol2e of work We assume that the City Project Manager will suggest and invite Steering Committee mrmhars. Assurance /Quality Control TASK 2: DATA COLLECTION The Nelson \Nygaard team will work with the Santa Ana data manager or other appropriate staff to develop a database framework that prioritizes the acquisition of data that will be important to understanding and reducing Santa Ana's historically high rate of collisions with vulnerable roadway users. Based on our experience, the following data will be prioritized: traffic volumes, five year collision history, including party and collision data, roadway speed limits and /or City speed studies, lane geometries and roadway widths, street classification, traffic control type, signal phasing, street lighting, pedestrian lighting, trees, transit stops with boarding and alighting data and adjacent land uses. We will utilize available GIS data files from the City for a majority of this information and will supplement with a verification of the data by engineering staff. Our goal is to develop a database that connects collision data with environmental, roadway, and traffic data specifically relevant to pedestrian and bicycle involved collisions which will allow for a detailed analysis of trends and contributing factors and will set the foundation for project prioritization. We will work with the city staff to update the data sets if we identify necessary additions to the collision, roadway, or traffic data relevant to pedestrian and bicycle involved collisions. We expect to do some post processing of the data to accurately identify which of the parties involved are people walking or bicycling (to understand direction of travel, as the movements of bicyclists and pedestrians are more fluid than motor vehicles) and to develop a decision rule for identifying pedestrian crossing locations relative to crosswalks. Finally, the database will be sensitive to changing roadway characteristics over time, so that the roadway conditions at the timo of the collision are accurate. Deliverable: Data request memo lssurnptions a ndl or exclusions to the scope of work of We assume the City of Santa Ana Police and Public Works Departments have coordinated data that will be made available to the consulting team immediately. A meeting with the Police Department to thoroughly understand standard practices for completion of key collision report fields will be a high priority of the project kickoff. NelsonlNygaard Consulting Associates, Inc. 12 20A -14 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA TASK 3. COMMUNITY SURVEY Community input will be key to developing project prioritization criteria. Building on the criteria developed in the Complete Streets Plan and discussed at the first TAC meeting, a web -based survey will be launched to confirm the level of importance of suggested and new criteria. We will provide draft questions for review by City staff and administer via Survey Monkey, with City staff leading survey distribution using invitations to participate through City Police, Complete Streets, and other existing city and Facebook channels. Our team's bilingual staff will translate the study into Spanish. City staff will work with local radio and city television to publicize the survey and make print copies available through the library and City Hall. We will work with the city to identify partners to publicize the survey, such as the Santa Ana Active Streets Coalition and its member organizations as well as the Orange County Bicycle Coalition.'rhe survey questions will: • Confirm the community's general needs and concerns surrounding automobile, bicycling, walking, and transit safety • Solicit resident input on how to improve mobility and access to important destinations throughout the city, with an opportunity to define the relative importance of engineering, education, enforcement, and encouragement measures • Gauge support for multimodal transportation priorities and for how the City might invest limited funds using a series of tradeoff-type questions that will inform the relative importance of prioritization criteria We will analyze and summarize the results in a brief summary memorandum, which will conclude key findings to inform the project prioritization criteria for Task 9. Deliverables: Community survey Technical memorandmn: Summary of community survey results Assampij(? gmdI or exclusions to the scope of work It will be important to develop the survey instrument early in the planning process to give the community sufficient time to respond and inform Task 9 prioritization criteria. We will conduct a detailed review of citywide collision data for the last five years for which data are available. We will provide a citywide analysis examining collision patterns by location and collision type overall, and with a focus on bicycle- or pedestrian- involved collisions, a risk analysis to identify factors that contribute to risk for vulnerable roadway users that may allow for addressing high risk locations before crashes occur, and a hotspot analysis to identify high crash locations and corridors. 4.1 Citywide Analysis The citywide collision analysis will investigate trends including who is involved in collisions (e.g., age of involved parties), when collisions are happening (e.g., time of day or year), where crashes are occurring (e.g., intersections vs. midblock or proximity to transit stops), as well as contributing factors (e.g., movement preceding collision by traffic control type). Based on available data, the review will include, but not be limited to, time of day, day of the week, night time, age of parties, year by year trends, primary collision factors, type of collisions, severity of injury, and fatalities. The analysis will also identify high crash locations and corridors, as well as provide a comprehensive risk analysis to identify contributing factors as described below. Once NelsonlNygaard Consulting Associates, Inc 13 20A -15 Santa Ana Safe Mobility plan I Revised Scope of Work City of Santa Ana, CA we have identified common crash types, we will review a sample of collision report narratives to more fully understand the nature of each collision type. Of particular interest in this review will be the role of transit access in the pedestrian- involved collisions. 4.2 Risk Analysis The risk analysis will allow for the identification of risk factors that contribute to crashes involving people walling and bicycling in Santa Ana. We will utilize industry standard walling and bicycle crash types, such as those identified in I°Iow to Develop a Pedestrian Safety Action Plan (FHWA), based on the available data, and will identify the relative prevalence of collisions and types based on the roadway or intersection context. This "risk based" approach is particularly important due to the somewhat random distribution of crashes. For example, a history of five pedestrian involved collisions at a particular location is not necessarily predictive of future collision types at that location, due to the small sample from which conclusions are being drawn. Instead, it is critical to increase the sample size by developing a typology of intersections and corridors and comparing trends in collision types by location type. While certain intersections or corridors may be unique in their configuration (e.g., a alcewed intersection), there is also a predictability of conditions throughout the city, because land use and transportation development typically follow adopted city and state guidelines. An example outcome may be that larger arterial intersections have a prevalence of collisions involving a left - turning motorist and a pedestrian in the crosswalk as a result of drivers having the difficult task of looking for a gap in multiple lanes of oncoming traffic. Fewer collisions of this type may be evident at intersections with fewer lanes, a left turn bay, or a protected left turn signal phase. We will review the available data and conduct additional data assembly from available GIS layers and may create new layers based on aerial imagery or field reviews to allow for sufficient detail in the dataset to create categories reflective of the differing conditions in the transportation network that impact walking and bicycling safety in Santa Ana. This informative and user friendly map, which we Finally, this systemic analysis will look at collisions developed for the City of Rochester, MN identifies the location and frequency of all crashes, with unique citywide for all modes that have primary collision symbols for bicycle and pedestrian crashes, drawing factors known to increase the probability of a severe attention to high crash corridors and intersection types. or fatal collision with vulnerable roadway users -- notably, speeding, distraction, or redlight running. Generally speaking, the majority of collisions involving pedestrians identify failure to yield as the primary collision factor, and sometimes secondary collision factors such as these are missing. An analysis of motor vehicle involved only collisions will help inform the risk analysis, calling to attention locations where these high risk factors are at play. NelsonlNygaard Consulting Associates, Inc. 14 20A -16 Santa Ana Safe Mobility Plan l Revised Scope of Work City of Santa Ana, CA This systemic analysis will provide the basis for long term project development, as roadway elements that have been over - represented in collisions can be gradually phased out of the Santa Ana landscape, and replaced with facilities that protect people who walk, bicycle, or drive from malting decisions that might cause a crash. 4.3 Hot Spot Analysis We will conduct a hot spot analysis to identify high crash corridors and locations (intersections and mid - block) throughout the city. A raster based GIS analysis which places a small buffer around each collision and displays a darker color as more collisions overlap allows for an effective visualization of crashes at particular intersections and at the corridor level. We will create a summary table of high crash locations and corridors, with the location name, number of collisions and fatalities, as well as a series of columns to identify each risk factor present (from the risk analysis above) to inform the selection of appropriate countermeasures in Task 6. Many of these locations are likely to rise to the top as locations to be reviewed as part of Task 5, which will allow us to compare the risk factors with field observations and community feedback on conditions and behaviors. 4.4 Preliminary Menu of Countermeasures We will introduce a list of potential countermeasures for staff consideration and feedback prior to developing the recommended countermeasures at individual locations in Task 6. Several resources provide an up to date and comprehensive list of countermeasures. The concluding section of our collision analysis report will identify the subset of countermeasures (including engineering, enforcement and education activities) that apply to collision types identified in Santa Ana. This task provides the opportunity for Santa Ana and other agencies involved in street design to provide feedback on a variety of published design guides, including the National Association of City Transportation Officials ( NACTO) guides for urban street design and bikeways. Example resources we will draw from include: • PEDSAFE Pedestrian Safety Guide and Countermeasure Selection System (FHWA) • BIKESAFE Bicycle Safety Guide and Countermeasure Selection System (FHWA) • Proven Safety Countermeasures (FHWA Office of Safety) • Highway Safety Manual and Crash Modification Clearinghouse • NACTO Urban Street Design Guide • NACTO Urban Bikeway Design Guide Deliverables: Draft and final Santa Ana Collision Analysis Report which will include a citywide analysis, systemic risk analysis, hotspot analysis, and preliminary menu of countermeasures. Assunmdons and/or exclusions to the score o work • We suggest the collision analysis include a risk -based approach to identify patterns and possible over - representation of crash types based on attributes of the roadway network, in order to develop a proactive response to conditions associated with collisions. • Our experience with walling and biking collision analysis suggests that a xo -year timefraine may he desirable, as sample size can be an issue. NelsonlNygaard Consulting Associates, Inc. 15 20A -17 Santa Ana Safe Mobility Plan 1 Revised Scope of Work City of Santa Ana, CA The purpose of this task is to evaluate locations that represent the greatest risk for pedestrian and bicycle involved collisions. This task will allow the consultant team to more deeply understand on the ground conditions, confirm issues identified in the collision analysis, and identify contributing factors that may not be present in the data. We propose an analytical framework for identifying and selecting a set of locations representative of safety issues throughout the community and then conduct walk audits and field review with community member to discuss the nature of the safety issues at each location. 5.1 location Prioritization: Pedestrian and Bicycle Demand/DeliciencyAna/ysis Active transportation prioritization processes typically include measures that can be broadly classified as reflective of demand (e.g., proximity to schools, parks, transit stops, population density, employment density) and those reflective of network deficiency (e.g., collision history, number of travel lanes, posted speed, AADT, availability or lack of traffic control). To inform the selection of higher risk field review locations, we will utilize a heat mapping exercise that identifies the relative demand for walking and bicycling throughout the city and compares it to the level of obstacle presented by the roadway network. This analysis will rt illuminate areas with both high demand and high deficiency, which are frequently high priority areas. The resulting map, overlaid with the risk based and hot spot collision analyses, will allow our team to suggest a list of high risk locations from different parts of the city, reflective of the differing conditions facing people walking and bicycling throughout Santa Ana. i ' A 5.2 Field Review.• CommunityWaiklbike Audits , . We will conduct community walls and /or bike audits at t "'a a sub -set of the locations identified in Task s.1. These r audits, conducted throughout the city, will provide residents from different neighborhoods an opportunity to share their perceptions of safety issues they encounter when walking and bicycling. This task will provide valuable information to complement the consultant team's understanding of contributing This map overlays an assessment of walking factors based on the collision data. In addition to demand with a measure of roadway conditions and listening to the community, these audits will allow our infrastructure quality to highlight areas with a team to observe vehicle, walking and bicycling mismatch of demand and supply, behaviors or infrastructure elements that may be contributing to safety risk. The field reviews will be conducted when school is in session. In addition to raising community understanding of the Safe Mobility Plan issues, the mobile audit workshops will be used to confirm the relative importance of the risk factors developed in Task 4.2 and Task 5.x, NelsonlNygaard Consulting Associates, Inc. 16 20A -18 Santa Ana Safe Mobility Plan i Revised Scope of Work City of Santa Ana, CA Deliverables: Pedestrian and Bicycle Demand /Deficiency Analysis Preparation, facilitation, and documentation of 3 Community walk/ bike audits Sugctestions or special concerns that the Qu should be aware of • Community input into the Mobility Safety Plan is important to project prioritization as well as for future support for street capital expenditures. However, the short timeline for the project requires city staff support for a meaningful engagement. TASK 4: RECOMMENDED COUNTERMWILIRES In recognition of the need to balance the many objectives of the local transport system, including travel time reliability, safety, and meeting the mobility needs of a variety of roadway users, we will provide multiple alternatives where appropriate (which may vary by cost, ease of implementation, impacts to other modes, etc.) for consideration by city staff. Recommendations will include innovative and creative street improvement options and will note instances where any of the proposed solutions are outside of existing guidelines (see Task 7). The improvements will range from location specific capital improvement projects to systemic changes in operations that will increase safety over time citywide. As important to the decisions about projects is the cultural shift in street design and operations that will reduce speed and other factors contributing to Santa Ana's safety record. There are a number of improvements that will be suggested with a range of costs and impacts traffic operations, including: • High visibility zebra crossing markings, with advanced warning signage • Speed control measures, which are an essential element of a Vision Zero policy to improve safety for all roadway users without compromising vehicular level of service. Signal timing along a corridor, for example, can be set to allow for a smooth flow of traffic at speeds that are safer for all roadway users • Flashing beacons including HAWK signals or Rectangular Rapid Flash Beacons (RRFBS) to increase yielding rates at mid -block crossing locations • Protected bicycle lanes • Median Refuge Islands, identified by FHWA as a proven safety measure, that can be implemented on roadways with existing center turn lanes • Traffic control modifications or bicycle traffic signals, to provide periods where walking and bicycling movements are separated from vehicle turning movements (e.g., leading or lagging pedestrian intervals); additional measures such as no right turn on red or protected left turn phases may also be appropriate • Green paint, which can be used to raise awareness at potential conflict points between vehicles and people on bicycles (e.g., driveways or freeway entrance ramps) • Bicycle boxes, which increase visibility of people on bicycles at signalized intersections where collisions with right turning vehicles is likely common • Road diets, an FHWA recognized proven safety countermeasure, offering the possibility of also implementing median refuge islands and bike lanes • Targeted enforcement at high crash locations or corridors • Use of symbolic warning and regulatory signs for non - English language readers. Other improvements can be implemented on a citywide basis, as future City standard practices, or may be more long term in nature. These can guide the vision set forth in the Circulation Element and Active Transportation. Plan, including: NelsonlNygaard Consulting Associates, Inc. 17 20A -19 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA • Identifying roadways for potential reclassification can introduce flexibility in design that recognizes walking and biking activity patterns and demand • Ongoing educational activities that clarify roadway user behavior for multiple modes, provided in multiple languages and /or utilizing recognizable symbols rather than words. Outreach can also alert users to new facilities, such as bicycle boulevards parallel to arterial corridors • Corridor access management is a longer -term FHWA recognized proven strategy which can be incorporated into the Circulation Element and Active Transportation Plan, identifying corridors with excess driveways which serve as potential conflict points. • Evaluation recommendations identifying opportunities for enhanced data collection for future analyses • Roadway design standards and guidelines based on any identified roadway factors that are over - represented in the collision analysis 6.1 Memo and Table of Recommended Countermeasures Recommended countermeasures will be informed by the data collection, field review, and collision analyses tasks, and will build on the Preliminary Menu of Countermeasures identified in the collision analysis memo. We will develop a set of engineering, education, and enforcement recommendations to improve safety throughout Santa Ana, including in neighborhoods where safety improvements will reduce health and income disparities. Based on the collision analysis and field review, we will provide a preliminary list of up to 50 candidate project locations with preliminary safety recommendations. Based on client feedback, we will develop a more detailed project table for the top 40 priority locations and corridors. 6.2 Project Cut Sheets We will develop project cut sheets for the highest priority locations, which will provide detail on existing conditions, proposed solutions, cost, and other planning considerations. The sheets will be suitable for including in applications for project funding. Based on anticipated immediate grant applications, 20 project cut sheets are budgeted in this proposal. Additional cut sheets can be provided for additional priority locations as an optional task. 6.3 Toolbox of Countermeasures We will develop a toolbox of countermeasures with guidance that matches each to the appropriate collision types, risk factors and roadway contexts. Thee will be a separate summary table for pedestrian and bicycle collisions, though some countermeasures may appear in both. Deliverables: Technical memorandum describing recommended countermeasures at an area or citywide level (e.g. education or enforcement) as well cis or detailed project table. Project cut sheets for 20 priority projects. Toolbox of countermeasures by risk factor, collision type, and applicable roadway type Assumptions and/ or exclusions to the scope of work • Although potential project locations will be identified citywide, for the. purpose of budgeting, countermeasure identification and project cut sheets are limited 30 and 5, respectively, • Additional locations for countermeasure identification and /or project out sheets can be provided for an additional fee, as identified in the optional task portion of our budget. Nelson%ygaard Consulting Associates, Inc. 18 20A -20 Santa Ana Safe Mobility Plan i Revised Scope of Work City of Santa Ana, CA A s The Nelson \Nygaard team stays up -to -speed on all local, regional, and state guidelines, policies, and regulations as this is important to our clients. Some potential solutions will involve multiple agencies. For example, a roadway reclassification would involve not only the City of Santa Ana, but may also impact the County Master Plan of Arterial Highways (MPAH) designation for a given facility and would require. OCTA approval. The process to "downgrade" the designation of a MPAH roadway would require additional analysis and submittal to OCTA to prove that the reclassification would not impact the regional mobility goals maintained by OCTA. Additionally, some types of funding provided to Orange County cities are calculated based on the number of MPAH miles within a jurisdiction. The "downgrade" to non -MPAH status may impact future funding to the City. Finally, should the recommendations impact freeway ramp intersections or other Caltrans facilities, Caltrans approvals would likely be necessary as well. Our team is aware of these processes and can help guide the City of Santa Ana on the associated impacts. Early in the process, our team will perform a consistency review of relevant guidelines and policies to identify potential obstacles or challenges to implement certain countermeasures. We will review all proposed countermeasures for consistency with local, regional, and state policies, regulations, and guidelines. We will highlight inconsistencies (we will not discard any potential countermeasure based on this factor alone, but call it out for consideration in project prioritization), and provide recommendations that could allow implementation. Recommendations may include but are not limited to engineering surveys for speed limit reductions, reclassification of streets, or obtaining approval for pilot /study projects. Importantly; the Nelson \Nygaard team is providing guidance and leadership in many aspects of CEQA reform, and is working closely with the California State Office of Planning and Research to develop meaningful responses to the new policies and shifting priorities. As such, our team is well positioned to provide support for environmental review of the plan, should a need be determined. Deliverables: Technical memorandum reviewing consistency of proposed countermeasures with local, region, and state policies, regulations, and guidelines. A6sunru #ions an..d or avAusj„gtis to f e sco zeudlz aor We suggest presenting preliminary findings of an initial consistency review as an early confirmation during TAC meeting number 2 (see Task r.). • The Nelson \Nygaard team will prepare cost estimates for street improvement options at the street segment or intersection level, The cost estimates will use local unit costs to provide a planning level understanding of the cost implications of each improvement to allow for a cost constrained . plan that the City to include cost as a measure of effectiveness. The cost information developed . will be included in the prioritization system as an input to the ultimate ranking of the countermeasures. Deliverables: planning level cost estimates for projects identified in Task 6.1 Preliminary engineering cost opinions fo{ the 5 project cut sheets Assuum tions nq/ or exclusions to the scope of work No special concerts. NelsonlNygaard Consulting Associates, Inc 19 20A -21 Santa Ana Safe Mobility Plan 1 Revised Scope of Work City of Santa Ana, CA To inform this task, we will develop a technical memorandum early in the project that proposes a set of preliminary project prioritization criteria based on our experience conducting bicycle and pedestrian plans in other cities as well as criteria used in other active transportation safety plans. The draft criteria can be discussed with the TAC during the first meeting early in the planning process. As discussed in Task 5, active transportation prioritization processes typically include measures reflective of demand, network deficiency and feasibility. The criteria that will be used to rank projects along street segments or intersections will be informed by the data collection, community survey, field review, and collision analysis tasks. Criteria may include, but not be limited to: demand factors (volumes of pedestrians and bicyclists, proximity to specific land - uses), deficiency factors (traffic volumes, posted speed, number of lanes, number of collisions /severity of injuries, collision patterns) as well as feasibility factors (ease of implementation, cost). We can also add criteria that address health and equity, providing points for example to projects in low income neighborhoods or areas of high transit dependency. Deliverables: Technical memorandum of proposed evaluation criteria Prioritized list of safety projects Assumonons anai or excwsrons to me scope or worK We suggest presenting preliminary draft prioritization criteria to TAC for feedback during the first meeting early in the planning process. TASK 10: FINAL PLAN REPORT We will assemble the results from the above tasks into a highly graphic and easy -to- understand final report that effectively conveys the study findings and decision - making framework that results in the recommended projects and actions. In addition to the items identified in the RFP, we will develop a concise executive summary to convey the process and key findings /outcomes that can be shared with the public, elected officials, or other decision- makers. Final report will include but not be limited to the following: i. Introduction, if. Relationship of this document to existing documents, iii. Collision analysis, iv. Toolbox of potential street improvements, v. Recommended improvements, vi. Cost estimates, vii. Prioritization, viii. Matrix of proposed countermeasures, ix. Appendices (include all relevant data) Deliverables: Draft and final Safe Mobility Santa Ana Plan Executive summary Assumptions andl or erusions to the scone of toork • We suggest developing a concise, graphical executive summary to convey process and key outcomes that can be shared with the public, elected officials or other decision - makers. NelsonlNygaard Consulting Associates, Inc. 110 20A -22 EXHIBIT B FEE SCHEDULE 20A -23 0 N m O 4 0 o� wd wa ati xN 5� N 0 g a a z a a a 20A -24 EXHIBIT C 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; 1. 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 Countersigned by Authorized Representative 20A -25 20A -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: SUBMISSION OF LOCAL AREA APPLICATION FOR INITIAL DESIGNATION AND LOCAL BOARD CERTIFICATION {STRATEGIC PLAN NO. 2,4) / ItITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve submittal of an application for Initial Local Area Designation and Initial Local Board Certification for Program Year 2015 -2017 under the Workforce Innovation Opportunity Act and authorize the Mayor to sign as the Chief Local Elected Official. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting on March 19, 2015, by a vote of 15:0 (Didion, Elliot, Everett, Fischer, Gonzalez, Jimenez -Hamy, Knitter, Korthuis, Martinez, Rutledge, and Wadhera absent absent), the Workforce Investment Board recommended to: Approve the application for Initial Local Area Designation and Initial Local Board Certification for Program Year 2015 -2017 and authorize the Chair to sign. Forward the Initial Local Area Designation and Initial Local Board Certification for Program Year 2015 -2017 to City Council for approval and authorize signature of the Mayor. DISCUSSION On July 22, 2014, the Workforce Innovation Opportunity Act (WIOA), the first legislative reform of the public workforce system in 15 years, was enacted. This landmark legislation was designed to strengthen and improve the nations' public workforce system by helping workers acquire the skills employers need and to provide businesses a skilled workforce necessary to compete in a global economy. For the next two complete program years following enactment, WIOA legislation directs the State of California Governor to approve requests for initial designation of any area that was designated under the Workforce Investment Act (WIA) as long as the local area has performed successfully and has maintained fiscal integrity. After the initial two year designation period, continued 21A-1 Submission of Local Area Application For Initial Designation and Local Board Certification April 7, 2015 Page 2 designation will be contingent on the development and submission of a regional workforce development plan addressing regional economic priorities and industry clusters as well as continued meeting local performance measures. The City of Santa Ana ( "City ") has met the conditions outlined in the Initial Designation of Local Workforce Areas and Initial Certification of Local Boards application (Exhibit 1). Provided the application is approved by Council at the April 7, 2015 City Council meeting, signatures from the Workforce Investment Chair and the Mayor will be obtained and the fully signed application will be submitted to the State by the June 30, 2015 deadline. Submitting the fully signed application by the State's deadline will prevent the disruption of workforce programs and services while transitioning to full implementation of WIOA, Notification of approval or denial of the application will be approved, the initial designation will be effective from Jul y denied, the City may contest the decision through an appeal STRATEGIC PLAN ALIGNMENT sent to the City by May 10, 2015. If 1, 2015 through June 30, 2017. If process. Approval of this item supports the City's efforts to meet Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT There is no fiscal impact associated with this action. WL G(�/1�..� /( Kelly Re d Executh !rector Community Development Agency KR/DS /If /sb Exhibits: 1. Application for Initial Local Workforce Area and Initial Certification of Local Boards PY 2015 -16 2. Workforce Services Directive WSD 14 -10 21A-2 Existing Local Area Application for Initial Local Area Designation Program Years 2015 -17 and Initial Local Board Certification Program Year 2015 -16 Local Workforce Investment Area SANTA ANA Page 1 of 8 F.�i iB Existing Application for Initial and Initial Local Local Area Local Area Designation Board Certification This application will serve as your request for Local Workforce Development Area (local area) initial designation for Program Years (PYs) 2015 -17 and Local Workforce Development Board (local board) initial certification for PY 2015 -16 under the Workforce Innovation and Opportunity Act (WIOA). If the California Workforce Investment Board determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this application. City of Santa Ana Name of Local Area 1000 E. Santa Ana Blvd., Suite 200 Mailing Address Santa Ana, CA 92701 City, State Zip Date of Submission Contact Person Contact Person's Phone Number Page 2 of 8 21A-4 Local Area Levels of Performance Instructions: Enter your local area's negotiated levels of performance and actual levels of performance for PYs 2012 -13 and 2013 -14. Performance Table Name of Local Area: City of Santa Ana Common Measure Negotiated PY 2012 -13 Actual PY 2012 -13 Negotiated PY 2013 -14 Actual PY 2013 -14 Adult Entered Employment Rate 61.1% 72.0% 64.0% 77.6% Employment Retention Rate 75.5% 79.9% 82.0% 78.9% Average Earnings $11,800 $10,811 $12,000 $12,164 Dislocated Worker Entered Employment Rate 58.9% 60.2% 65.0% 70.8% Employment Retention Rate 83.0% 91.1% 85.0% 85.5% Average Earnings $14,000 $15,166 $14,750 $14,376 Youth {ages 14-2ir Placement in Employment or Education 72% 82.4% 74.0% 72.0% Attainment of a Degree or Certificate 60% 86.1% 65.0% 86.0% Literacy and Numeracy Gains 54% 73.3% 67.0% 83.1% *Note: For PY 2012 -13, each local area's youth performance goals were the same as the State level goals. Page 3 of 8 21A-5 Local Board Membership Current Local Board Membership Provide a list of individuals currently appointed to the local board and their respective membership category (e.g., business, local education entity, labor organization, community based organization, etc.) in the following chart (Workforce Investment Act [WIA] Section 117). Or, attach a roster of the current local board which identifies each member's respective membership category. Name Title Membership Category Caleb Everett CEO Private Sector Bob Fischer President, Owner Private Sector Marjorie Knitter President Private Sector Patrick Korthuis Owner Private Sector Greg Lewis Partner Private Sector Lee McMurtray VP Global Community Banking Private Sector Steve Pwinica General Manager Private Sector Stacey Sanchez Exec. Director Private Sector Andy Whadera President Private Sector Dave Elliott CEO Private Sector Bea Gonzalez Store Manager Private Sector Darren Rutledge General Manager Private Sector Ignacio Alegre Rehab Supervisor Department of Rehabilitation Gilbert Davila Organizing Rep Labor John Didion Exec. Vice Chancellor Carl Perkins, Applied Tec. ED Act Ana Jimenez -Hami Executive Director CBO - Disabilities Brent Beasley Business Manager Labor Carlos de la Riva One Stop Director WIA Title I; HUD Willia Edmonds Job Developer CBO — Disabilities, Training and Employ. Erlinda Martinez President Education, Adult Ed., WIA Title II Clarence Ray Executive Director CDBG — Employ. And Training Bob Tucker Labor Relations Rep Labor Rob Claudio Deputy Division Manager Wagner Peyser, TAA, Veterans, YEOP Lee de Leon CEO CBO Nathan Nishimoto Director Family Self Suffic.Div TANF; Programs under Sec 403(a)(5) Robert Ruiz Secretary Treasurer Labor Plan for WIOA Local Board Compliance Identify the actions the local chief elected official (CEO) will take in order to ensure WIOA local board membership compliance by June 30, 2016. Santa Ana WIB is currently discussing changes to its board structure, membership composition and committee structure. Recommendations are anticipated to be forwarded to the chief elected official and city council for consideration and adoption in June 2015. Page 4 of 8 21A-6 Sustained Fiscal Integrity The local area hereby certifies that it has not been found in violation of one or more of the following during PYs 2012 -13 or 2013 -14: • Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by State or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIA requirement, such as failure to grant priority of service or verify participant eligibility; or • Gross negligence - defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both; or • Failure to observe accepted standards of administration. Local areas must have adhered to the applicable uniform administrative requirements set forth in Title 29 Code of Federal Regulations (CFR) Parts 95 and 97, appropriate Office of Management and Budget circulars or rules, WIA regulations, and State guidance. Highlights of these responsibilities include: o Timely reporting of WIA participant and expenditure data o Timely completion and submission of the required annual single audit o Have not been placed on cash hold for longer than 30 days (In alignment with WIOA Section 106[e][2]) Page 5 of 8 21A-7 Local Area Assurances Through PY 2016 -17, the local area assures that: A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements included in the appropriate circulars or rules of the Office of Management and Budget (WIOA Section 184[a][2] and [3]). Highlights of this assurance include: • The local area's procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318). • The local area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508). Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the local area to potential cash hold (Title 2 CFR Section 200.338). B. All financial reporting will be done in compliance with federal and State regulations and guidance. Highlights of this assurance include: • Reporting will be done in compliance with Workforce Services Directive WSD12 -3, Quarterly and Monthly Financial Reporting Requirements. • All close out reports will comply with the policies and procedures listed in Workforce Services Directive WSD09 -12, WIA Closeout Handbook. Note that failure to comply with financial reporting requirements will subject the local area to potential cash hold. (Title 2 CFR Section 200.338) C. Funds will be spent in accordance with federal and State laws, regulations, and guidance. Highlights of this assurance include • The local area will meet the requirements of State Senate Bill 734, to spend a minimum of 25 percent of combined total of adult and dislocated worker formula fund allocations on training services (California Unemployment Insurance Code Section, 14211). • The local area will not use funds to assist, promote, or deter union organizing (WIOASection 181[b][7]). Page 6 of 8 21A-8 D. The local board will select the America's Job Center of Californiasm (AJCC) Operator(s), with the agreement of the local CEO, through a competitive process such as a Request for Proposal (RFP), unless granted a waiver by the state (WIOA Section 121 [d][2][A] and 107[g][2]). E. The local board will collect, enter, and maintain data related to yarticipant enrollment, activities, and performance necessary to meet all CaIJOBSs reporting requirements and deadlines. F. The local board will comply with the nondiscrimination provisions of WIOA Section 188, including the collection of necessary data. G. It will comply with State Board policies and guidelines, legislative mandates and /or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. H. Priority shall be given to veterans, recipients of public assistance, other low- income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter 10 -09). Page 7 of 8 21A-9 Application Signature Page Instructions: The local CEO and local board chair must sign and date this form. Include the original signatures in the application package. By signing the application below, the local CEO and local board chair request initial designation of the existing local area and initial certification of the existing local board. They certify that the local area has performed successfully and sustained fiscal integrity during PYs 2012 -13 and 2013 -14. Additionally, they agree to abide by the local area assurances included in this application. Local Workforce Investment Board Chair Signature Lee Mc Murtray Name Chair, Santa Ana WIB Title Date Page 8 of 8 21A -10 Local Chief Elected Official Signature Miguel Pulido Name Mayor, City of Santa Ana Title Date E ®Dl� Employment C/'+T C Department DIRGIj 1 I�G State o f California WORKFORCE SERVICES Number: WSD14 -10 Date: February 20, 2015 69:01:df:17276 TO: WORKFORCE DEVELOPMENT COMMUNITY SUBJECT: INITIAL LOCAL AREA DESIGNATION AND LOCAL BOARD CERTIFICATION UNDER WIOA EXECUTIVE SUMMARY Purpose This directive communicates policy and procedures regarding the initial designation of Local Workforce Development Areas (local areas) and the initial certification of Local Workforce Development Boards (local boards) under the Workforce Innovation and Opportunity Act (WIOA). Scope This directive applies to all current local areas interested in receiving designation and local board certification under the new WIOA. Effective Date This directive is effective on the date of its issuance. REFERENCES • WIOA (Public Law 113 -128) Sections 106 and 107 • Workforce Investment Act (WIA) Section 116 • Title 2 Code of Federal Regulations (CFR) Chapter I, Chapter ll, Part 200, et al., "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ;" Final Rule (Uniform Guidance) • Title 2 CFR Part 2900 et al., "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (Uniform Guidance) • Title 29 CFR Part 95: "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations" The EDD is an equal opportunity employer /program. Auxiliary aids and services are available upon request to individuals with disabilities. .ca.gov Page 1 of 72 L "I IBI� "I • Title 29 CFR Part 97: "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" • Title 20 CFR Part 652 et. al: WIA; Final Rules • California Unemployment Insurance Code Section 14202(c) • Workforce Services Directive WSD12 -14, Subject: Program Year (PY) 2013 -17 Local Plans and Board Certification (Biennial and High Performing) (May 22, 2013) • WIA Directive WIAD06 -10, Subject: Local Area Nonperformance Policy (November 14, 2006) • WIA Directive WIAD02 -6, Subject: Subsequent Designation of Temporary and State Board Recommended Local Areas (September 18, 2002) • Workforce Services Information Notice WSIN12 -62, Subject: Late Monthly, Quarterly, Closeout, Audit and Participant Reports (May 23, 2013) STATE - IMPOSED REQUIREMENTS This directive contains some State - imposed requirements. These requirements are indicated by bold, italic type. FILING INSTRUCTIONS This directive finalizes Workforce Services Draft Directive WSDD -111, issued for comment on January 16, 2015. The Workforce Services Division received 61 comments during the draft comment period. These comments resulted in substantive changes to the directive which can be viewed as highlighted text. The highlighted text will remain on the Internet for 30 days from the issuance date. A summary of the comments is provided as Attachment 3. Retain this directive until further notice. BACKGROUND The WIOA Sections 106 and 107 provide the criteria for the initial designation of local areas and initial certification of local boards. Specifically, the WIOA Section 106 requires the Governor to designate local areas within the state, while Section 107 requires the Governor to certify one local board for each local area in the state. The California Workforce Investment Board (State Board) and the Employment Development Department (EDD), acting under the authority of the Governor, have established policies and procedures within this directive for the initial designation of local areas and the initial certification of local boards. These policies are intended to provide maximum flexibility to local areas so they may have sufficient time to prepare for and fully comply with the new WIOA requirements for subsequent local area designation and local board recertification. Page 2 of 7 21A -12 POLICY AND PROCEDURES Initial Local Area Designation As stated in WIOA Section 106, the Governor shall approve a request made for initial designation by any local area if the area did the following during PYs 2012 -13 and 2013 -14: • Was designated as a local area under WIA • Performed successfully • Sustained fiscal integrity Initial designation is effective July 1, 2015, through June 30, 2017. Local areas must apply for initial designation using the process included in this directive. Local areas that would like to modify their current geographical boundaries are eligible to apply under their new structure. Subsequent designation will be effective July 1, 2017. Local areas should be planning and preparing to meet the WIOA requirements for subsequent designation (i.e., perform successfully, sustain fiscal integrity, and in the case of a local area in a planning region, meet the regional planning requirements in WIOA Section 106[c][1]) during the initial designation period. Additionally, local areas should be preparing to meet the new Office of Management and Budget (OMB) and Department of Labor Uniform Guidance in 2 CFR 200 and 2 CFR 2900, which applies to new awards and additional funding (funding increments) to existing awards made after December 26, 2014 (i.e., the youth allocations beginning April 1, 2015, and all subsequent allocations). Local areas will be expected to develop new services, enter new collaborative partnerships, and /or create innovative workforce development strategies in alignment with WIOA during the initial designation period. The EDD and the State Board will provide technical assistance and guidance to local boards implementing WIOA activities and assess the extent to which local boards are designing a better system for customers. The assessment of local performance goals during the initial designation period will consider the extent to which local boards implement WIOA, and the potential impact on customer outcomes. During local area performance negotiations, the State Board will work with local boards who undertake activities that result in new services, partnerships, and /or service redesign or other WIOA transitional activities to ensure that local areas have the opportunity to set goals that enable them to perform successfully. Definitions Performed Successfully - a local area has achieved at least 80 percent of their local performance goal on each performance measure for PYs 2012 -13 and 2013 -14. (WIOA Section 106[e][1]). The state has provided the following flexibility to the definition of performed successfully, for purposes of initial local area designation only. This flexibility is in Page 3 of 7 21A -13 alignment with WIA Directive WIA06 -10 and the local board recertification criteria in Workforce Services Directive WSD12 -14. A local area is still eligible for initial designation if it achieved at least 80 percent of its local performance goal on seven or more of the performance measures during either PY 2012 -13 or PY 2013 -14. To remain eligible, the local area must attach a Corrective Action and Technical Assistance Plan (as required in WIA Directive WIAD06 -10) to its initial local area designation and initial local board certification application. A local area is ineligible for initial designation if it did not achieve at least 80 percent of its local performance goal on two or more performance measures during both PY 2012 -13 and 2013 -14. Sustained fiscal integrity — the local area has not been found in violation of one or more of the following during PYs 2012 -13 or 2013 -14: Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIA requirement, such as failure to grant priority of service or verify participant eligibility. Gross Negligence - defined as a conscious and voluntary disregard for the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. Failure to observe accepted standards of administration. Local areas must have adhered to the applicable uniform administrative requirements set forth in Title 29 CFR Parts 95 and 97, appropriate Office of Management and Budget circulars or rules, WIA regulations, and state guidance. Highlights of these responsibilities include the following: • Timely reporting of WIA participant and expenditure data • Timely completion and submission of the required annual single audit • Have not been placed on cash hold for longer than 30 days (In alignment with WIOA Section 106[e][2]) Existing Local Area — A local area that was designated as a local area under WIA. Modified Local Area — A local area that is considering local area modification as part of its initial designation application. Examples include the following: two areas proposing to merge into a new combined single local area, various local areas that will be combined in a new single local area, or a local area that will be expanded to include part or parts of another current local area. Page 4 of 7 21A -14 Initial Local Area Designation Application Process The local Chief Elected Official (CEO) must follow the applicable process included below in order to request initial designation: • Existing Local Areas Complete the Existing Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 (Attachment 1). For local areas that are requesting local area modification as part of their initial designation, complete the Modified Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 (Attachment 2). The local CEO must submit the completed application to the State Board no later than 5:00 p.m., March 31, 2015, by one of the following methods: Mail California Workforce Investment Board P.O. Box 826880 Sacramento, CA 94280 -0001 Courier California Workforce Investment Board 800 Capitol Mall, Suite 1022 Sacramento CA 95814 Hand Deliver California Workforce Investment Board 800 Capitol Mall, Suite 1022 Sacramento CA 95814 Note the following: Some local areas may be unable to obtain local approval by the submission deadline (e.g., due to the scheduling of their respective board meetings). If so, the local area may submit an unsigned copy of the application with an explanation for the absent signature(s) and the date by which the signed original will be sent. The signed application must be submitted to the State Board by June 30, 2015. Failure to meet this deadline will result in the local area not receiving full initial designation status until a signed application is received. Assessment of the Application The State Board, in coordination with EDD, will verify the information provided in the application once a completed application is received. The State Board will consider all information provided, and determine whether to recommend approval or denial of the application at its spring 2015 meeting. The local CEO will be notified in writing by May 10, 2015, regarding the approval or denial of its initial designation application. If approved, the initial designation will be Page 5 of 7 21A -15 effective July 1, 2015, through June 30, 2017. If denied, the local CEO may contest the decision using the appeal process below. Appeal Process for Initial Designation A unit of local government (or combination of units) which has requested and been denied initial designation as a local area under WIOA may appeal the denial to the State Board, in accordance with WIOA Section 106. An entity which has been denied initial designation may appeal the decision and request a hearing. An appeal and request for hearing must be mailed to the State Board within 20 calendar days from the mailing date of the notice of denial of initial designation. The appeal must (1) be in writing and state the grounds for the appeal, and (2) state the reasons why the appellant should be initially designated. The State Board will contact the appellant to schedule a hearing date within five calendar days of the receipt of the appeal. The State Board will conduct the appeal hearing process and provide a written decision to the appellant no later than five calendar days after the hearing. Appeal of State Board Decision A unit or combination of units of general government whose appeal has not resulted in designation as a local area may also appeal the denial to the Department of Labor. (WIOA Section[b][5]) Initial Local Board Certification The WIOA Section 107 requires the Governor to certify one local board for each local area in the state. Local boards will be initially certified as follows, in order to provide local areas an opportunity to restructure their local boards in accordance with WIOA requirements: • Local Boards within Existing Local Areas Complete the Existing Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 (Attachment 1). Note that this application is used for both initial local area designation and initial local board certification. The existing local board will be automatically initially certified through PY 2015 -16 upon approval of initial designation of a local area. • Local Boards for Local Areas requesting designation as new. modified, Local Areas Complete the Modified Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 (Attachment 2). Note that this application is used for both initial local area designation and initial local board certification. Page 6 of 7 21A -16 The local CEO will be notified in writing by May 10, 2015, regarding the approval or denial of its initial local board certification. Initial local board certification will be effective July 1, 2015, through June 30, 2016. Local board recertification will be effective July 1, 2016. Therefore, local boards will be expected to complete all necessary tasks to meet the local board recertification requirements during the initial certification period. These recertification requirements will include the recertification criteria under WIOA (i.e., meet WIOA local board membership requirements, meet or exceed performance requirements, and sustain fiscal integrity), and an assessment of the local board's progress on key WIOA implementation tasks (e.g., new youth service requirements, procurement of one -stop operators unless granted an exemption under WIOA Section 107[g][2]). The assessment of local performance goals during the certification period will consider the extent to which local boards implement WIOA, and the potential impact on local performance levels. ACTION Please bring this directive to the attention of the local CEO, local board, and other relevant parties. INQUIRIES Contact your assigned Regional Advisor if you have questions concerning this directive. /S/ JOSE LUIS MARQUEZ, Chief Central Office Workforce Services Division Attachments are available on the Internet: 1. Existing Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 2. Modified Local Area - Application for Initial Local Area Designation and Initial Local Board Certification Program Year 2015 -16 3. Summary of Comments Page 7 of 7 21A -17 21A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2016 TITLE: CLERK OF COUNCIL USE ONLY: ry:."0 Q As Recommended [J As Amended (] ardinanceon1® eading 0 Ordinance on 2" Reeding ❑ Implementing Resolution EJ set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Safeway Sign Company for traffic signs, hardware, and accessories for a one -year period, expiring April 30, 2016, in an amount not to exceed $150,000, with provisions for two one -year renewals exercisable by the City Manager, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSiOiN The Finance and Management Services Agency maintains a wide array of traffic and street name signs for use by the Public Works Agency; the Parks, Recreation, and Community Services Agency; and other City operations. [wring the last fiscal period, approximately 2,500 signs were replaced by the Public Works Agency. The U.S. Department of Transportation established new regulations to improve safety on the highways and streets by replacing less reflective signs with signage that has higher retro- refleotivity, The signs, sign posts, and mounting hardware necessary for ongoing sign maintenance operations purchased through the Central Stores warehouse for distribution to the Public Works Agency Maintenance Services Division comply with this new regulation. The notice inviting bids was advertised on January 15, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 10 Vendors notified 4 Vendors downloaded the bid packet 3 Bids received Bids were opened on February 12, 2015, and evaluated by Purchasing Division staff (Exhibit 1), The bid received from Safeway Sign Company is responsive to the specifications and meets the City's requirements, 22A -1 Contract Award for Signs, Hardware, and Accessories April 7, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT $15,000 is available in the Public Works Roadway Marking /Signs account (No. 01117625- 63001) and another $15,000 is available in the Parks, Recreation, and Community Services Park Maintenance account (No. 01113250 - 63200). The remaining $120,000 for this agreement will be budgeted in Fiscal Year 2015/2016. APPROVED AS TO FUNDS AND ACCOUNTS A). 'Fred Mousavipour Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency SP /ds Exhibits: 1. Bid Award Abstract 22A -2 CITY OF SANTA ANA IFB 15 -007 - TRAFFIC CONTROL SIGNS - INVENTORY BID AWARD ABSTRACT 1 2 3 Hi -Way Safety Safeway Zumar STK NO. DESCRIPTION UOM BID PRICE BID PRICE BID PRICE LOW 83 -2220 SIGN - NO STOPPING ANYTIME "x18" EA $ 10.60 $ 9.35 $ 14.33 2 12 Red on White - HIP SIGN - NO PARKING THIS BLOCK 83 -5123 8 AM -12 NOON TUESDAY EA $ 21.50 $ 18.45 $ 27.80 2 18 "x24" Red on White HIP 83 -1600 SIGN - STOP -30 "OCTAGON E A $ 67.40 $ 55.63 $ 60.45 2 White on Red w /DG -3 Sheeting SIGN - NO STOPPING ANYTIME 83 -2219 EXCEPT WITH VALID PERMIT EA $ 10.85 $ 9.35 $ 15.75 2 12 "x18" Red on White HIP 83 -2040 SIGN - DEAD END - 24 "x24" EA $ 43.12 $ 35.60 $ 43.95 2 Black on Yellow DG -3 83 -3947 SIGN- DIP- 30"x30" EA $ 44.20 $ 38.44 $ 42.43 2 Black on Yellow HIP 83 -2154 SIGN - RIGHT LANE MUST TURN EA $ 63.65 $ 55.35 $ 65.33 2 36"06" Black on White HIP SIGN - TYPE 4 OBJECT MARKER 83 -3730 Nine (9) 3" Round Red Reflector EA $ 24.25 $ 14.75 $ 21.80 2 Decals on Red Background DG -3 83 -4507 SIGN - SCHOOL SYMBOL EA $ 97.00 $ 80.10 $ 82.08 2 36" Fluorescent Yellow /Green DG -3 83 -1891 SIGN - KEEP RIGHT w /RT ARROW "00" EA $ 53.90 $ 44.50 $ 50.77 2 24 Black on White DG -3 SIGN - NO STOPPING 12AM to 6AM 83 -2222 EXCEPT WITH VALID PERMIT EA $ 11.25 $ 9.35 $ 15.75 2 12 "x18" Red on White HIP 83 -1020 SIGNPLATE - BEGIN - END "x12" EA $ 9.60 $ 4.45 $ 11.80 2 6 White on Red HIP SIGN - NO PEDESTRIAN 83 -4667 CROSSING SYMBOL EA $ 24.25 $ 20.03 $ 27.94 2 18 "x18" Black on White DG -3 Continued on next page... Exhibit 1 22A -3 * Zumar product bid is 2 -1/4" x 30" 12ga Std. Anchor ** Zumar product bid is 42" tall, round open top with 81b base. Item Lowest Bid Count: 1 - Hi -Way Safety = 4 Items 2 - Safeway = 14 Items 3 - Zumar = 5 Items Recommended Award: Safeway Sign Company 9875 Yucca Road Adelanto, Ca. 92301 22A -4 1 2 3 Hi -Way Safety Safeway Zumar STK NO, DESCRIPTION UOM BID PRICE BID PRICE BID PRICE LOW MISC SUPPLIES 83 -2547 POST - SIGN -1 Oft SQUARE FIT EA $ 23.95 $ 23.81 $ 22.62 3 14ga Steel 2" x 2" 83 -2531 RIVET - FOR SQUARE FIT POSTS BX $ 65.00 $ 75.00 $ 56.00 3 100 /BX 83 -2540 BASE - POST PENETRATOR- SQUARE EA $ 8.75 $ 10.96 $ 7.14* 3 FITS MOST POSTS, W /HOLES ALL THE WAY 83 -5765 DELINEATOR -39 "x4 "WIDE EA $ 14.50 $ 15.54 $ 14.42 ** 3 TYPE III WITH "C' BASE 83 -5500 BOLT, 5/16" x 1/2" LONG, HEX HEAD EA $ .16 $ .14 $ .14 2 -3 WITH BLACK RUBBER WASHER CONE, TRAFFIC SAFETY -18" 83 -5752 7LB STACKABLE W/ 2 REFL BANDS EA $ 12.25 $ 15.96 $ 14.75 1 STENCIL = S.A. PUBLIC WORKS 83 -5413 BANDING, STAINLESS STEEL RL $ 54.95 $ 114.05 $ 76.00 1 3/4" x 100 FT LONG, .030 THICK 83 -5760 TAPE, CAUTION, YELLOW PLASTIC RL $ 6.55 $ 14.46 $ 7.95 1 3" x 1,000 FT LONG 83 -5447 BRACKET, "STRAIGHT LEG' - GALVANIZED EA $ 2.55 $ 3.75 $ 2.65 1 FOR STREET SIGNS (BAND IT #D00189) * Zumar product bid is 2 -1/4" x 30" 12ga Std. Anchor ** Zumar product bid is 42" tall, round open top with 81b base. Item Lowest Bid Count: 1 - Hi -Way Safety = 4 Items 2 - Safeway = 14 Items 3 - Zumar = 5 Items Recommended Award: Safeway Sign Company 9875 Yucca Road Adelanto, Ca. 92301 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONTRACT AWARD TO GST, INC FOR ARUBA WIRELESS TECHNOLOGY AND SUPPORT (SPEC. NO. 15 -015) (STRATEGIC PLAN NO. 2,3; 7, 51 .,I J C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• 01 ❑ As Recommended ❑ As Amended ❑ Ordinance on1s'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from SHI International Corp. as nonresponsive to the specification. 2. Award a contract to GST, Inc. for the purchase of Aruba wireless communications technology in the amount of $131,100; and for a 2 -year support contract, in the amount of $54,500, for a total amount not to exceed $185,600, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Information Services Division (ISD) of the Finance and Management Services Agency is responsible for the citywide Mobility Technology Initiative that has been underway and in use over the past year. The initiative was designed to enable more community self- service and to enable more City staff to act as field workers in the community, directly providing and coordinating services. Over the past year the ISD began Wi -Fi infrastructure installation and operations throughout City locations and will have accomplished Wi -Fi access in the interior of 24 City facilities by the end of June 2015. The Mobility Technology Initiative is large and complex. It involves a state -of- the -art industrial - strength infrastructure using some 300 wireless access point antennas, dedicated hardware controllers to link the wireless connectivity to the City network. This is done over newly installed backhaul wiring which physically connects the wireless environment to the City backbone network. As the second Phase begins, it will extend the dedicated Wi -Fi access and support to the Police Building. It will provide Wi -Fi covering the entire PD facility, including the PD parking structure, and the administrative areas of the Jail facility. This phase will allow Police staff to work more effectively by giving PD staff universal access to Police systems within the facility. It will also permit visiting City staff wireless access to City computing resources and guest Wi -Fi access 22B -1 Contract Award for Aruba Wireless Technology And Support Contract April 7, 2015 Page 2 to the Internet. The mobility initiative has and will continue to deliver technologies, tools, targeted problem solving approaches and customer support to enable a revolution in the City's use of technology. This request is for elements to provide Wi -Fi service within the Police facilities and not to provide free universal wireless Internet service across the City. Additionally, the request includes maintenance and support for two additional years to the existing Aruba mobility infrastructure and will provide the necessary related operating maintenance /support required to complete Phase Il. The notice inviting bids was advertised on February 24, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 92 Vendors were notified 15 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 7 Bids received Bids were received and opened on March 11, 2015 (Exhibit 1). The bid received from GST, Inc is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2Youth, Education, Recreation; Objective #3,(Expand use of technology as a tool for communication and education in the community) and Goal #7 Team Santa Ana; Objective #5, (Create a culture of innovation and efficiency within the organization). FISCAL IMPACT Funds are available in the Finance Management Services- Communication Services account (no.10210140- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director '04 Finance and Management Services Agency EG 22B-2 Contract Award for Aruba Wireless Technology And Support Contract April 7, 2015 Page 3 IFB 15 -015 ARUBA MOBILITY TECHNOLOGY INFRASTRUCTURE Hardware /Software and Support Bid opened 3 -11 -15 at 2pm GST, Inc CDW- G Vology, Inc. Emgence Technologies Vector USA Walker and Assoc. CATEGORY1- New Equip & Support Taxable $ 121,343.20 $ 122,344.51 $ 125,613.64 $ 141,697.00 $ 140,370.42 $ 145,297.73 CATEGORY 2- 2yr Support Renewal $ 54,450.09 $ 55,998.00 $ 57,145.66 $ 54,970.00 $ 56,905.95 $ 56,215.84 Tax $ 9,707.46 $ 9,787.56 $ 10,049.09 $ 11,335.76 $ 11,229.63 $ 11,623.82 Grand Total $ 185,500.75 $ 188,130.07 $ 192,808.39 $ 208,002.76 $ 208,506.00 $ 213,137.39 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONTRACT AWARD TO VCLOUD TECH INC. FOR VMWARE MAINTENANCE SUPPORT (SPEC. NO. 15 -021) {STRATEGIC PLAN NO. 6, 1F) CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to vCloud Tech Inc. for the purchase of a VMware Maintenance Support Contract for a one -year period, expiring April 7, 2016, in an amount not to exceed $40,400, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana's Information Services Division — Operations (ISD -Ops) supports the computing centers in both City Hall and the Police Department. These computing centers house the computer servers which hosts over 50 departmental computer applications such as the Lawson financial system, the payroll system, Santa Ana Property Information Network (SAPIN) system at City Hall and enterprise systems such as the computer aided dispatch, jail management and California Law Enforcement Telecommunications System (CLETS) access at the SAPD. These systems and services are critical to the operations of the City. In 2008, as part of a new strategic direction, ISD -Ops converted physical computer hosting servers to newer virtualized hosting technology. This technology enables the ability for one physical server to run multiple "virtual" computer servers. This is accomplished by utilizing specialized software to simulate physical computer devices. The use of virtualization technology continues to reduce hardware costs, power consumption costs, and provide a more flexible and reliable computer hosting environment. In order to maintain the 24x7 service levels required by the computer systems and services hosted in the City Hall and Police computer centers, on -going software maintenance and support services from the manufacturer, VMware, is needed. This support from VMware is acquired in the form of a software support contract. The support will provide on -call technical support and in addition to 24x7 telephone support, it also provides for software upgrades at no additional cost. 22C -1 Contract Award for VMware Maintenance and Support April 7, 2015 Page 2 The notice inviting bids was advertised on March 10, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 85 Vendors were notified 14 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 8 Bids received Bids were received and opened on March 24, 2015 (Exhibit 1). The bid received from vCloud Tech Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6, Community Facilities & Infrastructure; Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy 1 F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair, and /or replacement costs in future budgets). FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director ±I/A Finance and Management Services Agency EG 220-2 Contract Award for VMware Maintenance and Support April 7, 2015 Page 2 ABSTRACT OF BIDS CONTRACT AWARD FOR VMWARE MAINTENANCE SUPPORT (15 -021) vCloud Kambrian En Pointe CompuCom VENDOR Tech Inc. Corporation Technologies Systems, Inc. LOCATION Rolling Hills, CA West Covina, CA Gardena, CA Dallas, TX OFFER $40,351.15 $40,359.55. $40,444.95 $40,965.75 Aprisa CDWG VENDOR Dell Inc Technology Llc Technologent Government LOCATION OFFER Round Rock, TX $41,004.60 Roslyn, NY $41,370.00 Exhibit 1 22C -3 Irvine, CA $41,438.25 Vernon Hills, IL $41,650.00 22C -4 REQUEST FOR COUNCIL ACTION.- .�:.�. CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: AGREEMENT WITH GEOSPATIAL TECHNOLOGIES, INC. TO PROVIDE ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR CRIMEMAP SOFTWARE {STRATEGIC PLAN NO. 1, 5} CITY M ER o CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached three -year agreement with GeoSpatial Technologies, Inc. for the period of August 3, 2014 through August 2, 2017, for software maintenance and customer support in an amount not to exceed $36,500, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 3, 2009, Council approved agreement A- 2009 -118 with GeoSpatial Technologies, Inc. to purchase the CrimeMap system and provide software maintenance and support. This system enables the Santa Ana Police Department to search and analyze crime data. The Santa Ana Police Department wishes to execute a new three year agreement with GeoSpatial Technologies, Inc. at $10,500 per year, for a three year total of $31,500, plus a $5,000 contingency for unexpected costs, for a total not to exceed $36,500. The CrimeMap software is proprietary and owned by GeoSpatial Technologies, Inc. and can only be serviced by this company. This agreement will cover the period of August 3, 2014 through August 2, 2017. The recommended action will allow for continuous service to the Santa Ana Police Department. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). 25A -1 Agreement with GeoSpatial Technologies, Inc. April 7, 2015 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 62300). 7b "" id, Carlos Roj Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency, 25A -2 SOFTWARE MAINTENANCE AND SITE LICENSE AGREEMENT THIS AGREEMENT, made and entered into this 7th day of April, 2015 by and between GeoSpatiat Technologies, Inc., a California Corporation, (hereinafter "GST "), 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 GST to maintain and license crime mapping software and also to provide a license agreement for this software. GST represents that it is able and willing to provide these services. B. GST represents that it is the owner of GST CrimeMap Pro Software, GST CrimeMap Lite Software, and GST Crime Map Mobile Software and as such, it is the only company able to maintain the software and provide site licensing for the City's use of the software. C. In undertaking the performance of this Agreement, GST represents that it is knowledgeable in its field and that any services performed by GST under this Agreement will be performed in compliance with such standards as may reasonably be, expected from a professional consulting firm in the field. D. City has used the CrimeMap software since approximately 2009 and during that time it has been maintained and licensed by GST. The parties intended to enter into a new agreement as of August 3, 2014, and conducted themselves pursuant to their continued agreement to provide for and pay for services associated with the maintenance and use of the software, 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 GST shall perform those services as set forth in terms and conditions set forth in the attached Exhibit "A" to this Agreement and incorporated herein by reference. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in the quote attached hereto as Exhibit "B" and incorporated herein by reference. The total sum to be expended under this Agreement shall be not more than $36,500 total at a cost of $10,500 annually with a $5,000 contingency for unanticipated expenses to be exercised at the City's option only as necessary. 3. TERM This Agreement shall commence on the date first written above and terminate on August 2, 2017, unless terminated earlier in accordance with Section 12, below. As noted above, to provide a continuity of service, this agreement is intended to cover services provided since August 3, 2014 in compliance with the parties' intent to renew the software inainteriance and licensing agreement. 25A -3 4. INDEPENDENT CONTRACTOR GST shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, Tlnis Agreement is not intended nor shall it be construed to create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which GST performs the services which are the subject matter of this Agreement; however, the services to be provided by GST shall be provided in a manner consistent with all applicable standards and regulations governing such services. GST 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, GST shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. GST shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of GST'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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, GST, if GST 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, GST agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If GST is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25A -4 e. The following requirements apply to the insurance to be provided by GST pursuant to this section: (i) GST 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. f. If GST 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 GST's right to be paid for its time and materials expended prior to notification of termination. GST 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 GST agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, GSTs, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the GST 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 GST 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 I£ GST receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, GST agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Infonnatiod' 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 GST disclosed in a publicly available source; (c) is in rightful possession of the GST without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the GST without reference to information disclosed by the City. 25A -5 8. CONFLICT OF INTEREST CLAUSE GST 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 Lander this Agreement. X1411 *0 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 To GST: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M -96) 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 Fax 714 - 647 -6515 Mr. Hong Chou GeoSpatial Technologies Inc. 10055 Slater Avenue, Suite 214 Fountain Valley, California 92708 Fax (714) 861 -7032 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours 25A -6 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. to. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and GST, 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 GST. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate GST nor the City. Each patty 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 Inastnuch as this Agreement is intended to secure the specialized services of GST, GST 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 GST& retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. ha such event, GST shall be entitled to receive and the City shall pay GST compensation for all services performed by GST prior to receipt of such notice of termination, subject to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION GST 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. GST affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. VENUE The 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 GST 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 25A -7 governmental agencies. CST shall notify the City ininediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbetow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:, LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVII? CAVAZOS City Manager GEOSPATIAL TECHNOLOGIES, INC. 6 25A -8 hang Chou EXIIIBIT A —Terms and Conditions 25A -9 ('GST GeoSpatial Technologies, Inc. Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide maintenance and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for City of Santa Ana Police Department (hereinafter referred to as Customer) during the period from August 3. 2014 to August 2, 2015, with options to extend for addition 2 years, upon payment of the annual maintenance fee for the products listed in the section of Products Covered. L PRODUCTSCOVERED GST maintenance and support services are provided only for the software products listed in either Purchase Contract, Purchase Order, GST Quote, or GST Invoice with the entire amount of Software Annual Maintenance Fee paid in full on or before the commencement of each 12 -month period. II. MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to the End User. Maintenance and support services shall include, but not limited to: (a) Telephone and E -mail Support: GST will provide telephone and e -mail assistance. You must provide GST with remote access through the Internet to the computers installed with GST software. By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of GST software. The analyst will assist you in utilizing your GST software, and in identifying and providing a work around, if possible, for any software problems found with GST software. GST support services do not include hardware, network, operating systems, or third party software. Support will be provided weekdays from 9:00 a.m. to 6:00 pan. Pacific Standard Time, excluding weekends and holidays. (b) Response Times: In the event that the End User experiences a critical system failure, which shall be deemed to have occurred if the system is down or inoperable, meaning that the End User cannot use the System and/or the System is off -line, for longer than %z hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other non - critical failures, GST shall respond and attempt to correct the problem within four (4) hours upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. If problems cannot be resolved within four (4) hours, the problem will be automatically escalated to Application Technical Lead or the VP of Product Management for resolution. After consultation between the VP of Product Management and support staff, GST will provide a plan of action for resolution to the End Us er. (c) Bug -fixes and Upgrades: GST will provide bug -fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program. 25A -10 ('GST (d) Corrective Maintenance: GST will provide corrections to the supported software using Internet connections, provided you have a high -speed Internet connection on your system allowing GST remote access, during standard support hours. (e) GST Training: The End User under software annual maintenance program receives 50% discounts for all training programs held at GST's facility, (i) Software Customization and Enhancement: The End User under the software annual maintenance program receives a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated. (g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of GST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User, operator error, manipulation of the object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof. Any such excluded service, whether on -site or off -site, will be provided at the request of the End User at GST per call rates and terms then in effect. (h) Support of Old Software_ Users are required to install all updated software and any bug fixes in a timely manner, including operating system software. If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two years after new releases become available. For subsequent years after new releases becomes available, if requested by End User, GST may continue to support such old releases for an annual increase in support fee of 40 %. (i) Lapsed Support: If the End User intends to renew maintenance after the previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance shall be due GST for the fast year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein. (k) On -site support: On -site support is not covered by the standard software maintenance support. Per End User's request, GST will provide on -site support if GST determines that such support is required to resolve the reported problem. In this case, GST will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported. During this time it is expected that members of your staff will be available to answer questions and provide information regarding your system, if required. On -site support will be charged at GST per call rates and terms then in effect, plus travel and per diem for GST staff sent on -site, 11I. SYSTEM MODIFICATION (a) GST - generated modifications: Changes or replacement of the computer equipment, operating system and its related software, or other third party software may require GST software support and/or 25A -11 ('GST software modification to allow GST products to work with the new equipment, operating system, and/or third party software. These support and/or modification services will be provided by GST at the End User's request at our then quoted prices. (b) End User - generated modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without CST's prior written concurrence that said upgrade would function properly. Services required as a result of modifications to GST's systems made by the End User are not considered normal maintenance and Are not provided as part of GST's Software Maintenance Program. (c) External System Modifications: In the event any external system is modified beyond that anticipated by the terms of the underlying End User License Agreement, the End User shall notify GST of such changes immediately upon receipt of notification front the respective entity /entities and request that GST prepare a proposal to include a time and cost estimate, for the work to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in the underlying End User License Agreement. GST shall, within thirty (30) days after receiving said notice, furnish a written proposal to the End User provided the required modifications are commercially, technically and practically feasible. Upon receipt of GST's proposal, the End User shall determine whether it desires the work to be performed, and if so shall issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation. IV. CND USER RESPONSIBILITIES (a) Software Problems and Reporting: The End User agrees to limit use of GST maintenance service to occasions when GST system software fails to operate in accordance with the product specifications as defined in the original purchase contract. To facilitate the problem solving process, the End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report. Additionally, GST may ask that you furnish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you. (b) Payment: The End User is responsible for ensuring that all amounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program. The End User's failure to remit payment to GST for such maintenance services provided or to be provided shall entitle GST to deny further maintenance services to the End User. (c) Updates: The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner. Failure to keep your system updated can, at GST's sole discretion, result in the immediate discontinuation of maintenance support. (d) System Administration: The End User is responsible for identifying a System Administrator, as well as a back -up System Administrator, who will function as GST's primary and secondary contact for any maintenance services to be provided under the software maintenance program. Such System Administrator, or, in the absence of the Systems Administrator, the back up, shall be GST's sole contact for technical assistance. The System Administrator and backup System Administrator must 25A -12 ('GST be trained in the administration of computer hardware, operating system, networking, and database. GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, further assistance from GST support staff is billed at our then current hourly rates and terms. V. WARRANTIES (a) Limited Warranty for Services Any services being provided to the End User in accordance with the software maintenance program are offered on a best - efforts basis only, GST may not be able to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back - end databases or hardware. It is the End User's responsibility to keep adequate data backups. GST will not be responsible for any lost data. ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. VI. LIMITATION OF LIABILITY The End User's sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by GST, after acceptance of the GST software system, whether by GST's breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re- performance of service or return or credit of an appropriate portion of any payments made, or to be made, to GST with respect to such software or services. Under no circumstances shall GST be liable to you or any other person for any special, incidental, indirect or consequential damages of any character, including, without limitation, damages for loss of good will, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if GST has been advised of the possibility of such potential loss or damage. VILCHOICE OF LAW Interpretation of this Agreement shall be governed by the laws of the State of California. VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program may be instituted more than one (1) year after the event giving rise to such action or claim. 25A -13 EXI [BITB -Quote 25A -14 ( 'GS T GeoSpettial `rechnologies, [etc. Quote for Santa Ana Police Department 10055 Slater Ave., Suite 214 Fountain Valley, CA 92708 Phone: (714) 861.7033 Fax: (714) 861 -7032 3/16/2015 GST Public Safety System GST part Number Description QTY Unit Price Amount Service SV -SW -AMF Software Annual Maintenance Fee for City of Santa Ana Police Department covering the period 813/2014 - 8/2/2015 for the following software products: 1 $ 10,500.00 $ 10,500.00 1. GST CrlmeMap Pro Software Site License 2. GST CrimeMap Lite Software Site License 3. GST CrimeMap Mobile Software Site License Service SV -SW- AMF Software Annual Maintenance Fee for City of Santa Ana Police Department for the same software products for the period 813/2015 - 81212016. 1 $ 10,500.00 $ 10,500.00 Service SV -SW -AMF Software Annual Maintenance Fee for City of Santa Ana Police. Department for the same software products for the period $13 /2016. 81212017, 1 $ 10,500.00 $ 10,500.00 Annual Maintenance Fee Total $ - 31,500.00 Grand Total (AMF and Service) 1 1 $ 31,500.00 Notes: 1 AMF paid client is entitled to technical support through email and telephone (M -F, 9:00AM- 530PM, PST), bug fixes and free software upgrades through the year, and discounts for GST's training programs and customization. 2 Price stated above is good for ninety (90) days from the date of this quotation. 3 Software maintenance services will be provided, and billed, on an annual basis. 4 Payment Terms: AMF payment is due prior to the commencement date of each 12 -month period. 25A -15 25A -16 r CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: AGREEMENT WITH ADLERHORST INTERNATIONAL, INC. FOR PURCHASE OF POLICE SERVICE DOG AND TRAINING SERVICES (STRATEGIC PLAN GOAL NO. 1, 5) 1 CITY MANAG CLERK OF COUNCIL USE ONLY: 12=091TIC lull ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st 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 three -year agreement with Adlerhorst International, Inc. for the period of April 7, 2015 through April 6, 2018, for the purchase of police service dogs and training services in the amount of $86,200, subject to non - substantive changes approved by the City Manager and City Attorney. Adlerhorst International, Inc. is a nationally recognized company known for its experience and expertise in the selection, testing, and training of police service dogs. Under this agreement, Adlerhorst will provide monthly training for police K -9's and their handlers, up to three new German Shepherd or Belgian Malinois K -9's, various training for K -9's and their handlers, and miscellaneous equipment. The agreement will cover the period from April 7, 2015 through April 6, 2018. The three -year agreement includes $30,000 for training, $45,000 for up to three new K -9's, $4,200 for a training academy for a new handler, and $7,000 for equipment, for a not to exceed agreement amount of $86,200. Adlerhorst was selected in 2013 in response to a competitive RFP process, and has performed well under previous agreements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). 25B -1 Adlerhorst International, April 7, 2015 Page 2 FISCAL IMPACT Inc. Agreement Funds are available in the Police Department's Field Operations Contract Services account (no. 01114420 62300). Carlos Roja Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services 25B -2 CONSULTANT AGREEMENT WITH ADLERHORST INTERNATIONAL INC. THIS AGREEMENT, made and entered into this 7th day of April, 2015 by and between Adlerhorst International, Inc., a California Corporation, (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 providing police K -9 training for both police dogs and police K -9 handlers; and selecting appropriate dogs for use as a K -9 police dog. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the perfonnance 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 terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant agrees to provide monthly training for police K -9s and their handlers, basic handler training as required for new K -9 handlers, new K -9 selection (Belgian Malinois or German Shepherd), training of new K -9s, Narcotic detection training for K -9s and handlers as needed, and miscellaneous equipment. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth below. The total sum to be expended under this Agreement shall not exceed $86,200 during the three -year term of this Agreement. [This space intentionally left blank] 25B -3 Description of Services Monthly Training per $10,000 a year * 3 = Year $30,000 New k -9 and Training $15,000 each * 3 = Academy x 3 $45,000 (Replacement dates: approx. May 2015, July 2016, and Summer 2017) Training Academy for $4,200 new Handler Equipment $7000 TOTAL: $86,200 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. 3. TERM This Agreement shall commence on the date first written above and terminate on April 6,, 2018, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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: 25B -4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. f. 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 hai nless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal 25B -5 injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage; which may arise from the direct or 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 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 au 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 r 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 Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, Cali fornia 92702 Fax 714- 647 -6515 To Consultant: David Reaver Adlerhorst International, Inc. 3951 Vernon Avenue Jurupa Valley, California 92509 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duty 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, fedoral, state, County or City holidays shall be excluded. 1.0. 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 25B -7 agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns 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: As a condition of such payment, the Chief of Police 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. 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 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, r the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such pennits, 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 herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney APPROVED AS TO CONTENT: CARLOS ROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager ADLERIIORST INTERNATIONAL, INC. David Reaver Tax ID# 25B -9 25B -10 REQUEST FOR COUNCIL ACTION APRIL 7, 2015 TITLE: AGREEMENT WITH FILLER SECURITY STRATEGIES, INC., FOR A GRANT EFFECTIVENESS REPORT (STRATEGIC PLAN GOAL NO. 1, 5) moo_ CITY MANAgIff RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Filler Security Strategies, Inc. for a Grant Effectiveness Report, authorized under the FY 2014 Urban Areas Security Initiative federal grant in an amount not to exceed $37,500, subject to non - substantive changes approved by the City Manager and City Attorney. The performance period for completing this report is January 14, 2015 to May 21, 2016. DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high- threat, high- density Urban Areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2014 funding and is therefore the UASI sub - grantee, with the City of Santa Ana designated as a sub - recipient through Anaheim. 25C -1 Agreement with Fuller Security Strategies, Inc. April 7, 2015 Page 2 The Grant Effectiveness Report (GER) will qualitatively and quantitatively document progress made by the Anaheim /Santa Ana Urban Area (ASAUA) in building core capabilities, reducing risk and enhancing regional preparedness. The GER will demonstrate the effectiveness of grant Investments, while building on the foundation of the Threat Hazard Identification Risk Assessment (THIRA), State Preparedness Report (SPR) and the grange County Urban Area Grant Strategy for a long -term approach to measuring overall preparedness and risk management. The ASAUASI is seeking to hire Filler Security Strategies inc., (FSS) to produce the GER because of their capability and experience In producing this type of report. This report is an update to the report FSS completed for our UASI In 2011, FSS is very familiar with the concept, methodology and approach to writing such a report In that they have produced them in the past for the State of California, other California UASIs, as well as the Anaheim /Santa Ana UASi, Competitive quotes were obtained from two other vendors and FSS was determined to be the lowest, most qualified vendor. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL [ EA9 Funds are available In the FY2014 UASI Grant Fund accounting no. (12514491-52300), 1.+ �%° •° Fray- 4��ai" '�L� +x�,r Carlos Rojas Chief of Police Santa Ana Police Department 'k fe w n a, k- A�) " \ P Francisco Gutierrez,. Executive Director Finance and Management Services 25C -2 AGREEMENT TO PREPARE A GRANT EFFECTIVENESS REPORT THIS AGREEMENT, made and entered into this 7`h day of April, 2015 by and between FILLER SECURITY STRATEGIES, Inc., a Maine corporation (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. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the Urban Areas Security Initiative ( "UASI "), has applied for, received and accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to contract with an expert in preparing Grant Effectiveness Reports. C. Consultant represents that it has the necessary skills and experience to provide assistance in developing grant applications, invoicing and processing payment documents in compliance with grant policies, and maintaining guidelines and polices required by grant providers. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall develop, prepare, and provide to the City a Grant Effectiveness Report in the format as set forth in Exhibit A, attached hereto and incorporated by this reference. All services required hereunder shall conform in all respects to standards and regulations for funding by the U,S. Department of Homeland Security, and the California Emergency Management Agency. Consultant will be responsible for continued training to remain up to date on the management and reporting obligations required of the various Homeland Security Grant funds. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for the report and associated services an amount not to exceed $37,500.00 during the tern of this agreement. 25C -3 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. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all written papers or materials prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by City, shall be the property of City and shall be delivered to City upon completion of the services hereunder. 4. TERM This Agreement shall commence on the date first written above and terminate on May 21, 2016; unless terminated earlier pursuant to Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. 25C -4 b. 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. c. 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 without thirty (3 0) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. d. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, or just compensation, arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be 25C -5 disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. s�effl_ 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 facsimile 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 Facsimile (714) 647 -6956 With courtesy copies to: and Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -97) Santa Ana, California 92702 Facsimile (714) 245 -8745 Attn: Sergeant Brad. Hadley City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Mr. Joshua Filler Filler Security Strategies, Inc. 1250 Connecticut Ave., NW, Suite 200 Washington, DC 20036 Office (202) 261 -6560 Email: jfiller @fssconsulting.net 25C -6 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, 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. 11. 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 is not embodied herein. 12. 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. lft �Y419011►`9Ifir191 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: As a condition of such payment, the Police Chief 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 o f the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 14. DISCRIMINATION Consultant shall riot 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 25C -7 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. 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. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term or this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant fiords or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. 25C -8 d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". £. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title ll of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276 ,1-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 25C -9 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Consultant agrees that the Department of Homeland Security shalt have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's, fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN 'WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JAut'' Pc • Laura A. Rossini Senior Assistant City Attorney CPTY OF SANTA ANA, a municipal Corporation of the State of California DAVID CAVAZOS City Manager FILLER SECURITY STRATEGIES, Inc. JOSHUA FILLER President 25C -10 RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police 25C -11 EXHIBIT A SCOPE OF WORK FILLER SECURITY STRATEGIES, INC. 25C -12 rLLER STRATEGIES, Grant Effectiveness Report - Proposed Scope of Work The Grant Effectiveness Report CGER) will integrate findings from prior risk, capability, and investment data into a broader evaluation of the impact that Urban Areas Security Initiative funded investments from FY 2009 through FY 2013 have had on the Anaheim Santa Ana Urban Area's (ASAUA's) state of preparedness, In doing so, the report will answer the following questions, • Has the grant program helped the ASAUA better understand and document the threats and hazards that pose a risk to the urban area? • Has the grant program helped the ASAUA better identify, document and prioritize Core Capabilities needed to address high risk threats and hazards? • Has the grant program helped the ASAUA identify and document its gaps and strengths in those priority Core Capabilities? • Has the ASAUA invested its grant funds in its priority Core Capabilities? • Glow have grant investments improved the ASAUA's priority Core Capabilities as demonstrated during an incident e.g., terrorism threats or events and natural disasters (real or simulated)? • What are any remaining gaps in priority Core Capabilities? • How have or will cuts in grant funding to the urban area impact its level of ability across its priority Core Capabilities? These questions will be addressed through the following tasks over the following timeline as outlined in the table below: 2015 ASAUA UER SOW 25C -13 r I ER SECURITY STRATEGIES, INC. 2015 ASAUA GER SOW 25C -14 Timellne Task Task 1: Review available risk, capabilities assessment, and other relevant data. 2 months • Hold project kick-off ineetingwith regional stakeholders. • Actual UASI grant expenditure data from FY 2009 through FY 2013 through Grant Workbooks and other data sets. • UASI Investment Justifications. • Most current THIRA and other risk assessment data. • Any capability assessment and gap analysis data. • Actual major products /deliverables developed through UASI funds (i.e., if planning funds were used to create /revise /enhance a plan). • Any metrics data collected on products /projects funded through UASI (e.g., "we used UASI funding to build a community preparedness website that has gotten a certain number of hits and enabled a certain number of discrete downloads "). • Training output data (e.g, the number of people trained through UASI funding, what disciplines, what courses). • Exercise data (including how many /what types of exercises were funded through UASI, the number of people and disciplines involved, the after action reports (AARs) from those exercises; should also include other exercise AARs that may not have been directly funded through UASI but that tested skills that were bolstered through the grant funds). • Real -world event AARs to see how capabilities built /enhanced through UASI funding actually performed during real events with a focus on evaluating the capabilities in place during each of these incidents and the extent to which grant funding impacted the performance of those capabilities during the incident response. • Homeland security strategy /hazard mitigation plans. • Previous assessment information on specific issues, e.g., Bomb Squad assessments Task 2: Conduct interviews and collect supplemental data. 6 weeks • Conduct a series of telephone interviews with local subject matter experts to collect additional data and add context and meaning to the written data collected in task one. • Put together a set of questions after the initial data review is done and then send those questions out ahead of time. Then conduct the interview and take notes. Task 3: Analyze data. Use these different data inputs to determine how the region invested 6 weeks UASI grant funds to build, enhance, or sustain capabilities. This will involve the following; • Identify linkages across risk, capabilities, and historical spending, and identify correlations between historical grant expenditures, the region's strategic priorities, and risk -based capability gaps facing the region. • Ensure data is coded to reflect alignment with appropriate analytic frameworks, including: • Core Capabilities • Goals and objectives in the ASAUA Homeland Security Strategy. • THIRA capability targets • Prevention, protection, response, recovery, and mitigation • Summarize high -level trends in risks, capabilities, and grant investments to demonstrate the positive impact of the UASI program in the region, using existing analysis. 2015 ASAUA GER SOW 25C -14 FILLER SECURITY STRATEGIES, INC. • Determine how capabilities strengthened through the UASI program actually performed during real -world events and major exercises. Task 4: Consolidate analysis into a comprehensive UASI Grant Effectiveness Report that 6 weeks documents any major accomplishments and specifically evaluates the potential effectiveness of UASI funding and the potential consequences of funding cuts. • Send out draft report for review by subject matter experts. • Hold additional conference calls with SMEs as needed. • Deliver final report and provide final power point out -brief to regional public safety and homeland security leaders. Total 6.5 months Travel N/A Price: Firm fixed price of $37,500 2615 ASAUA GER SOW 25C -15 25C -16 me simew CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: MONTH TO MONTH CONTRACT EXTENSION WITH CENTRAL PARKING SYSTEM INC. FOR MUNICIPAL PARKING FACILITIES OPERATOR (STRATEGIC PLAN NO. 3,4b) CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: e^0:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd 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 contract extension with Central Parking System, Inc. to manage the City's parking facilities, on a month to month basis, effective May 1, 2015, in an amount not to exceed $2,500 per month plus, monthly operating expenses as defined in the agreement ( #A- 2013 -049), subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana owns and operates five parking facilities within Downtown Santa Ana (Downtown). The facilities are vital in providing easily accessible parking for the surrounding retail businesses and numerous visitors to the area. Four of the facilities are multi -level parking structures that accommodate both transient and monthly patrons and a surface lot that accommodates solely transient patrons. Additionally, the facilities provide parking for numerous events held throughout the year within Downtown. On April 1, 2013, the City Council approved the award of a two -year contract for parking management services with no renewal options to Central Parking System, Inc. The term of the contract commenced on May 1, 2013 and will expire on April 30, 2015. To ensure the continued daily operations of the parking facilities, staff recommends extending the current contract terms on a month to month basis while alternatives are being explored for the management of the parking facilities. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, 2501-1 Contract Extension Central Parking System Inc. April 7, 2015 Page 2 shopping, dining, and entertainment destination.), Strategy #4b (Create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown.) FISCAL IMPACT Funds are available in the Downtown Parking Facilities account (02718861- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez A(� Executive Director Finance and Management Services Agency I0 Exhibit: 1. Agreement 25D -2 FIRST AMENDMENT TO OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND CENTRAL PARKING SYSTEM, INC. THIS FIRST AMENDMENT TO OPERATING AGREEMENT (this "Amendment') is made this 7th day of April, 2015, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City ") and Central Parking System, Inc. ( "Operator "). RECITALS: A. City and Operator are parties to a certain Operating Agreement dated May 1, 2013 (the "Agreement' #A -2013 -049), pursuant to which Operator operates and manages certain parking garages and lots in and for the City of Santa Ana (the "Premises "), as further described in the Agreement. B. The Agreement expires by its own terms on April 30, 2015. C. City desires Operator to continue operating and managing the Premises beyond April 30, 2015, in accordance with the terms and conditions appearing in the Agreement and as further described below. D. The parties desire to amend the Agreement upon the terms and conditions herein set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, duly authorized and intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are incorporated into this Amendment. All capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless such terns are expressly defined otherwise herein. 2. TERM OF AGREEMENT. Commencing May 1, 2015, the Agreement will continue on a month -to -month basis until one party provides the other with a thirty (30) day written termination notice. 3. COMPENSATION AND REIMBURSEMENT OF OPERATING EXPENSES. Operator agrees to accept a Management Fee in the amount of Two Thousand Five Hundred Dollars ($2,500.00) per month for the services set forth in the Agreement. Section 4(a) of the Agreement shall be revised to remove the "not to exceed " language appearing in the second sentence. Operator shall be reimbursed for all Operating Expenses as set forth in the Agreement. Operator shall not make any purchases of equipment or supplies over Five Hundred Dollars ($500.00) without prior written approval of the Contract Administrator. 25D -3 4. NOTICE. Section 24 of the Agreement shall be revised to reflect a change in notice address for Operator as follows: To Operator: SP Plus Corporation 3420 Bristol Street, Suite 225 Costa Mesa, CA 92626 Attn: Regional Manager With a copy to: SP Plus Corporation 507 Mainstream Drive Nashville, TN 37228 Attn: Legal Department S. NO OTHER CHANGES. .Except to the extent expressly modified by this Amendment, all of the terms and provisions of the Agreement are hereby ratified and confirmed, and remain in full force and effect. IN WITNESS WHEREOF, City and Operator have executed and delivered this Amendment as of the date first above written. ATTEST: Maria D. Huizar Clerk of the Council Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager OPERATOR: Central Parking System, Inc, Francisco Gutierrez, Executive Director David Jenkins Finance & Management Services Agency Senior Vice President 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: AGREEMENT WITH !WATER, INC., FOR DIGITAL WATER MAPPING AND SUPPORT SERVICES (NON GENERAL FUND) (STRATEGIC PLAN NO. 6, 1, C) / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with iWater, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide digital water system mapping and support services for a three -year period expiring March 31, 2018, with provisions for one two -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $421,000 annually. Approval of this recommended action will allow the Water Resources Division to continue its efforts in improving the City's digital water mapping system. City maintenance crews and water operations engineering staff use this digital system to respond quickly to emergencies; collect, store, and retrieve data; and to facilitate routine maintenance on water infrastructure assets in a paperless environment. In addition, users are able to view water data via the Public Works Agency Geographic Information System (GIS), facilitating data sharing and records research by other City agencies. On June 1, 2009, the City Council awarded a contract to iWater, Inc., for digital water mapping services, computer hardware configuration and installation, professional on -call services, and system service support of infraMAP software. iWater, Inc., is the creator and developer of infraMAP software and is solely licensed, supported, and maintained by iWater, Inc. The infraMAP software is used for field data collection activities by over 400 agencies worldwide. For the City, the infraMAP field data collection system is the foundation for water and sewer system asset management. In subsequent Council actions, the iWater, Inc., services were enhanced in November 2013 to include Global Positioning System (GPS) data collection, and in February 2014 to include large water meter vault location and data collection, among other service improvements. This new agreement expands upon the scope of work to include GIS mapping updates, continual software 25E -1 Agreement with iWater, Inc., for Digital Water Mapping and Support Services April 7, 2015 Page 2 and hardware maintenance and support, cloud -based systems integration with deployment of the infraMAP now application, and on -site geo- database support. The services and support provided by this new agreement will greatly enhance the existing field collection data system and improve back office staff capabilities by leveraging existing data systems for use with new cloud -based systems. These enhanced services will also significantly improve the quality and accuracy of Water Resources digital infrastructure maps; improve field data collection capabilities; and expand upon existing data by including recent infrastructure improvements. Additionally, the Water Resources Division will have improved access to information during normal and emergency working environments. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted in Fiscal Year 2015/16 and subsequent fiscal years in the Water Administration and Engineering Fund (Account No. 06017645- 62300). 1 V` /Frqd Mousavipour Executive Director Public Works Agency FM /NS /RR Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND IWATER, INC. THIS AGREEMENT, made and entered into this — day of , 2015, by and between iWater, Inc., a California corporation (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 digital water mapping. The Water Resources Division has been working to continually enhance the digital water mapping system, This digital mapping system enables city maintenance crews and water engineering staff to respond quickly to emergencies, collect, store, and retrieve data as well as facilitate routine maintenance on water infrastructure assets in a paperless environment. The water system information becomes readily available during field maintenance activities through this system. In addition, all users of the system will be able to view water data via the Public Works Agency Geographic Information System (GIS). This data sharing will facilitate record research by other agencies with the City of Santa Ana. B. Consultant represents that Consultant is able and willing to provide such scheduled and on call services to the City. C, On June 1, 2009, the City entered into a contract with Consultant for digital water mapping services, computer hardware configuration and installation, professional on- call services and system service support of infraMAP software. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, h1 consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall provide digital water mapping, including GIS mapping updates, continual software and hardware maintenance and support, cloud based systems integration, and on -site goo- database support. The scope of services is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form EXHBIIT 1 1 25E -3 compatible with City's computer system, as agreed between the City's Project Manager and Consultant, In regard to material produced as a deliverable under the Agreement, including, but not limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A attached hereto and incorporated herein by this reference. The total sum to be expended under this Agreement shall not exceed $421,000.00 annually during the Term 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. 4. TERM This Agreement shall commence on the date first written above and terminate approximately three (3) years from said commencement date on March 31, 2018, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended for one two - year renewal option upon a writing executed by the City Manager and the City Attorney for the City. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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. Cormnercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to 25E -4 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $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, d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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. f 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. Stich termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, claims), which may arise from or in any manner related 25E -5 (directly or indirectly) to any work performed or services provided under this Agreement (including, without Iimitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8, CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfiil 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, 9. 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. 10. 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 facsimile 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 Facsimile: 714-647-6956 25E -6 Copies to: Public Works Agency— Executive Director City Hall -- Ross Annex — 0' Floor 20 Civic Center Plaza (M -21) Santa Ana, California 92702 Facsimile: 714- 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Consultant: iWater, Inc Attn: Don Rhodes 18 Goodyear, Suite 100 Irvine, California 92618 Facsimile: 949 -768 -4155 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by facsimile, 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. 1.1. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 12. 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 25E -7 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the 'property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in cormection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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 tends of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25E -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Ryan O. RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: iWater, Inc. DON RHODES Owner 25E -9 EHIBIT A SCOPE OF SERVICES (Attached) 25E -10 Exhibit A 1. Software Support: $78,000/ year, $6,500 /month This category includes assistance with and support of infraMAP software and ancillary software currently owned and maintained by the City. The City currently owns 50 licenses of infraMAP Field; upgrading of these licenses to the cloud based infraMAP NOW is included. Support includes unlimited telephone, online support, and up to eight hours each week of onsite training of infraMAP software, All configuration files, MXD documents, batch files and document management strategies will be provided as needed and Included in the monthly support fee. Software supported includes: • 50 total licenses of infraMAP Field or infraMAP NOW • Microsoft MapPolnt, Microsoft Server Sql Server express, Microsoft Share Point, Microsoft Sql Server. • Symantec Backup Exec 2014 Server Windows per server bundle UG License express band Essential. • Symantec Backup exec 2014 Agent forVM Ware and Hyper -V Windows per host Server Bundle standard license express band S Essential. 2. Equipment Support: Up to $125,000/ year This category includes assistance with and support of all iWater /InfraMAP hardware owned and maintained by the City. Any hardware used with infraMAP /GIS project software will be supported. This will Include both warranty and non - warranty Items up to the value of the contract. Support for all Water/infraMAP hardware will be billed per occurrence at applicable labor rates and material costs. All work orders shall be approved by city prior to performing work. Support of warranty items is covered under terms of warranty and at no additional cost. Hardware supported includes: • 35 Field crew laptops and tablet computers • All mounts, power supplies and external GPS receivers for the field computers • Office docking stations for field computers • Four servers that support and store water resources operational status data Onsite Technical Support $150 /hr: o !Water will provide a hardware technician for onsite work orders. This may include hardware management, hardware updates or project specific programming. Remote Technical Support. $75 /hr: o !Water will have a hardware technician work on projects that can be completed at our office and not required to be completed at the City facility. 18 Goodyear, Suite 100, Irvine, CA 92618 Telephone: (949) 768 -4549 Fax: (949) 768 -4155 25E -11 infraiRP 8a F I'0., H RE 3. GIS Services: Up to $96,000/ year This category includes services to update, standardize and maintain water resources geodatabases, databases and related tables utilized in the infraMAP environment. Includes support for Water Recourses GIS configuration, Esri local government/ water models including, and setup for various engineering and management needs. Combine databases into one common data set to streamline workflows. All GIS support services will be billed at applicable labor rates. All work orders shall be approved by City prior to performing work. GIS Supported items include but not limited to: • 513 Miles Water distribution system • 463 Miles Sewer collection system s 44,706 Water meter data including location details • 6,168 Fire hydrant data for both city and private owned hydrants • 3,000 Backflow devices • Food establishment inspection; Fats, 011, Grease interface details • Water production sites Onsite GISZIT $150 /hr; o (Water will provide a GIS /IT professional for onsite projects. This may include GIS /IT management, updates or project specific programming, Remote GIS /IT, $75 1hr; o iWater will have a GIS /IT professional work on projects that can be completed at our office and not required to be completed at the City facility. 4. Professional Services: Up to $122,000 / year Onsite GIS Mapping Tech. $150 1hr: o 1Water will provide a GIS mapping professional for onsite projects. This may Include GIS /IT management, updates or project specific programming. Remote GIS Mapping Tech. $75 /hr: o iWater will have a GIS mapping professional work on projects that can be completed at our office and not required to be completed at the City facility. Field crew. $15D /hr: o 1Water will provide a two man crew that has CA Department of Health Water Distribution certificates to support the City field crews. All vehicles and equipment will be provided by iWater for the specific project. Project information will be provided to the city and updated within the city GIS database. Meter /GPS crew, $75 /hr: o iWater will provide a one man crew with CA DHS Water Distribution certificate to support the City field crews. All vehicles and equipment will be provided by (Water. Project Information will be providedto the City and updated in the City GIS database. 18 Goodyear, Suite 100, Irvine, CA 92618 Telephone: (949) 768 -4549 Fax: (949) 768 -4155 25E -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 999967 E ® As Recommended © As Amended ® Ordinance on 7" Reading 0 Ordinance on 2nd Reading ® Implementing Resolution ® Set Public Hearing For CONTINUED TO PIKE NUMBER Authorize the City Manager and Clark of the Council to execute agreements with First American Title Company and Commonwealth Land Title Company, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide on -call real estate title and escrow services for a three -year term expiring March 31, 2018, with the option to extend for two one -year terms by written authorization of the City Manager and City Attorney, for a maximum of five years, in a total amount not to exceed $380,000 for each firm. The City routinely constructs various roadway widening and other public improvement projects, which require real estate title and escrow services for property acquisitions and title search, These services include preliminary title reports, litigation guarantees, basic title Insurance, and other escrow services. On December 24, 2014, the Public Works Agency released a Bequest for Proposal (RFP) to qualified consulting firms to provide on -call real estate title and escrow services. Staff encouraged wider participation by contacting twelve companies by telephone and direotly emalling the RFP, as well. However, staff found that many companies are not equipped to provide the services required by a public agency for projects on the scale of Bristol Street, Warner Avenue, or Grand Avenue improvements, Consequently, only two proposals were received and evaluated by a review committee from the Public Works Agency. Each of the firms was rated according to its qualifications, experience, references, and capacity to perform the required work. The following is a summary of the two firms and their respective scores: FIRM RATING 1. First American Title Company 97 2. Commonwealth Land Title Company 94 25F -1 Agreements for On -Call Real Estate Title and Escrow Services April 7, 2015 Page 2 Based on rating and experience, both firms are equipped and capable of meeting the City's needs for these types of services. Both firms offer competitive pricing for producing preliminary title reports, escrow services, and basic title insurance. First American Title Company offers a better rate for producing preliminary title reports, while Commonwealth Land Title Company offers a better rate for escrow services and basic title insurance. Staff recommends that both firms be retained to support the City's public improvement projects. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans), ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for these on -call right -of -way services will be allocated as needed from various project budgets. Funds for housing and /or other development projects as needed will be available in the appropriate program budgets. Exebutive Director Public Works Agency Executive`Director Community Development FM /EWG /ML APPROVED AS TO FUNDS AND ACCOUNTS: , RRsg '` ".- A_-) Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement and fee schedule - First American Title Company 2. Agreement and fee schedule - Commonwealth Land Title Company 25F -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of April 2015 by and between First American Title Company (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 title and escrow related services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perfonn those services as set forth in Exhibit A to this Agreement on an "as- needed' basis. Consultant understands that within the scope of work defined herein that it is being requested to perform title and escrow services for the City and in conjunction therewith to issue Title Insurance Policies. The Consultant agrees to issue Title Insurance Policies in conjunction with this work and City understands that any liability of Consultant is subject to all Schedules, Exclusions, Exceptions, Covenants and Conditions contained in each policy. The title services maybe used from various agencies in the City. However, Title company shall proceed work only when received Notice to Proceed from Public Works Agency. Any work done without Public Works Agency authorization shall not be compensated. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges as set forth in Consultant's proposal as identified in Exhibit B. Consultant has filed, rates with the State of California and may not deviate from them, The total stun to be expended under this Agreement shall not exceed $360,000 during the entire term of this Agreement, including any extensions of the term 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 Exhibit 1 1 25F -3 be made for work which fails to meet the standards of performance of a professional Title Insurance Company. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2018, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for two additional one -year terms. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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, employees, agents, volunteers and representatives as additional insured(s) 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 acts or occurrence arising out of Consultant's performance of this Agreement. 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, $2,000,000 in the aggregate. Consultant shall supply City with a folly executed additional insured endorsement in substantially the form attached hereto as Exhibit C 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. Q, Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against 25F -4 liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) The 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 from the Consultant to the City. £ 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. MDEMNIFICATION To the fiillest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 25F -5 CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther 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 mariner with performance of services specified guider this Agreein.ent. 9. NOTICE With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other commrmication 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.Q. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Fax: (714) 647 -5635 and 25F -6 To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 Donald P. Kennedy Vice President, Orange County Manager First American Title Company 4 First American Way Santa Ana, California 92707 Fax 714 - 913 -6358 Email: dlcennedy @frrstam.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by 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 proposes 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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 25F -7 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 (3 0) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 25F -8 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. 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose andoval Chi Assistant City Attorney FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVA70S City Manager CONSULTANT DONALD P. KENNEDY Vice President, Orange County Manager First American Title Company Tax ID# 25F -9 EXHIBIT A SCOPE OF SERVICES 25F -10 APPENDIX EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES RFP NO.: 14 -085 SCOPE OF WORK The Proposer shall provide real estate title, escrow and related services for various Capital Improvement Projects and other facilities that will be used for public use under the direction of City staff. The Proposer will be expected to provide experienced and knowledgeable professional staff. The Proposer and its staff or representatives shall be responsive and maintain excellent working relationships with City staff and City Right -of -Way Consultants. The Proposer shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. On an as- needed basis, Proposer is responsible for providing real estate title and escrow services on a timely manner, including but not limited to: ➢ Preliminary title reports 1. Update to an existing title report (either ordered by the City or others) 2. Issue new reports and provide copies of all underlying exception and exclusion documents. ➢ Litigation guarantees —Issue condemnation litigation or continuation guarantees. ➢ Provide other related information and documents of record concerning title to property such as copies of vesting deeds, parcel maps /tract, maps, FEMA flood zone designations. ➢ Issue chain of title reports on an exception basis (seldom required) ➢ Assist with the development of legal descriptions for: a) public and private properties; and /or b) unrecorded easements, right -of -way or other apparent encumbrances or rights granted by other agencies. ➢ Assist the City, its consultants and agents in resolving issues affecting marketable title to properties through, among other things, recordation of corrective instruments and /or other appropriate means, ➢ Escrow services: Issue either CLTA or ALTA extended - coverage owner CLTA 100 Comprehensive CLTA 103.1A Encroachment Coverage CLTA 103.4 Access through an easement CLTA 103.7 Access CLTA 110.1 Deletion of item from policy CLTA 116 Location CLTA 116.1 Survey CLTA 116.4 Contiguity CLTA 116.7 subdivision CLTA 123.3 Zoning 25F -11 ➢ Assist the City in determining the appropriate amount of title insurance coverage for each property or portfolio (or portion thereof) whether acquired by purchase or without financial consideration and taking into account valuation as determined by appraisal, or by opinion of value from a commercial real estate company. ➢ Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title report unless waived by the City in writing. ➢ Obtain partial release, partial re- conveyance and subordination agreements from the property owners or any party having interest in the property. ➢ Ensure that all conditions present and conditions subsequent provide for in the Purchase Agreement are met and satisfied prior to closing escrow. Y Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City and grantor(s). Proposer shall ensure all legal requirements are satisfied prior to escrow closing. ➢ Provide a comprehensive Escrow Services to the City and owners involved in the related transactions. ➢ Prepare all necessary conveyance documents; demand and release of lien /encumbrance documents and submit the same for approval by the City prior to close of escrow. ➢ Record grant deeds, certificates of acceptance. Memoranda of agreements and related documents required with respect to the transfer of each property in the office of Orange County Recorder. ➢ Distribute to the parties originals or copies of executed and /or closing documents ➢ Disburse to the party or parties entitled hereto amounts required to be disbursed in connection with the closing of each property transfer transaction. ➢ Prepare closing settlement statements reflecting pro - rations and funds disbursed through escrow in each property transfer transaction. ➢ Provide additional services related to title, escrow and related services specified above, at hourly rates, the scope of which will be agreed to in writing between the City & Proposer. ➢ Meet and coordinate work with other right -of -way consultants as directed by the City. ➢ Prior to closing escrow, Proposer shall order and provide the City with an updated Preliminary Title report to ensure that no new liens and /or encumbrances are recorded on the property /property interests to be acquired by the City. ➢ Provide multi lingual services as needed for efficient closing of escrow. ➢ Company shall at no cost to the City provide status reports of the requested services on a weekly, bi- weekly, or monthly basis at City's option. ➢ Proposer shall at no cost to the City provide the City and its consultants with password protected access to Proposer's website dedicated for City's projects. The website shall contain all copies of City ordered reports and other documents will be posted no later than due date agreed upon and indicated on the work authorization. Website access must be available to City throughout the term of the agreement and after expiration for a minimum of 3 months from time all ordered documents and reports have been posted. ➢ Proposer shall provide a fee on City provided template Attachment 1 "Price Proposal Form ". 25F -12 EXHIBIT B FEES AND RATES 25F -13 rice Schedule See attached Price Proposal Form along with First American's filed Residential and Commercial Fees pertaining to the scope of work requested, 25F -14 Attachment 1 Price Proposal Form RFP 14.086 The following Hourly Rates and Fixed Prices shall be applicable throughout the full term of the Agreement, including its extensions or reinstatements. Service Name Description Price or Houry Expedited Rate Price or Hourly Update to Preliminary Original report provided by Service Provider Redrt under revlous,ontTot with CITY Nookar e. Update to Preliminary Original report preduced by another firm Report $375 New Preliminary Report of fillill b ollcy e provided by 3 AUTHORITY Now Preliminary Report title policy will not be provided by C TY q of Uti affon Guarantee Orl anal re ort sr. ecto c- A t-F &eke. ConlinuationGuarantee G1teeColr Y1rne.l.e,k Other Related Documents Provide documents as requested of Record No r-t,% e Chain of Title Relsort Issue Chain of Title oolno back fi vears A tFu a ke Chain of Title Report issue Chain of Title going back beyond 30 6Gt�a,lrPer At1.,�.esi� ears Legal Description Assist in Development of new legal desert gon Ice Per 60 sr /•'tcy Marketable Title Resolve issues affecting Marketable Title as &'I described IJA o r M 6 Icy CLTA or ALTA Extended Issue Extended Coverage Owner's Policy Coverage Owners Policy based on Value, with following 6c.k vW# (t A t i -e-I^eA selected endorsements, as required: ❑ CLTA 100 Comprehensive Coverage ❑ CLTA 116 Wcadon ❑ CLTA 1o3.1A Encroachment Coverage ❑ CLTA'l16,1 Survey ❑ CLTA 103.4 Access through an Easement ❑ CLTA 116.41 Contiguity ❑ CLTA 103.7 Access ❑ CLTA 116.7 Subdivision ❑ CLTA 110.1 Deletion of Item Rom Policy ❑ CLTA 123,3 Zoning ❑ Others as required tlo be quoted on an as needed basis through the Work Aggregate Policy Add Extended Coverage Owner's Policy to 5ck <�u I �t #im A re a e Policy ed,e x Recording Services Deada Tide Corrective Instruments rJD cL%d 'a �. ❑Agreements Memoranda c.,a,,o'-I Other Instruments 6 Documents F74+— 0,,1 y Eacfew Services Out -of- Pocket Expenses for Escrow Services: L7 Overnight Mail ❑ Courier Fees faaL� e v 1 �- * n nctn< Document Pre afalion Other Services Provide additional Services related to the Provide hourly title, escrow and related services s ecified rates by 25F -15 Attachment 1 Price Proposal Form RFP 14.485 Notes: The Proposer shall not charge nor shall the CITY pay any overtime rate. No additional charges, consulting fees or retainers will apply. 25F -16 above, at hourly rates. The scope of these $ervices will be agreed to in vMtIng with the CITY via the Work Authorization Process given in the Agreement. personnel title. Status Reports Proposer will at no charge provide the CITY No Charge with regular order status reports on a weekly, bi- weekly, or monthly basis, at CITY's option. Delivery of Tide Contractor will at no charge provide CITY and No Charge ReportslDccuments/Status Its consultants with password protected Reports access to an CITY - dedicated section of Contractor's website, where copies of all CITY - ordered reports and other documents will he posted no later than the order due date agreed upon and Indicated on the Work Authodzatlon. Webslte access must be available to CITY throughout the term of the Agreement (and any renewal terms), and after i4ralion, for a minimum of three (3) months from the time all ordered documents and reports have been posted. For Policies of Title Insurance, Contractor also will mail the CITY an original for Its ale. Notes: The Proposer shall not charge nor shall the CITY pay any overtime rate. No additional charges, consulting fees or retainers will apply. 25F -16 FIRST AMERICAN TITLE INSURANCE COMPANY J-11 0 Residential Schedule of Fees .2. Q 2014 First American Title Insurance Company. All rights reserved. 25F -17 November 10, 201q GENERAL INFORMATION THiS SCHEDULE OF PEES SHALL NOT BE CONSTRUED AS ESTABLISHING OR CHANGING THE RULES AND PROCEDURES PERTAINING TO THE PRACTICES FOLLOWED BY THE COMPANY. THE RATES CONTAINED IN THIS SCHEDULE OF FEES ARE APPLICABLE ONLY TO THE PRODUCTS AND SERVICES PROVIDED FOR HEREIN. DEFINITIONS ALTA: American Land Tide Association. • Basic Escrow Services: See Definitions in Section F. • Binder; See description in subsection B -S. CLTA: California Land Title Asmciation. • Company: First American Title Insurance Company and its authorized agents. EAGLE Loan Policy: FATICO's branded version of any of the ALTA Expanded Coverage Residential Loan Policies. • EAGLE Owner's Policy; FATICO's branded version of the CLTA/ALTA Homeowner's Policy of Title Insurance. Fair Value: The Fair Value is the sale price, bxcept that where no sale is involved, the Fair Value is determined based on available information, but in no event is less than the sum or all the monetary encumbrances to which the title is subject. The Company will not Issue tilde Insurance for less than the Fair Value of the estate or interest to be Insured or for more than the Fair Value of the estate or Interest to be insured without approval from FATICO's underwriting department, except that; 3. an Owner's Policy issued In connection with the purchase of the subject property may ba issued in the amount of the purchase price or the contemplated value of the land with planned Improvements; and 2. where undivided interests In a property are being conveyed or encumbered, a policy may be Issued describing such undivided Interests and charged for based upon the value or such undivided interests, • PATICO: First American Title Insurance Company, r Loan Policy: A policy insuring a lender or assignee of a lender other than a Mobile /Manufactured Home Loan Polity. Mobile /Manufactured Home Owner's Policy or Mobile /Manufactured Home Loan Policy: A FATICO proprietary farm of policy insuring an Interest in a mobile /manufactured home that has been registered with the Califomia Department of Housing and Community Development but has not been converted to real property, • Multiple Loan Policies: See description in subsection C-4. New Home Subdivision: Newly constructed improved one -to -four family residential properties (including condominiums) offered for sale for the first time that include two or more separate lots or units of occupancy that are for sale as separate units. For purposes of this definition, a "sale" Includes assignment of a ground lease. • Non -EAGLE Loan Policy, Any Loan Policy other than an EAGLE Loan Policy. • Non-EAGLE Owner's Policyr Any Owner's Policy other than an EAGLE Owner's Policy. Owner's Policy: A policy insuring an owner, optionee, vendee, or lessee other than a Mobile /Manufactured Home Owner's Policy. • RED (Real Estate Owned): Property currently owned by a lender (or the lender's affiliate, Investor or insurer) that acquired the property through a roredosure sale or a deed in Ileu of foreclosure. The lender's "affillate" is any person or entity that directly or indirectly controls, Is controlled by, or Is under common control with the lender. • Short Sale: See Definition In Section F. -s- ® 2014 First American Tide Insurance Company. All rights reserved. 25F -18 November 10, 2014 Western Regional Exceptions (or "WRE "); The following exceptions to coverage for a Non -EAGLE Loan Policy or NOWEAGLE Owner's Policy$ 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records, 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof, 9. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, S. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in acts authodxing the issuance thereof, (c) water rights or, claims or Utle to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any Ilen or right to a lien for services, labor or material not shown by the public records, ROUNDING UP OF APPLICABLE RATES, FEES AND CHARGES All rates, fees and charges contemplated by this Schedule shall be rounded up to the next dollar at each calculation except as otherwise expressly provided. ENDORSEMENT RATES Rates for endorsements are set forth In the appendices to this rate manual as follows: • GLTA Endorsement Rates - Appendix G • FAMO Endorsement Rates - Appendix D • ALTA Endorsement Rates - Appendix E When determining Policy Type for purpose of these appendices, the endorsed policies are either Owner or Loan, and either Standard or Extended. For this purpose: • "Standard" means a Non -EAGLE Owner's Policy with WRE or a Non -EAGLE Loan Policy with WRE; and • "Extended" means a Non -EAGLE Owner's Policy without WRE or a Non -EAGLE Loan Policy without WRE. When an endorsement Is Issued for an EAGLE Owner's polity, the rate applicable to a "Standard" Owner's Polity applies. When an endorsement Is Issued for an EAGLE Loan Policy, the rate applicable to an "P.xtendod" Loan Policy applies. .a- O 2014 First American 11de Insurance company. All rights reserved. 25F -19 November 10, 2014 Residential Title Fees SECTION A BASIC TITLE INSURANCE RATE The Basic Title Insurance Rate Is set forth In Appendix A. SECTION B OWNER'S INSURANCE B -1) OWNER'S POLICY OTHER THAN THOSE ADDRESSED IN SUBSECTIONS B -2 THROUGH B -4 Far on Owner's Polity other than an Owner's Policy issued under subsection B -2, 8•3, or B-4 below, the Fallowing rates apply: Policy T e Rate Non -EAGLE Owners PoRM with WRE 100% of Basic Title Insurance Rate. Minimum 395 EAGLE Owner's Poll 1104M of Basic Title Insurance Rate. Minim m 035 Non•EAGLE Owners PWi without WRE 125% of Basic Title Insurance Rate, Minimum 500 25F -20 SECTION F ESCROW The applicable rates for escrow services shall be determined by the county where the office of the Company handling the escrow Is located and not the county where the property is located, except that the rates for REO escrows described In subsection F•2 below are based on the county where the property Is located. The rates set forth in this Section F are not to be charged on a "per side" basis. However, the charges may be apportioned among the parties to the transaction In accordance with the instructions of the parties. Services in connection with transactions initiated and coordinated by First American Mortgage Services are subject to Section G below. [DEFINITIONS: BASIC ESCROW SERVICES means the primary escrow services, Including but not limited to: in the case of escrow in connection with a sale transaction other than REO or a Now Home Subdivision, optional enrollment by the buyer In the "First American eproperty Watch" property monitoring service, document preparation, • electronic document download, + receipt of incoming funds and issuance of disbursements, whether by check or wire transfer, Including associated wire transfer fees, • overnight delivery, Induding associated overnight delivery fees, and • processing of a subordination. SASICESCROWSERVICESdo not Include the following services, the rates for which are set forth in subsection F -7, Miscellaneous Services: • notary fees and signing services, • recording fees, • check returned due to insufficient funds, • interest bearing account set -up, • funds held In escrow over 90 days after either dose of escrow or estimated dose of escrow, • additional fee for Escrows involving I.R,C, 4 1031 Exchanges asset forth In subsection F -7 below, fees for services obtained from a third party (other than the Company) and not otherwise specifically Included in this Schedule of Fees, • spedally retained messenger service to accommodate or comply with the instructions of the parties In a specific transaction for which the Company is Invoiced based on the individual service request, or . transfer tax or any other governmental fees or charges, In addition, Basle Escrow Servlces do not Include New Loan Services fees as set forth in subsection F -4 below. Shart5alo means a sale transaction In which the proceeds of the sale are Insufficient to satisfy the outstanding obligations secured by the subject property and one or more creditors or lenders agrees to accept less than the amount that is owed on the property in satisfaction of the outstanding loan or loan obligations. -17- Q 2014 First American Title Insurance Company. All rights reserved. November 10, 2014 25F -21 Residential Escrow Fees (b) ESCROW REGION 2: For use in the following counties: Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego and Ventura, Transaction Amount up to Rate M $ 50 000 _._ $700 60,000 750 70,000 810 00,000 870 90,000 930 100000 990 300,000 Add $35 for each $10,000 or Tract on shove 1 0 000 2,000,000 Add $30 for each $10,000 or fraction ab ve 300 000 Greater than 2,000,000 6,790 F•7) MISCELLANEOUS SERVICES The Items below are not to be charged when theservice is expressly induced in the description of the applicable escrow services. Typo of Service Rate Check returned due to insufficient funds $15 per check returned Intnrest bearin attount set-up $50 per account Funds held in escrow over 50 days after either cfase of escrow or estimated close of escrow Monthly fee of $25 Escrows involving I.R.C. § 1031 Exchanges Additional $200 per exchange component Recording fees, transfer tax or any other governmental fees or charges Actual charge or tax Wire transfer fee $15 per wire Overnight delivery faes $15 per delivery Document preparation fee $50 per document Electronic document download fee where New Loan Services are not being provided $50 per set of documents Fat per cheek to pay credit card or other debt not secured by the real property involved in the escrow $10 per check Notary fees $10 per signature acknowledgement Fees for services, Including but not limited to signing services, obtained from a third party (other can the Company) and for which a specific fee or charge is not assigned for the individual service In this Schedule of Fees Actual charge 25F -22 .... I . First American Title Insurance Company 1 r 1 r Commercial Schedule of Fees -2a- QQ 2014 First American Title Insurance Company, All rights reserved. 25F -23 November 10, 2W GENERAL INFORMATION THIS SCHEDULE OF FEES SHALL NOT BE CONSTRUED AS ESTABLISHING OR CHANGING THE RULES AND PROCEDURES PERTAINING TO THE PRACTICES FOLLOWED BY THE COMPANY. THE RATES CONTAINED IN THIS SCHEDULE OF FEES ARE APPLICABLE ONLY TO THE PRODUCTS AND SERVICES PROVIDED FOR HEREIN, DEFINITIONS ALTA: American Land Title Assocladon. Basic Escrow Services: See Definidon In Section C -E • Binder: See Section C -8-4 CLTA: California Land Title Association. + Commitment: ALTA Plain Language Commitment or ALTA Commitment • Company: First American Title Insurance Company and Its authorized agents. + Fair Value: The Fair Value is the sale price, except that where no sale Is involved, the Fair Value Is determined based on available information, but In no event is less than the sum of all the monetary encumbrances to which the title Is subject. The Company will not Issue title Insurance for less than the Pair Value of the estate or Interest to be Insured or for more than the Pair Value of the estate or Interest to be Insured without approval from FATICO's underwriting department, except that: 1. An Owner's Policy Issued In connection with the purchase of the subject property may be Issued in the amount of the purchase price or the contemplated value of the land with planned improvements; and 4 where undivided interests In a property are being conveyed or encumbered, a policy may be issued describing such undivided Interests and charged for based upon the value of such undivided Interests, • FATICO: First American Title Insurance Company. • Loan Policy: A policy Insuring a lender or assignee of a lender. + Multiple Loam Policies: See subsection C -C -4, • Owner's Policy: A Policy Insuring an owner, optionee, vendee, or lessee. For the purposes of this Commercial Schedule, Owner's Policy does not Include an Eagle Owner's Policy as defined in Part 1, Residential Schedule of Fees. » RED (Real Estate Owned)t Property currently owned by a lender (or the lender's affiliate, Investor or Insurer) that acquired the property through a foreclosure sale or a deed in lieu of foreclosure. The lender's "affiliate" Is any person or entity that directly or Indirectly controls, is controlled by, or Is undercommon control with the lender, • Leasehold Policy: Any form of policy where the estate of Interest Insured Is a leasehold estate. -az- 0 2014 First American Title Insurance Company. All tights reserved. 25F -24 November 10, 2014 • Western Regional Exceptions (or "WRE'7i Standard exceptions from coverage included within various policy forms as a matter of local practice. L. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any fads, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. Any lien or right to a Iien for services, labor or material not shown by the public records. ROUNDING UP OF APPLICABLE RATES, FEES AND CHARGES All rates, fees and charges contemplated by this Schedule shall be rounded up to the next dollar at each calculation except as otherwise expressly provided, ENDORSEMENT RATES Rates for endorsements are set forth in the appendices to this rate manual as follows; • CLTA Endorsement Rates - Appendix C • FAT1CO Endorsement Rates - Appendix D • ALTA Endorsement Rates - Appendix E When determining Policy Type for purpose of these appendices, the endorsed polities are either Owner or Loan, and either Standard or Extended. For this purpose; • "Standard" means an Owner's Policy with WRE or a Loan Policy with WRE; and • "Extended" means an Owners Policy without WRE or a Loan Policy without WRE. -n. U 2014 First American Title Insurance Company. All rights reserved. 25F -25 November 10, 2014 Commercial Title Fees SECTION C -A BASIC TITLE INSURANCE RATE The Basic Title Insurance Rate is set Forth in Appendix A ..... �.,.. .,..... � . ........ .... .. . .... ..................... ............................... . �. SECTION C -B OWNER'S INSURANCE C•8-1) OWNER'S POLICY E0114Y. Type I Rate 0wnees Policy with Western Regional Exceptions 100% of Basic Title Insurance Rate. Minimum $395 C�LN!Ith WRE" Owner's Polity without Western Regional 125ak of Basic Title Insurance Rate. Minimum $500 Exceptions ( "without WRE") 25F -26 SECTION C -E ESCROW Except for rates under Sections C -E -6 (Miscellaneous Services), the escrow rates set forth In this Section constitute the total escrow rate for the given transaction and are not to be charged on a "per side" basis. However, the total escrow rate may be apportioned to either side in accordance with the instructions of the parties, The applicable escrow rates shall be determined by the county where the escrow Is being handled and not the county where the property Is located. DEFINITIONS., BASICESCROWSERVICES means the primary escrow services, including but not limited to: document preparation, • electronic document download, receipt of Incoming funds and Issuance of disbursements, whether by check or wire transfer, • overnight delivery, and • processing of a subordination BASIC ESCROWSERWCESdo not include the following services: • notary and signing services, • recording fees, • check returned due to insufficient funds, interest bearing account set -up, • funds held in escrow over 90 days after either close of escrow or estimated close of escrow, • additional fee for Escrows Involving I.R.0 § 1031 Exchanges as set forth In subsection C -E -6 below, • fens for services obtained from a third party (other than the Company) and not otherwise specifically Included in this Schedule of Fees, specially retained messenger service to accommodate or comply with the instructions of the parties In a specific transaction for which the Company is Invoiced based on the individual service request, or • transfer tax or any other governmental fees or charges, .so, O 2014 First American ntie Insurance Company. All rights reserved. 25F -27 November 10, 2014 Commercial Escrow Fees (b) ESCROW REGION 2! For use In the following counties: Imperial, Inyo, Los Angeles, Mona, Orange, Riverside, San Bamardino, San Diego, San Luis Obispo, Santa Barbara and Ventura. Transaction Amount: Up to Rate b 60,000 s 655 Igo 000 750 150 B00 Soo a00,00o 850 250,000 900 300,000 950 350 000 L coo 400,000 1050 450,000 1 100 sOtl Oo0 L 150 SSQ0g0 1,265 C-E -S) MISCELLANEOUS SERVICES U to Rate 600,000 5 1,380 6150,00 1,495 700 ,000 1161Q 750,000 1 725 $00,000 2,040 850 000 3,95S 900 000 2 070 950,000 2,185 1000 000 2,300 2,000,000 2 700 3 000 OBO 3,200 Unless otharwisa included In an applicable escrow rate, the following rates may apply: Tym of Semi" Rate Check retumed due to Insufficient funds I5 per check returned Interest bearing account set-tip 0 er Pero nt Funds held in escrow ova 90 days after either close of escrow or esdmated dose of escrow Monthly fee of $25 Escrows Ii I.R.C. 111031 C -7chan Additional 200 per veharge-ccaripailetrit Recording fees, transfer tan or any other governmental leas or charges Actual charge or tax 'Hire Mansferf 13 per wire Overni S 1$ Der dalh'e Document preparation fee Steer d,au�m Electronic document download fee where New Loan Services are not bein rovl e,Q, ,-gent $50 per set of documents Fee per ehock to pay credit card or other debt net sacur by. the real propo& Involved in the escrow $10 per check Fees for services obtained from a third party (other than the Company) and for which a specific fee or charge is not assigned for the individual service In tide Schedule of Fees Actual charge Note 10 par signature ackriqw1eftement 25F -28 Guarantees SECTION C -G GUARANTEES C•G•5) LITIGATION GUARANTEE (CLTA GUARANTEE FORM NO. 1) 100% of the Basic Title Insurance Rate, based upon the value of the estate or Interest Involved, minimum 5345. A continuation report (CLTA Guarantee Form No. 2) may be Issued within twenty-four (24) months from the date of the original guarantee for a rate of 5g5, C•0«6) CHAIN OFTITLE GUARANTEE (CLTA GUARANTEE FORM NO,6) $100, plus 55 for each Item reported, The amount of liability shall be $1,000. For liability amounts in excess of $1,000, the rate shall be calculated using the Basic Title Insurance Rate. 25F -29 APPENDIX A BASIC TITLE INSURANCE RATE Policy Amount Up to Rate UR to Rate Up to Rate Up to Rate Up to Rate $60,000 $395 $450,000 $1,248 840 000 1868 1 23 Oq0 2 384 $1,620,000 $2,852 70,000 433 460,000 1,264 850,000 1,883 1240 000 2,396 1,630,000 2 864 80,000 471 470,000 1,280 860,000 1,898 1,250,000 2 408 1640 000 2,876 90,000 508 480,000 1,296 870,000 191.3 1,260,000 2 420 1650 000 2,888 100,000 535 490,000 1.312 880,000 1,028 1,270,000 2 432 1,660.000 2,900 110,000 559 1 500,000 1,329 890,000 1943 1 280 00D 2,444 1670 006 2,912 120,000 581 510,000 1,344 900,000 1,958 1,290,000 2 456 1600 000 2,924 130,000 603 520,001) 1,360 ___210400Q_ 1,973 1300 000 2,468 1,690,000 2,936 14Q,QOQ 626 530 00D 1,376 920,000 1,988 1,310,000 2 480 1,700,000 2 948 150,000 648 540,000 1,392 930,000 2,003 1,320,000 2 492 1,710,000 2,960 160,000 672 550,000 1,408 90,000 2,018 1,330,000 1 504 1,720,000 2 72 170,000 694 560,000 1,424 950,000 2,033 1,340,000 2 516 1730 000 2,984 180,000 717 570,00D 1,440 960,000 2,048 1 1350 000 2,528 1740 00p 1 2,996 190,000 739 580,000 1.456 1 970,000 2,063 1360 000 2,54D 1750 000 1 3,008 200,000 762 59D,000 1,472 980,000 -2,078- 13.70 000 2;S52 1760 000 3,019 210,000 785 600,000 1,488 990 000 2,093 1 380 000 2 564 1770 000 030 220,000 808 610,000 1,504 1000 000 2,108 1 390 COO 2 576 1780 nnn 3 041 230,000 830 620,000 1,520 1010,000 2,120 1400 000 2 508 1790 000 3,052 240,000 853 630,000 1,536 1020 000 2,132 1410 000 2 600 1800 000 3,063 250,000 876 640,000 1,552 1030 000 2,144 1420 000 2 612 1,810,000 3,074 260,000 899 650,000 1,568 1040 000 2,156 143U 000 2 624 1820 000 3,085 27.0 000 921 660,000 1,584 1050 000 2,168 1 1 440 000 2 636 1830 000 3,096 260,000 945 670,000 1,600 1060 000 2,180 1 1450 000 Z648 1840 000 3,107 290,000 966 680 000 1,616 1,070,000 2,192 1460 000 2,660 1850 000 3,118 300,000 990 690,000 1,632 1080 000 2,204 1470 000 2,672 1860 000 3,129 310,000 1,007 700,000 1,648 1090 000 2,216 1480 000 2,684 1870 000 3,140 320,000 1,025 710 000 1,664 1,100,000 2 228 1490 000 2,696 1800 000 3,151 330,000 1,043 720,000 1,680 1 110 000 2,210 1,500,000 2 708 1890 000 3,162 340,000 1061 730 OCO 1,696 1,120 000 2,252 1 510 000 2,720 19 D 000 3,173 350,000 1079 740,000 1,712 1,130,000 2 264 1 520 000 2,732 1910 000 3,184 360,000 1,097 750,000 1,728 1,140,00D 2 276 1,530,000 2 744 1920 000 -3,195 370,000 1 1,115 1 760,000 1,744 1 1,150,000 2 288 1 L,540,000 2,755 1930 000 3 206 380,000 1,133 770,000 1,760 1 AO = 2,300 1,550,000 Z 768 1940 000 3 217 390,000 1 151 781000 1776 1,170,000 2 311 1560 000 2,730 1,950,000 3 228 400 000 1168 790,000 1 92 1,180,000 g,324 1570 000 2,792 1960 000 3 239 410,000 1 184 800,000 1,808 1 190 000 2,336 1580 0 0 2,804 1970 000 3 250 420,000 1,200 810,000 1,823 1200 000 2,340 1590 000 2,816 1980 OOO 3 261 430,001) 820,000 1,838 1210 000 2,360 1,600,000 2,828 1990 000 3 272 440,000 _1,216 1,232 830,000 1,853 1220 000 2,372 1610 000 2,840 2,000,000 3 Z83 For pollcy amounts above $2,000,000 add $6 for each additional $10,000 or Fraction thereof. •72- O 1014 Rrst American title Insurance Company. All rights reserved. 25F -30 November 10, 2014 EXHIBIT C 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 (3 0) 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 to Authorized Representative 25F -31 25F -32 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of April 2015 by and between Commonwealth Land Title Company (hereinafter "Consultant' ), and the City of Santa Ana, a charter city and municipal corporation organized and existing raider 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 title and escrow related services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement on an "as- needcd' basis. Consultant understands that within the scope of work defined herein that it is being requested to perform title and escrow services for the City and in conjunction therewith to issue Title Insurance Policies, The Consultant agrees to issue Title Insurance Policies in conjunction witlr this work and City understands that any liability of Consultant is subject to all Schedules, Exclusions, Exceptions, Covenants and Conditions contained in each policy. The title services may be used from various agencies in the City. However, Title company shall proceed work only when received Notice to Proceed from Public Works Agency. Any work done without Public Works Agency authorization shall not be compensated. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges as set forth in Consultant's proposal as identified in Exhibit B, Consultant has filed rates with the State of California and may not deviate from them. The total sum to be expended under this Agreement shall not exceed $360,000 during the entire tern of this Agreement, including any extensions of the term of this agreement. Exhibit 2 t 25F -33 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 of a professional Title Insurance Company. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2018, unless terminated earlier in accordance with Section 12, below, The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for two additional one -year terms. 4. INDEPENDENT CONTRACTOR Consultant shall, daring 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, employees, agents, volunteers and representatives as additional insured(s) 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 acts or occurrence arising out of Consultant's perfonmance of this Agreement. 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, $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C 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. 25F -34 c. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) The 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 from the Consultant to the City. f 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 perfonned prior to approval of insurance by the City. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to properly or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, 25F -35 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 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 With the exception of insurance certificates and renewals covered by Section 5,e,iv, above, 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: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Fax: (714) 647 -5635 and 25F -36 To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Griffin A. Wayne Vice President Commonwealth Land Title Company 4100 Newport Place Drive, Suite 120 Newport Beach, California 92660 Fax 949 -258 -5590 Email: gwayne @cltic.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by 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, the terns 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 25F -37 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 maybe terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 Iaws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25F -38 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. 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Atto ey By: Jose i oval Chief istaut City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT GRIFFIN A. WAYNE Vice President Commonwealth Land'fitle Company Tax ID# 25F -39 EXHIBIT A SCOPE OF SERVICES 25F -40 APPENDIX EXHIBIT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL REAL ESTATE TITLE AND ESCROW SERVICES RFP NO.: 14 -085 SCOPE OF WORK The Proposer shall provide real estate title, escrow and related services for various Capital Improvement Projects and other facilities that will be used for public use under the direction of City staff. The Proposer will be expected to provide experienced and knowledgeable professional staff. The Proposer and its staff or representatives shall be responsive and maintain excellent working relationships with City staff and City Right -of -Way Consultants. The Proposer shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. On an as- needed basis, Proposer is responsible for providing real estate title and escrow services on a timely manner, including but not limited to: ➢ Preliminary title reports 1. Update to an existing title report (either ordered by the City or others) 2. Issue new reports and provide copies of all underlying exception and exclusion documents. ➢ Litigation guarantees —Issue condemnation litigation or continuation guarantees. ➢ Provide other related information and documents of record concerning title to property such as copies of vesting deeds, parcel maps /tract, maps, FEMA flood zone designations. ➢ Issue chain of title reports on an exception basis (seldom required) ➢ Assist with the development of legal descriptions for: a) public and private properties; and /or b) unrecorded easements, right -of -way or other apparent encumbrances or rights granted by other agencies, ➢ Assist the City, its consultants and agents in resolving issues affecting marketable title to properties through, among other things, recordation of corrective instruments and /or other appropriate means. ➢ Escrow services: Issue either CLTA or ALTA extended - coverage owner CLTA 100 Comprehensive CLTA 103.1A Encroachment Coverage CLTA 103.4 Access through an easement CLTA 103.7 Access CLTA 110.1 Deletion of item from policy CLTA 116 Location CLTA 116.1 Survey CLTA 116.4 Contiguity CLTA 116.7 subdivision CLTA 123.3 Coning 25F -41 ➢ Assist the City in determining the appropriate amount of title insurance coverage for each property or portfolio (or portion thereof) whether acquired by purchase or without financial consideration and taking into account valuation as determined by appraisal, or by opinion of value from a commercial real estate company. ➢ Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title report unless waived by the City in writing. ➢ Obtain partial release, partial re- conveyance and subordination agreements from the property owners or any party having interest in the property. ➢ Ensure that all conditions present and conditions subsequent provide for in the Purchase Agreement are met and satisfied prior to closing escrow. ➢ Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City and grantor(s). Proposer shall ensure all legal requirements are satisfied prior to escrow closing. ➢ Provide a comprehensive Escrow Services to the City and owners involved in the related transactions. ➢ Prepare all . necessary conveyance documents; demand and release of lien /encumbrance documents and submit the same for approval by the City prior to close of escrow. ➢ Record grant deeds, certificates of acceptance. Memoranda of agreements and related documents required with respect to the transfer of each property in the office of Orange County Recorder. ➢ Distribute to the parties originals or copies of executed and /or closing documents ➢ Disburse to the party or parties entitled hereto amounts required to be disbursed in connection with the closing of each property transfer transaction. ➢ Prepare closing settlement statements reflecting pro - rations and funds disbursed through escrow in each property transfer transaction. ➢ Provide additional services related to title, escrow and related services specified above, at hourly rates, the scope of which will be agreed to in writing between the City & Proposer. ➢ Meet and coordinate work with other right -of -way consultants as directed by the City, ➢ Prior to closing escrow, Proposer shall order and provide the City with an updated Preliminary Title report to ensure that no new liens and /or encumbrances are recorded on the property /property interests to be acquired by the City. ➢ Provide multi lingual services as needed for efficient closing of escrow. ➢ Company shall at no cost to the City provide status reports of the requested services on a weekly, bi- weekly, or monthly basis at City's option. ➢ Proposer shall at no cost to the City provide the City and Its consultants with password protected access to Proposer's website dedicated for City's projects. The website shall contain all copies of City ordered reports and other documents will be posted no later than due date agreed upon and indicated on the work authorization. Website access must be available to City throughout the term of the agreement and after expiration for a minimum of 3 months from time all ordered documents and reports have been posted. ➢ Proposer shall provide a fee on City provided template Attachment 1 "Price Proposal Form ". 25F -42 EXHIBIT B FEES AND RATES 25F -43 Commonweami *M LAND TITLE COMPANY Preliminary Title Report (Fees Pronarty Type SFR's $450 Conuncrcial /Industrial $550 Utility Owned $650 City & County Owned $700 Federal, State, & Rail Road $1,000 * One free update of the title report is provided within 12 months from the time of order. From 13.24 months the cost is $350 and anything beyond 24 months will require a now search, Plotted Casements are an additional $125,00. Please allow extra time to process these. Preliminary Title Reports will contain the most current vesting decd and copies of any and all applicable underlying schedule B documents including tax and other assessment information, any and all casements and rights of way, any and all deeds, restrictions, covenants, UCC financing statements affecting property and any pending legal activity, lawsuits and bankruptcy filings of record. Our standard fees listed above include up to 3 contiguous parcel numbers with same ownership for SFR and CornmoreiaWndustrial properties located in Southern California. PTR's will be turnaround within 7 -10 business days. Notice will be given if completion is expected to be longer. Products will be distributed in soft copy formal. Additional fees could be added for "Special Handling" or when significant "Hard Costs" on a local basis is required. Properties requiring additional time and increased price are but not limited to Rail Road, Utility Owned, City, County, State, Federal, BLM or any other Government owned property. 4100 Newport Place Dr, Ste. 120 Newport Beach, Ge 92500 25F -44 COMMONWEALTH LAND TITLE INSURANCE COMPANY Basic Policy Rates for Standard Owners Policies Amowd of Insurance Base Rate (owner's) Amount or Insurance Base Rate (Owner's) Add 510.55 per $5,00 Up to and Including 530 000 $396 5185,001 -070,000 5670 530!001-35.0ra $418 5170001. 175,000 $884 35, Ot•4tl100 $418 $775,001.180000 Add $7 25 par 95,000 $40,061.45,000 5482 $180.001. 185,000 $913 4 001• 462 $185,001.100.009 928 L50,001-55,000 $472 $190,001-195,000 5 4 555.001- 00.000 $494 105,001. 200000 $957 560001.65.000 5516 5200.001.205.000 $971 $65001.70100 538 $205,001.210.000 $986 S70.001-75.000 S500 0210.001.215100 1. 0 575.001. 80,000 5582 5215,001.220.0 91014 590,001• 0 0 $804 5220901. 225100 $1.029 585 001 -80 000 5626 S 5101.230 iCi S1 043 90, Of• 5.000 $646 8230,001.23500Q 51,057 $95.001.100,000 $667 5235001.240000 91,071 Sf0 01. 09,000 9081 $2400 1.24 ,000 1180 5109,001.11 000 $695 24.001.25.000 51,100 110,0 1.115,000 5711 5, 0 1,114 5115,001. 120000 5725 D00 5120001. 125,000 719 9.000 51143 $1 Z90 1.1 0. 5754 .000 ME 00 768 ,000 51,172 S13S 001.140000 5783 0.tl00 51,1 66 140001 - 145,000 9798 3280001.285.000 $1200 9145,009.150.000 9812 $285001.290.00 .214 5150.001. 155000 5820 $290.001.295000 51.229 8155,001. 160.000 5840 $295 01- 0. 00 I 51.243 8160,001.186000 SB56 for Each Additional $5,060 ar tra40on thereof above $300,000 ease Rate (0vmer's) Litigation Guarantee Pricing is: 80% of Base Rate Minimum Charge: $485.00 cot exact Nur85 online rate calculator Is; htt : /lratacalculator.fnf.cem Up loand including 5500,000 Add 510.55 per $5,00 $1,005 Up to and including $050,000 Add 59.00 per 55,000 $2,358 Up to and Including 51,000,060 Add 59.50 per $5.000 $2.641 Up to and including $1.600.000 Add $7.60 per 55,000 53.393 Up to and Including $2,000,0p9 Add $7 25 par 95,000 $4,116 Up to and Including 52,500,000 Add S4 OD per $5.000 — S4.5j87 Up to and in eluding $3,000,000 !do $3 70 per $6,000 S4,B88 Up to and including 54,000.000 Add $3.60 per 55,000 S5,808 Over 94.000.000 Add$3.70 per 35,000 25F -45 COMMONWEALTH LAND TITLE COMPANY Escrow Fees Applicable to Orange County, CA Residential and Commercial Sale Escrow Services Transaction Amount Fee Char ed UD to $ 60,000 $630 $ 60,001 to $100.000 $725 $100,001 to $150,000 775 $150,001 to $200,000 $825 $200,001 to $250,000 $875 $250,001 to $300,000 $925 $300,001 to $350,000 $975 $350,001 to $400,000 $1,025 $400,001 to $450,000 $1,075 $450,001 to $500,000 $1,125 $500,001 to $550,000 $1,240 $550,001 to $600,000 $1,355 $600,001 to $650,000 $1,470 $650.001 to $700,000 $1,585 $700.001 to $750,000 $1,700 $750,001 to §800,000 $1,815 $800,001 to $850,000 $1 930 850,001 to $900,000 $2.045 $9001001 tc $950000 $2,160 $950,001 to $1,000,000 $21275 $1,000,001 to $2,000,000 $2 675 $2,000,001 to $3,000 000 $3,175 $3,000,001 and up Minlmum- $3,175. If additional charges are to be made, they will be based on the costs incurred and additional responsibilities assumed by the Company, and must be agreed to by the customer In writing. In writing includes customer's approval of settlements #atement. State of California 42 EHeotive: January 11, 2014 _._ 25F -46 Attachment i Price Proposal Form RFP 14 -085 The following Hourly Rates and Fixed Prices shall be applicable throughout the full term of the Agreoment, including its extensions or reinstatements. Service Name Description Price or Hourly Expedited Update to Preliminary Original report provided by Service Provider Rate Price or Hourly Re art under previous contract with CITY $300,00 $450.00 Update to Preliminary Original report producod by another firm has to bean OF roved firm Re art New Preliminary Report Copy of title policy will be provided by AUTHORITY $g5o,6o New Preliminary Report Copy of title policy will rot be provided by CITY 650 CommercieffInd trial Uti ation Guarantee OPI Inal reaorl as 0n la ry Continuation Guarantee 75 Der Other Related Documents Provide tlocumanlsasrequested om are hypedinkedinto -me products of Record Chain of Title Report Issue ChainoP7lite ein 9 backs years 3200 -5,os for each; reported Chain of Title Report Issue Chain of Puts going back beyond 30 oars $300+50o roreach item reported Legal Description Assisi in Development of new legal description NIA Marketable Title Resolve issues affecting Marketable Title at, NIA described CLTA or ALTA Extend od Issue Extended Coverage Owner's Policy Coverage Owner's Policy based an Value, with following Posted Basic Rate I iced with State selected endorsements, as required: ❑ CLTA 100 Comprehensive Coverage ❑ CLTA 116 Location ❑ CLTA 103.1A Encroachment Coverage ❑ CLTA 116,1 Survey CLTA 103,4 Access through an Easement CLTA 116.4 Contiguity - CLTA 103.7 Access ❑ CLTA 116.7 Subdivision CLTA 1 10.1 Deletion of [tam from Policy CLTA 123.3 Zoning ❑ Others as required (to be quoted on an as needed basis through the Work Aggregate Policy Add Extended Coverage Owner's Policy to posted Basic Rata led Wth State A re ate Pollc Recording Services U Deeds ❑ Title Corrective Instruments Only record document we Insure. C1 Agreements ❑ Memoranda Can provide our Van ar direct information Other Instruments & Documents Escrow Services Out- 00ocket Expanses for Escrow servloosl Courier F Mall Courier Foos Overnight $15.89 Oct; Preparation Is r package 50.00 per document ❑Document Pre aratlan Courier fee based n distance of travel Other Services Provide additional services related to the Provide hourly $125.00 title, escrow and related services specified rates b 25F -47 Attachment 1 Price Proposal Form RFP 14 -086 Notes The Proposer shall not charge nor shell the CITY pay any overtime rate. No additional charges, consulting fees or retainers will apply, "WILL PROVIDE 24 HOUR ACCESS TO THE EXPRESS SYSTEM TO PLACE ORDERS, CHECK STATUS, RETRIEVE PRELIMS, DOCS AND POLICIES, 25F -48 above, at hourly rates. The scope of Inese Services will be agreed to in writing with the CITY via the Work Aulhonzalion Process given In the Agreement. personnel title. Status Reports Proposer will at no charge provide the CITY No Charge with regular order status reports on a weekly, biweekly, or monthly basis, at CITY's a tlon. Delivery of Title Contractor will at no charge provide CITY and No Charge Reports / Documents /Status its consultants with password protected Reports access to an CITY - dedicated section of Contractor's weesite, where copies of all CITY ordered reports and other documents will be posted no later than the order due date agreed upon and Indicated on the War< Authorization. Website access must be I avallable to CITY throughout the term of the I Agreement (and any renewal terms). and after expiration, for a milli Muni of three (3) months from the time all ordered documents and reports have been pasted For Policies of Title Insurance, Contractor also will mail the CITY an original for Its file. Notes The Proposer shall not charge nor shell the CITY pay any overtime rate. No additional charges, consulting fees or retainers will apply, "WILL PROVIDE 24 HOUR ACCESS TO THE EXPRESS SYSTEM TO PLACE ORDERS, CHECK STATUS, RETRIEVE PRELIMS, DOCS AND POLICIES, 25F -48 EXHIBIT C 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; 1. 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 4, Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 10 25F -49 25F -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE; APRIL 7, 2015 TITLE: INCLUSIONARY HOUSING AGREEMENT WITH PULTE HOME CORPORATION — MAGNOLIA LANE PROJECT (STRATEGIC PLAN NO. 5, 3B) CITY MANKGER G RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®i Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Inclusionary Housing Agreement Pulte Home Corporation. On November 28, 2011, the City Council adopted the Housing Opportunity Ordinance ( "Ordinance ") to encourage the development of affordable housing by requiring the inclusion of affordable units within developments that involve either an increase in the density otherwise available under applicable zoning and development standards; a change in land use designation from a zoning regulation that does not permit residential uses to one that does permit residential uses; or, the conversion of rental units to condominium ownership. This ordinance applied to all projects entitled after November 2011, with the exception of any project that had an approved development agreement. Pulte Homes Corporation, developer of the Magnolia Lane Project located at 4226, 4302, 4306 W. Fifth Street, will comply with the Housing Opportunity Ordinance by providing five (5) affordable for -sale units onsite. The proposed development will consist of twenty -eight (28) detached for -sale condominium units. Staff is working with Pulte Homes Corporation to market the City's Down Payment Assistance Loan program for the five (5) inclusionary units and to provide loans up to $40,000 to those homebuyers that qualify under the program. The developer has been working with staff to complete the documents required by the Housing Opportunity Ordinance. The Inclusionary Housing Agreement (Exhibit 1) satisfies the inclusionary housing requirement of the Project and is consistent with the standards set forth in the Ordinance. 25G -1 Inclusionary Housing Agreement — Magnolia Lane April 7, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy b (Ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria provide a minimum of 15% affordable units). FISCAL IMPACT There is no fiscal impact associated with this action. Kel Wen e Executive Director Community Development Agency Exhibit: 1. Inclusionary Housing Agreement KR/ss /nv /sb 25G -2 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded vAthout fee, (Space Above This 'Unk FQr Recorders use Onlyt (Governnn ant Cade, §§ 6103 and 27383) THIS INCLUSIONARY HOUSING AGREEMENT is dated as of April 7, 2(015, by and between the CITY OF 'SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, and Pulte Home Corporation, a Michigan Corporation ("Developer). NE-BBEW A. The Guy's Housing Opportunity y(" Ordinance ") was adopted by the City Council can November 28, 2011 and is codified In Article XVI11,1 Section 41 — 1900 of the City's Municipal Code, S. The Developer is the fee owner of the property located at 4226 4302 4306 West 50 Street, Santa Ana, California. C. The Developer desires to, at the Developer's sole cost and expense, develop a twent -e[ ht (2 8) unit Project on the Property. D. On .April 15, 2014, the City Council approved Specific Development No. 86 (SD -86) through Resolution Number 2014 -14 and Ordinance No 2859, which sots forth the City Approvals for the Project. IncSi�siariavy Housing Ayreernent - :.C�smersroip Project Pia City of Santa Ana IrJGE di L On February 23 2015, the Program Director, acting on behalf of the City, approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance and the Administrative Procedures Manual established by the City Council to implement the Ordinance requirements. F. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Incluslonary Housing Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City and the Developer, the Parties, agree as follows: The following words, terms and phrases are used in this Inclusionary Housing Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation, Administrative Procedures means the regulations promulgated by the Executive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual Developer Requirements dated January 2014, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Developer of Inclusionary Units. Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordability Period shall be defined for each Inclusionary Unit in the Inclusionary Housing Covenants Declaration recorded on legal title to the Property. ]ncluslanary Housing Agreement - Qwnarship Project . Rage 2 City of Santa Ana 25G -4 Affordable Housing Cost means the maximum costs that can be borne by Moderate Income Household based on the requirements imposed by H&SC Section 50052,5. The calculation methodology is described in Section VI of the Administrative Procedures Manual. Affordable Sales Price means the maximum sales price that can be charged for an Incluslonary Unit. The Affordable Sales Price is equal to the lesser of, The sum of the Supportable Mortgage plus the Benchmark Down Payment-, or 2. The purchase price prospective buyers are willing to pay in return for purchasing a home that Is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each Incluslonary Unit are shown in Exhibit 8 to this Incluslonary Housing Agreement. The Affordable Sales Prices for I noluslonary Units shall be adjusted quarterly, Benchmark Down Payment is a component of the Affordable Sales Price GaICUlations. For the purposes of these Administrative Procedures, the Benchmark Down Payment is set at 6% of the total Affordable Sales Price. California Health and Safety Code ("HSC") provides definitions of household income and affordable housing costs that are used in this I nclusionary Housing Agreement. City means the City of Santa Ana, California. City Approvals are defined as the entitlement approvals and the Inclusionary Housing Plan that must be approved by the Program Director prior to the issuance of building permits for the Project. City Council means the City of Santa Ana City Council. City Deed of Trust means a deed of trust that secures the Owner's obligation to comply with the obligations imposed by the [nolusionary Housing Covenant Declaration. Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement withln the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section I of this Inclusionary Housing Agreement. Inclusionary Housing Agreement. 0%Mnorship Prepot Page City of Santa Am 25G-5 Delivery Date means the date on which an Inclusionary Unit Escrow closes and the Homebuyer acquires a fee title interest in the completed InclusionM Unit. Developer means the developer of the Project, Effective Date means the date on which this Irclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and this Inclusonary Housing Agreement is delivered to the Developer. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in the Administrative Procedures. Executive Director is the Executive Director of the Community Development Agency of the City, The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exhibits means the exhibits to this Inclusiorary Housing Agreement, which are listed in Article I - Section V. Fair Market Value means the value of the I ncluslonary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. Gross Household Income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12- month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: Except as provided in subdivision (2), all payments from all sources received by the bead of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; IndWonary Housing Agreement -Ownership Praject Pogo 4 City of Santa Aria 25G-6 The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determines the net income from a business); G. Interest and dividends; d, The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e, Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus L The maximum amount which the public assistance agency could in fact allows for the Household for shelter and utilities. g, Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing In the dwelling; All regular pay, special pay and allowances of a member of the Armed 'Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); Where a Household has net assets in excess of $5,0003, income shall include the actual amount of Income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net tncluslonary Hauling Agroemant � Owaomilip Project City of Santa Ana. 25G -7 Household assets means value of equity in real property other than the Household's full -time residence, savings, stocks, bonds, and other farms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following Items shall not be considered as Income. a. usual, sporadic or irregular gifts; Amounts which are specifically for or in reimbursement of the cost of medical expenses; C. Lump -scan additions to Household assets, such as inheritances, insurance payments (including payments under health and accident Insurance and worker's compensation), capital gains and settlement for personal or property losses, d. Amounts of educational scholarships paid directly to the student or to the educational Institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment, Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; e. The special pay to a serviceman head of a Household away from home and exposed to hostile fire; Relocation payments made pursuant to federal, state, or local relocation law; Foster child care payments, The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. Induslonory, Housing Argrmnent - Qwnershlp Project T Page a City or San la Ana 25G -8 ii. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, :Service Corps of Retired Executive (SCORE) and Active Carps of Executives (ACE). HomGbuyer means an Eligible Purchaser that has executed an agreement to purchase an Inclusionary Unit. Household means all the persons who will occupy the Incluslonary Unitas their Primary Residence. A child who is subject to a legally- binding shared - custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. Excluded from the definition of Household are live -in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are riot currently living with the Household. Housing Cost means and includes all of the following costs associated with ownership of an Inclusionary Unit as defined in Title 25 of the California Code of Regulations Section 6920: Principal and Interest on a mortgage loan at the defined interest rate; 2, Property tax and assessments; I Fire and casualty insurance covering replacement value of property improvements; 4. Property maintenance and repairs; A reasonable utility allowance, as determined by the City; and Homeowner Association assessments and dices HCD means the California Department of Housing and Community Development.. HIED means the United States Department of Housing and Urban Development. Inclusionary Housing Voornont - Dwnorship Prsioal P ©Ba 7 City of Santa Ana 25G -9 Inclusionary Housing t«ovenants Declaration means the Declaration of Inclusionary Housing Covenants, Conditions and Restrictions attached hereto as Exhibit 5, Inclusionary Housing Fund means a separate fund of the City which is cod !fled in Article X!1111.1 Section 41 -1909 of the City's Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to tow and moderate income households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual, Inclusionary Housing Plan means a plan submitted for approval to the !grogram Director that details the manner in which the Inclusionary Housing obligations will be fulfilled by the Project. The Inclusionary Housing Plan form is presented in Attachment B of the Administrative Procedures Manual, and also attached as Exhibit 3 to this Inclusionary Housing Agreement. Inclusionary Unit means a completed affordable owner- occupied housing unit, including the landscape improvements thereon, if any, that is made available for sale to an Eligible Purchaser. The location of each Inclusonary Unit in the Project is shown on Exhibit 3 to this Inclusionary Housing Agreement. Inclusionary Unit Escrow means the escrow transaction by and between the Developer and each Homebuyer, through which the developer shall transfer fee title in each completed Inclusionary Unit to an Eligible Purchaser, In -Lieu Pee refers to a fee that may be paid by the Property Owner in specific circumstances In lieu of providing Inclusionary Units within a Project. These circumstances are identified in Section [I -A of the Administrative Procedures Manual. The In -Lieu Fee calculation worksheet is updated quarterly; The current Affordable Housing In -Lieu Fee calculation worksheet schedule is presented in Attachment J of the administrative Procedures Manual, Market Rate Unit means any unit in the Project that is not restricted for ownership and occupancy by Eligible Purchasers, Median Income is calculated by HCD using non - aggregated census Income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa ,Ana is Orange County. The current household income information is presented in Attachment I of the Administrative Procedures Manual inGUSFtmary l-9rusiriglkr�reem ent- Ownership Project P291) 8 City of Santa Arm 25G -10 Moderate Income refers to Households whose incomes meet the standards defined by the HI &SC Section 50093, Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household! size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCa annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income, Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011, which is codit"ied in Article XVIIIA Section 41- 1900 et seq. of the City's Municipal Code, Owner means the current owner of an Inciuslonary Unit. Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement. Program Director has the day -to -day authority for making, determinations related to the Ordinance and Administrative Procedures Manual, The Program Director will be appointed by the Executive Director. Project means the owner -occupied housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property, as shown on Exhibit attached to this Inciusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this Inclusionary Housing Agreement. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate, See Section VI-13 of the Administrative Procedures Manual for an explanation of the calculation methodology, Ind usionary Housing Agreement - Ownershlp Project Page g City` of Santa Ana 25G -11 W 7AMML DATE; RECITALS; AND EXHIBITS 9 # t. t i 1 -A. City. The City is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana Community Development Agency 20 Civic Center Plaza, M -26 Santa Ana, California 92701 Attention. Program Director Facsimile dumber. 71449 1-13. Developer. The Developer Is a Michi an Corporation: The principal o#fice and address of the Developer, for the purposes of this Incluslonary Housing Agreement, is: Pulte Home Corporation 27101 Puertd Real, Suite 300 Mission V'ieio, CA 92697 Attention: Facsimile Number: w i.• The representations and warranties of the Developer contained in Article 1 Section II shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date. The Developer's liability for misrepresentation or breach of warranty, representation Induseonary Houslag Ag reemont - Ownershiip Prof t Page10 City of SarFta Ana 25G -12 or covenant, wherever contained in this Inclusionary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement.. The Developer hereby makes the fallowing representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Dousing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: Il -A. The Developer is a Michician Corporation, lawfully entitled to do business in the State of Califomia and the City. The Developer has the legal tight; power and authority to enter into this Indusionary Housing Agreement and the Instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this lncluslonary Housing Agreement and the instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer. It -B. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Inclusionary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for the Developer's authorization to enter into this Inclusionary Housing Agreement. 11-C. Neither the execution of this Inclusionary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or to the best of the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. ll -M This Inclusionary dousing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Incluslonary Housing Agreement shall be duly executed by, and to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. Indusionary Housing Ncoonnont • Omership proioet paga ii City of Santa Ana 25G -13 Ill. Effective Dato This Inclusionary Housing Agreement is dated April 7, 2015 for reference purposes only, This Incluslonary Housing Agreement shall not go into effect before the Effective Date. IV, Recitals The Recitals set forth above are true and correct, The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference. V, Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference into the text of this Inclusionary Housing Agreement. Exhibit 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designations Exhibit 3 Inclusionary Housing Plan Exhibit 4 Schedule of Performance for Construction of Inclusionary Units Exhibit 5 Incluslorary Housing Covenants Declaration Exhibit 6 City Deed of Trust Exhibit 7 Calculations of Affordable Sales Prices Exhibit 8 Developer's Phasing Map Exhibit 9 Legal Description of Incluslonary Units Ind mionary Housing Agreament -GNnershlp Project Page U CllyofSan Pa Ana 25G-14 s.` INCLU IONARY HOUSING COVENANTS Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance and the Administrative Procedures Manual, The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies in all material respects with this Inclusionary Housing Agreement and the requirements set forth in all the foregoing documents. II. Inclusionary Housing Covenants The Developer covenants and agrees that five (5) of the units to be developed on the Property shall be Inclusionary Units reserved for sale at the Affordable Sales Price and occupancy by Homebuyers whose Gress Household Income at the time of occupancy of each Inclusionary Unit does not exceed the household income qualification limits of a Moderate Income Household. This covenant and agreement shall be binding on the successors and assigns of Developer, as set forth herein and in the Inclusionary Housing Covenants Declaration (Exhibit 5) and the city deed of Trust (Exhibit 6). ll -A. The Inclusionary Units to be developed on the Property shall be reasonably dispersed throughout the market rate project as depicted on Exhibit 3.. The Developer may change the location of any Incluslonary Unit to another area within the Project upon approval of the Program Director. Changes in the location of Inclusionary Units as approved on the Tentative Subdivision Map in which the Project is included shall be made consistent with all requirements of the Ordinance and the Administrative Procedures Manual, and shall be subject to the approval of the Program Director, such approval not to be unreasonably withheld, tl -B, The Inclusionary Units to be developed on the Property shall be proportional in the number of bedrooms to the market rate units In the Project„ they shall be comparable to the market rate units in terms of design, materials, finished quality and appearance, and be permitted the same access to the Project amenities and recreation facilities as the market rate units. Indusfonary Mcuwng Agreement" tYarnership #rgiect Page 53 City of Santa Ana 25G -15 II-C. The Inclusionary Units to be developed on the Property shall be constructed concurrently with, or prior to, the Market Rate Units in the Project. If the Project is phased, the Inclusionary Units shall be constructed in accordance with the phasing plan included as Exhibit a to this Inclusionary Housing Agreement. If the Developer wishes to Change the timing and/or phasing of the Project's construction, the City agrees to amend said schedule in a manner consistent with such change so long as the revised schedule continues to ensure that the Induslonary Units will be constructed concurrently with, or prior to, the Market Rate Units. 11-D. The Developer shall affirmatively market the Inclusionary Units to Moderate Income Households in accordance with the Administrative Procedures Manual, Ill. Sale of Inclusionary Units Each of the Inclusionary Units shall be sold to a Moderate Income Household as set forth in the Incluslonary Housing Plan, The purchaser of each Inclusionary Unit shall qualify as an Eligible Purchaser, as defined in the Administrative Procedures Manual. IV. Selection of Eligible Purchaser The Developer shall, at its sole cost and expense, conduct all procedures and comply with all requirements as set forth in the Ordinance and the Administrative Procedures Manual in selecting qualified Eligible Purchasers for each of the Incluslonary Units, Specific procedures are set forth in Attachment D in the AdmInIstrative Procedures Manual. If a prospective Homebuyer qualifies as an Eligible Purchaser, as defined herein, the Homelbuyer shall be required to execute the Developers standard purchase agreement for the purchase and sale of an Inclusionary Unit. The Developer shall seek and obtain all approvals required from the City pursuant to the Ordinance and the Administrative Procedures Manual, and shall provide the City with all documentation required pursuant to the Administrative Procedures Manual, lnolu5lanary Housing Agmern ent - Ownership Project 'sUll 4 City of Santa Ana 25G-16 V. Execution of Incluslonary Housing Covenants Declaration and City Deed of Trust The Developer shall not sell an Incluslonary Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Purchaser for the purchase of the Inclusionary Housing Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Inclusionary Housing Covenants [declaration and the City feed of Trust. The forms to be used are found in Exhibits 5 and 6, respectively, to this Inclusionary Housing Agreement. The Developer Irrevocably stipulates and agrees that breach of the Inclusionary Housing Covenants setforth above in Article 2 -- Section II will result in great and irreparable damage to the City, and will result in damages to the City that are either impracticable or extremely diffIcult to quantify. Accordingly, upon the breach of the Inclusionary Housing Covenants Declaration set forth above in Article 2 — Section 11, the City may institute an action for injunctive relief and/or specific performance for the remedy of such breach. VII. Recordation of Inclusionary Housing Covenants Declaration and City Deed of Trust Prior to the close of each Incluslonary Unit Escrow, each Homebuyer shall sign, and the City shall cause to be recorders the City Deed of Trust and the Incluslonary Housing Covenants Declaration. tnvisklanary Huarng .Rgraemenf - 4wnersiiip Frjst� Pago 16 Litt} of Santa Ana 25G -17 ARTICLE Default If either Party defaults with regard to any provision of this Incluslonary dousing Agreement, the non - defaulting Party shall serve written notice of such default upon the defaulting Party. If, after the service of written notice of such default, . the defaulting Party does not cage such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (50) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this Incluslonary Housing Agreement, and shall be liable to the other Party for damages caused by such Default. Alternatively, the non- defaulting Carty, at its option, may institute an action for specific performance of the terms of this Incluslonary Housing Agreement. In the event of a breach or potential breach of program requirements, In addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement.. II -A: The City's actions may include, but are not limited to, the following: The following legal actions: a. Actions to enforce compliance with the program requirements and to enjoin any actions by Developer that violate program requirements; b. Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; C. Injunctive relief and damages; and Induslonary Housing Agraernent- Owneislrlp ProfecY ?age 16 City o€ Santa Ana 25G -18 d. Civil citations with monetary penalties for violations of the Inclusionary Housing Agreement, 2. If the developer rents any of the Inclusionary Units in violation of this Inclusionary Housing Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained through the rental of the Incluslonary Units. 3. If the developer sells any of the Inclusionary Units in violation of this Inclus[onary Housing Agreement, as restitution to the City, the developer shall forfeit all monetary amounts obtained from the sale of the Inclusionary Units that are in excess of the Affordable Sales Price permitted by this Inclusionary Housing Agreement for such Incluslonary Units. 4. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. 11 -. The laws of the State of California shall govern the interpretation and enforcement of this Incluslonary Housing Agreement. II-C, In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service upon the Clerk of the City Council, or in such other manner as may be provided by lawn. [I-D. In the event that any legal action is Commenced by the City against the Developer, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or to such other manner as may be provided by law, and shall be valid whether made within or without the State of California. Ill. Nights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any rather Default by the other Party, Inclusiarrary Housing Agreement • GmanshIp Project _. —.. .., Page 97 City of Santa Ana 25G -19 ARTICLE Notices, Demands and Communications Between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Incluslonary Housing Agreement shall be proper if In writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated to Article 1 — Section I of this Inclusonary Housing Agreement. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered; if dispatched by messenger, or two (2) calendar days after it is placed in the United States mail. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated In Article 7 — Section 1, II. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inciuslonary Housing Agreement, or in the development of the Properly, shall participate in any decision relating to this Inclus onary Housing Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. Ill, Nan - liability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary dousing Agreement. Inalusionary Housing Ptlreement - Ownership Peojeet - Page 18 City of Santa Ana 25G -20 IV, Indemnification The Developer agrees to indemnify and held the City, and its officers, employees and agents, harmless from and against all damages, judgments, casts, expenses and fees arising from or related to any negligent or wrongful act or omission of the Developer in performing its obligations hereunder. The City agrees to indemnify and hold the Developer and Its officers, employees and agents, harmless from and against all damages, judgments, casts expenses and fees arising from or related to any negligent or wrongful act or omission of the City In performing its obligations hereunder. V, No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction, Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times. Vl. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs. The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. Vll.. Jurisdiction and Venue Any legal action or proceeding concerning this Inclusionary Housing Agreement shall be filed and prosecuted in the appropriate Mate of California court in Orange County, California, Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including without implied limitation, federal district court due to any of the following: Induslpnary Hpt�slr�r Agreamei�t - £irx�g hl�i Pizil �.l ,_....��..�. Pago 19 City of Santa Ana 25G -21 Any diversity of citizenship between the City and the Developer; or 2. The fact that the City is a party to such action or proceeding; or 3. That a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394. The Developer acknowledges that the provisions of this Article 3 — Section VII are material consideration to the City for its entry into this Inclusionary Housing Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum. To enforce its rights under this Inclusionary Housing Agreement, the City shall have the right at all reasonable times and capon reasonable advance notice, at the City's cast and expense, to inspect the books and records of the Developer that are not privileged, confidential, trade secrets or otherwise protected from disclosure and that pertain to the sale of the Inclusionary Units at the property. Matters discovered by the City shall not be disclosed to third parties unless required bylaw, or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of the City hereunder subject to, however, any right of the [developer to seek a protective order to prevent the disclosure of any confidential or privileged information. IX. Successors and Assigns This Inclusionary Housing Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. X. No Third Party Beneficiaries The performance of the City's and the Developers respective obligations under this Inclusionary Housing Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided otherwise hlerein, No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Warty to this Inclusionary Housing Agreement as a result of that Party's performance or non - performance under this Ineluslonawy Housing Agreement - OKnorsh'ip project �N age 2020 City of So nta Ana 25G -22 Inclusionary Housing Agreement, or for the enforcement of any provisions of this Agreement, except as expressly provided otherwise herein. XI. Entire Agreement This lnclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental herete. This Incluslonary Housing Agreement supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. The developer and the City agree to permit recordation of this lnclusicrary Housing Agreement, against the Inclusionary Units in the Office of the County Recorder of Orange County, California The legal description for the Inclusionary Units is provided in Exhibit 10 to this Inclusionary Housing Agreement. Xlil. Termination Except as set forth elsewhere, this Inclusionary Housing Agreement shall be effective until all of the following have been completed: All of the Inclusionary Units have been constructed and sold by the Developer to Eligible Purchasers, 2. The Inclusionary Housing Covenants Declaration (Exhibit 5) has been recorded against each Inolusionary Unit; 3. The City Geed of Trust (Exhibit 6) has been recorded against each Inclusionary Unit. Upon satisfaction of the above - referenced items, this Inclusionary Housing Agreement shall automatically and immediately terminate and shall have no further farce and effect. Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder, or any responsibility with respect to the Inclusionary Units, The City anti the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as encumbrance against title to any portion of the Property.. IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below. lndusionary Houshg Agreement • Gvmership Fmiec[ Page Pi City of 9anka Ana 25G -23 EEMM��� IncluslonoryHousingAgmemoat P City of Santa Am 25G-24 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date set forth at the beginning or this Agreement. ATTEST: Maiia D. Huizar Clerk of the Council APPROVED AS TO FORINI: SONIA R. CARVALHO, City Attomey Lisa 9torck, Assistwit City Attorney -DEVELOPER: Pulte Home Corporation a Michigan Corporation By; S 0hail, B ol-hai r, D ircclor o f Land CITY OF SANTA ANA David Cavazos City Manager RECOMMEND APPROVAL; Kelly L. Reonders, Executive Director Community Development Agency 25G-25 EXHIBIT 1 I M668iiunary Housing —Agroom ort — Gwnemh$ -Am—ject City of Santa Ana January 2016 25G-26 LEGAL DESCRIPTION A PORTION OF LOT I OF TRACT No. 17545, IN CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 933, PAGES 93 THROUGH 45 OF MISCELLANEOUS MAPS, IN THE COUNTY RECORDER OF SAID COUNTY, 25G -27 25G -28 f V— A�irj n [U�161 Omersbip Project City of Santa Ana January 2016 25G-29 Planning and Bul €dtngAlloncy Planning Division 20 Civic Center Plaza P.O. Box 1988 iM ^2I I'. Santa Ana, CA 92702 (714) 6474804 www.santa- anwarg INCLU IONA Y HOUSING PL OWNERfAPPLICANT INFORMATION Legal Owner Pulte Home Comoratlon a Michigan Corpomtiran 12L91 330-8537 Full name of Person,. Firm or Cwporatloo Area Code Phaae Number 27101 Puerta Real, Suite 300, Mission Viejo, CA 92691 Mdllrng Address Area Code Fax Plumber Applicant CV Consuitil Inc. 949 916 -3800 ru €I name of Parson, Flrm or Corporation Area Cade Phone Number 27155 Burbank. Foothill Ranch CA 92616 (949) 916 -3805 Mailing Addteas Area Coda Fax Number Contact Person Doan Tran -C &V Consult9na, Inc dtran Cvc-ina net Full name or Pertson,. Firm or Cs rporblion Emorl address 27166 Burbank- Ftitithill Ranch CA 92fi1f] Malting Ar drew 949 916 - 381117 ( 9t 49j 9 iG =3805 ,Area Cade Phone Number Area Coda Mobile Phone Number Area Code Fax Number PROJECT DESCRIPTION Project Address; _4226,4302.4306 W 5th Street Santa Ana CA Assessor Parcel Number(s): 198 - 061-01 (Parcel 1) 198 - 061-02 tparcel 21 and 198 - 061 -03 (Parcel Tcta1 number of units proposed: 28 Number of Rental Llnits; Number of For Sale units. 28 Number of 15% Inelus unary obligation: 5 Identity the grass livable area of the proposed project (including private balconies, decks and patios). 50,100 square feet Will the project be constructed in phases? x Yes No Is a density bonus being requested? Yes x No Page 4 aF 4 $Piannr�161erlce4ppun +.er Fareng4Hpp4ppliea {�e[Y 1116 251 HOUSING ALTERNATIVES Select the applicable alternatives to indicate how the project will comply with the inclusionary housing requirement: On-site construction of incluslonary units iri fee payment for entire obligation' In -lieu fee payment for fractional unit Land dedication Note: For development projects with more than 20 units requesting in-lieu fee payment to fulfill their inclusionary obligation, "substantial, evidence that the cost of providing Incluslonary units on site would substantially exceed the amount of the applicable in-lieu fee is to be provided with this application. Please complete the following table(s) as It applies to your project proposal: proposed Rental Housing Prolects: 1 If the calculation of the number of required Jnr14iomuy housing nalto resuii3 Ina fraction, Ifie developer b as the opllpa to (a) provide an acidtlono I uncluslonary housing u all or (b) pay an In Unu roe equal to the percentage represented by the fracttiflif Inclu Vonary boquing unit multiplied by the applioalulo ln�Llou Fee Page 2 of 4 ForrWH00oppl1whan V76 25G-31 Number of Unit Size Number of Number of Very-Low Total Number of (Square Market Rate Low Income Income Number of bedrooms Feet) Units Units Units Units Studio 1 - 2 1 3 4 Total 1 If the calculation of the number of required Jnr14iomuy housing nalto resuii3 Ina fraction, Ifie developer b as the opllpa to (a) provide an acidtlono I uncluslonary housing u all or (b) pay an In Unu roe equal to the percentage represented by the fracttiflif Inclu Vonary boquing unit multiplied by the applioalulo ln�Llou Fee Page 2 of 4 ForrWH00oppl1whan V76 25G-31 Pronoserl Ownership Housing Proiects: 10 1 I i 18307 2124 I €w � � 18 ■ Required Exhibits to the Inclusionary Housing Plan A. [E Narrative description of the entire project; B.9 Site plan that depicts the entire project (minimum 11" x 17"), C. 0 Depiction of the location of the incluslonary housing units; and D. El If applicable, a phasing plan that provides for the proportionate number of the total inolusionary housing unit requirement to be built within each phase of the project. Pop 3 of 4 S:PIannlnptGYarl d Gaunter par M-100appkafion 71R� 25G -32 Knit Size Number of Number of Total ! Number of (Square [Market Rate Moderate Number of Bedrooms Feet) Units Income Unit Units 10 1 I i 18307 2124 I €w � � 18 ■ Required Exhibits to the Inclusionary Housing Plan A. [E Narrative description of the entire project; B.9 Site plan that depicts the entire project (minimum 11" x 17"), C. 0 Depiction of the location of the incluslonary housing units; and D. El If applicable, a phasing plan that provides for the proportionate number of the total inolusionary housing unit requirement to be built within each phase of the project. Pop 3 of 4 S:PIannlnptGYarl d Gaunter par M-100appkafion 71R� 25G -32 I hereby certify that I am the legally authorized owner of all property involved in this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate Instrument attached herewith. I hereby grant to the applicant submitting this form full power to sign all documents related to this application, Including any conditions or litigation measures as may be deemed necessary, I declare under penalty of perjury that the foregoing is true and correct. Property Owners Signature Property Owner's Printed Nance" Soha- okhRH ✓ Director of Land APPLICANT'S AFFIDAVIT I hereby certify that the statements furnished above and in the attached exhibits represent the data and information required for this initial evaluation and that the facts, statements and infort-nation presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or insufficient, I agree to the return of this form for appropriate revisions, understanding the City of Santa Ana cannot process this form until all applicable information Is corrected or provided by the applicant. I hereby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note. When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of perjury that the foregoing is true and correct. Executed an (Date) at Applicant's Signature Applicant's Printed Name Faa��Ec)oappllca�mn Page 4 of 4 Lai 1175 25G-33 California TRACT 17546 4226, 4302, 4306 WEST FIFTH STREET, SANTA ANA, CALIFORNIA PROJECT NARRATIVE The proposed development will consist of twenty -eight (28) two- story, detached condominium units on 1 Lot of land that consists of 2,67 gross acres; with single gated access on West Fifth Street. There will be three plan types with three to four bedrooms and total square footage ranging from 1541 - 2124 square feet. The project will provide a private park with patlolBBQ area. Each dwelling will be accompanied with a two car garage and will be individually serviced with water and sewer. Two trash enclosures will be provided and serviced by the City of Santa Ana, There are smell landscape areas throughout the site. The development will also provide fifteen ( 15) guest parking stalls. These areas will be maintained by the app®Inted Homeowners Association. 25G -34 r INCLUSIONARY fncluslenary Homing Acjroeltalt!— Ownership Project Clty of Santa Arta January 2015 25G -35 Incl usionory Housing Agreement— Cm urshl p Projact Cl ly of Santa Ana. January 2015 25G -36 City of Santa Ana 20 Civic Center Flaw Santa Ana, California 927131 Attention: City Clerk d bo ew=rdod wfiboui ieo. (Spam Above This Line For Recorder's Use only) iGovernmeflt Code. §$ fi143 and 27383) AGREEMENT AT (PROPERTY a fb D r. This IDECI.ARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RE5TRICTIGNS AND CITY'S OPTION TO PURCHASE AGREEMENT ( "Inclusicnary Housing Covenants Declaration "), dated as of , is made by and between ("Homebuyer") and the CITY OF SANTA ANA ( "City"), a charter city and Municipal corporation organized and existing under the Constitution and laws of the state of California. A, The Homebuyer is acquiring title to an Incluslonary Unit, which is more particularly described in Exhibit 1. The Inclusionary unit was originally constructed as part of a development that was approved by the City subject to the requirement that one or more of the units be designated and maintained as affordable to Moderate Income Households. B. The Homebuyer is a Moderate Income Household as defined in this Inclusionary Housing Covenant Declaration, and meets the eligibility requirements necessary to acquire the Incluslonary Unit as set forth in Section IV of the Administrative Procedures Manual. w_.. fncl uslb,aiy Hrausing Covanan {v fluauiaralinn ^ page 1 City of Saa1a Am January 25G -37 C. The Homebuyer is acquiring the Inclusionary Unit at the Affordable Sales Price, which is less than the Fair Market Value for the Inclusionary Unit. The Inclusionary Unit is being sold for a reduced price as a direct result of the requirements imposed pursuant to the City's Housing Opportunity Ordinance ("Ordinance"). In consideration for the right to acquire the Inclusionary Unit at a reduced price, the Homebuyer, its successors and assigns agree to enter into, and be bound by, the terms and conditions of this Inclusionary Housing Covenants Declaration. D. The purpose of this Inolusionary Housing Covenants Declaration Is to ensure that the Inclusionary Unit is only purchased and occupied by a Moderate Income Household. This firclusicnary Housing Covenants Declaration accomplishes this purpose by, among other things, imposing conditions on the Owner's future resale of the Inclusionary Unit, and requiring that the Owner maintain the Inclusionary Unit as the Owners Primary Residence. The Homebuyer is required to execute this I ncluslonary Housing Covenants Declaration as a condition of purchasing the Inclusionary Unit This Inclusionary Housing Covenants Declaration is secured by the City Deed of Trust executed by the Homebuyer. Now, therefore, in consideration of the mutual promises set forth in this Inclusionary Housing Covenants Declaration, the receipt and sufficlency of which is acknowledged by the City and the Homebuyer, the Parties agree as follows; Indw1onary Housing Covenants DRdwation ---66o2 City of Santa Ans January 2015 25G-38 0 a 6 b kii As used in this Incluslonary Housing Covenants DeGlaration, the terms set fdrth below shall have the following meanings: Adjusted Household Size Appropriate for the Unit is based on the H&SC Section 50052.5 definition, and is only used in the Affordable Housing Cost calculations. For Affordable Housing Cost calculation purposes, the household size Is set at one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four- bedroom unit This household size standard is used in the Affordable Housing Cost calculations; it is not an occupancy limit. Administrative Procedures means the Affordable Ownership Housing Administrative Procedures promulgated by the P_xecutive Director pursuant to the Ordinance. Administrative Procedures Manual is the Affordable Ownership Housing Administrative Procedures Manual — Owner Requirements dated January 2015, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on file with the City, and shall be provided to each Homebuyer of an Inclusionary Unit. Affordable Housing Cost means the maximum costs that can be bome by Moderate Income Household based on the requirements imposed by H&SC Section 50052.5. The calculation methodology is described in Section VI of the Administrative Procedures Manual. Affordability Period shall be set at 45 years in the Inclusionary Housing Covenant Declaration recorded on legal title to the Inclusionary Unit. The covenant period is set at 45 years following the date of the first sale of the Inclusionary Unit. Affordable Sales Price means the maximum price that can be charged for an inGlusionary Unit. The Affordable Sales Price is equal to the lesser of; The sum of the Supportable Mortgage plus the Benchmark Down Payment; or Indmignary Hmising Covenints D"laration C ily or Santa Area Jannry 2015 25G-39 The purchase price prospective buyers are willing to pay in return for purchasing a horne that is subject to restrictive covenants. The statutorily set Affordable Safes Prices for the initial sale of each Inclusionary Unit are shown in Exhibit 6 to the Inclus €o ary Housing Agreement. The Affordable Sales Prices for Incluslonary Units shall be adjusted quarterly. Assumption Agreement means the Disclosure, Acknowledgement and Assumption Agreement in the form attached as Exhibit 4 to this Inclusionary Housing Covenants Declaration that shall be entered into between the City and a transferee as a condition of an Exempt Transfer. Benchmark Household Income is used in the Affordable housing Cost calculations; and is based on the requirements imposed by H &SC Section 50052.5. For a Moderate Income Household, the BenchmarR Household Income is based on 110% of the County Median Income for an Adjusted Household Size Appropriate for the Unit, City means the City of Santa Ana, California. City Heed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inc €uslonary Housing Covenant Declaration, City Manager means the City Manager of the City of Santa Ana. City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 - Section II of this Incluslonary Housing Covenants Declaration. City's Share of Excess Proceeds means 50% of the Excess Proceeds generated under an Extraordinary Sale. The City's Share of Excess Proceeds, if received, shall be deposited in the City's Inclusenary Housing Fund. County means the County of Orange. County Median Income shall mean the Median Income adjusted by actual household size as published annually by HCD for the County. Default means the failure of an Owner to perform any action or covenant required by this Inclusionary Housing Covenants Declaration within the time "� IricYt5lgnary Housing Cavenanrs 6aalarativn f'ug, 4 City of Sail [a Ana January 2015 25G -40 period provided herein following notice and opportunity to cure, as set forth In Article 5— Section III of this Inclus unary Housing Covenants Declaration. Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set forth in these Administrative Procedures. Excess Proceeds means the difference between the Extraordinary Sales Price and the Affordable Sales Price the Inclusionary Unit at the time of the Extraordinary Sale.. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exempt Transfer means the following: A transfer resulting from tire death of the Owner; 2. A transfer by the Owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit„ 1 A transfer of title to a spouse or domestic partner as part of divorce or dissolution proceedings; and 4. A transfer by the Owner into a trust In which the owner or Owners are beneficiaries„ provided that the Owner or owners continue to maintain the Inclusionary Unit as their Primary Residence. 5. A transfer by the Owner of a non - possessory interest in the Property„ such as an easement or license for utilities or other like purposes; the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non - exclusive common area rights of any owner located in a common interest subdivision development. A condemnation„ or conveyance to lieu of condemnation, that does not preclude the Owners continued use and occupancy of the Inclusionary Unit, such as a street widening or other incidental taking that sloes not preclude continued occupancy of the Inclusionary Unit, or a taking of an interest in a portion of the common area appurtenant to any Inciuislonary Unit located In a common interest development, ladusionary Housing Covenants Declaration papa 5 City of Santa Ana January X415 25G -41 Exhibits The following exhibits are attached to this I'nclusionary Housing Covenants Declaration and incorporated herein by this reference; 1. Exhibit 1: Property Description 2. Exhibit 2, Occupancy Recertification Farm 3. Exhibit 3: Notice of intent to Transfer 4. Exhibit 4: Assumption Agreement S. Exhibit 5 Notice of Intent to fell 6. Exhibit 6: Notice of Extraordinary Sale Extraordinary Sale means a sale of the incluslonafy Unit to a buyer who is not an Eligible Purchaser, when an Eligible Purchaser has not been secured within the timeframes required by this Inclusionary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the timeframes allowed pursuant to this Inclusionary Housing Covenants Declaration. Extraordinary Sales Price means the gross sales proceeds generated by an Extraordinary Sales executed under the terms included in Article 3 - Section III of this Inclusionary Housing Covenants Declaration. Fair Market Value means the value of the Incluslonary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties, Gross Household Income means all Income from whatever source from all Adult Household members, which Is anticipated to be received during the 12- month period fallowing the date of the determination of Gross Income. The applicable sources of income are defined In California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: 1. Except as provided in subdivision (2), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual Income of a Household. Gross Income shall Include, but not be limited to: inclwionary Housing Coeonan[s Dodaration .�. Paget City of Santa Ana January 2015 25G -42 a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, . tips and bonuses; b. The not income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); c. Interest and dividends; d. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (taut see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; Public Assistance. If the public assistance payment includes an amount specifically desEgnated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist Of The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus The maximum amount which the public assistance agency Could In fact allow for the Household for shelter and utilities. g. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (2)(e)); Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of Indus Iona ry Housing Covenants,Caeclaratlon Pays 7 City of Santa Ana January 2015 25G -43 the ret Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, not Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. 2. The following items shall not be considered as income; Casual, sporadic or irregular gifts; Amounts which are specifically for or in reimbursement of the cost of medical expenses; C. Lump-sum additions to Household assets, such as inheritantes, Insurance payments (including payments under health and accident Insurance and worker's compensation), capital gains and settlement for personal or property losses; d. Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; el The special pay to a serviceman head of a Household away from home and exposed to hostile fire; Relocation payments made pursuant to federal, state, or local relocation law; g, Foste r child care payments; h The value of coupon allotments for the Purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: Iaa usianary Floosing Oavanws Dedaratioci Page 8 city of Santa Ana January 2016 25G-44 National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. I], National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). Homobuyer means an Eligible Purchaser that has executed an agreement to purchase an Incluslonary Unit, Homobuyer Purchase Price means the means the original price paid by the Homebuyer to purchase the I i-ClUsionary Unit, exclusive of any closing or transaction costs. The Homebuyer Purchase Price shall not exceed the Affordable Sales Price. HCD means the California Housing and Community Development Department. H&SC shall mean the California Health and Safety Code, Household means all the persons who will occupy the Incluslonary Unitas their Primary Residence. A child who is subject to a legally - binding shared-custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. Excluded from the definition of Household are live-in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household. Incluslonary Housing Covenants Declaration means this Declaration of I noluslonary Housing Covenants, Conditions and Restrictions. Incluslonary Housing Fund means a separate fund of the City which is codified in Article XVilirl Section 41-1909 of the City's Municipal Code, The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to low and moderate income households. The allowable uses of incluslariary Housing Funds, and the related reporting are described in Attachment I of the Administrative Procedures Manual. Eric] mionary Housing Covenanis Doclaration Page 9 CiEy of Santa Asia Jwuao/ 7715 25G-45 Incluslonary Unit means a home In Santa Ana that is made affordable by an Indusionary Housing Covenant Declaration that restricts ownership, occupancy and the Affordable Sales Price as described in the Administrative Procedures Manual. Median Income is calculated by HCO using non-aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa Ana is Orange County, Moderate Income refers to Households whose incomes meet the standards defined by the H&SC Section 50093. Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HCD annually. Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income. Not Resale Proceeds means the Resale Price for the Inclusionary Unit minus the following amounts and costs in the following priority order: 1 Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs, 2. Brokerage commissions and similar transaction costs; and 3. Repayment of the outstanding balance of the Senior Loan. Notice of Extraordinary Sale means the form provided in Exhibit 6 to this Inclusionary Housing Covenants Declaration. Notice of Intent to Sell means the form provided in Exhibit 5 to this Incluslonary Housing Covenants Declaration, Notice of Intent to Transfer means the form provided in Exhibit 3 to this Inclusionary Housing Covenants Declaration. Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011, which is codified in Article XVIII. I Section 41- 1900 et seq, of the City's Municipal Code. ndkigionp ry Hwang Gavenqnti Dedamiton Page 10 City of sania " Jmiwy 2015 25G-46 Owner means the current owner of an Incluslonary Unit. Party and Parties mean the City and the Homebuyer as parties to the Inclusionary Housing Covenants Declaration, Permitted Sales are defined as a sale to an Eligible Purchaser or a sate executed under the City's Purchase Option, Primary Residence is defined as the only home that may be owned by the Owner. The Owner must reside in the Inclusionary Unit for not less than 14 out of every 12 months. Program Director has the day-to -day authority for making determinations related to the Ordinance and Administrative Procedures Manual. The Program Director will be appointed by the Executive Director. Prohibited Sales and Transfers are defined as any sale or transfer that Is not explicitly allowed by this Inclusionary Housing Covenants Declaration. Prohibited Transfers specifically include any transfer of a use, rental or leasehold interest in the Inoluslonary Unit. Project means the owner - occupied housing project proposed to be developed on the Property at the Developer's sole cost and expense. Project CC Rs means the Declaration of Covenants, Conditions and Restrictions of the Project recorded or to be recorded against the entirety of the Property and applicable to the Inclusionary Unit and the Homebuyer, Property means the real property on which the Project is to be developed, for which the legal description is provided In Exhibit 1 to the Inclusionary Housing Agreement. Recordation bate means the date of recording in the Official Records of the County of Orange, California of the City Dead of Trust and the Inclusionary Housing Covenants Declaration. Resale means the resale of the lnclusionary Unit by the Owner. Prior to the Resale of the Inclusionary Unit, the Owner must submit a Notice of Resale to the City as set forth in Exhibit 4 to this Inclusionary Housing Covenants Declaration. Resale Price is defined as the lesser of the flair Market Value or the Affordable Sales Price. ��� Inclusdnzay FSt7paingo-renurita6eplsrakian Pagel l Cefy of Santa Ana January 2015 25G -47 Seller means the current Owner of the Inclusionary Unit in the context of the sale of the Inclusionary Unit. Senior Lender means a bank, savings and loan association, insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engaged in making residential real estate loans, Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Inclusionary Unit, or a refinancing approved by the City, which loan is in a lien position prior to this Inclusionary Housing Covenants Declaration. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate. See Section VI-B of the Administrative Procedures Manual for an explanation of the calculation methodology, Transfer shall mean any sale, transfer, lease, exchange, assignment or conveyance of an Inclusionary Unit, including any portion or interest In an Inclusionary Unit or other disposition of any interest in an Inclusionary Unit, whether voluntary or involuntary. �jr JIJT,,, W �y Ftdusing Covenants Declaration 12 City of Santa Ana Januari 2016 25G-48 Owner Acknowledgments and Agreements: Owner hereby acknowledges and agrees that taking title to the Inclusionary Unit shall constitute owner's acknowledgement of and agreement to the following: t ,. -A. The Owner shall occupy and continually use the Inclusl ©nary Unit as the Owner's Primary Residence during the Affordability Period. On an annual basis,. the Incluslonary Program Director will send the Owner an [occupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt. The Owner shall affirm that they are occupying the Inclusionary Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other euidence of occupancy that is acceptable to the City, as part of the annual recertification process. I -S. If an Owner vacates the Inclusionary Unit, or for any reason does not continue to occupy the Inclusionary Unit as its Primary Residence, the City may declare the owner In Default pursuant to Article 1- Section I of this Inclusonary Housing Covenants Declaration, and exercise any or all of Its rights and remedies hereunder, Including without limitation the Guy's Purchase Option pursuant to Article 3 - Section II of this Inclusionary Housing Covenants Declaration, II. Resale and Transfer Restrictions II-A. The Inclusionary Unit is being acquired by the Homebuyer at a cost that is below the Fair Market Value for the Inclusionary Unit, and that such Inclusionary Unit is subject to resale restrictions and the City's Purchase Option contained in this Inclusionary Housing Covenants Declaration, Any resale or transfer of the Inclusionary Unit in violation of this tnclusionary Housing Covenants Declaration shall be voidable by the City,. 1I -13.. The Owner's right to resell the Inclusionary Unit et the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase: the Inclusionary Unit frorn the Owner at the Affordable Sales Price. Incluslnrrary MSUSIngCuvgrv7e7ts CWalaratlGn �-' Page tg City of Santa Ana Janv fy 2015 25G -49 II-C. The Inclusionary Unit will not necessarily appreciate in value during the duration of Its ownership, and the Affordable Sales Price may decrease from the amount the Owner paid to acquire the Inclusionary Unit, Thus, when the Owner resells the Inclusionary Unit, the sales proceeds received by the Owner may he leis than the amount the Owner paid to acquire the Inclusionery Unit, I1 -D. In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or pursuant to a foreclosure sale, the Owner must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50%) of the difference between the Affordable Sales Price and the Net Resale Proceeds received from the sale of the Inclusionary Unit, III. Raflnancing Limits 111 -A. The Owner is not permitted to refinance a Senior Loan for more than the outstanding principal amount of the Senlor Loan, plus the cost of Qualified Capital Improvements, plus the customary tees and costs associated with obtaining the new Senior Lean. However, In no event can the refinanced Senior Loan be set at an amount that exceeds the then current Supportable Mortgage. 111 -11 If an Owner refinances the Senior Loan in violation of the requirements imposed in the Administrative Procedures Manual and this Inclusionary Housing Covenants Declaration, the City may declare the Owner in Default pursuant to Article I - Section I] I of this Ineiusionary Housing Covenants Declaration, and exercise any or all of its rights and remedies hereunder, The Incluslonary Unit is subject to the Project CC &Rs. The Homebuyer acknowledges and agrees that the Homebuyer Is obligated to comply with all of the terms, conditions, covenants and restrictions set forth In the Project CC &Rs. Inc €uslonary Hou &frig Geoveaants I)euam9an � � Page 14 City of Santa Ana January 2018 25G -50 ARTICLE 2 A � Exempt Transfers of the Incluslonary Unit The following transfer procedures apply to Exempt Transfers: -A. Transfer by Inheritance; It an Exempt Transfer is made by inheritance or rights of survival, the trustee„ executor or new Owner shall notify the City in writing of the change in ownership of the Inclusionary Unit within 20 days of such event giving rise to such Exempt Transfer, 2. Any such transferee shall be bound by and subject to the provisions of this Inclusonary Housing Covenants Declaration and the City Deed of Trust, The trustee, executor or new Owner shall execute, acknowledge and deliver to the City, within such 45 -day period, an Assumption Agreement whereby the transferee agrees to be bound by such documents, 3. The failure to notify the City in writing and execute an Assumption Agreement within the tirneframes required by this Section shall constitute a Default; provided that such transferee shall be bound by and subject to the provisions of this Inclusionary Housing Covenants Declaration and the City Dead of Trust notwithstanding its failure to deliver such executed and recordable Assumption Agreement, -B. Other Exempt Transfers; If the Owner desires to transfer the Inclusionary Unit by an Exempt Transfer other than inheritance, the Owner shall provide the City with a Notice of Intent to Transfer In the farm attached as Exhibit 3 to this Incluslonary Housing Covenants Declaration, together with any other documentation the City may reasonably request in order to ensure that the transfer is an Exempt Transfer, II. Notice of Intent to Transfer — Exempt Transfer In the case of an Exempt Transfer, this Inclusionary Housing Covenants Declaration imposes the following noticing obligations on the City and the Owner: R -A, City Obligations; Induslanary Housing [.avonant� Dedurotian page 16 City or Santa Ana January 2016 25G -51 The City shall have 45 days after receipt by the City of a Notice of Intent to Transfer and rather documentation to deliver written notice to the {owner that the City either approves the transfer as an Exempt Transfer or disapproves the transfer, The transfer shall be deemed an Exempt Transfer if the City fails to disapprove the proposed transfer within such 45 -day period. I1-13. Owner Obligations: The Owner shall complete the Exempt Transfer, including recordation of all applicable documents, within 50 days after receipt of approval, or deemed approval, of the transfer. 2. Any such transferee of the fee interest in the Indusionary Unit shall be bound by and subject to the provisions of this Indusionary Housing Covenants Declaration and the City Deed of Trust as the Owner and, as a condition to the conveyance of the Indusionary Unit, shall execute, acknowledge and deliver to the City an Assumption Agreement. 3. The failure to comply with the requirements of this Section in undertaking any transfer of the Indusionary Unit shall constitute a Default; provided that any transferee of the Indusionary Unit shall be bound by and subject to the provisions of this Indusionary Housing Covenants Declaration and the City Deed of Trust as the Owner notwithstanding its failure to deliver such executed and recordable Assumption Agreement. Ill. Transfer of the lnclusionary Unit without the City's Approval Ill -A. If the City determines that a proposed transfer is a Prohibited Transfer, the Owner shall not transfer the Indusionary Unit, 111.13. Any transfer of an Indusionary Unit without the City's approval shall be voidable. In addition to all other rights and remedies the City may have under this Indusionary Housing Covenants Declaration, the City shall have the right to exercise the City's Purchase Option. This may be exercised against the transferee or the Owner under such Prohibited Transfer. Rndwlonary Housing Covenant. QedaraYfon Page t6 City or Senka Ana January 201.5 25G -52 Permitted Sale 1-A, Notice of Permitted Sale: If an Owner desires to sell the InGlusionary Unit, the Owner shall provide City with a Notice of Intent to Sell In the form attached as Exhibit 5: Within fifteen (15) business days after receipt of such Notice, City shall provide the Owner With the Affordable Sales Price and the maximum incomes of Eligible Purchasers, 2. The Owner shall market the Incluslonary Unit to Eligible Purchasers for a period of not less than ninety (90) days f ro m providing the Notice, 3 If the Owner Is unable to locate an Eligible Purchaser who is ready, willing and able to enter Into a purchase agreement for the Incluslonary Unit within the 90-day period: a. The Owner must demonstrate to the Incluslonary Program Director that all reasonable efforts were made to diligently market the Inclus[onary Unit. lb. If the Inclus[onary Program Director determines that adequate marketing efforts were pursued, the City shall have 30 days from after the expiration of the period to exercise City's Purchase Option under Article 3 - Section 11. e. If the City does not exercise the City's Purchase Option, the Owner may sell the Inclusionary Unit to a buyer is not an Eligible Purchaser under the Extraordinary Sale terms identified in Article 3 - Section I 11. I-B. Inspection and Repair Costs: Upon receipt of a Notice of Intent to Sell, the City shall have the right to inspect the Inclusionary Unit to determine whether any violations of applicable laws or ordinances exist. 1. The City may hire a third party to undertake the inspection. ineiuslona Page 17 city of SaRta Ma 11jivary 2015 25G-53 The inspection shall take place within fifteen (15) days after receipt of the Notice of Intent to Sell. : The City shall undertake the inspection at a reasonable time, and provide the owner with at least 24 advance notice prior to the inspection. 4. In the event any violations are discovered, within thirty (36) days, the City shall provide the Owner with a written report describing the necessary repairs.. 6. The Owner shall have the option to either; a. Repair or replace the Items on such report at Owner's cost prior to dosing, without extending the closing date; or b. At closing, cause the escrow holder to pay the repair costs to the buyer out of Seller's gross proceeds of the sale.. 6. If an Owner elects to repair or replace the items on such report, the City shall have the right to re- inspect the Inch €sionary Unit after the repairs andlor replacements are complete, If City determines that deficiencies still remain, the Owner shall cause the escrow agent at closing to pay to buyer from Seller's grass proceeds the repair crests in such amounts as the City determines are necessary to complete the remaining repairs andlor replacements. The City's determination shall be final. 1 -Ca Sales Price: The sale of the Inclusionary Unit pursuant to this Section may only be made to an Eligible Purchaser at a price that does net exceed the lesser of the Affordable Sales Price or the Fair Market, Value of the Incluslonary Unit. I -D, At close of escrow, the Eligible Purchaser shall deliver or cause to be delivered into escrow: A Declaration of Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement in substantially the farm of this Inclusionary Housing Covenants Declaration, approved by the City, and executed by the City and the Eligible purchaser, together with a. City Deed of Trust securing the obligations thereunder. 2. The required down payment and all documents required by the Eligible Purchaser's Senior Lender, I adusionary housing Covenants Ca 1&2 Han Pago 18 City of Santa Ana January 2445 25G -54 I -E. Proceeds from Permitted Sale To the extent funds are available, the gross proceeds from a Permitted Sale shall be distributed in the hallowing priority: 1, Escrow fees, transfer taxes, recording fees, and any other customary non - recurring closing costs; 2. Brokerage commissions and similar transaction casts; I Repayment of the outstanding balance of the Senior Loan; 4; Reimbursement to the buyer of all repair costs funded by the buyer pursuant to this Section, and 5. Any remaining amounts shall be paid to the Seller. I -F. Personal Property Any sums paid to an Owner by an Eligible Purchaser for personal property shall not be part of the Affordable Sales Price. Any consideration, of any nature whatsoever, paid by an Eligible Purchaser to the Owner must be fully disclosed to and approved by the City in advance.. I -G, Closing: At closing, the Owner shall convey fee title to the Eligible Purchaser by standard title company form grant deed. The Owner shall cause the title company to issue to the Eligible Purchaser a CLTA standard coverage owner's form of title insurance policy in the amount of the Affordable Bales Price insuring title to the Inclusionary Unit is vested in the Eligible Purchaser, subject to the following exclusions from coverage; a. Current taxes and assessments not yet due; b. This Inclusionary Housing Covenants Declaration and all documents recorded pursuant to this Incluslonary Housing Covenants Declarafion; and c. Such other matters (other than encumbrances created or suffered' by the owner) that were exceptions to title on the date of this Inclusionary Housing Covenants Declaration.. Inclussonanf Housing CrruerwN cedflration rage 19 City or Santa Ana January 2€115 25G -55 3. Ali other closing costs shall be paid by the Seller or the Eligible Purchaser pursuant to the custom in Orange County, 11. City's Purchase Option 11-A. Purchase Option: Sy taking title to the Inclusionary Unit, the Owner irrevocably grants the City's Purchase Option upon the occurrence of any of the following: The Owner is unable to identify an Eligible Purchaser pursuant to and within the times set forth in Article 3 - Section 1; 2. Any Prohibited Transfer or Prohibited Sale by the Owner; 3. The Owner is in default of the occupancy requirement set forth in Article I — Section 1; and 4, An Event of Default as defined In Article 1: City's Purchase Option shall be in addition to any other remedy provided in this Inclusionary Housing Covenants Declaration for an Event of Default. By taking title to the Inclusionary Unit, the Owner agrees that City's facilitation of the transfers contemplated hereby constitute adequate consideration for the grant of the City's Purchase Option in the Event of Default. 11-6. Procedure Upon Exercise of Option: The City shall exercise the City's Purchase Option by delivering written notice to the Owner (and to transferee, if applicable). 2. Closing of escrow shall occur within 120 days (plus any time delays caused by the Owner), or such additional time as reasonably determined by the City is necessary under the circumstances after the date of the City's written notice exercising the City's Purchase Option. 3. Proceeds from the sale shall be distributed in the manner provided In this Section. In dusionbry Housing Covenanto Oedvmtlon POW 210 Oity of $nnta Ana Jawary 2018 25G-56 4. Closing shall occur in the manner provided In this Section, with the City having the rights and responsibilities of the Eligible Purchaser provided thereunder, II-C. Assignment of City's Purchase Option: After the City has exercised the City's Purchase Option, the City may, without the Owner's or transferee's consent, assign the City's Purchase Option to an Eligible Purchaser or to a government or non - profit organization that agrees to be subject to this Inclusionary Housing Covenants Declaration. Such assignment shall not extend any time limits contained in this Incluslonary Housing Covenants Declaration. II -D. Failure to Close: If the City exercises the City's Purchase Option pursuant to this Section, and faits to close escrow pursuant to the identified timeframes, the Owner may conduct an Extraordinary Sale under Article 3 Section III. If the City exercises the City's Purchase Option pursuant to a Prohibited Transfer, a Prohibited Sale or an Event of Default, and the City falls to close escrow pursuant to this Section, then the City shall be deemed to retain all remedies available under Article 5 - Section IV. III -E. Power of Attomey. By taking title to the Incluslonary Unit, the Owner grants to the City an irrevocable power of attorney that authorizes the City to act on the Owner's behalf to execute, acknowledge and deliver any and all documents related to the City's Purchase Option. III, Extraordinary Sale The purpose of this Section is to permit the sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser when an Eligible Purchaser has not beet] secured and the City's Purchase Option has not been exercised- Ill-A. Notice of Extraordinary Sale: The Owner shall notify the City of the Owner's intent to make an Extraordinary Sale by delivering a Notice of Extraordinary ;ale In the form attached as Exhibit E. The Notice of Extraordinary Sale shall identify the Fair Market Value of the Inclusionary Unit, tnclgsinnary Housrnr� 4.o± r� nip b�elziratlign PAga 41 City of Saida Aria January 2015 25G -57 2. The Owner shall be required to sell the Indusionary Unit at a price not less than the Fair Market Value, unless otherwise approved by the City in writing. 3. All transfer documents relating to the Extraordinary Sale shall be submitted to the City for its review and approval as consistent with the terms of this Inclusionary Housing Covenants Declaration. 111-13. Distribution of Proceeds: The Extraordinary Sales Price shall be distributed in the following priority to the extent funds are available: Escrow fees, transfer taxes, recording fees, and any other customary non- recurring closing costs; Brokerage commissions and similar transaction costs; 2. Repayment of the outstanding balance of theSenlor Loan; 3. Payment to the City of the City Share of Excess Sales Proceeds; and 4. Any remaining amounts shall be paid to the Seller. III.C. Effect of Extraordinary Sale; Upon the close of escrow for an Extraordinary Sale in compliance with the provisions of this Section, the purchaser shall acquire title to the I nclusionary Unit free and clear of the provisions of this Incluslonary Housing Covenants Declaration, including the City's Purchase Option. 2, Pursuant to Article 5 - Section 1, and In accordance with this Section, the City agrees to execute, acknowledge and record a release of the I nclusionary Unit from the provisions of this Incluslonary Housing Covenants Declaration. IIII-D. Foreclosure Sale: In the event of a foreclosure sale, this Section shall impose the same obligations on the Owner and the City as in an Extraordinary Sale. All references to the "close of escrow" shall be replaced by "foreclosure sale." I rdusionary Housing Coranants Dadaratlon Page 22 City of Santa Ana January 2015 25G-58 WEROLM LENDER PROVISIONS [~'Mail ! .. ! Mortgages, deeds of trust, or any other form of conveyance required for any reasonable method of financing as a Senior Loan are permitted, but only as follows: I-A. For the sole purpose of securing a purchase money loan of funds to be used by an Owner for financing the acquisition of the I ncluslonary Unit. The Senior Loan must comply with the requirements imposed by Section IV-D of the Administrative Procedures Manual or I-B. For the sole purpose of refinancing a Senior Loan that was obtained by the Owner, and approved by the City, provided that the principal amount of such refinancing shall be limited to the outstanding principal then owed on the existing Senior Loan, plus any customary fees and costs associated with such current refinancing, II-A. This I riclusionary Housing Covenants Declaration shall be subordinate to the Senior Loan, so long as the Senior Lender agrees to the default and foreclosure provisions set forth in this Inclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in its sole discretion. II -B. In the event the City fails to timely cure re a default under such Senior Loa n, and the Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inciusionary Unit to Moderate Income Households or otherwise restricting the Senior Lender's ability to sell the Incluslonary Unit based upon income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Incluslonary Unit [I-C. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foreclosure, or deed in lieu of foreclosure, of such Senior Loan shall receive title to the 4idWonary Hous In!) Cqvenarrts Deolaraffon Hai; 23 City of Santa Ana January 2015 25G-59 Property free and clear from such restrictions. The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. 111. Default and Foreclosure III-A, The City shall record a request for notice of default and any notice of sale under any deed of trust or mortgage with a power of sale encumbering the I riclusionary Unit pursuant to California Civil Code Section 2924b. Whether or not a request for a notice of default is recorded, the Owner shall provide a true and correct copy of any notice of default to the City within three (3) business days of the Owner's receipt, 111-13. In the event of default and foreclosure, the City shall have the same rights as the Owner to cure any defaults and reinstate the Senior Loan prior to foreclosure sale or the acceptance of a deed in lieu of foreclosure by the Senior Lender. Such reinstatement shall be subject to the same fees, charges and penalties that would otherwise be assessed against the Owner, Nothing herein shall bo construed as creating any obligation on the part of the City to core any such default, nor shall this right to cure and reinstate operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. lll-C. If the trustee set forth in Senior Lender's deed of trust sells the Inclusionary Unit at a foreclosure sale, the proceeds shall be delivered in the following priority to the extent funds are available: Payment of all delinquent assessments, if any, to the extent required by the Project CC&Rs; 2, Payment of all sums due and owing under the Senior Loan, Including without limitation the principal amount, Interest, fees, and costs of sale; 3. Payment to the City of the City Share of Excess Sass Proceeds; 4, Repayment of all sums due and owing to junior creditors; and 5. Any remaining amounts shall be paid to the Owner. III-D, By taking a loan from a Senior Lender, the Owner represents that It has provided the Senior Lender with the necessary consent and authorization De.0tanaflon par 2d City of Santa Ana January 2015 25G-60 to provide a monthly report of the payment status of the Owner and all Bather financial information concerning the Owner that the City reasonably requests, III -E. Except as otherwise expressly provided in a City approved subordination agreement, by malting a loan to the Owner, Senlor Lender grants to the City the option to purchase the Senior Loan from the Senior Lender at any time after the filing of a notice of default under the Senior Loan, but prior to consummation of the foreclosure or the giving of a deed -in -lieu of foreclosure for an amount equal to the entire indebtedness secured by the Senior Lender Deed of Trust: The City may exercise this option by giving Senior Lender written notice of its intent to do sa; a. with respect to a foreclosure, at any time prior to the filing of a notice of sale under the Senior Loan; and b. with respect to a deed- in-lieu of foreclosure, within ten (10) days after receiving written notice from Senior Lender of its intent to accept a'deed -in -lieu of foreclosure with respect to the Incluslonary Unit. Upon receipt of such written notice from the City, the Senior Lender shall promptly give the City a written statement setting forth the amount of the total indebtedness secured by the Senior Lender Deed of Trust, which shall be the purchase price for the Senior Loan, and a copy of the policy of title insurance insuring the priority and validity of the Senior Lender Deed of Trust. 3. Within ten (10) days after the City gives such written notice, the City shall establish an escrow at the title company insuring the Senior Lender Dead of Trust and concurrently therewith give the Senior Lender written notice thereof„ and the City shall deposit the purchase price In such escrow.. 4. Within fifteen (15) days after the Senior Lender's receipt of notice of the opening of the escrow, the Senior Lender shall deposit in the escrow: a, the promissory note evidencing the Senior Loan endorsed in favor of the City; Incluslonary . Housing Covenants Decaaralian Pages H City of Santa Ana January 2015 25G -61 la. the original of the Senior Lender Geed of Trust, C. an assignment of the Senior Lender Deed of Trust duly executed by the Senior Lender and In recordable form, and all rather documents, Instruments, agreements, certificates and rather items that evidence or secure the Senior Lean. III -F. The Senior Lender and the City shall execute and deliver escrow instructions and such other documents as may be reasonably necessary or appropriate in connection with such escrow and to implement the Intent hereof. III -tS. The escrow holder shall be instructed to close, the escrow within two (2) business days after receipt of all such Items and upon such close of escrow to issue to the City a CLTA Farm No. 104.1 endorsement to the title policy, showing the City as Senior Lender's assignee with respect to the Senior Lender Deed of Trust. III -H. The City shall pay the escrow fees (irrespective of whether the escrow closes), recording fees and the premiwrs for the CLTA Form No. 104.1 endorsement. Ind usionary Housing Covenants Declamtl©n @gaga 26 City of Santa Ana January 2415 25G -62 ARTICLE 5 MISCELLANEOUS Term of the Inclusionary Housing Covenants Declaration This Incluslonary Housing Covenants Declaration shall become effective upon its execution and delivery, This Irclusionary Housing Covenants Declaration shall terminate as to the Inc[usionaryUnit at the earliest of., a. as provided under the terms and conditions of any subordination agreement between a Senior Lender and the City; or b. upon the close of escrow for an Extraordinary Sale; or c. at the and of the Affordability Period. 3, Upon termination of the Affordability Period, can request of the then record Owner of the Property, the City shall execute, acknowledge and record a termination of the Inclusionary Housing Covenants Declaration and the City Deed of Trust. To the extent permitted by law, any unfulfilled obligations of any Owner shall survive the termination of the Inclusionary Housing Covenants Declaration, but it shall no longer affect title to the Property. IL Maintenance and Use The Owner shall maintain the interior and exclusive use areas of the Inclusonary Unit in a clean, well maintained condition consistent with the neighborhood, as set forth in the Project CC &Rs, 2. The Inclusionary Unit shall be used and occupied by the Owner solely for residential purposes, and in addition to the residential purpose may also be used for any accessory uses that comply with the provisions of the Santa ,Ana Municipal Code, as it may be amended from time to time. 3. No Owner shall grant use of, rent or lease all or any part of the Inclusiconary Unit, but shall occupy the Inclusionary Unit as its Primary Residence. ir'c wslonm Rmusing covoriant5 Declaration Pogo 27 City of Santa Ana January 2035 25G -63 The Owner shall comply with all of the use and maintenance provisions and obligations set forth in the Project CC&Rs. Ill. Default If the Owner defaults in the performance or observance of any covenant, condition or restriction of the Owner set forth in this Inclusionary Housing Covenants Declaration, and if such default remains uncured for a period of thirty (30) days after written notice has been given by the City (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), or in the event the Owner has provided false information or documentation required in connection with the purchase or resale of an Inclusionary Unit, then the City may declare an Event of Default has occurred. In that event, the City may exercise any or all of its rights or remedies under this Inclusionary Housing Covenants Declaration, including without limitation any or all of the following: by any suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants under this Inclusionary Housing Covenants Declaration or enjoin any unlawful acts; 2. take such other action at law or in equity as may appear necessary or desirable to enforce the Owner's obligations, covenants and agreements; and 3. in addition to the foregoing remedies, in the event that the Owner rents or resells the Inclusionary Unit in violation of this Incluslonary Housing Covenants Declaration, as restitution, the Owner shall forfeit, and the City shall have the right to recover the following monetary amounts: If the Owner rents the Incluslonary Unit in violation of this Inclusionary Housing Covenants Declaration, the Owner shall forfeit all monetary amounts obtained through the rental of the Inclusionary Unit. b. If the Owner resells the Inclusionary Unit in violation of this Inclusionary Housing Covenants Declaration, the Seller and the new Owner shall be jointly and severally liable to the City for an amount equal to difference between the Fair Market Value and the Affordable Sales Price for the Inclusionary Unit. However, the — — — — — — — lncju ionary —Houslng CA onaimboaiieml6n' Page 28 City of Santa Ana January 2015 25G-64 Executive Director has the discretion to allow the Seller and the new Owner to cure a violation of the resale requirements imposed by this Inclusionary Housing Covenants Declaration. All such restitution shall be made to the City. Any funds received by the City sander this provision of the Inclusionary Housing Covenants Declaration shall be placed in the City's Inclusionary Housing Fund. IV. Default Remedies In addition to any other rights or remedies set forth in this Inclusionary Housing Covenants Declaration, or allowed by law or equity, in the event of a default by an Owner of any of the {owner's obligations under this Incluslonary Housing Covenants Declaration, that Is not cured within the cure period provided below, the City may apply to a court of competent jurisdiction for specific performance of this Iriclusionary Housing Covenants Declaration, or foram injunction prohibiting a proposed resale or transfer in violation of this Inclusionary Housing Covenants Declaration. V. Distribution of Insurance and Condemnation Proceeds If the Inclusionary Unit Is condemned or the improvements damaged or destroyed, all proceeds from insurance or condemnation shall be distributed to the Owner, for purposes of restoring or replacing the Inclusionary Unit, unless the Senior Lender Deed of Trust, the City Deed of Trust a the Project CC&Rs provide otherwise. In that case, the Senior Lender Deed of trust, the City Deed of Trust and the Project CC&Rs shall control, in that order of priority. VI. Attorneys' Fees and Costs If any action is brought to enforce the terms of this Inclusionary Housing Covenants Declaration, the prevailing party shall be entitled to reasonable attorneys' fees and costs. VII. Controlling Agreement The Owner covenants that it has not knowingly executed, and will not knowingly execute, without the City's prior written approval, any otter agreements with provisions contradictory to or in opposition to the provisions of this Inclusionary Housing Covenants Declaration. ror u8ionani 1-loutdrig CwoRanls € uclaratlon — Page 29 aiy or Santa Aria January �o�r 25G -65 Vill. Severability If any one or more of the provisions contained in this Inclusionary Housing Covenants Declaration for any reason shall be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Inclus €unary Housing Covenants Declaration, and this Inclusionary Housing Covenants Declaration shall be Construed as if such invalid, illegal or unenforceable provisions had never been contained'. herein. IK Time of the Essence Time is of the essence for this entire Inclusionary Housing Covenants Declaration. Whenever the time for performance falls on a day which is not a business day, such time for performance shall be extended to the next business day. X. Covenants Running with the Land All provisions of this Inclusionary Housing Covenants Declaration, including the benefits and burdens, are equitable servitudes, run with the land and are binding upon the heirs successors, assigns and personal representatives of the Owner hereto and Inure to the benefit of the City and permitted successors and assigns. The covenants benefit and bind the City, the Inclusionary Unit and the Caner thereto. Each and every contract, deed or other instrument covering, conveying or otherwise transferring the Inclusionary Unit or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to this Inciusionary Housing Covenants Declaration regardless of whether the other party or parties have actual knowledge of this Inclusionary Dousing Covenants Declaration. XI. Construction The rule of strict construction does not apply to this Inclusionary Housing Covenants Declaration. This Inclusionary Housing Covenants Declaration shall be given a reasonable construction to prevent any use of the Inclusionary Unit in violation of this Incluionary Housing Covenants Declaration. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine pronouns shall include the feminine and neuter, and vice versa. indusionary Housing covenants 6adaralan ., Page 30 Cate or Santa Ann Jan @ary M€s 25G -66 XII. Indemnification The Owner agrees to Indemnify and hold harmless the City and its respective officers, directors, employees and agents from and against all liabilities, losses, claims, damages, judgments, costs and expenses (Including, without limitation, reasonable attorney's fees) incurred by the City arising out of or relating to any negligent or wrongful action by the Owner with respect to the Inclusionary Unit, The Owner agrees that if any claims, demands, suits or other legal proceedings are made or instituted by any person against the City that arise out of any of the matters relating to this Inclusionary Housing Covenants Declaration, the Owner shall cooperate fully with the City in the defense or other disposition. XIII. Entire Incluslonary Housing Covenants declaration and Modifications This Inclusionary Housing Covenants Declaration may be modified only in a writing duly signed by the Owner and an authorized agent of the City. The modifications shall become effective when recorded in the official records of Orange County, California. XIV. No Discrimination Notwithstanding the following, the Owner acknowledges under this Inclusionary Housing Covenants Declaration that It is expressly prohibited from renting or rasing the Inclusionary Unit, and is required to occupy the Inclusionary Unit as its Primary Residence at all times: The Owner covenants by and for itself, its successors, and its assigns that there shall be no discrimination against or segregation of any person or group of persons on account of race, dolor, creed, religion, sex, marital status, sexual orientation, source of income, age, physical or mental handicap, medical condition, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Inclusionary Unit. The foregoing covenants shall run with the land and shall remain In effect In perpetuity. 2. All deeds and contracts made relative to the Inclusionary Unit shall contain or be subject to the following non-discrimination or non- segregation clauses set forth in HBSC Section 33436 in substantially the same form — . --------- tnelusir�Rtary F�bu ing evrt��wt& d—um icn 5a6 : Clt,j of Santa Ana January 2015 25G -67 a, In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed. The foregoing covenants she][ run with the land." b, In contracts: "There shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed. The foregoing covenants shall run with the land." W Notices All notices, demands, requests for approval and other communications provided for in this Indusionary Housing Covenants Declaration shall be in writing and shall be deemed received if sent to the addresses set forth below: a. on the date of delivery when personally delivered; i one business day after deposit with a reputable overnight courier or delivery service with all delivery charges paid, or C. date of receipt by party if deposited in the United States first class mail, postage prepaid, registered or certified, return receipt requested. 2. Either party may change its address by notice delivered in the manner specified above. Indusiompy Housing Covonants Dodamlion Page 32 Cib/ of Santo Ana January 2015 25G-68 If to City: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 If to Owner: at the Incluslonary Unit address IN WITNESS WHEREOF, the City and the Homebuyer have duly executed this Inclusionary Housing Covenants Declaration as of the dates set forth below. Pago 33 City of Santa Ann January 2016 25G-69 SIGNATURE PACE m CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation By: Name: Its: Date: M Name.. City Attorney City of Santa Ana Incl�sipnary Hatising Govenartts 6eclaratlon � - Page 34 City of Santa Ana Jamwy 2015 25G -70 SIGNATURE PAGE TO ■ 9 • y A Date: Name: M Incluslarrary Hataaing Cavenanta ❑o lar3iipn Page 35 City of 5ants Afla dare Bzy 2015 25G -71 [To Be Inserted.] Incluslonary Hauslft Ca,• nanls Ooam1 t!Qfl Pmperty Dewriptlon January 2015 25G-72 Incluslonary ldougiq Cownnan[s Nclaration Occupancy Recart.1rimlon Form January 2016 25G-73 CERTIFICATION OF CONTINUED OCCUPANCY Date: Owner(s) Name: Address: We are the Owners of an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance, We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose. By this Certification, we declare under penalty of perjury that: We currently occupy the Inclusionary Unit; and We have occupied the Incluslonary Unit for at feast 10 out of the past 12 months; and 3. We have not used the Inclusionary Unit for any other purpose than as our Primary Residence', and 4. We are not renting or leasing any part of the Inclusionary Unit to another party.. We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Inclusionary Unit. We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability anftr criminal penalties Including, but not limited to, fine or Imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 1001, et seiq. ISignatures on the Following Page] I n6us-Iono'i —Irlou-i I fig covennnt a Do d a ratio Ocuipamy Reoortfficzt m Form January 2015 25G-74 Signature: Print Name: Date; Telephone: RU= IE M= Print Name: Date: BE= sr Co. Owner Indugionapy Housing Covenants Dedaratbn Nige 2 Occupanoy Re=Lifmakion Form January 2015 25G-75 EXHIBIT 3 NOTICE OF INTENT TO TRANSFER Inclusiionary Housing Covenants Doclara Bon Notiaa of Intent to Transfer January 2015 25G -76 To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned , Owner of the tnclusionary Unit located at , 'Santa Ana, California, hereby notifies you of its intent to transfer in compliance with Article 2 of the Inclusionary Housing Covenants Declaration, The reason or circumstances relating; to such transfer are as follows; . Any additional information reasonably required regarding the proposed transferee shall be provided to you immediately upon request. The undersigned acknowledges that all applicable time periods under the Inclusionary Housing Covenants Declaration commence only upon the City's receipt of this notice. The undersigned further acknowledges and agrees that any such transfer shall be subject to the provisions of the Inclusonary Housing Covenants Declaration. Owner nduWonory Housing Covenants Uerlaration .— ._a... P99e 'Y Nodca of Intent no TrRn rer January 2015 25G -77 EXHIBIT 4 Pnclmlomary Housing Covenants Daclara lion AssUalptign Agreement January 21715 25G-78 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk To be recorded Wftut fee. (Spate Above This— 'U—n—aror —RnowdersUse On[y) (Gmmmont Code, §§ 61M and 273Esa) AGREEMENT THIS DISCLOSURE, ACKNOWLEDGMENT AND ASSUMPTION AGREEMENT (Assumption Agreement) made among ("Owner"), ("Transferee") and the CITY OF SANTA ANA ("City"), A. The Owner is the current owner of the real property commonly known as I Santa Ana, California, and now particularly described on Exhibit A, which together with all improvements located thereor is referred to in this Assumption Agreement as the "Inclusionary Unit". S. The Owner wishes to transfer and convey to the Transferee the Indusionary Unit; and C. The Inclusionary Unit is subject to the restrictions applied by the Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement recorded on 20_, as Document No. in the Official Records of Orange County, California (the "Inclusionary Housing Covenants Declaration") that Imposes resale controls on the Inclusionary Unit; and Housing Covenant; Declarntlon Nqo 1 Assmption Aqmemert January 20115 25G-79 D. The obligations set forth in the Incluslonary Housing Covenants Declaration are secured by a Deed of Trust recorded against the Inclusionary Unit on 20_, as Document No. in the Official Records of Drange County, California (the "City Deed of Trust): and E. The Transferee is acquiring, the Inclusionary Unit and will assume the obligations of an Owner under the Inclusionary Housing Covenants Declaration and as Trustor under the City Deed of Trust. Capitalized terms used herein, and not defined in this Assumption Agreement„ shall have the meanings set forth in the Incluslonary Housing Covenants Declaration and the City Deed of Trust. The parties to this Assumption Agreement agree to the following: The Transferee hereby acknowledges and agrees to the following: a. The Inclusionary Unit is subject to the Inclusionary Housing Covenants Declaration that are secured by the City Deed of Trust. The Transferee acknowledges that it has received a copy of the Inclusionary Housing Covenants Declaration, and agrees to be bound by all the conditions and covenants contained therein. b. The Transferee shall occupy and continually use the Inclusionary Unit as the Transferee's Primary Residence during the Affordability Period as defined in the Inolusionary Housing Covenants Declaration. Cr The Transferee's right to resell the Inclusionary Unit at the Fair Market Value is very limited, and in certain instances, the City will have the option to purchase the Inclusionary Unit from the Transferee at the Affordable Sales Price: Under a Permitted Sale, the Inclusionary Unit must be sold at the Affordable Sales Price. The Incluslonary Unit will not necessarily appreciate In value during the duration of its ownership. i[. In the event that the Inclusionary Unit is sold for the Fair Market Value, either through an Extraordinary Sale or Indudonary Housing Cmantlnus Dedanation Pago 2° Assumption Agraornont January 2015 25G -80 pursuant to a foreclosure sale, the Transferee must pay to the City the City Share of Excess Proceeds, which is set at fifty percent (50%) of the difference between the Affordable Sales Price and the Not Resale Proceeds received from the sale of the Inclusionary Unit, iii. Any resale or transfer of the Inolusionary Unit in violation of the Incluslonary Housing Covenants Declaration shall be voidable by the City, d. The Transferee is not permitted to refinance a Senior Loan that is secured by the Property for more than the outstanding principal amount of that Senior Loan plus the customary fees and costs associated with obtaining the new Senior Loan. e. The Inclusionary Unit is subject to the Project CC&Rs, The Transferee acknowledges and agrees that it is obligated to comply with all of the terms, conditions, covenants and restrictions set forth in the Project CC&Rs, The City hereby consents to the transfer of the Inclus[onary Unit to the Transferee under a Permitted Transfer as defined in the Inclusionary Housing Covenants Declaration, 4, All questions with respect to the interpretation of this Assumption Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. 5, This Assumption Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto, The Transferee hereby grants to the City an irrevocable power of attorney coupled with an interest to act on Buyer's behalf to execute, acknowledge and deliver any and all documents relating to the City's Purchase Option under Article 3 — Section 11 of the Inclusionary Housing Covenants Declaration, Executed on , 20—, at Santa Ana, California. Indusionary HausIng Covwants Dqc,�m mow Page Assumption Agmument d8nuary 2015 25G-81 SIGNATURE PAGE TO ASSUMPTION AGREEMENT Owner: By: Date: Transferee; By: Date: - M Its: By: City,, Date: Attest: InclusCa dry 01wonants Declarstion PvVa 4 Assumption Agroomeal January 2015 25G-82 IMMEM Inclusio nary Housing Govenaints Dularation Page 1 As5wrip6orl Agreement —Legal Desuption Jorluniry 2016 25G-83 I�Ioiustnnary Hpusir . Craenanta ➢eda ration Notice of Intent to 5alf January 2DU 25G -84 Date To: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The undersigned , Owner of the Inclusionary Unit located at Santa Ana, California, hereby notifies you of its intent to resell the I ncluslonary Unit in compliance with the requirements imposed by Article 3 or the InGluslonary Housing Covenants Declaration- The undersigned acknowledges that all applicable time periods under the Inclusicnary Housing Covenants Declaration commence only upon the Citys receipt of this notice. Owner I ndusimary Housing Go wants DDdoeadori Page 1 Notice of Intent to Sell J'nnuary 2p1„ 25G-85 EXHIBIT 6 Inclusnonary Housing covenORIG N�1��d6n Notice of Extrar dinar/ Sale Jw1UN ry 20 16 25G-86 The undersigned , is the Owner of the Inclusionary Unit located at Santa Ana, California. On 20—, Owner provided City with written notice of its intent to sell the Incluslonaay Unit. Owner has failed to Identify an Eligible Purchaser in accordance with Article 3 — Section I of the Inclusionary Housing Covenants Declaration, and the City has failed to exercise the City's purchase Caption pursuant to Article 3 — Sectlon 11, Accordingly, Owner hereby notices the City of its Intent to make an Extraordinary Sale of the Inclusionary Unit In accordance with Article 3 — Section III of the Incluslonary Housing Covenants Declaration. Attached herewith Is the estimate of the Fair Market Value for the Inclusionary Unit as defined in the Inclusionary Housing Covenants Declaration. Owner hereby acknowledges that the City shall retain City's Purchase Caption until the time that Owner has accepted in writing an offer to purchase the Inclusionary Unit from a buyer, and that all applicable time periods for an Extraordinary Sale under the Agreement commence only upon City's receipt of this Notice. Owner Pnclusionaty Nearing Cov<xnanta'ClxrlaraHan ' � p1go I" Notice or Extraordinary Salo Janmry -2015 25G -87 CITY DEED OF TRUST indmionxy — Ownership Projeot-- City of Santa Ann January 2015 25G-88 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 02701 Attention: City Cleric To be retarded Wthrout. fog. - (Spae9 Above This Line For Recorders Usa 4n1y) (Gowommant Code, % 6103 and 27383) APN: fto be ins There are restrictions on the sale of the Property encumbered by this City Deed of Trust, as contained in that certain Inclusionary dousing Covenants, Resale Restrictions and City's Option to Purchase Agreement ( "Inciusionary Housing Covenants Declaration"). except for a Transfer to the City at Santa Ana ( "City ") or City's assignee following the City's exercise of the City' Purchase Option, this Property may only be sold to an Eligible Purchaser at a price not to exceed the defined Affordable Sales Price. The Inclusionary Housing Covenants Declaration also restricts the extent to which this Property may be encumbered by junior financing and lianits the Truster's rights to refinance Senior Loans. THIS DEED OF TRUST AND SECURITY AGREEMENT ("City Deed of Trust ") is made this day of , 20- -, among flnsert mama crf Trustor ( "Trustor") whose address is finsewi address of TrustorT fltasert name of title corrrnanyl ( "Trustee "), whose address Is flnserf address of title cgMpanyl, and the City of Santa Ana (referred to variously as "City" or "Beneficiary "), Whose address is 20 Civic Center Plaza, California 92701 as Beneficiary, Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Truster's right, title and interest now awned or hereafter acquired in and to the real property in the City of Ineluelnnary Hot CweCovenants Declaration '-' Page 1 Assumption Ayrnwnont - Jannvaey 2015 25G -89 Santa Ana, Orange County, California, described on Exhibit 1 attached hereto and incorporated herein by this reference, together with the Improvements constructed thereon and all other property and interests of any kind or character that may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and Improvements, A. Truster is the owner of the Property located at Santa Ana, California and more particularly described in the attached Exhibit A, B. The Trustor`s predecessor in interest developed the Property pursuant to the City's Housing Opportunity Ordinance ( "Ordinance "), which regulations require developers of ownership housing to construct within their projects units that are affordable to Moderate Income Households. These regulations require the Property to he subjected to restrictions on resale that ensure that the Property remains affordable. C. In connection with the Ordinance, Beneficiary and Truster entered into a Inctuslonary Housing Covenants declaration stated as of and recorded in the Official Records of Orange County substantially concurrently herewith (capitalized terms used without definition herein have the meaning ascribed to such terms in the Inclusionary Housing Covenants Declaration), D. Pursuant to the lncluslonary Housing Covenants Declaration, the Truster is obligated, among other requirements, to sell the Property only to Eligible Purchasers at a price not in excess of the Affordable Sales Price, E. The Inclusionary Housing Covenants Declaration also provides that: Trustor is obligated to notify the Senetociary of the Trustor's intent to sell the Property in order to enable Beneficiary to exercise the City's Purchase Option at the Affordable Sales Price, 2. The Beneficiary may exercise the City's Purchase Option if the Truster defaults under the Incluslonary Housing Covenants Declaration; and IrldWwarl Houaing Cavanants Gealaraiion � Page 2 Asaurnpdo" Agreement January 2015 25G -90 3. There are restrictions can Trustor's ability to encumber the Property and to refinance the Senior Loans secured by the Property, �klpll earl` HoWq Govonanks Gleolermlon Page 3 Assurr pflon Agm&,iow Janoery 2016 25G -91 As used in this City Deed of Trust, the terms set forth below shall have the following meaningv Administrative Procedures means the Affordable Ownership Housing Administrative Procedures promulgated by the Executive Director pursuant to the Ordinance. Affordable Housing Cost means the maximum price of an Inclusionary Unit, as calculated under the recufroments imposed by H&SC Section 50052.5. The calculation methodology is described in Section VI of the Affordable Ownership Housing Administrative Procedures Manual, Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit at the time of acquisition by the Homebuyer. Affordable Sales Price means the maximum price that can be charged for an Incluslonary Unit, The Affordable Sales Price is equal to the lesser of: The sum of the Supportable Mortgage plus the Benchmark Down Payment; or 2. The purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The statutorily set Affordable Sales Prices for the initial sale of each InG[US1017ary Unit are shown in Exhibit 8 to the Inclusionary Housing Agreement. The Affordable Sales Prices for Inclusionary Units shall be adjusted quarterly, Benchmark Down Payment is a component of the Affordable Sales Price calculations. For the purposes of the Administrative Procedures, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. Beneficiary refers to the City as the provider of the City Shared Appreciation Loan, and otherwise defined as the Subordinate Lender. Trustor means the person or persons described as the Trustor in the Introductory paragraph of this City Deed of Trust, Indus"ry Housing Covenants Declaration Page 4 Assumption Agreement January 2015 25G-92 City means the City of Santa Ana, California. City Deed of Trust means a deed of trust, that secures the Owner's obligation to comply with the obligations imposed by the Inclusicnary Housing Covenant Declaration, City's Purchase Option means the irrevocable option that the Owner must offer to the City under the circumstances defined in Article 3 — Section II of the Inclusionary Housing Covenants Declaration. Eligible Purchaser shall mean d Homebuyer who meets the eligibility criteria set forth in the Administrative: Procedures. Exempt Transfer means the following. A transfer resulting from the death of the Owner; A transfer by the Owner where the spouse or domestic partner becomes a co -owner of the Inclusionary Unit; A transfer of title to a, spouse or domestic partner as part of divorce or dissolution proceedings; and A transfer by the Owner into a trust in which the Owner or Owners are beneficiaries, provided that the Owner or Owners continue to maintain the Inclusdnary Unitas their Primary Residence., 4, A transfer by the Owner of a non-possessory Interest In the Property, such as an easement or license for utilities or rather like purposes, the granting of ingress or egress rights over or across the Property or a portion thereof; or a modification to the non- exclusive common area rights of any Owner located in a common interest subdivision development, 5. A condemnation, or conveyance in lieu of condemnation, that dogs not preclude the Owner's continued use and occupancy of the Inclusionary Unit, such as a street widening or other incidental taking that does not preclude continued occupancy of the Inclusionary Unit, or a taking of an interest in a portion of the common area appurtenant to any incluslonary Unit located in a common interest development.. Extraordinary Sale means a sale of the Inclusionary Unit to a buyer who is not an Eligible Purchaser, when an Pligible'Purchaser has not been secured within In Iusionary Houmng Cotenants r]mWa�kn ��. RaGo 6 Assumption Agreement Jsnunry 2U n 5 25G -93 the t!meframes required by this Incluslonary Housing Covenants Declaration, and the City has opted not to exercise the City's Purchase Option within the timeframe5 allowed pursuant to this Incluslonary Housing Covenants Declaration, Fair Market Value means the value of the Inalusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value must be established by a licensed Real Estate agent based on three comparable properties. H&SC shall mean the California Health and Safety Code. fincluslonary Housing Covenants Declaration means the Declaration of Inclusionary Housing Covenants, Conditions and Restrictions. Inclusionary Unit means the completed affordable owner-occupied housing unit, that is being purchased by the Trustor. Moderate Income refers to Households whose incomes meet the standards defined by the H&SC Section 50093. Generally, Moderate Income means household income that does not exceed 120% of the County Median Income, as adjusted for Household size. The maximum household income amount for Moderate Income Households shall be set at the amount published by HOD annually, Moderate Income Household shall mean individuals or Households who have an adjusted Gross Income that does not exceed Moderate Income. Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011, which is codified in Article X11111 .1 Section 41 - 1900 at seq. of the City's Municipal Code, Owner means the current owner of the Inclusionary Unit. Primary Residennae Is defined as the only home that may be owned by the Owner. The Owner must reside in the Inclusionary Unit for not less than 10 out of every 12 months, Property means the real property on which the Project is to be developed, for which the legal description Is provided in Exhibit I to this City Deed of Trust. Rents means all rents, issues, profits, royalties, revenues, income and other benefits derived from the Property. cavo"31 5 Dec.Umdafl Page C Assumption Agraornont January 2015 25G-94 'Senior Lender means a bank, savings and loan association, insurance company, pension fund, publicly traded real estate investment trust, governmental agency, charitable organization or other governmentally regulated entity regularly engagers in making residential real estate loans. Senior Loan means a purchase money loan of funds to be used by the Homebuyer for financing the acquisition of the Incluslonary Unit, or a refinancing approved by the City, which loan is in a lien position prior to the Inclusionary Housing Covenants Declaration. Supportable Mortgage means the mortgage amount that can be supported by a Moderate Income Household based an the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30- year fully amortizing mortgage with a fixed interest rate. See Section Vl -B of the Administrative Procedures Manual for an explanation of the calculation methodology. Trustee means the title company that insures title for the Inclusionary Unit that is subject to the City Geed of Trust, Trustor means the Truster that enters Into the City Deed of Trust that secures the City Shared Appreciation Loan, Indusiboary Housing Covanar7 {s [ adneslion Page T Assumption Agreamen! January 2015 25G -95 ARTICLES 1. Grant in Trust. Truster, In consideration of the promises herein recited and the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale, all estate, right title and interest which Truster now has or may later acquire the Property together with all of the following: all improvements now or hereafter located or constructed on the Property and all replacements and additions thereto; all easements, rights of way, appurtenances and other rights used in connection with the Property or as a means of access thereto; all fixtures now or hereafter attached to or used in and about the Property or the Improvements located thereon or hereafter located or constructed on the Property, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shaii be attached to the improvements in any manner; and all leases, subleases, licenses and other agreements relating to use or occupancy of the Property, and all rents or other payments that may new or hereafter accrue or otherwise become payable to or for the benefit of Truster (whether or not such Leases and Bents are permitted by the Inclusionary Housing Covenants Declaration). All of the above- referenced Property, improvements, appurtenance, fixtures and equipment, teases and rents are herein referred to collectively as the "Security" 2. Secured !Obligations. Truster makes the grant, conveyance, transfer and assignment herein for the purpose of securing payment and performance of the following: (a) the City Share of Excess Proceeds in the event of an Extraordinary Sale or a foreclosure sale; and (b) Trustors obligations under the term of the Inclusionary Housing Covenants Declaration, 3. Maintenance and Repair. Truster shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with ail laws affecting the Property or requiring any alterations or improvements to be made; (a) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary. IndwWwrtry Housing Covenants Lodfafatiorr Page 6 Assuwrnpti©n Agreement January 24'15 25G -96 4. Insurance. Tnustor shall maintain hazard insurance against loss by fire, hazards included with the term "extended coverage," and any rather hazards for which Beneficiary requires insurance, and liability insurance.. The insurance carrier and the insurance policies and amounts of coverage shall set atthe full replacement value of the Incluslonary Unit based on the then current City Building Code. The liability policy shall name Beneficiary as an additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is modified or terminated. 5. Defense of Security. Truster shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Truster shall pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this City Deed of Trust. C Payment of Taxes and Liens, T7ustor shall pay (a) at least 10 days before delinquency, all taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges and liens, with interest, an the Property, which are or appear to be prior or superior to this City Deed of Trust; and (c) upon demand all costs, fees and expenses of this City Deed of Trust. If Truster fails to make any payment or to do any act provided for in this City Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Truster, and without releasing Truster from any obligation under this City Deed of Trust: (I) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (III) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this City Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including attorneys' fees, 7. Reimbursement of costs. Truster shall pay upon demand all sums expended by Beneficiary or Trustee provided for in this City Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate allowed by law. In bfl u Ftrrueing �`c+venan L& C 7elzrat {nn ..... ."`._ page `�i- Assumption Agreoment January 2795 25G -97 8, No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay. 9, Reconveyance. That upon written request of Beneficiary stating that the Secured Obligations have been fulfilled, and upon surrender of this City Deed of Trust, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." 10. Default and Foreclosure, Upon default by Truster in performance of any Secured Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this City Deed of Trust and all documents evidencing the Secured Obligations and expenditures, if any, secured by this City Deed of Trust. Upon default of any obligation secured by this City Deed of Trust and acceleration of all sums due, if any, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this City Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. TrustQr waives all rights it may have to require marshaling of assets or to require sales of assets in any partoular order, including any rights under California Civil Code Sections 2899 and 3433, III Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured Obligations or of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its tide, estate, rights, powers and duties. Said Instrument must contain the name of the original Truster, Trustee and Beneficiary hereunder, the book and page where this City Deed of Trust is recorded and the name and address of the new Trustee. lrid—uoliin� Page 10 As umpttan AgmwQnt Januirj2015 25G-98 11 Successors and Assigns. This City Deed of Trust applies to, inures to the benefit elf, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the holder, including pledgees, of the covenants set forth in the Inclusionary Housing Covenants Declaration whether or not named as Beneficiary herein. 13. Trustee Acceptance, Trustee accepts this trust when this City Geed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust err of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time require, for better assuring„ conveying„ assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this City Deed of Trust, or for filing, registering, or recording this City Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this City Deed of Trust, and thereafter from time to time, Trustor shall cause this City Dead of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance, to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law In order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby. 15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and Industonary Houaitsp Covenants Oaclaration Pago 11 Assumption Agreement January 2015 25G -99 empowers Beneficiary as attorney -in -fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies„ to collect and receive insurance proceeds, and to deduct therefrom Beneficiary's expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to Incur any expense or take any action hereunder. Truster hereby authorizes and empowers Beneficiary, at Beriefic€ary s option, as attorney -In -fact for Trustor, to commence, appear In and prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taping. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and Insurance covering the Property, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this City Deed of Trust, Beneficiary shall be under no obligation to question the amount of any compensation, awards, . proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds damages or claims arising In connection with such condemnation or taking or such insurance as Beneficiary may require. 16, Severab €Ilty. If any one or more of the provisions contained in this City Deed of Trust shall for any reason be held to be Invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this City Deed of Trust, but this City Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity, In- lusEna� Rou— lna—Jovomanls bodsi —Wfl page lg Assumption Agreement January 2416 25G -100 17. Estoppel Certificate, Truster shall, within ten (1 U) days of a written request from Beneficiary, furnish Beneficiary with awritten statement, duly acknowledged, setting forth the sums secured by this City Deed of Trust and any right of set -off, counterclaim or other defense which exists against such sums and the obligations of this City Deed of Trust. I& Due -On -Sale or Encumbrance. Except for Exempt Transfers approved by the City, if all or any part of the Property, or any interest therein, or any beneficial interest in Truster (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's caption invoke any remedies permitted by this City Creed of Trust. 19. Subordination. This City Deed of Trust shall be subordinate to the Senior Loan, so long as the Senior tender agrees to the default and foreclosure provisions set forth in the Inclusionary Housing Covenants Declaration, or other alternative provisions proposed by the Senior Lender, and acceptable to the City in Its sole discretion. In the event the City fails to timely cure a default under such Senior Loan, and the 'Senior Lender proceeds with foreclosure, or deed in lieu of foreclosure, of such Senior Loan, then any provisions herein or in any other collateral agreement restricting the use of the Inclusionary Unit to Moderate income households or otherwise restricting the Senior Lender's ability to sell the Inclusionary Unit based upon income qualification of the purchaser shall terminate and shall have no further force or effect on subsequent owners or purchasers of the Inclusionary Unit. In that event, any person, including the Senior Lender's successors and assigns, receiving title to the Inclusionary Unit through foredlosure, or deed in lieu of foreclosure, of such Senior Loan shall receive title to the Property free and clear from such restrictions. The City shall promptly execute, acknowledge and deliver for recordation such subordination documents or agreements as necessary to confirm the foregoing subordination. hiGruslanary I {Hieing �'Q'+�narsks 6eaC€er�atinn _..._..._. ��Na i3 Mounngdon Agravn m . Januaq 2015 25G -101 The undersigned Truster requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustors address here inbefore set forth. TRUSTOR: By: _ Name: By: Name: Dodamkioft Pago- Assumption Agrwnrla nt January 2015 25G-102 EXHIBIT 9 LEGAL DESCRIPTION Situated in the State of California, City of Santa Ana, County of Change, and described as follows [insert legal description] Deed of Trust --- Legal Gescripkii - Page Gilt' of Saliba aria 25G -103 rm # 4'. i. mvmn,mmmj Load of rrLj*t — Notary Ackw-vladqromentu Pace 1 City of Santa Ana 2'5G-104 EXHIBIT CALCULATIONS OF' InrEus &orraiy Hous�nq Agremrik— uvler„hep Pjsp't ...��.. ..,�. city or Santa Ana January 2016 25G -105 AFFORDABLE SALES PRICE CALCULATIONS MOD ERATF. INCONIC HOUSEHOLDS SECTION 50O52.5 CALCULATIONS, 2014 HOUSING OPPORTUNITIES ORDINANCE SANTA ANA, CALIFORNIA rtrrmnrarn W Utilities10ranRe County Housing Aeuthorityl(1/2015j 1•8Jrm 241drm. 3 -Edrm 4 -6drm incomes 11enchntarE Household Slze 2 3 4 5 Household Income $76,125 535.350 $95,920 $103,529 % of Income Allocated to Ho using. 35% 3519 35% 35% Income Allotted -to Housing $25,850 $30,220 $33,570 $36,270 rtrrmnrarn W Utilities10ranRe County Housing Aeuthorityl(1/2015j 51 „104 $1,248 $1,776 $1,992 Maintenance & insurance 2,100 2.400 2,700 3,+000 Property Taxes @ 1;1656 of Affordable Price 3,958 4,4$8 4,835 5,256 7otalExpenses $7,1.72. Ss,1.06 $9,364. :$14,248 Income Available for MOrtRTgel $19,578 $22,114 $24,206 $261422 Affordable Housing Price Supportable Hitt; @ 3 -52 %, Interest $346,800 $389, 907 $42Fi,5045 $458,6CO Home Buyer Down Pymt CM 5 %AfrcrJable Price 17,100 19,200 21,100 22,700 Maximum Purthas2 Price $363,900 $409,000, $447,700 $481,300 Prvpafed by: Keyser t al;vq rn MSCC ateS, Inc File name: ll O0 Affordable Sate PftC' Cal[eatiun Terurrare - Updated Lan 2015. xt5x; 20151st Own—SA Page t of 1 25G -106 s s I�.: � s a. • � Y s Iacluslanar HHaasing.Agr -went— Ownersl7lp Nojeet '. GRVof Santo Ana. January 2435 25G -107 25G -108 UI w, IFUL-i —cnapj Housing —Agrewrtani – Omorship Prc�eot Ubj of Santa Ana January 2015 25G-109 t it A PORTION OF LOT I OF TRACT NO, 17546, IN CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,. AS PER MAP RECORDED IN BOOK 933, PAGES 13 THROUGH 15 OF MISCELLANEOUS MAPS, IN THE COUNTY RECORDER OF SAID COUNTY,. 25G -110 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: AGREEMENTS WITH STRAIGHT TALK CLINIC, INC FOR DEVELOPMENT OF PERMANENT HOUSING FOR PERSONS WITH HIV /AIDS (STRATEGIC PLAN NO 5,3; 5,4; 5,6) CITY MAN ER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute agreement with Straight Talk Clinic, Inc. in the amount of $720,000, subject to non - substantive changes approved by the City Manager and City Attorney for acquisition and rehabilitation of single family house (Housing Opportunitites for Persons with AIDS) 2. Authorize the City Manager and Clerk of the Council to execute agreement with Straight Talk Clinic, Inc. subject to non - substantive changes approved by the City Manager and City Attorney for the Covenant Affecting Property at 1677 West Ord Way, Anaheim. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting of March 25, 2015, by a vote of 4:0 (1 absent) the Community Redevelopment and Housing Commission recommended that the City Council approve to execute agreements with Straight Talk Clinic, Inc. in the amount of $720,000, subject to non — substantive changes approved by the City Manager and City Attorney for the development of permanent housing for persons with HIV /AIDS. DISCUSSION From 1993 to 2014, the City of Santa Ana ( "City ") received funds through the U.S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS ( HOPWA) Program. Although the City received the funds, they were to be utilized throughout the county of Orange. The HOPWA Program is designed to provide resources and incentives for long -term comprehensive strategies to meet the housing needs of persons with HIV /AIDS. A major goal of the comprehensive strategy is to promote housing stability, prevent homelessness, and increase access to care and support for persons living with HIV /AIDS. Along with short term assistance, HOPWA funds have been used over the years to fund six permanent housing developments in four different cities throughout the County. The City currently has HOPWA funds earmarked for another permanent housing development. In April of 25H -1 Agreement with Straight Talk Clinic, Inc for Development of Permanent Housing for Person with HIV /AIDS April 7, 2015 Page 2 2014, HUD transferred the administration of the HOPWA program to the City of Anaheim when their city population surpassed Santa Ana's population, These development funds were not transferred to the City of Anaheim. City staff are interested in moving forward with one final development project which would close the City's HOPWA program, Following a Request for Proposals for a HOPWA development, Straight Talk Clinic, Inc, submitted an application to purchase and rehabilitate a 2,921 square foot residential single family home located at 18.77 West Ord Way in the City of Anaheim. Based on staff review and Straight Talk's expertise and capacity to develop and manage a permanent housing environment for this target population, it is recommended that Straight Talk be allocated $720;000 for this development. The project will remain affordable for a minimum of ten years and would close the City's HOPWA program, STRATEGIC PLAN AUgNMENT Approval of this item supports the City's effort to meet Goal #5 (Community Health, Livability, Engagement and 8ustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods.), Objective #4 (Support neighborhood vitality and livability), Objective # 8 (Focus projects and programs on Improving the health and wellness of all residents). FISCAL IMPACT Funds are available in the HOPWA Program, Payment to Subagent account (no. 40518781- 89135). Kelly as de Executive Director Community Development Agency KR/TE /sb APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 01-V Finance and Management Services Agency Exhibit: 1. Agreement for Acquistion and Rehabilition 2. Agreement Containing Convenance Affecting Real Property 25H -2 GRANT AGREEMENT FOR ACQUISITION AND REHABILITATION OF A SINGLE FAMILY HOUSE (HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS) (24 CFR Part 574) As of this 7`h day of April, 2015, the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "City "), and STRAIGHT TALK CLINIC, INC, ( "Project Sponsor "), a 501(c) 3 corporation, in furtherance of the regulations issued by the U.S. Department of Housing and Urban Development set forth in 24 CFR Part 574 (the " HOPWA Regulations "), hereby agree as follows: A. City is responsible for administering the use of certain funds ( "HOPWA Funds ") made available by the United States Department of Housing and Urban Development ( "HUD ") under the Housing Opportunities for Persons with AIDS Program (the " HOPWA Program "). B. The City issued a Request for Proposals on February 6, 2015, and Project Sponsor was selected to be awarded this grant. C. Project Sponsor intends to enter into this Agreement with the City of Santa Ana, for the acquisition and rehabilitation of real property located at 1677 West Ord Way, Anaheim, California, and more particularly described in Exhibit A to this Agreement (the "Property "). D. Project Sponsor intends to acquire and improve the Property which is a single family house with at least five (5) bedrooms (the "Project') as defined in 24 CFR 574.340. The Project will serve homeless individuals with a qualified disability to provide permanent housing with supportive services for persons with human immunodeficiency virus ( "HIV ") or acquired immunodeficiency syndrome ( "AIDS ") and related diseases. E. City has determined that Project Sponsor and the Property are eligible to receive funds made available by HUD pursuant to the HOPWA Program for the purpose of acquiring and rehabilitating the single family home. F. The parties mutually desire to comply with all applicable HOPWA Regulations. NOW, THEREFORE, City agrees to make a grant of HOPWA Funds to Project Sponsor in the amount of SEVEN HUNDRED TWENTY THOUSAND DOLLARS ($720,000) (the "Grant'), subject to the following terms and conditions: 1. Use of Grant l24 CFR 574.300(b)(3 )I 'the Grant shall be used exclusively for the payment of acquisition and rehabilitation costs associated with the development of the Project. Grant funds shall be used as follows: a. Acquisition and Rehabilitation of Five Bedroom Single Family House. The HOPWA grant shall be used for the acquisition of a single family five bedroom house and for M US materials, supplies, labor and services that are an integral part of the Project, including but not limited to: architecture and engineering, consulting, building permit(s), planning and other governmental fees, title and escrow fees and construction costs. Funds shall be disbursed in the amounts approved by City. All disbursements shall be made subsequent to Project Sponsor taking title to the Property. b. Schedule. Project Sponsor shall close escrow thirty (30) days after the execution of this Agreement. All funds must be returned to the City should Project Sponsor fail to acquire the Property. Project Sponsor shall commence rehabilitation of the Property not later than ninety (90) days after execution of this Agreement, and shall complete the work not later than 180 days after commencement. This schedule may be modified with the consent of the City Manager, or his/her designee. C. Scope of Rehabilitation. The development of the Property shall be performed in a matmer consistent with the scope of rehabilitation to be provided to the City prior to any rehabilitation work. d. inspections During Rehabilitation. The City shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and /or local requirements and this Agreement. Project Sponsor agrees to require that all work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction contractor or subcontractor until the work has been corrected. The City reserves the right to inspect the Property at any time during the period of time set forth in Section 3 of this Agreement. 2. Disbursement of Funds l24 CFR 92.504(c)(10)] Project Sponsor shall not request disbursement of any portion of the Grant until the funds are needed to pay eligible costs. The amount of each disbursement request shall be limited to the amount needed. The City shall have the right to disapprove any request if the City determines the request is for an ineligible item or is otherwise not in compliance with or is inconsistent with this Agreement. Grant proceeds used for actual costs shall be placed in an non - interest bearing escrow account with United States Escrow or at such other institution as City requires in compliance with federal regulations found at 24 CFR 511 (the "Escrow Account "). Upon written request of Project Sponsor, City will request disbursement of funds. Such requests by City for payments for individual work items shall be made after inspection and acceptance of the work by City and City approval of Project Sponsor's requisitions (to be in the form of Exhibit B attached hereto) and invoices and satisfactory proof that the Property, Project Sponsor and City are properly protected from liens or claims of liens for labor and materials. All funds disbursed to Project Sponsor shall be received by Project Sponsor in trust and Project Sponsor agrees that the same shall be used only for the payment of the items approved for by the disbursement. City shall not be required to request disbursement of any amount which, in City's opinion, will reduce that portion of the undisbursed finds designated for the cost of completion of the Project below that needed to pay for the labor and materials necessary to complete the work. 25H -4 3. Minimum Use Period 124 CFR 574.310(c ] Project Sponsor agrees that all of the bedrooms in the Property will he used to provide housing for individuals with HIV /AIDS or related diseases for a period of not less than ten (10) years from the date of issuance of Certificate of Occupancy or Notice of Completion of rehabilitation (Term"), 4. Eligible Occupants 124 CFR 574.3, 24 CFR 573.310(e)] Occupancy of the Property shall be limited to Eligible Persons. For the purpose of this Agreement: a. "Eligible Person" shall mean a person with HIV /AIDS or a related disease who is a very low- income individual, and the person's Family. b. "Very Low- Income Individual" mean any individual or family whose income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for household size. 5. Rental Pavments f24 CFR 574.310(d), 24 CFR 574.430 The rent charged by Project Sponsor for any dwelling unit within the Property shall be the product of 30% times 50% of the area median income adjusted for family size (less utility allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of any Eligible Person for any housing or services provided with HOPWA Funds. 6. Supportive Services [24 CFR 574.310(a)] Project Sponsor, either itself or through qualified service providers in the area, shall make appropriate supportive services available to the occupants of the Property. Supportive social services include but are not limited to, health, mental health, assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local, State, and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals. For any individual with AIDS or a related disease who requires more intensive care than can be provided at the Property, Project Sponsor shall locate a care provider who can appropriately care for the individual and refer the individual to that care provider. 7. Housing Quality Standards f24 CFR 574.310(b)l The Property shall be rehabilitated to comply with the housing quality standards set forth in 24 CFR 574.310(b), a copy of which is attached to this Agreement as Exhibit C. Project Sponsor shall maintain the Property in compliance with the housing quality standards for the entire Term of this Agreement. 8. Other Program Requirements Project Sponsor shall comply with all applicable federal requirements set forth in Subpart E, F and G of the HOP WA regulations, including the following. a. Relocation Assistance for Displaced Persons., 24 CFR 574.630. 25H -5 The acquisition of the Property is subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( "URA ") (42 U.S.C. 4601 -4655) and implementing regulations at 49 CFR part 24. For proposes of this Agreement, a "displaced person" is defined as set forth in 24 CFR, 574.630(1). A displaced person must be provided relocation assistance at the levels described in, and in accordance with the requirements of, the URA and implementing regulations and the City's relocation rules and policies. b. Confidentiality. 24 CFR 574.440, Project Sponsor shall ensure the confidentiality of the name of any individual assisted under the HOPWA Program and any other information regarding individuals receiving assistance. C. Equal Opportunity and Fair Housing. 24 CFR 574.600. (1) Civil Rights Fair Housing and Age Discrimination Acts Assurances: During the performance of this Agreement, Project Sponsor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, familial status, sex, age, disability, religion, or religious preference, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, 942 U.S.C. 2000(d), the Fair Housing Act (42 U.S.C. 3601 -19) and the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07), and all implementing regulations. (2) Training Employment and Contracting Opportunities for Business and Low- Income Persons. (A) The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Project. (B) The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR Part 135, and all applicable rules and orders of the State issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (C) Project Sponsor will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the City, the State or HUD, take appropriate action pursuant to the contract upon a finding that Project Sponsor or any contractor or subcontractor is in violation of regulations issued by the Secretary of 25H -6 HUD, 24 CFR Part 135, and will not let any contract unless Project Sponsor or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (D) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the City, the State and HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project, binding upon Project Sponsor, its successors, and assigns. Project Sponsor shall report Section 3 quarterly on the form attached hereto and incorporated herein as Exhibit D. Failure to fulfill these requirements shall subject Project Sponsor, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. (3) MBE/WBE Affirmative Action Outreach Program. Project Sponsor hereby agrees to comply with the City's minority and women business outreach program in accordance with 24 CFR 574.600(d). (4) Affirmative Outreach. Project Sponsor shall adopt procedures to ensure that all persons who qualify for assistance under the HOPWA 'Program, regardless of their race, color, religion, sex, age, national origin, familial status, or handicap, know of the availability of the HOPWA Program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of the procedures. (5) Disability Requirements. Project Sponsor shall not discriminate against persons with HIV /AIDS or related diseases based on an additional handicap of such persons in violation of the Fair Housing Act or section 504 of the Rehabilitation Act of 1973. Project Sponsor also shall comply with the reasonable modification requirements of the Fair Housing Act, the reasonable accommodation requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, and implementing regulations. d. Wage Rates. 24 CPR 574.655. The provisions of the Davis- Bacon Act (40 U.S.C. 276a- 276a -5) do not apply to the rehabilitation of the Property, unless Project Sponsor will be using HOPWA Funds in combination with funds from other Federal programs that are subject to the Act. e. Lead -based Paint. 24 CFR 574,635. Housing assisted with HOPWA Funds constitutes HUD- associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et seo.) and is, therefore, subject to 24 CFR part 35. Accordingly, and pursuant to 24 CFR 574.635, Project Sponsor hereby agrees to and shall be responsible for testing and abatement activities specified in the Lead -Based Paint Poisoning Prevention Act and the regulations set forth at 24 CPR part 35 with respect to the Project. 25H -7 f. Conflict of Interest. 24 CFR 574.625. No person who is an employee, agent, consultant, officer or elected or appointed official of the City of Santa Ana or of Project Sponsor, who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOPWA Funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any contract, subcontract or agreement with respect hereto, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. g. Debarment and Suspension. 24 CFR 574.620. Concurrently with the execution of this Agreement, Project Sponsor has completed and delivered to the City the Certificate Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - -Lower Tier Covered Transactions, attached hereto as Exhibit E, as required by 24 CFR 574.620. h. Lobbying. 24 CFR 574.615. Concurrently with the execution of this Agreement, Project Sponsor has completed and delivered to the City the Certification Regarding Lobbying attached hereto as Exhibit F, as required by 24 CFR 574.615. i. Flood Insurance. 24 CFR 574.640, This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.). No portion of the assistance provided under this Agreement is approved for acquisition, rehabilitation, or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Federal Emergency Management Agency as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act. The use of any assistance provided under this Agreement for such acquisition, rehabilitation, or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. j. Coastal Barriers. 24 CFR 574.645. This Agreement is subject to the Coastal Barrier Resources Act (16 U.S.C. 3501). No financial assistance under the HOPWA Program may be made available within the Coastal Barrier Resources System. The use of any assistance provided under this Agreement within the Coastal Barrier Resources System shall be grounds for immediate termination of this Agreement. 9. All -Risk and Liability Insurance. Project Sponsor shall maintain, during the tern of this Agreement, (1) an all -risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property, and (2) a comprehensive general liability insurance policy with a $1,000,000 limit of liability. The all -risk policy shall name the City as loss payee and the liability insurance policy shall name the City as an additional insured. Each policy shall contain a statement of obligation on behalf of the insurance carrier to notify the City of any material change, cancellation or termination of coverage at least 30 days in advance of the effective date of such material change, cancellation or termination. Project Sponsor shall deliver a copy of the certificate of insurance for each policy and the loss payee or additional insured endorsement, as the case may be, to the City at the close of escrow for the acquisition of the Property. Project 25H -8 Sponsor shall annually deliver a copy of the certificate of insurance for each policy and the loss payee or additional insured endorsement, as the case may be, to the City, signed by an authorized agent of the insurance carrier and setting forth the general provisions of coverage. The copies of the certificate of insurance and endorsements shall be delivered to the City as follows: City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Attention: Community Development Agency Any certificate of insurance required by this Section 9 must be in a form, content and with an insurance company that is acceptable to the City in its sole discretion. Any insurance proceeds shall, to the extent applicable, be paid to the additional insured and, at the option of such additional insured, may be applied to any indebtedness owed to such insured or released for repair or rebuilding of the Property. Smplus insurance proceeds thereafter may be disbursed to the Project Sponsor. 10. Records and Reports l24 CFR 92.504(c)(12)] Project Sponsor shall prepare, maintain and submit to the City, as appropriate, the following records and reports: a. Annual Reports. Project Sponsor shall file with the City an Annual Report (herein referred to as the "Annual Report") within sixty (60) days following the end of each calendar year, commencing with the end of the calendar year during which the rehabilitation is completed. The Annual Report shall include, and shall contain a certification with regard to, the rental rate and the income and family size of the occupants for each dwelling unit on the Property who have inhabited the Property during the previous calendar year. Project Sponsor shall obtain the income information required to be included in the Annual Report from the occupants of the Property. Any lease or other agreement that Project Sponsor requires occupants of the dwelling units on the Property to execute shall require the occupants to provide such income infon-nation upon the request of the Project Sponsor. The Annual Report shall contain a certification by Project Sponsor as to such other information as the City Manager may reasonably require. b. Records. Project Sponsor shall maintain records relating to the rehabilitation of the Property and make them available for inspection by the City, the State or HUD, upon request, including the following: (1) current and accurate data on the race and ethnicity of the occupants of the Property; (2) records which demonstrate compliance with the requirements set forth in Sections 8.a., 8.c., and 8.e., above; 25H -9 (3) records which demonstrate compliance with the property standards set forth in Attachment No. 4; (4) certifications given by contractors and subcontractors given pursuant to Sections 8.g. and 8.h, above. (5) statement of income to Project Sponsor from tenants pursuant to Section IO.a., above Project Sponsor shall retain all books and records relevant to this Agreement for a minimum of four years after the expiration of this Agreement and any and all amendments hereto, or for four years after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, whichever is later. The City, the State, HUD, and /or their representatives shall have unrestricted reasonable access to all locations, books, and records for the purpose of monitoring, auditing, or otherwise examining said locations, books, and records with or without prior notice. If so directed by the City, the State or HUD upon termination of this Agreement, Project Sponsor shall cause all records, accounts, documentation and all other materials relevant to the Work to be delivered to the City, the State or HUD, as depository. C. Audits. Project Sponsor shall be subject to periodic audits pursuant to 24 CFR Part 45. Project Sponsor shall reasonably cooperate with City in performing such audit. 11. Enforcement 124 CFR 92.504(c)(13)] This Agreement and all of its attachments, shall be enforceable by City in accordance with the terms hereof. Failure by Project Sponsor to comply with any material provision hereof shall constitute a breach. In the event of a breach, City shall provide written notice to Project Sponsor. City may terminate this Agreement in the event Project Sponsor fails to cure any such default within 30 days after notice or in the event that Project Sponsor conveys the Property to a person who does not agree to assume the obligations of Project Sponsor under this Agreement. The foregoing provision does not apply to a transfer of the Property to HUD or to a transferee of HUD. 12. Agreement Containing Covenants. Concurrently with the execution of this Agreement, City and Project Sponsor shall execute and acknowledge an Agreement Containing Covenants Affecting Real Property substantially in the form and substance of Exhibit G hereto. The executed and acknowledged Agreement Containing Covenants Affecting Real Property shall be recorded against the Property at the time of the acquisition of the Property by Project Sponsor. 13, Attachments. Project Sponsor has reviewed and, if appropriate, agrees to execute and acknowledge the following documents in substantially the form as attacbed to this Agreement prior to receiving the Grant, and any other documents or instruments reasonably required by the City or a participating entity to complete the transaction contemplated herein: Exhibit A - Legal Description of Property Exhibit B - Draw Request Exhibit C - Housing Quality Standards (24 CFR 74.31O(b)) 25H -10 Exhibit D Section 3 Report Exhibit E - Debarment Certification Exhibit F - Certification Regarding Lobbying Exhibit G - Agreement Containing Covenants Affecting Real Property Project Sponsor agrees and acknowledges that the Agreement Containing Covenants Affecting Real Property shall be recorded against the Property with the County Recorder of the County of Orange and shall appear of record with respect to and as an encumbrance against the Property. 14. Duration of this Agreement. This Agreement shall remain in effect for ten (10) years from the date the Notice of Completion of rehabilitation or Certificate of Occupancy is filed /issued and shall automatically tertninate on the tenth (l Ott') anniversary from said date. 15. Repayment of Grant: Project Sponsor shall not be obliged to make payments to City during the Term of this Grant, which shall be ten (10) years (the "Term "); provided, however, that in the event of default, the principal amount (as reduced pursuant to this Paragraph) shall become due and payable in full. The preceding sentence to the contrary notwithstanding, the principal amount shall be deemed repaid by the amount of ten percent (10 %), or Seventy Two Thousand Dollars ($72,000.00) each annual anniversary during the Term commencing on , 2015, and continuing on each anniversary thereafter until the last day of the Term. 16. Expiration of Repayment Obligation. In the event the Project Sponsor does not sell or transfer the Property, fail to occupy, refinance, or discontinue the Project, or if the Project Sponsor is not in material breach of any other provisions of this Agreement before the end of the Term, the Project Sponsor shall have no obligation to make the repayment to City upon any later sale, transfer, refinancing or termination of occupancy on the Property. 17, Non - Waiver. Failure to exercise any right City may have or be entitled to, in the event of a default hereunder, shall not constitute a waiver of such right or of any other right in the event of a subsequent default. 18. Indemnification, The Project Sponsor shall defend, indemnify and hold harmless the City of Santa Ana and its officers, employees, representatives and volunteers from and against any loss, liability, claim, or judgment relating in any manner to the Property referred to in this Agreement. The Project Sponsor shall remain fully obligated for the payment of property taxes and assessments related to the Property. There shall be no reduction in taxes for Project Sponsor, nor any transfer of responsibility to City to make such payments, by virtue of the Grant. 19. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under, this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in a Federal District Court in the Central District of California. 25H -11 20, Amendment of Agreement, No modification, rescission, waiver, release or amendment of any provisions of this Agreement shall be made except by written agreement executed by the Project Sponsor and City. 21, Project Sponsor Assignment Prohibited. in no event shall Project Sponsor assign or transfer any portion of this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. No assumption of the Grant shall be permitted at any time. 22. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties and commemorates the agreement that was previously made between the City and Project Sponsor. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supercedes all prior negotiations, discussions and previous agreements between the City and the Project Sponsor concerning all or any part of the subjectmatter of this Agreement. 10 25H -12 IN WITNESS WHEREOF, the City and Project Sponsor have executed this Agreement. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa E. Storck Assistant City Attorney RECOMMEND APPROVAL: Kelly Reenders, Executive Director Community Development Agency THE CITY OF SANTA ANA By: David Cavazos City Manager STRAIGHT TALK CLINIC, INC., a 501(c)3 corporation Shelly M. Lummus, Executive Director 11 25H -13 EXI IIBIT A LEGAL DESCRIPTION ALSO REFERENCED AS -APN 12 25H -14 EXHIBIT B DRAW REQUEST PAYMENT REQUEST CITY OF SANTA ANA RESIDENTIAL REHABILITATION PROGRAM HOMEOWNER: RCS: ❑ PROGRESS PAYMENT NUMBER ❑ FINAL PAYMENT ❑ TERMITE PAYMENT PAYEE. AMOUNT REQUESTED: CONTRACTOR (PAYEE) The undersigned CONTRACTOR: (1) Certifies that to the best of their knowledge, information and belief, the work covered by this Payment Request has been completed in accordance with the approved Housing Rehabilitation Work Contract; (2) Certifies that they have obtained all required building permits, inspections and approvals for the work covered by this Payment Request; (3) Certifies that they have not promised or given the HOMEOWNER a cash payment or rebate. CONTRACTOR (PRINT NAME) CONTRACTOR SIGNATURE CITY OF SANTA ANA (RCS) Based on site observations, the undersigned Residential Construction Specialist (RCS) certifies that to the best of their knowledge, information and belief, the work covered by this Payment Request has been completed in accordance with the approved Housing Rehabilitation Work Contract and complies with program requirements. 13 25H -15 JOB ADDRESS: ❑ CHANGE ORDER # PAYMENT ❑ RELEASE OF RETENTION ❑ OTHER: PAYEE ADDRESS: HOMEOWNER The undersigned HOMEOWNER: (1) Certifies that to the best of information and belief, the work covered by this Payment Request ha; to their satisfaction and in accordance with the approved Housing R Contract; (2) Authorizes payment to the CONTRACTOR in the amor Acknowledges and agrees that inspections by the Residential Cons (RCS) are performed for financial purposes and to ensure compliai requirements, and should not be relied upon as a surety that the work x HOMEOWNER (PRINT NAME) HOMEOWNER SIGNATURE CITY OF SANTA ANA The undersigned certify that to the best of their knowledge, infounath Payment Request has been properly prepared and documented s disbursement of funds to cover the amount requested. SRCS SIGNATURE DAT HOUSING MANAGER SIGNATURE DAT OF;7CE USE ONLY � SOURCE OF FUNDS AMOUNT FUND CONTROL CONTROL NUMBER HOME $ AMERICAN BANK GDBG $ IN -HOUSE OTHER $ _ TOTAL $ ❑ AMERICAN BANK - MAIL CHECK TO PAYEE, EMAIL COPY OF CHECK TO RCS Revised 7 -31 -12 14 25H -16 EXHIBIT O HOUSING QUALITY STANDARDS (24 CFR 574.310 (B) TITLE 24-- HOUSING AND URBAN DEVELOPMENT CHAPTER VIII -- OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING -- FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (SECTION 8 HOUSING ASSISTANCE PROGRAMS AND SECTION 202 DIRECT LOAN PROGRAM) PART 882 -- SECTION 8 CERTIFICATE AND MODERATE REHABILITATION PROGRAMS - -Table of Contents Subpart A -- Applicability, Scope and Basic Policies Sec. 882.109 Housing quality standards. Housing used In this program shall meet the Performance Requirements set forth in this section. In addition, the housing shall meet the Acceptability Criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. (a) Sanitary facilities (1) Performance requirement, The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. (b) Food preparation and refuse disposal (1) Performance requirement The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g.. garbage cans). (2) Acceptability criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the Owner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. (c) Space and security (1) Performance Requirement. The dwelling unit shall afford the Family adequate space and security. (2) Acceptability criteria. The dwelling unit shall contain a living room, kitchen area, and bathroom. The dwelling unit shall contain at least one bedroom or living /sleeping room of appropriate size for each two persons. Persons of opposite sex, other than husband and wife or very young children, shall not be required to occupy the same bedroom or living /sleeping room. Exterior doors and windows accessible from outside the unit shall be lockable. (d) Thermal environment (1) Performance requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and /or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable, (e) Illumination and electricity (1) Performance requirement. Each room shall have adequate natural or artificial Illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. 15 25H -17 (2) Acceptability criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type Tight fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be an overhead light, shall be present and operable in the living area, kitchen area, and each bedroom area. (f) Structure and materials (1) Performance requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. (2) Acceptability criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. (g) Interior air quality (1) Performance requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (h) Water supply (1) Performance requirement. The water supply shall be free from contamination. (2) Acceptability criteria. The unit shall be served by an approved public or private sanitary water supply. (1) Lead -based paint (1) Purpose and appllcablity. The purpose of this paragraph is to implement the provisions of section 302 of the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing procedures to eliminate as far as practicable the hazards of lead -based paint poisoning with respect to existing housing units for which Requests For Lease Approval are made under this part. This paragraph is promulgated under the authorization granted in 24 CFR 35.24(b)(4) and supersedes, with respect to all housing to which it applies, the requirements prescribed by subpart C of 24 CFR part 35. The requirements of paragraph (i)(4) of this section are applicable to units for which initial inspection under Sec. 882.209(h)(1) or periodic inspection under Sec. 882.211(b) is made on or after May 1, 1987. The requirements of this paragraph do not apply to 0- bedroom units. The requirements of subpart A of 24 CFR part 35 apply to all units constructed prior to 1978 covered by a Housing Assistance Payments Contract under this subpart. (2) Definitions -- Applicable surface. All intact and nonintact Interior and exterior painted surfaces of a residential structure. Chewable surface. All chewable protruding painted surfaces up to five feet from the floor or ground, which are readily accessible to children under seven years of age, e.g„ protruding corners, windowsills and frames, doors and frames, and other protruding woodworks. Defective paint surface. Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose, Elevated blood lead level or EBL. Excessive absorption of lead, that Is, a confirmed concentration of lead in whole blood of 25 ug /dl (micrograms of lead per deciliter of whole blood) or greater. Lead -based paint. A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1 mglcm121. (3) Defective paint. In the case of a unit, for a Family which includes a child under the age of seven years, which was constructed prior to 1978, the initial inspection under Sec. 882.209(h)(1), and each periodic Inspection under Sec. 882.211(b), shall include an inspection for defective paint surfaces. If defective paint surfaces are found, treatment as required by 24 CFR 35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882.211(b) -(c), as appropriate. Correction of defective paint conditions discovered at periodic inspection shall be completed within 30 days of PHA notification to the Owner. When weather conditions prevent completion of repainting of exterior surfaces within the 30 -day period, repainting may be delayed, but covering or removal of the defective paint must be completed within the prescribed period (4) Chewable surfaces. In the case of a unit constructed prior to 1978, for a Family which includes a child under the age of seven years with an identified EBL condition, the Initial inspection under Sec. 882.209(h)(1), or a periodic inspection under Sec. 8K21 1(b), shall include a test for lead -based paint on chewable surfaces, Testing shall be conducted by a State or local health or housing agency, an inspector certified or regulated by a State or local health or housing agency or an organization recognized by HUD. Lead content shall be tested by using an X -ray fluorescence analyzer (XRF) or other method approved by HUD. Test readings of 1 mglcm <SUP>2<1SUP> or higher using an XRF shall be considered positive for presence of lead -based paint. Ire 25H -18 Where lead -based paint on chewable surfaces Is identified, covering or removal of the paint surface In accordance with 24 CFR 35.24(b)(2)(ii) shall be required in accordance with Sec. 882.209(h) or Sec. 882,211 (b) and (c), as appropriate, and correction shall be completed within the time limits set forth in paragraph (i)(3) of this section. (5) Abatement without testing. In lieu of the procedures set forth in (4) above, the PHA may at its discretion, forego testing and require the owner to abate all interior and exterior chewable surfaces in accordance with the method set out at 25 CFR 35 24(b)(2)(ii). (6) Tenant protection. The owner shall take appropriate action to protect tenants from hazards associated with abatement procedures. (7) Records. The PHA shall keep a copy of each inspection report for at least three years. If a unit requires testing or if the unit requires treatment of chewable surfaces based on the testing, the PHA shall keep indefinitely the test results and, if applicable, the owner certification of treatment. The records shall indicate which chewable surfaces in units have been tested and which chewable surfaces in the units have been treated. If records establish that certain chewable surfaces were tested or tested and treated in accordance with the standards prescribed in this section, such chewable surfaces do not have to be tested or treated at any subsequent time. G) Access (1) Performance requirement. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability criteria. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties. The building shall provide an alternate means of egress in case of fire (such as fire stairs or egress through windows). (k) Site and neighborhood (1) Performance requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants. (2) Acceptability criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back -ups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (I) Sanitary condition (1) Performance requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability criteria. The units and its equipment shall be free of vermin and rodent infestation. (m) Congregate Housing (1) Performance requirement. The foregoing standards shall apply except for paragraph (b) of this section and the requirement in paragraph (c)(2) of this section for a kitchen area. In addition, the following standards shall apply: (1) The unit shall contain a refrigerator of appropriate size. (2) The sanitary facilities described in paragraph (a) of this section shall be contained within the unit. (3) The central dining facility and central kitchen shall be located within the building or housing complex and be accessible to the occupants of the congregate units, and shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner by a food service or persons other than the occupants and shall be for the primary use of occupants of the congregate units and be sufficient In size to accommodate the occupants. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). (n) Independent Group Residence (1) Performance requirement. The foregoing standards shall apply except for paragraphs (a), (b), (e), (f), (k), and (m) of this section. In addition, the following standards shall apply: (1) The unit shall contain and have ready access to a flush toilet which can be used in privacy, a fixed basin with hot and cold running water, and a shower and/or tub equipped with hat and cold running water all in proper operating condition and adequate for personal cleanliness and the disposal of human wastes. These facilities shall utilize an approved public or private disposal system, and shall be sufficient in number so that they need not be shared by more than four occupants. Those units accommodating physically handicapped occupants with wheelchairs or other special equipment shall provide access to all sanitary facilities, and shall provide, as appropriate to needs of the occupants, basins and toilets of appropriate height; grab bars to toilets, showers and/or bathtubs; shower seats; and adequate space for movement. (2) The unit shall contain suitable space to store, prepare and serve foods in a sanitary manner. A cooking stove or range, a refrigerator(s) of appropriate size and in sufficient quantity for the number of occupants, and a kitchen sink with hot and cold running water shall be present in proper operating condition. The sink shall drain into an approved private or public system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and 17 25H -19 services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans), (3) The dwelling unit shall afford the Family adequate space and security. A living room, kitchen, dining area, bathroom, and other appropriate social, recreational or community space shall be within the unit, and the unit shall contain at least one bedroom of appropriate size for each two persons. Exterior doors and windows accessible from outside each unit shall be capable of being locked. An emergency exit plan shall be developed and occupants shall be apprised of the details of the plan. All emergency and safety features and procedures shall meet applicable State and local standards. (4) The unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. Ceilings, walls and floors shall not have any serious defects such as severe bulging or loaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weather tight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of Interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe and operating condition. Units accommodating physically handicapped occupants with wheelchairs and other special equipment shall not contain architectural barriers which impede access or use, and handrails and ramps shall be provided as appropriate. (5) The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants, and shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank back -ups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibrations or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. The unit shall be located in a residential setting and be similar in size and appearance to housing generally found in the neighborhood, and be within walking distance or accessible via public or available private transportation to medical and other appropriate commercial and community service facilities. (6) Supportive services. @ A planned program of adequate supportive services appropriate to the needs of the occupants shall be provided on a continual basis by a qualified Resident Assistant(s) residing in the unit, or other qualified person(s) not residing in the unit, who will provide such services on a continual, planned basis. Supportive services which are provided within the unit may include the following types of services: Counseling; social services which promote physical activity, intellectual stimulation and /or social motivation; training or assistance with activities of daily living including housekeeping, dressing, personal hygiene and /or grooming; provision of basic first aid skills in case of emergencies; supervision of self- administration of medications, diet and nutrition; and assurance that occupants obtain incidental medical care, as needed, by facilitating the making of appointments at, and transportation to, medical facilities. Supportive services provided within the unit shall not include the provision of continual nursing, medical or psychiatric care. (it) The provision and quality of the planned program of supportive services, including the minimal qualifications, quantity and working hours of the Resident Assistant(s) living in the unit or other person(s) providing continual supportive services, shall be initially determined by the Service Agency in accordance with the standards established by the State. Compliance with these standards by the Service Agency shall be regularly monitored throughout the term of the Contract by the PHA and the State (e.g., Department of Human Resources, Mental Health, Mental Retardation, Social Services, etc.), or a local authority (other than the Service Agency providing services) designated by the State to establish, maintain and enforce such standards. (iii) A written Service Agreement, approved by the State and In effect between the Owner and the Service Agency and /or the entities which provide the necessary supportive service, shall be submitted to the PHA with the request for Lease approval. The Lease between the eligible individual and the Owner shall set forth the Owner's obligation for and means of providing these services. If the lessor provides the supportive services, a Service Agreement is not required and the provision of these services shall be incorporated into the Lease and shall be approved by the State. (See Sec. 882.2090) (2).) (7) State approval. Independent Group Residences shall be licensed, certified or otherwise approved in writing by the State (e.g., Departments of Human Resources, Mental Health, Retardation, Social Services, etc.) prior to the execution of the initial Contract. This approval shall be reexamined periodically based on a schedule established by the State. To assure that facilities and the supportive services are appropriate to the needs of the occupants, the State shall also approve the written Service Agreement (or Leases, if the provider of services is the lessor) for each Independent Group Residence. (See Sec. 882.2090)(2).) (o) Manufactured Home (1) Performance requirement. A Manufactured Home unit, whether owner or renter occupied, shall comply with the foregoing standards except for paragraph (m) of this section, Congregate Housing, and paragraph (n) of this section, Independent Group Residences. In addition, a Manufactured Home unit shall: (a) Meet the definition of a Manufactured Home set forth in Sec. 18 25H -20 882.102, (b) Be equipped with at least one smoke detector in working condition, and (c) Must be placed on the site In a stable manner and be free from hazards such as sliding or wind damage. (2) Acceptability criteria. A Manufactured Home must be securely anchored by a tie -down device which distributes and transforms the loads imposed by the unit to appropriate ground anchors to resist wind overturning and sliding. (p) Single Room Occupancy (SRO) Unit (1) Performance requirements. The foregoing standards shall apply except for paragraphs (a), (b), (c), (m), (n), and (o). (2) Each SRO unit shall be occupied by no more than one person, (3) Exterior doors and windows accessible from outside the SRO unit must be able to be locked. (4) Sanitary facilities, space and security shall meet local code standards for single room occupancy housing. In the absence of applicable local code standards, the requirements for habitable rooms used for living and sleeping purposes contained in the American Public Health Association's Recommended Housing Maintenance and Occupancy Ordinance shall be used. (q) Shared Housing (1) Applicability of housing quality standards to entire unit. The entire unit must comply with the Performance Requirements and Acceptability Criteria, as provided in paragraphs (a) and (b) of this section and in paragraphs (d) through (I) of this section. (2) Facilities available for Family. The facilities available for the use of each assisted Family in Shared Housing under the Family's Lease must include (whether in the Family's Private Space or in the Common Space) a living room, sanitary facilities in accordance with paragraph (a), and food preparation and refuse disposal facilities in accordance with paragraph (b). (3) Space and security. (1) Inapplicability of paragraph (o). Paragraph (c) of this section does not apply to Shared Housing. (ii) Performance requirement. The entire unit must provide adequate space and security for all its occupants (whether assisted or unassisted). The total number of occupants in the unit may not exceed 12 persons. Each unit must contain Private Space containing at least one bedroom for each assisted Family, plus Common Space for shared use by the occupants of the unit. The Private Space for each assisted Family must contain at least one bedroom for each two persons in the Family. (The two preceding sentences do not apply to the case of two individuals sharing a one- bedroom unit. However, in that situation, no other persons may occupy the unit.) Common Space must be appropriate for shared use by the occupants. If any members of the Family are physically handicapped (as of the time of lease approval), the unit's Common Space and the Family's Private Space must be accessible and usable by them. (iii) Acceptability criteria. The unit must contain a living room, a kitchen, bathroom(s), and bedroom(s). Persons of opposite sex, other than husband and wife or very young children, may not be required to occupy the same bedroom. Exterior doors and windows accessible from outside the unit must be lockable. (r) Smoke detectors (1) Performance requirement. After October 30, 1992, each dwelling unit must include at least one battery- operated or hard- wired smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing - impaired persons, smoke detectors must have an alarm system, designed for hearing- impaired persons, in each bedroom occupied by a hearing - impaired person. (2) Acceptability criteria. The smoke detector must be located, to the extent practicable, in a hallway adjacent to a bedroom, unless the unit is occupied by a hearing - impaired person, in which case each bedroom occupied by a hearing - impaired person must have an alarm system connected to the smoke detector Installed in the hallway. [Code of Federal Regulations] [Title 24, Volume 4, Parts 700 to 1699] [Revised as of April 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR882.109] [43 FR 61246, Dec. 29,1978, as amended at 44 FR 21630, Apr. 11, 1979; 44 FR 65364, Nov. 9, 1979; 49 FR 12237, Mar. 29, 1984; 50 FR 9269, Mar, 7, 1985; 50 FR 38794, Sept. 25,1985; 51 FR 21309, June 11, 1986; 51 FR 24324, July 3, 1986; 52 FR 1893, Jan. 15, 1987; 52 FR 9828, Mar. 27, 1987; 53 FR 4388, Feb. 16, 1988; 53 FR 7734, Mar. 10, 1988; 53 FR 20801, June 6, 1988; 57 FR 33851, July 30, 1992] 19 25H -21 EXHIBIT D SECTION 3 REPORT 20 25H -22 EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS 24 CFR Part 24, Appendix B Instructions for Certification I. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide irmnediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of charged circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, perso n, primary covered transaction, np ,ncipal, rp onosal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement 21 25H -23 List (Tel #). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Dated: [PROJECT SPONSOR] 22 25H -24 EXHIBIT F CERTIFICATION REGARDING LOBBYING 24 CPR Part 87, Appendix A Certification for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated fiends have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any fiends other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Dated: By: [PROJECT SPONSOR] 23 25H -25 25H -26 EXHIBIT G RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of Santa Ana 20 Civic Center Plaza (M -37) P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING REQUESTED (Godt Code Section 6103) AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (1677 West Ord Way, Anaheim, CA) THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Agreement Containing Covenants ") is entered into this 7`t' day of April, 2015, by and between STRAIGHT TALK CLINIC, INC. ( "Project Sponsor "), a 501(c)3 corporation, and the CITY OF SANTA ANA, a charter city and municipal corporation ( "City "). RECITALS: A. City is responsible for administering the use of certain funds ( "HOPWA Funds ") made available by the United States Department of Housing and Urban Development ( "HUD ") under the Housing Opportunities for Persons with AIDS Program (the " HOPWA Program "). B. For the propose of effectuating the HOPWA Program, the City and Project Sponsor have entered into that certain Grant Agreement for Acquisition and Rehabilitation of a Single Family House, dated concurrently herewith (the "Grant Agreement "), pursuant to which City made a grant to Project Sponsor for the acquisition and rehabilitation of a single family home of which all of the bedrooms will be for individuals with human immunodeficiency virus ( "HIV ") or acquired immunodeficiency syndrome ( "AIDS ") and related diseases located in the City of Anaheim, California, and more particularly described in Exhibit A attached hereto and incorporation hereby by this reference (the "Property "). C. Project Sponsor will use the funds provided by City pursuant to the Grant Agreement, to acquire and rehabilitate the Property. D. The Grant Agreement contains certain provisions relating to the use of the Property with respect to which the parties have agreed to execute and record this Agreement Containing Covenants. 24 i &V�� NOW, THEREFORE, CITY AND PROJECT SPONSOR COVENANT AND AGREE AS FOLLOWS: 1. Project Sponsor covenants and agrees (for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof) that Project Sponsor, such successors, and such assigns shall devote the Property (or any part thereof), to the uses specified therefor in the Grant Agreement, the scope of rehabilitation approved pursuant to the Grant Agreement, and this Agreement Containing Covenants. 2. Project Sponsor shall assure that the Property shall be used only for rental housing for Eligible Persons. a. "Eligible Person" shall mean a person with AIDS or a related disease who is a very low- income individual. b. "Very Low- Income Individual' mean any individual or family whose income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for household size. 3. The rent charged by Project Sponsor for any dwelling unit within the Property shall be the product of 30% times 50% of the area median income adjusted for family size (less utility allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of any Eligible Person for any housing or services provided with HOPWA Funds. 4. Project Sponsor covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, national origin, sex, age, disability, marital status, sexual preference, creed, ancestry, medical condition, HIV/AIDS, acquired or perceived, or retaliation for having filed a discrimination complaint, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Project Sponsor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. 5. Project Sponsor shall file with City an Annual Report (herein referred to as the "Annual Report ") within sixty (60) days following the end of each calendar year, commencing with the end of the calendar year during which the rehabilitation of the Property is completed. The Annual Report shall include, and shall contain a certification with regard to, the rental rate and the income and family size of the occupants for each dwelling unit on the Property who have inhabited the Property during the previous calendar year. Project Sponsor shall obtain the income information required to be included in the Annual Report from the occupants of the Property. Any lease or other agreement that Project Sponsor requires occupants of the dwelling units on the Property to execute shall require the occupants to provide such income information upon the request of Project Sponsor, The Annual Report shall contain a certification by Project Sponsor as to such other information as the City Manager may reasonably require. 25 25H -28 6. in amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that City shall be deemed a beneficiary of the covenants and agreements provided hereinabove both for and in its own tight and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City shall have the right, in the event of any breach of any such covenant or agreement, to exercise all the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach of covenant or agreement. 7. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement Containing Covenants shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest on the Property, provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 8. Only City, its successors and assigns, and Project Sponsor and successors and assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements, or other restrictions contained in this Agreement Containing Covenants, or to subject the Property to additional covenants, easements or other restrictions. City, its successors and assigns, and Project Sponsor and the successors and assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in pail, any of the covenants, easements, or restrictions contained in this Agreement Containing Covenants or to subject the Property to additional covenants, easements, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property. 9. The covenants established in this Agreement Containing Covenants, shall, without regard to technical classification and designation, be binding on Project Sponsor and any successor in interest to the Property or any part thereof for the benefit and in favor of City, its successors and assigns, and City. The covenants contained in this Agreement Containing Covenants shall remain in effect for ten (10) years from the date on which the Certificate of Occupancy or Notice of Completion of rehabilitation is filed/issued, 10. Project Sponsor shall not be obliged to make payments to City during the Term of this Grant, which shall be ten (10) years (the "Term"); provided, however, that in the event of default, the principal amount (as reduced pursuant to this Paragraph) shall become due and payable in full. The preceding sentence to the contrary notwithstanding, the principal amount shall be deemed repaid by the amount of ten percent (10 %), or Seventy Two Thousand Dollars ($72,000.00) each annual anniversary during the Tenn commencing on , 2015, and continuing on each anniversary thereafter until the last day of the Term. 26 25H -29 111 In the event the Project Sponsor does not sell or transfer the Property, fail to occupy, refinance, or discontinue the Project, or if the Project Sponsor is not in material breach of any other provisions of this Agreement before the end of the Term, the Project Sponsor shall have no obligation to make the repayment to City upon any later sale, transfer, refinancing or termination of occupancy on the Property. 12. Failure to exercise any right City may have or be entitled to, in the event of a default hereunder, shall not constitute a waiver of such right or of any other right in the event of a subsequent default. 13. The Project Sponsor shall defend, indemnify and hold harmless the City of Santa Ana and its officers, employees, representatives and volunteers from and against any loss, liability, claim, or judgment relating in any manner to the Property referred to in this Agreement. The Project Sponsor shall remain fully obligated for the payment of property taxes and assessments related to the Property. There shall be no reduction in taxes for Project Sponsor, nor any transfer of responsibility to City to make such payments, by virtue of the Grant. 14. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in a Federal District Court in the Central District of California. 15. No modification, rescission, waiver, release or amendment of any provisions of this Agreement shall be made except by written agreement executed by the Project Sponsor and City. 16. In no event shall Project Sponsor assign or transfer any portion of this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. No assumption of the Grant shall be permitted at any time. 17. This Agreement constitutes the entire understanding and agreement of the parties and commemorates the agreement that was previously made between the City and Project Sponsor. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supercedes all prior negotiations, discussions and previous agreements between the City and the Project Sponsor concerning all or any part of the subject matter of this Agreement. 27 25H -30 IN WITNESS WHEREOF, City and Project Sponsor have executed this Agreement Containing Covenants. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney LIZ THE CITY OF SANTA ANA By: David Cavazos City Manager Lisa E. Storck Assistant City Attorney STRAIGHT TALK CLINIC, INC., a 50I(c)3 corporation By :__ Shelly M. Lummus Executive Director 28 25H -31 EXHIBIT A LEGAL DESCRIPTION All that land situated in the City of County of Orange, State of California described as follows: ALSO REFERENCED AS — APN 29 25H -32 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of Santa Ana 20 Civic Center Plaza (M -37) P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING REQUESTED (Godt Code Section 6103) AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY { 1677 West Ord Way, Anaheim, CA} THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Agreement Containing Covenants ") is entered into this 7 "' day of April, 2015, by and between STRAIGHT TALK CLINIC, INC. ( "Project Sponsor "), a 501(c)3 corporation, and the CITY OF SANTA ANA, a charter city and municipal corporation ( "City "). RECITALS: A. City is responsible for administering the use of certain funds ( "HOPWA Funds ") made available by the United States Department of Housing and Urban Development ("HUD ") under the Housing Opportunities for Persons with AIDS Program (the " HOPWA Program "). B. For the purpose of effectuating the HOPWA Program, the City and Project Sponsor have entered into that certain Grant Agreement for Acquisition and Rehabilitation of a Single Family House, dated concurrently herewith (the "Grant Agreement "), pursuant to which City made a grant to Project Sponsor for the acquisition and rehabilitation of a single family home of which all of the bedrooms will be for individuals with human immunodeficiency virus ( "HIV") or acquired immunodeficiency syndrome ('AIDS ") and related diseases located in the City of Anaheim, California, and more particularly described in Exhibit A attached hereto and incorporation hereby by this reference (the "Property "). C. Project Sponsor will use the funds provided by City pursuant to the Grant Agreement, to acquire and rehabilitate the Property. D. The Grant Agreement contains certain provisions relating to the use of the Property with respect to which the parties have agreed to execute and record this Agreement Containing Covenants. NOW, THEREFORE, CITY AND PROJECT SPONSOR COVENANT AND AGREE AS FOLLOWS: Project Sponsor covenants and agrees (for itself, its successors, its assigns, and every Page 1 25H -33 successor in interest to the Property or any part thereof) that Project Sponsor, such successors, and such assigns shall devote the Property (or any pail thereof), to the uses specified therefor in the Grant Agreement, the scope of rehabilitation approved pursuant to the Grant Agreement, and this Agreement Containing Covenants. 2. Project Sponsor shall assure that the Property shall be used only for rental housing for Eligible Persons. a. "Eligible Person" shall mean a person with AIDS or a related disease who is a very low - income individual. b. "Very Low- Income Individual" mean any individual or family whose income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for household size. 3. The rent charged by Project Sponsor for any dwelling unit within the Property shall be the product of 30% times 50% of the area median income adjusted for family size (less utility allowance appropriate for the Unit). Except for rent, Project Sponsor shall not charge any fee of any Eligible Person for any housing or set vices provided with HOPWA Funds. 4. Project Sponsor covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, national origin, sex, age, disability, marital status, sexual preference, creed, ancestry, medical condition, HIV /AIDS, acquired or perceived, or retaliation for having filed a discrimination complaint, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Project Sponsor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. 5. Project Sponsor shall file with City an Annual Report (herein referred to as the "Annual Report ") within sixty (60) days following the end of each calendar year, commencing with the end of the calendar year during which the rehabilitation of the Property is completed. The Annual Report shall include, and shall contain a certification with regard to, the rental rate and the income and family size of the occupants for each dwelling unit on the Property who have inhabited the Property during the previous calendar year. Project Sponsor shall obtain the income information required to be included in the Annual Report from the occupants of the Property. Any lease or other agreement that Project Sponsor requires occupants of the dwelling units on the Property to execute shall require the occupants to provide such income information upon the request of Project Sponsor. The Annual Report shall contain a certification by Project Sponsor as to such other information as the City Manager may reasonably require. Page 2 25H -34 6. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that City shall be deemed a beneficiary of the covenants and agreements provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City shall have the right, in the event of any breach of any such covenant or agreement, to exercise all the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach of covenant or agreement. 7. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement Containing Covenants shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest on the Property, provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. S. Only City, its successors and assigns, and Project Sponsor and successors and assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements, or other restrictions contained in this Agreement Containing Covenants, or to subject the Property to additional covenants, easements or other restrictions. City, its successors and assigns, and Project Sponsor and the successors and assigns of Project Sponsor in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements, or restrictions contained in this Agreement Containing Covenants or to subject the Property to additional covenants, easements, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property. 9. The covenants established in this Agreement Containing Covenants, shall, without regard to technical classification and designation, be binding on Project Sponsor and any successor in interest to the Property or any part thereof for the benefit and in favor of City, its successors and assigns, and City. The covenants contained in this Agreement Containing Covenants shall remain in effect for ten (10) years from the date on which the Certificate of Occupancy or Notice of Completion of rehabilitation is filed /issued. 10. Project Sponsor shall not be obliged to make payments to City during the Tenn of this Grant, which shall be ten (10) years (the "Term"); provided, however, that in the event of default, the principal amount (as reduced pursuant to this Paragraph) shall become due and payable in full. The preceding sentence to the contrary notwithstanding, the principal amount shall be deemed repaid by the amount of ten percent (10 %), or Seventy Two Thousand Dollars ($72,000.00) each annual anniversary during the Term commencing on , 2015, and continuing on each anniversary thereafter until the last day of the Term. Page 3 25H -35 11, In the event the Project Sponsor does not sell or transfer the Property, fail to occupy, refinance, or discontinue the Project, or if the Project Sponsor is not in material breach of any other provisions of this Agreement before the end of the Term, the Project Sponsor shall have no obligation to make the repayment to City upon any later sale, transfer, refinancing or termination of occupancy on the Property. 12. Failure to exercise any right City may have or be entitled to, in the event of a default hereunder, shall not constitute a waiver of such right or of any other right in the event of a subsequent default. 13. The Project Sponsor shall defend, indemnify and hold harmless the City of Santa Ana and its officers, employees, representatives and volunteers from and against any loss, liability, claim, or judgment relating in any manner to the Property referred to in this Agreement. The Project Sponsor shall remain fully obligated for the payment of property taxes and assessments related to the Property. There shall be no reduction in taxes for Project Sponsor, nor any transfer of responsibility to City to make such payments, by virtue of the Grant. 14. This Agreement shalt be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in a Federal District Court in the Central District of California. 15. No modification, rescission, waiver, release or amendment of any provisions of this Agreement shall be made except by written agreement executed by the Project Sponsor and City. 16. In no event shall Project Sponsor assign or transfer any portion of this Agreement without the prior express written consent of City, which consent may be given or withheld in City's sole discretion. No assumption of the Grant shall be permitted at any time. 17. This Agreement constitutes the entire understanding and agreement of the parties and commemorates the agreement that was previously made between the City and Project Sponsor, This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supercedes all prior negotiations, discussions and previous agreements between the City and the Project Sponsor concerning all or any pant of the subject matter of this Agreement. Page 4 25H -36 IN WITNESS WHEREOF, City and Project Sponsor have executed this Agreement Containing Covenants. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By Lisa E. Storck Assistant City Attorney THE CITY OF SANTA ANA By: David Cavazos City Manager STRAIGHT TALK CLINIC, NC., a 501(c)3 corporation By: Shelly M. Lummus Executive Director Page S 25H -37 25H -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014-46 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1120 SOUTH BRISTOL STREET - ADAM WOOD, APPLICANT {STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -46. PLANNING COMMISSION ACTION On March 9, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -46 by a vote of 7 :0 which approved the upgrade from a Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license in order to sell beer, wine and distilled spirits for off- premise consumption at Northgate Market located at 1120 South Bristol Street in the Bristol Street Corridor Specific Plan (SP1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Northgate Market is currently operating within an existing multi- tenant commercial center located on the southwest corner of Bristol Street and McFadden Avenue. The center is approximately 9.2 acres in size, with Northgate Market occupying approximately 22,714 square feet of building area. Northgate Market is requesting approval of a Type 21 ABC license upgrade to allow the off - premise sale of beer, wine and distilled spirits as an ancillary service to the primary retail use for its customers. The supermarket is open from 6:00 a.m. to 10:00 p.m., seven days a week. No changes to the hours of operation are proposed at this time. The overall storage of alcoholic beverages consists of 192 square feet, which is approximately less than one percent of the gross floor area of the building. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2014 -46 April 7, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Vince -regoso, A Interim Executive Director Planning & Building Agency IO:rb IolReportMCU P14 -46 Nodhgate Market 21 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action - � •��t, : .� a __ •_ MARCH 9, 2015 TITLE: PUBLIC HEARING — FILED BY ADAM WOOD FOR CONDITIONAL USE PERMIT NO. 2014-46 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1120 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco Interim xec ^' e Director - - -- PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2014 -46. Request of Applicant Adam Wood, representing Northgate Market, is requesting approval of a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license for the off- premise sale of beer, wine and distilled spirits at an existing supermarket located at 1120 South Bristol Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Northgate Market is currently operating within an existing multi- tenant commercial center located on the southwest corner of Bristol Street and McFadden Avenue. The center is approximately 9.2 acres in size; Northgate Market occupies approximately 22,714 square feet of building area in the center and is centrally located on the site. The site contains 335 parking spaces. The site is surrounded by single - family residential uses to the north and south, multi- family residential uses to the west, and single- family residential to the east (Exhibits 1, 2 and 3). Proiect Description Northgate Market is requesting approval of a Type 21 ABC license upgrade to allow the off - premise sale of beer, wine and distilled spirits as an ancillary service to the primary retail use for its customers. The supermarket is open from 6:00 a.m. to 10:00 p.m., seven days a week. No changes to the hours of operation are proposed at this time. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 2 Storage and display areas for alcohol will be located in the beverage aisle and on end displays, with distilled spirits held in a locked display case located at the front of the store, and will only be accessible by the manager or designated staff members with managerial duties. The overall storage of alcoholic beverages contains approximately 192 square feet, which is approximately less than one percent of the gross floor area of the building (Exhibits 4 and b). Project Background Northgate Market has been in Southern California since 1980 and operates stores that range from local market size to units over 50,000 square feet. Moreover, Northgate Markets employ over 4,750 employees throughout Southern California. The company is open to the public and offers a full range of groceries, from produce and meats to bakery items and prepared foods. The building located at 1120 South Bristol Street has contained various supermarket tenants since 1956. In 1980, Minor Exception No. 80 -60 was approved to allow the sale of beer and wine through a Type 20 ABC License. The license has been continuously active since 1981 when Diho Market, the tenant at the time, occupied the tenant space. Northgate Market has operated out of this location since 1999. Recently, Northgate Market has been upgrading existing ABC licenses throughout their stores. By adding distilled spirits to the other items already offered In the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC): General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services such as this supermarket. The project site is consistent with this General Plan land use designation. The site is located within the Bristol Street Corridor Specific Plan (SP -1) zoning district. The SPA zoning district allows for retail and service uses such as retail and service uses, making the proposed use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 3 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use, • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use, If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. Northgate Market is requesting a conditional use permit for a Type 21 ABC license. Pursuant to SAMC Section 41- 196(c)(d), the subject site is exempt from separation requirements for off -sale establishments as the subject building contains 22,714 square feet. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the off- premise sale of alcoholic beverages (Exhibit 6), These 26 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. • The proposed ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 31A-5 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 4 The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. The proposed alcohol license will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, A full- service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining and retail destination with regional significance, Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-6 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 1120 South Bristol Street is located in Reporting District No. 225. This reporting district is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an oft -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the Mid -City Neighborhood Association and within the vicinity of the Central City and Pico - Lowell Associations. Staff contacted the presidents of the Mid -City, Central City and Pico - Lowell Neighborhood Associations; who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -121 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-7 Conditional Use Permit No. 2014 -46 March 9, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -46. r 4 . Ivan rozcn Assistant Planner I IO;jm lo1Reports=P14 -46 Northgate Market 21 AOC.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5— Floor Plan Exhibit 6— Operational Standards for Off -Sale Establishments 31A-8 Rl P1 Ri s ERI Pt R1 R R7 R3 [: Al . L Pi 1 D sr Al " : _ RD R3 R3 R3 d Rt., R1 03 -5- Win, 4 � Al i R7 RI .... -a nt ai a . Oa s R1. RT 02 s O _ III 1 Nt RI sn TTi P2 E III AT Pt .,RI sv nx R2 R2. 'P2. R2 "RT ,!q2 q2 -- P7 ft1 R7 R1 Aim I 3 N v na i AT t Rl PROJE S " „ Rl li : R7 ne �sP Ri Rl ftt RI 3 AT D m Rl R7 P7 Rl �5 to Al ur n• _ 3 R1 Al " R1 AT si R1 a Pi P7 qi RI Rl E P1 a fti € Rl � R 1 en si PI' RI E R1 fti R1 s R1 wt sc,t H RBE lit Rt RJ R7 P1 RT I STINGER V. - - +b -1 EOINGAT AR wed cs F Rl m nx nv i SD -15 Al �oTR2 C4 +RRl e Ri "os+R1 - na R1 R7 � mn T b ' 1C mu py,.,ryi 5f. R7 In1D i rnto k RI R R7 a R1 i CS a e 5 E RI AT IIY FRD Rl sr' Rt s R7 R1 Rt RT ai a At MERALA(RCULTURALi CR CCMMSVALIYDENIIAL A SNGI.EFAMILYFM0SJi1AL .S PiRUNGMODIRGAADN GG C0VEFNMEITQTRH2 R2 TWOFAMILYFHDEA'CE OEM COMMEClALSDUR'IMAIN Al UGNTINDUSTRAL FS MULRREDSVSTYMULTIR.E Ci WAMIMRYO MGKJAL M2 HEAWINDUSIRAL r MILYN DDHJCC Ci-MO COMM.COMMSi1AUMUSEWDISIRCT MO 'MIUTAWCP"MNS k3 SUWFIRANARARIMPVTS C2 GINEiALCOMMSUAL 0 OPEN ACE FE RESDWALETATE C3 CE4WLBJSNLZ P PRONESONAL SD SEOMCDaSOWENT CIA MIPALSJSNMARIIIA\A iM FC'D RANNW C ANAJNF1YDea0PMW SP S$.1RCRAN 04 RANN®410RRNCCWHR Pm RANN®Fi3DDWLQE OPMIWT C5 ARIMALOOMMEMAL CUP 2014 -46 NORTHGATE MAR.KETTYPE 21 ABC °° CIA 1120 SOUTH BRISTOL STREET — =SOD ETtT 1 "= 1000 FEPF P L A N N I N G A N D D U{ L D I N G A —GE N C Y EXHIBIT 1 VICINITY MAP 31A-9 wI cc nE J W z T MUl W n R c J r w — U D LL 0 C ti m J W Z m r� ld L I WILSHIRE F7 w w Vt O r Vt Xl m m --I I G E FAMILY E ;IE E CE AVENUE RUSSELI lommE CUP 2014 -46 NORTHGATE MARKETTYPE 21 ABC 1120 SOUTH BRISTOL STREET 1a 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 EXHIBIT 2 31A -10 SIR $I A IILYI SCHOOL SIN L '- A I LY G f -FA I Y R SIDE C [JR E I EN E McFADDEN wI cc nE J W z T MUl W n R c J r w — U D LL 0 C ti m J W Z m r� ld L I WILSHIRE F7 w w Vt O r Vt Xl m m --I I G E FAMILY E ;IE E CE AVENUE RUSSELI lommE CUP 2014 -46 NORTHGATE MARKETTYPE 21 ABC 1120 SOUTH BRISTOL STREET 1a P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -10 CUP 2014 -46 NORTHGATE MARKET TYPE 21 ABC 1120 SOUTH BRISTOL STREET 31A-1 1 1' d' F' ca z 3�N]nr Yia9rJ�ry 1 t^ � rx% ixi X R I I 9 %s�ydtpin$a' 6 %PAya i � 'r I h ' �i4�% S m b R Y� Kid ryW yyyQC"j� N 1 aFUy V m O s sF —. H h CO tw to -- to r.0 to O O 4 '1 I 4 d o I on N I ,S ind O w Ua1 d' P L h SO ~ N" ti IZ Coo 31A -12 VE:4NNI L .:: -v 43CE�FH ( t k�.° :fA iCN'I i[ 9 ty v;<ifxaus ,. aE. 'EAT ,..E _ �E1� :E o rilLFli IF I p c E E L3�fI�� ❑ t fot'Y I " lirt t Y 1 - ME Y,-` �7-1 Lp\ Mc 1 W 9 IB -B' LL1. CEFI ALE' ,IT I I�J c s; P L!- t L� I R]'l- LJ I� r� FI �-T�� -' tf, -- E E r I it i .o kA _ l EXHIBIT 5 31A -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time. All public telephones shall be located on the interior of the premises. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level; in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31A -14 11. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in prepackaged multi -unit quantities. 14, The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building and required parking 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed- access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21, Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31A-15 22. No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days, e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 26. The applicant shall be responsible for providing a shopping cart containment system. Cart corrals shall be provided throughout the parking lot for use during normal business hours. 3of3 31A -16 ROH — 03/09/15 RESOLUTION NO. 2015 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -46 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR THE PROPERTY LOCATED AT 1120 SOUTH BRISTOL 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. 2014 -46 for a Type 21 Alcoholic Beverage Control (ABC) license upgrade, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1120 South Bristol Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. C. On March 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -46. 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 for Conditional Use Permit No. 2014 -46 to allow for a Type 21 ABC license: 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 Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. Resolution No. 2015 -11 Page 1 of 4 31A -17 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 ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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 City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full - service Supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Resolution No. 2015 -11 Page 2 of 4 31A -18 Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -121 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. 2014 -46. This 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 March 9, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -11 Page 3 of 4 31A -19 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2015. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -11 Page 4 of 4 31A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015 -04 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1623 WEST SEVENTEENTH STREET - ADAM WOOD, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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. 2015 -04. PLANNING COMMISSION ACTION On March 9, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -04 by a vote of 7:0 which approved the upgrade from a Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license in order to sell beer, wine and distilled spirits for off - premise consumption at Northgate Market located at 1623 West Seventeenth Street located in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Northgate Market is currently operating within an existing multi- tenant commercial center located on the northeast corner of Seventeenth Street and College Avenue. The center is approximately 4.3 acres in size, with Northgate Market occupying 12,400 square feet of a 31,500 square foot commercial building. Northgate Market is requesting approval of a Type 21 ABC license upgrade to allow the off- premise sale of distilled spirits as an ancillary service to the primary retail use for its customers. The supermarket operates from 7:00 a.m. to 10:00 p.m., seven days a week. No changes to the hours of operation are proposed at this time. The overall storage of alcoholic beverages consists of 230 square feet, which is approximately two percent of the gross floor area of the building. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 Conditional Use Permit No. 2015 -04 April 7, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, A1CP Interim Executive Direc br Planning & Building Agency IO:rb to \Reports\CUP15 -4 Northgate Market 21 ABC= Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 9, 2015 TITLE: PUBLIC HEARING — FILED BY ADAM WOOD FOR CONDITIONAL USE PERMIT NO, 2015.04 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR NORTHGATE MARKET LOCATED AT 1623 WEST SEVENTEENTH STREET {STRATEGIC PLAN NO. 3, 2} Prepared by Ivan Orozco Interim Ex cutiv irector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager _ RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -04. Request of Applicant Adam Wood, representing Northgate Market, is requesting approval of a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer, wine and distilled spirits at an existing supermarket located at 1623 West Seventeenth Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Northgate Market is currently operating within an existing multi- tenant commercial center located on the northeast corner of Seventeenth Street and College Avenue. The center is approximately 4.3 acres in size; Northgate Market occupies 12,400 square feet of area as part of an approximately 31,500 square foot commercial building in the center. Eighty -nine parking spaces are provided directly at the front of the store. The site is surrounded by single - family residential uses to the north and south, multi - family residential uses to west, and single- family residential to the east (Exhibits 1, 2 and 3). Project Description Northgate Market is requesting approval of a Type 21 ABC licen sale of distilled spirits as an ancillary service to the primary supermarket operates from 7:00 a.m. to 10:00 p.m., seven days of operation are proposed at this time. EXHIBIT A 31 B -3 se upgrade to allow the off - premise retail use for its customers. The a week. No changes to the hours Conditional Use Permit No. 2015 -04 March 9, 2015 Page 2 Storage and display areas for alcohol will be located in the beverage cooler and on end displays, with distilled spirits held in a locked display case located at the front of the store that will only be accessible by the manager or designated staff members with managerial duties. The overall storage of alcoholic beverages contains approximately 230 square feet, which is approximately two percent of the gross floor area of the building (Exhibits 4 and 5). Project Background Northgate Market has been in Southern California since 1980 and operates stores that range from local market size to units over 50,000 square feet. Moreover, Northgate Markets employ over 4,750 employees throughout Southern California. The company is open to the public and offers a full range of groceries, from produce and meats to bakery items and prepared foods. Northgate has occupied the building located at 1623 West Seventeenth Street since 1994. The same year, Northgate Market received approval of a conditional use permit for a Type 20 ABC license to allow the off - premise sale of beer and wine. Northgate Market has recently been upgrading existing ABC licenses throughout their stores. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one - stop shopping experience. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this supermarket. The project site is consistent with this General Plan land use designation. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses, making the proposed use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established; * That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. * That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31 B -4 Conditional Use Permit No. 2015 -04 March 9, 2015 Page 3 • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Flan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. Northgate Market is requesting a conditional use permit for a Type 21 ABC license. Pursuant to SAMC Section 41- 196(c)(d), the subject site is exempt from separation requirements for off -sale establishments as the subject building contains 12,400 square feet. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the off - premise sale of alcoholic beverages (Exhibit S). These 26 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. The proposed ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general, Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. 31 B -5 Conditional Use Permit No. 2015 -04 March 9, 2015 Page 4 • The proposed alcohol license will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. • The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full - service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the ;City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. MEW Conditional Use Permit No. 2015 -04 March 9, 2015 Page 5 The project at 1623 West Seventeenth Street is located in Reporting District No. 123. This reporting district is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an off -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the Riverview Neighborhood Association and adjacent to the Artesia -filar Association. Staff contacted the presidents of the Neighborhood Associations, who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015 -16 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -04. _ c7 Ivan O zco Assistant Planner IO:jm Io\ReportMCUP15 -4 Northgate Market 21 ABC.pc 31 B -7 Conditional Use Permit No. 2015 -04 March 9, 2015 Page 6 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for Off -Sale Establishments MWOO n," R1 .. R7W_j RI u L f5� Ri Rt Ri lil r R1 R1 ~ R1 nt. RI rw R1 11 RI j RI .Rj fli a ftt ' Ri vxt -y i CS RI % ftt c R7 RP O s � ' •. , RI RI R a Rt '� 5,.. h .a Ri 3 R1 u Al R- n, RI v�* flt fll // / R RI i U J O RI R fll u- ,,. -.—,_ ^t ilm Al fxui F I. J II fl !i xE CI 1 Ci C7 J. Cz R- -II ; A R2 nl R1 I n¢ .R fl1 11Z q I a R, M e a C O aR3 =� RI n i RI v RI R1 R'1 �RRl R1 snl 1 R.1 Ri � R1 �' R7 9 P1 � qi Ri sr.l R1 Rt +� RI •o uif r7 r I R2 Ri fll xl Ri C T R1 xl Ri 'R1 Al MUALAGRCULTUFALT CR O MMMALMSOMAL R1 SNGIEFAMILYR OU L .8 FAMNOMIDIRCATION GC GOV645 mTmRlER W TAOFAMILYREODSIM GSd OOMME AL= JMFIN mi UGKNNOUSTHAL R} MULR1 OBd91YMUUIFIE CI CGIMMUNITYO]MMUML M2 HFAWINDUSMAL FAMILYRSOENCE CUMD CCIMM. OOMMUGAUMUSSIM DISIRCF MO MIUTAR(OPERARONS R1 SIUJRANAFARWMTS C2 CENMALMMMEMAL 0 OPd SACE m RDOENIALMATE Q CHJ7IALW9NMS P FRORESSOWIL w Sla)MCDEVELOFMaNT C A CD RALMNORARRSFMLLAGE pm RANN® COMMUNITY DMOFMENT S° 5-MM FLAN C4 ft NNM51 NGMlM PFO RANNE)ROORnALDEVS.OFMBJT CA ARRRALCCMMERGAL CUP 2015 -4 �• NORTHGATE MARKETTYPE 21 ABC c 1623 WEST SEVENTEENTH STREET c =500 FEET ,=,ODDF>FF 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 EXHIBIT 1 31 B -9 17TH STREET COPM�RCI� L SANTA ANA COLLEGE CUP 2015 -4 NORTHGATE MARKETTYPE 21 ABC (& 1623 WEST SEVENTEENTH 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 EXHIBIT2 31 B -10 CUP 2015 -4 NORTHGATE MARKET TYPE 21 ABC 1623 WEST 17th STREET EXHIBIT 3 31 B -11 4097.0 Vol, V Olu" 0 , A` W.49 MI Z OIG 9lV9W.L9ON EXHIBIT 4 21B.12 � \� /\ � 2 � � " � \ § ' \� I k, _ ^ ^� ^� ^� ~` �\ / anNDAV 9921100 EXHIBIT 4 21B.12 ' � h RM r _ �° ®. I : -4 i •-" �;`� �-- 4 . }_. -_ I i If �L 11 -,�.. � - UIIIII➢ _M Distilled Spirits EXHIBIT 5 31 B -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2 The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC') section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31B-14 11. If there is a marked or noticeable increase in the number of police- related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide statedicensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit, 15. Existing building and required parking 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31 B -15 22. No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area.. c) A color camera recorder capable of recording events on all cameras simultaneously: d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 26. The applicant shall be responsible for providing a shopping cart containment system. Cart corrals shall be provided throughout the parking lot for use during normal business hours. 3of3 31 B -16 ROH — 03/09/15 RESOLUTION NO. 2015 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -04 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE FOR THE PROPERTY LOCATED AT 1623 WEST SEVENTEENTH 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. 2015 -04 for a Type 21 Alcoholic Beverage Control (ABC) license upgrade, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1623 West Seventeenth Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. C. On March 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -04. 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 for Conditional Use Permit No. 2015 -04 to allow for a Type 21 ABC license: 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 Type 21 Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to the other items already offered in the store, Northgate can better serve the community by providing added convenience and a one -stop shopping experience. Resolution No. 2015 -12 Page 1 of 4 31 B -17 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 ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Northgate is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Northgate to remain competitive with similar uses in the area which offer distilled spirits sales as part of their retail operations. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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 City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those to the shopping center, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element Resolution No. 2015 -12 Page 2 of 4 31 B -18 promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Northgate Market is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015 -16 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. 2015 -04. This 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 March 9, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -12 Page 3 of 4 31 B -19 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -20 Resolution No. 2015 -12 Page 4 of 4 REQUEST FOR � COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015-01 TO ALLOW A CAR WASH AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR A REDUCTION IN FRONT -YARD SETBACKS AND REQUIRED PARKING AT SOUTH COAST SPEEDWASH LOCATED AT 2402 SOUTH BRISTOL STREET - PEDRAM FARARO /OY (STRATEGIC PLAN NO. 3, 2) CITY MANAdtR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Aar Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -01 as conditioned, Variance No. 2015 -01 as conditioned, and Variance No. 2015 -02 as conditioned. PLANNING COMMISSION ACTION On March 9, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -01 as conditioned to allow a car wash, Variance No. 2015 -01 as conditioned and Variance No. 2015 -02 as conditioned to allow a reduction in required front -yard setback as well as a reduction in the number of required parking spaces by a vote of 7:0 at 2402 South Bristol Street located in the General Commercial (C2) zoning district. The Planning Commission added a condition to require construction of a new ten -foot high block wall along the entire length of the western property line of the project site (Exhibit A). DISCUSSION The project consists of the demolition of an existing 5,410 square foot car wash and construction of a new car wash and commercial development on a 2.71 -acre project site. The development proposes a "flex service" car wash building, with washing, drying, and detailing facilities, as well as an administration office building and a commercial building with retail and dining options. Other minor structures on the site will include a trash enclosure and vacuum equipment building. The proposed hours of operation for the car wash and administrative offices are from 6:00 a,m. to 9 :00 p.m., seven days per week. In response to public comments, the Planning Commission added a condition of approval to require a ten -foot high block wall along the westerly property line. The wall must be designed to incorporate a 12 -inch base as an additional safety measure for the residents to the west. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 C -1 Conditional Use Permit No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 April 7, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Objective No. 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Freg A�sso, A P Interim Execu"five Director Planning & Building Agency AP:rb ap \reports\Staff Reports for PCICUPI5 -1 VA15-1&2 South Coast Speedwash.00 Exhibit: A. Planning Commission Staff Report 31 C -2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 9, 2015 TITLE: PUBLIC HEARING — FILED BY PEDRAM FARAROOY FOR CONDITIONAL USE PERMIT NO. 2015 -01 TO ALLOW A CAR WASH AND VARIANCE NOS. 2015.01 AND 2015 -02 FOR A REDUCTION IN FRONT -YARD SETBACKS AND REQUIRED PARKING AT SOUTH COAST SPEEDWASH LOCATED AT 2402 SOUTH BRISTOL STREET (STRATEGIC PLAN NO. 3,2) Prepared by _AII Pezeshkour Interim = xeeutiv Director RECOMMENDED ACTIONS PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended 0 Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2015 -01 as conditioned. 2. Adopt a resolution approving Variance No. 2015 -01 as conditioned. 3. Adopt a resolution approving Variance No. 2015 -02 as conditioned. Request of Applicant Pedram Fararooy, representing Bristol Speedwash Inc., is requesting approval of a conditional use permit (CUP) to allow a car wash at the South Coast Speedwash at the Autobahn, located at 2402 South Bristol Street. Car washes in the General Commercial (C-2) zoning district require approval of a CUP pursuant to Section 41- 377.5(b) of the Santa Ana Municipal Code (SAMC). In addition, the applicant is requesting approval of respective variances from SAMC Section 41 -368 to allow a reduction in required front -yard setbacks and from SAMC Sections 41 -1340 and 41 -1341 to allow a reduction in the number of required parking spaces. Project Location and Site Description Bristol Speedwash currently occupies a 5,410- square foot structure on a 2.71 -acre site along Bristol Street between Warner and Central Avenues. Although the project site is comprised of one legal lot, at present only half of the 2.71 -acre site is developed. The rear half remains vacant and is slated for Improvement as part of the proposed project. Surrounding land uses include commercial and multiple- family residential uses to the north and south, commercial uses to the east across Bristol Street, and single - family residential uses to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 C -3 CUP No, 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Page 2 Project Description The project consists of the demolition of an existing 5,410 square foot car wash and construction of a mixed -use car wash and commercial development on a 2.71 -acre project site, The development proposes a "flex service' car wash building, with washing, drying, and detailing facilities, as well as an administration office building and a commercial building with retail and dining options. Other minor structures on the site will include a trash enclosure and vacuum equipment building. The proposed hours of operation for the car wash and administrative offices are from 6.00 a.m. to 9:00 p.m., seven days per week. Structures Upon the existing car wash's demolition, the applicant proposes to construct a mixed -use car wash and commercial development. The centerpiece of the proposed project is a 21,768- square foot full - service indoor car wash building, The car wash building will contain two self- service lanes for patrons to wash their vehicles and an additional two lanes for automated drying. Additional square footage inside the building will be allocated to parking spaces for hand -drying and detailing of vehicles for patrons who purchase those services. In addition to the car wash building, the applicant proposes to construct an 8,183 - square foot commercial building consisting of 4,883 square feet of retail space and 3,300 square feet of space for a future eating establishment. An outdoor dining area is also proposed adjacent to the eating establishment, with seating on the north and east sides of the building providing views onto Bristol Street. Finally, the applicant proposes to construct a two -story operations building consisting of 2,885 square fleet on the ground floor and 1,500 on the second floor for a total of 4,385 square feet. This building will contain storage, office, and waiting areas for patrons on the ground floor and administrative offices and a conference room on the second floor. Other proposed accessory structures on the site include an enclosed vacuum equipment building and a 388 - square foot trash enclosure. All structures on site are proposed to contain cutting -edge, durable building materials to enhance the proposed contemporary architectural style of the site (Exhibits 4 and 5). Site Access and Parking Access to the site will be provided from a single driveway on Bristol Street. Once on site, visitors and employees will have access to 53 parking spaces. Patrons for the car wash may continue straight through the commercial parking areas to a queuing lane to purchase various wash services. Once complete with their wash, patrons may continue to a self- service vacuuming and drying area that will contain 34 self -serve vacuum spaces. Patrons may also proceed to an interior automated drying and detailing area. Finally, the applicant proposes to provide 15 on -site bicycle parking spaces (Exhibit 6). 31 C -4 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Page 3 Site Improvements and Landscaoin The applicant proposes to enhance the overall project site with new walls, sidewalks, a new street light, and on- and off -site landscaping. As part of the project, the applicant will remove the existing narrow sidewalk to accommodate new curbs and a wider sidewalk with street tree boxes. Moreover, a new street light will be installed per City standards to the south of the proposed driveway, assisting with the safety of pedestrians, cyclists, and motorists in evening hours. These improvements will be consistent with existing development patterns on South Bristol Street. The applicant proposes to leave intact the existing perimeter walls on the project site. These walls currently range from eight to ten feet in height along the project site's property lines where they abut residential uses, and will serve to buffer adjacent single- or multiple - family uses from the car wash stacking lanes and vacuum areas. In addition, the applicant proposes to construct a new eight -foot tall solid wall along the project site's northern boundary with the existing commercial use to the north to provide visual screening of the vacuum areas from Bristol Street, Finally, an enhanced landscaping plan with a decorative water feature is proposed for the site. A 47 -foot wide, four -foot tall water feature is proposed along the project frontage on Bristol Street. The water feature will be constructed using materials that will match the buildings on site and will assist with screening the vehicular lanes of the car wash building near Bristol Street (Exhibit 7). Protect Background The existing car wash building on the project site was constructed in 1970. In 1991, the owners of the site carried out various improvements on the site to upgrade the aesthetics of the building, including a reroof and architectural upgrades. From its original construction to present, the car wash use has occupied only a portion of the subject parcel. The proposed development will expand development onto the entire parcel. In April 2011, the applicant acquired the site, and in September 2012 submitted the current application. Since receiving the initial project application, city staff has worked closely with the applicant to improve on -site circulation and to mitigate any potential negative impacts on sensitive adjacent uses stemming from traffic or noise. South Coast Speedwash at the Autobahn is the applicant's latest venture in car wash construction and is the first proposed Orange County location for the parent company. The company currently operates a similar full- service car wash in the High Desert. community of Victorville. Although modeled after a loose interpretation of the automobile- oriented Googie architectural style, the Victorville Speedwash contains similar high - quality, durable building materials. The applicants intend to construct a similar product in Santa Ana, albeit with more contemporary building materials and styles. 31 C -5 CUP No. 2015 -01 Variance Nos. 2015 -01 &2015 -02 March 9, 2015 Page 4 General Plan and Zonina Consistency The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for commercial and service uses such as car washes, making the proposed use consistent with the zoning designation. Protect Analysis The project proposes to demolish an existing car wash and construct a mixed -use car wash and commercial development on a 2.71 -acre parcel. As proposed, the project will require approval of a CUP to allow a car wash in the C -2 zoning district, and variances from required front -yard setbacks and parking. CUP No. 2015 -01 (Car Wash Use) Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. 31 C -6 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 5, 2015 Page 5 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing this conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The C2 (General Commercial) zoning designation allows car wash facilities subject to the approval of a CUP per Section 41- 377.5(b) of the SAMC, The CUP requirement allows staff and decisional bodies to review each project on an individual basis to determine compatibility with the surrounding area and apply appropriate conditions to ensure the proposed business will not negatively affect the surrounding properties or community. The proposed car wash facility will provide a service to the community. The proposed South Coast Speedwash mixed -use commercial development will support the adjacent commercial and residential uses in the area. This will thereby benefit the community by providing a convenient car wash service with easy access from a major arterial street. Moreover, the project will provide several retail and restaurant tenant spaces that will serve the adjacent communities. The automatic car wash service will provide a convenient option for car wash patrons, and the proposed architecture will enhance the aesthetics of the Bristol Street corridor. The proposed car wash facility will not be detrimental to persons residing or working in the vicinity because the car wash has been designed to minimize potential impacts to vehicles travelling on Bristol Street. The internal stacking area is designed to be at the rear of the project site, away from Bristol Street, and will be separated from the single - family residential uses by existing eight- to ten -foot tall block walls. Additionally, conditions of approval have been incorporated to mitigate potential adverse impacts from occurring on the premises. The proposed use will not adversely affect the economic stability of the area, but will identify the site as viable location to operate a business. The construction of a high - quality project using contemporary architecture and durable building materials in conjunction with the on and off -site improvements will enhance the economic viability of the area, specifically the Bristol Street corridor. The project's parent company was originally established in the City of Victorviile and has been proven to be a viable and successful business. The proposed project will be the company's second location in the Southern California region, The proposed car wash facility will provide an affordable and convenient car wash service, as well as commercial spaces, to attract patrons to benefit the economic stability of the area. 31 C -7 CUP No. 2015-01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Page 6 • The proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code. Site improvements are proposed to bring the site into compliance with the zoning code. Landscaping setbacks and on -site landscaping will be provided according to the current standards. Finally, on -.site improvements will be made to ensure the facility complies with local, regional and federal water quality standards. • The proposed use will not adversely affect the General Plan. Land Use Element Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Urban Design Element Policy 1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the design of all projects. The proposed mixed -use car wash and commercial building will be consistent with each of these General Plan policies. Variance No. 2015-01 (Front-Yard Setbacks Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The applicant is requesting approval of a variance to allow a reduction in required front -yard setbacks. The existing site contains a total of 2.71 acres and maintains approximately 325 feet of street frontage on South Bristol Street. Although the site is designed to conform to current SAMC front -yard setback standards, the City intends to widen a portion of Bristol Street south of Warner Avenue. This widening will require the property owner to dedicate 10 feet of property to the City. Although the project proposes a 22 -foot front -yard setback between the current public right -of -way 31 C -8 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Page 7 and edge of the first drive aisle, the front -yard setback will be reduced to 12 feet after the widening, which is less than the 15 feet required by SAMC Section 41 -368. As a result, special circumstances exist with respect to future setbacks and have created a situation where the property has remained partially vacant and underutilized, Staff recommends approval of the variance from the minimum front -yard setbacks based on the following facts and findings: The project site has a special circumstance related to its location on a major arterial that is planned for future widening. The widening of Bristol - Street in the area creates a special circumstance applicable to the property, as the applicant will be unable to maintain the required front -yard setback once the widening is complete. The project is being designed to provide a generous front -yard setback before the widening, and will enhance front -yard landscaping to assist with screening of the building and drive aisles once the street widening is complete. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a commercially zoned property to the greatest extent possible. The variance will allow the applicant the ability to Construct and operate a significant mixed -use car wash and commercial development on a site that is currently underdeveloped. The granting of the variance will not be detrimental to the public or surrounding properties. The project fully complies with all other required building setbacks, minimum lot size, and minimum street frontage.. Additionally, conditions have been placed on the project to ensure that the site will remain in compliance with all other development standards applicable to the property. Finally, the project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed mixed -use car wash and commercial development that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Coast Speedwash project will include significant new construction and tenant improvements to a site that has remained underutilized since the original car wash was developed on the site. Finally, Policy 5,5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The South Coast Speedwash project will be located on one of the City's most significant commercial corridor and conditions of approval will ensure that its operations will be compatible with the surrounding community. 31 C -9 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02. March 9, 2015 Page 8 Variance No. 2015 -02 (Parkin In addition to CUP No. 2015 -01 and Variance No. 2015 -01, the applicant is requesting approval of a second variance to allow a reduction in required parking. The proposed mixed -use car wash and commercial development will contain 21,768 square feet of car wash building area, 4,883 square feet of retail space, and 3,300 square feet of restaurant area. The proposed development creates an opportunity to share parking among the uses. Per SAMC Section 41 -1355, the proposed full- service car wash requires five parking spaces, an area equivalent to 20 parking spaces for drying, and a minimum 120 feet of stacking. The project meets this SAMC requirement due to the abundance of vehicle stacking and interior drying areas that are proposed, Although the Parking Demand Analysis submitted by the applicant includes requirements for the administration building, administrative offices that serve the primary use are not required to provide dedicated parking spaces. In addition to the car wash and administration building's five parking spaces, the proposed project requires 24 spaces for the retail area (one space per 200 gross square feet) and 33 spaces for the restaurant area (one space per 100 gross square feet). Based on a strict application of the SAMC parking requirements, the proposed project would need to provide 62 spaces, while 53 are proposed. The resulting difference is 15 percent less than the required parking. To analyze whether the proposed parking could accommodate the use, and therefore substantiate the variance request, the applicant hired the traffic engineering firm of Linscott, Law & Greenspan Engineers (LLC) to provide an alternative parking standard for the development and to prepare a shared parking analysis for the site, The parking study, using procedures developed by the Urban Land Institute (ULI) for shared parking, analyzed impacts on large shopping center parking lots that are shared by multiple land uses such as the proposed development. The study also surveyed other similar developments and the actual parking demand for mixed -use car wash and commercial developments in an effort to provide a realistic parking demand for the uses on the project site. The parking study was intended to provide an analysis of the demand for parking based on the different activity patterns of the development. In addition, it was intended to review the City's parking requirement for mixed -use developments and propose an alternative standard based on other generation factors and actual usage. Although the ULI parking ratios closely match the SAMC's parking requirements for retail and restaurant uses, the analysis shows that differences between peak usage times, as well as the abundance of transit options in the area, create an opportunity for shared parking. The analysis indicates that peak retail usage occurs between 1:00 and 2:00 p.m. on weekdays and 2:00 and 4:00 p.m. on weekends, while the peak restaurant usage 31 C -10 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Rage 9 occurs between 7:00 and 10:00 p.m. on weekdays and 8:00 and 9:00 p.m. on weekends. Moreover, a conservative 10 percent reduction in parking was also utilized to account for alternative methods of travel, such as transit, bicycle, ridesharing, or pedestrian modes. Based on the parking study, the proposed shared parking condition will result in a surplus of four spaces during peak usage times (Exhibit 8). In analyzing the variance request, staff believes that the following findings of fact warrant approval of the variance: The project site has a special circumstance related to its location and surroundings. The proposed use will be located on a parcel that is surrounded by commercial uses and transportation corridors. Due to its location and the mixed -use nature of the proposed development, there are multiple opportunities to share parking or use alternative travel modes, such as ridesharing, transit; cycling, or walking. Moreover, patrons of the car wash or commercial portion will have the opportunity to walk among the various uses on site, reducing the overall parking demand. The number of on -site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of parking spaces will be provided for the project, even during times of peak demand. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to develop an underutilized property with a mixed -use development that will contribute to identifying the site as an economically viable development, The property that is the subject of this application has remained underdeveloped since it was originally built 45 years ago. The granting of the variance will allow new types of commercial uses to establish on the existing property, contributing to the overall success of the project and the Bristol Street commercial corridor as a whole. The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours on both weekdays and weekends. Therefore; the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the granting of the variance will allow the property owner to develop a long - underutilized site, contributing to the vitality and success of the Bristol Street commercial corridor. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 31 C -11 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March g, 2015 Page 10 Finally, the project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed mixed -use car wash and commercial development that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Coast Speedwash project will include significant new construction and tenant improvements to a site that has remained underutilized since the original car wash was developed on the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The South Coast Speedwash project will be located on one of the City's most significant commercial corridor and conditions of approval will ensure that its operations will be compatible with the surrounding community. Public Notification The project is located within the boundaries of the Thornton Park Neighborhood Association. Staff contacted the presidents of the Thornton Park and the nearby Sunwood Central and Rosewood Baker Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. The presidents did not identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15332. The Class 32 exemption allows in -fill development if such development meets five distinct conditions: The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; • The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; + The project site has no value as habitat for endangered, rare or threatened species; 31 C -12 CUP No. 2015 -01 Variance Nos. 2015 -01 & 2015 -02 March 9, 2015 Page 11 • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and • The site can be adequately served by all required utilities and public services. The first Class 32 exemption condition requires that the project site be consistent with applicable general plan designations and policies, as well as with the zoning designation. As described earlier in this report, the project is located within an area designated by the Land Use Element of the General Plan for commercial uses. Moreover, the project is located within a zoning district that allows such uses subject to approval of a CUP. Secondly, the project site is required to be within city limits and no more than five acres; the proposed project will be developed on a 2.71 -acre parcel. The third condition requires that the project have no value as habitat for endangered, rare or threatened species, none of which has been identified on the parcel. The fourth Class 32 exemption condition requires that approval of the project would not result in significant effects relating to traffic, noise, air quality, or water quality. Early traffic impact analyses showed that with proper site design, signage, and the installation of a new street light, any significant traffic impacts could be addressed. A separate noise study indicated that the existing block walls, in tandem with the SAMC's requirements for screening of mechanical equipment, would address any noise concerns on the project site. Further, water quality concerns were reviewed by the Public Works Agency. Any concerns could be addressed through a combination of City and State water detention and runoff policies. Finally, the project site meets the requirements of the fifth condition in that the proposed development is within an urbanized area and can be adequately served by all required utilities and public services. Based on this analysis, staff finds that the project, as proposed, is exempt from further environmental review. Categorical Exemption Environmental Review No. 2012 -70 will be filed for this project. Strategic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 C -13 CUP No. 2015 -01 Variance Nos, 2015 -01 & 2015 -02 March 9, 2015 Page 12 Conclusion Fused on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02 as conditioned. Ali Pezeshkpour Assistant Planner I AP:jm ap\reporW \S tai Reports for PCICUP15 -1 VA15 -182 South Coast Speadwash.po Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — On -Site Circulation Plan Exhibit 7 — Landscape Plan Exhibit 8 — Parking Demand Analysis 31C-14 'A4Irs - -- WARNER AVE. JR1 Rl C2 BI R1 R1 Rl Rl Rl 91 R1 Rl >� C4 ( RZ -PRD.� PM JEC' ITER "I 113 i U R1 C2 113 �Ri 013 fl3 mY R1 RI R1 s Rl § Rl $Rlg C4 a R7 R1 R7 - - -�. 11FMW:KWM 5-G -1RCA4 PV. Rl Rl Rl RI m A to a AV. 125- BI C1 C2 Rl s R1 R1 I J 3 C2 a, D nr K 1 U'Ci � O R1 m ,� Rt -PAL 1 wH R1 Cl y 'mss 8 M1 Ri M1 Ml .,. I Al ODJDWLAGHWI.NRALt m CMIMFQALF DWIAL RI MGIEFAM ".LYI DFMiAL -B DkWNGM0DIFlM0N CO GOMHdvMMURTIH2 w MOFAMILYF6gMa M COMMOMLSOMMAIN MI UGHTINDLONAL M MULAPLEDDOTYMULPLE CI WMMUNRYCOMMUML N12 MI VYINDUDIRAL RAMILY�Dmm CI -MD MOM1. COMMOUAUMLMMUNRCr MO MILIIARlORE}'MONS PA 9lBll NAFARIMENTS C2 GEMH LODMMFMAL 0 OP949*m F»OMAL61A(E C3 CD ML9MNn P PFCFEESMAI. SJ SIMFICOEELOFMEW UA CDJIRALBUSNESSMITMLIAGE FCO P. ANNM0WMUM1YDWa0FMEM 3' 9 RCFWN OI RANNEDSiOMMINO FFO R NNFD�ODJ M.DEELOFMr CS ARIERALCOMMMAL � ; CUP 2015 -1 /VA 2015 -1 & 2015 -2 SOUTH COAST SPEEDWASH All 2402 SOUTH BRISTOL STREET - - = saa r -dr ' P =1000 FEET P L A N K I N G A N D 6 U I L D I N G A G E N C Y EXHIBIT 1 31 C -15 on N vt le COMMERCIAL. C O M M E R C I A L C O M M E R I C I A L AVE. C O M M E R C I A L CUP 2015 -1 / VA 2015 -1 & 2015 -2 ,(& SOUTH COAST SPEEDWASH 2402 SOUTH BRISTOL 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 EXHIBIT 2 31 C -16 CUP 2015 -1f VA 2015 -1 & 2015 -2 SOUTH COAST SPEEDWASH 2402 SOUTH BRISTOL STREET SITE PHOTO EXHIBIT 3 31 C -17 J � l /r 7 g i a � p�5 a �_ Q _ a DECY .nr ..nr...na. YVi VSVfPP.R P.S Rfl kPR R.�.p PF san x IMUS 101SWU H1116S 0 El O Q i, 04 Q Q Q a R IR vQi 4 I I V a� O 2 W LUU7 W CL UD Q l� L/ F- O +0) O r g a w m 3 s � I 4� � g viii w� p lgqit Bt C A . dq `s ?i pryw ]5P >_ I Y■ I 1 1 I ■ I • I i a c z �� � t 1 I If� 1 i' F y •I r p 86 � {\ \ \ }\ / Page e, ✓ � ( / (\ ƒ .31 C-20- �..... $ § .)\ \�\ )\ !| 2U (\ ((k (uj (�_` � k� /� \ 0 ( / (\ ƒ .31 C-20- �..... $ § .)\ \�\ I F Z s 4 Y ggr a $r a @P. 4 gg�y* g3c Yf 5 3 a I 2 z 0 z w W LJ v` r F 2 ee a r r ¢r �u b s be d x Y v Kd_ S W � O R W WF EllNtr � �Ss Page 3 of 4 31 C -21 rr r �Y a z 0 W F �e is O >Q> W W IZ- Kp otr m, *� y mQ oz O Q d LU W rL C) H O CD 0 Cl) v� 3= ►7 d c} '0o z 4° EV I n) � g Page y, .... 3 VC,2 | | - w� . 0 ww.. § � \ ay\ \ | | - w� . 0 ww.. § � \ i •- B �w g U e t a S\ 5 = aq w B � g i •- EXHIBIT 6 31 C -23 Ulw Lei Loi gZ mF Z� �z �Z O 0 u u 0 5 � U K U W 54 r M N Qa d t B �w U t a S\ ORMS 101SIUS H1f10S EXHIBIT 6 31 C -23 Ulw Lei Loi gZ mF Z� �z �Z O 0 u u 0 5 � U K U W 54 r M N Qa d t i N3 05 €5dppp}}54531Q31`q 1# Ip88y� _y p•3®1 q s5s i�6'r #pp S 33 s9 �. s €( 111 $ Q F pp W 5� O ._ a? QW i K t ll: 31 C -24 7 Qa w) D 0 �L m a E) o } Ak a "4t's tq .q i se PARKING DEMAND ANALYSIS SOUTH COAST SPEEDWASH Santa Ana, California January 29, 2015 Engineers & Planners Traffic Transportation Parking 31 C -25 January 29, 201$ Engineers & Matters Traffic Transportation iVh. Pedram Fararooy parking Mr. Fred Simab Bristol. Speedwash, Inc. tinsaett. taw& 10801 National Boulevard, 320 Yonkers Avenue Greenspan, Eagiaeors Yonkers, New York 10701 2 emcative circ la Seine 250 LLG Reference No. 2.14.3550.1 Wine, CA 62614 949.825.6175 t .946.825.6173 r Subject: Parking Demand Analysis for South Coast Speedwash w Jkianginears.cam Santa Ana, California Dear Mr. Fararooy and Mr. Simab: [wine San Diego As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Woodland digs Parking Demand Analysis associated with the proposed South Coast Speedwash Project (hereinafter referred to as Project). The Project site is located at 2402 South Bristol Street in the City of Santa Ana, California. The Project is proposing to demolish the existing car wash and reconstruct a new car wash facility and supporting administrative facilities with 26,153 square -feet (SF) of floor area, and a mixed -use retail /restaurant building with a total floor area of 8,1.75 SF. Pursuant to the City of Santa Ana requirements, a parking study is required for the proposed Project, with a focus on the mixed -use retail /restaurant component of the Project. The parking analysis evaluates the Project's parking requirements based on the City of Santa Ana Municipal Code as well as the methodology outlined in the Urban Land Institute's (ULI) Shirred Par/dng, 2 "`t Edilion. The study focuses on the following: • Calculates the Code -based parking requirements for the Project on the application of City Code parking ratios • Estimates parking demand through the application of the Shared Parking concept Philip M. b,saun, PC iqn zopr Jack Nl. 6i'uhw,span, PE mn • Compares the estimated shared parking demand against the proposed panting walmmA I m,Pe,�«, supply, in order to identify any potential, operational surplus or deficiency in Pa mw ev4ka „oo,Pe parking spaces Jol... P KI,u.Iu n, PP U,i,,II .9. Sheminr P% Our method of analysis, findings, and recommendations are detailed in the following Jnnri a Bowel.n, Pe sections of this report. Briefly, we find the following: darn N_tank Jaanei, Pe Bid,wd6 Banonu PE Kaa U Mabeliy. PE 31 C -26 Bristol. Speedwash, hie. January 29, 2015 Page 2 PROJECT LOCATION AND DESCRIPTION The Project site is located at 2402 South Bristol Street in the City of Santa Ana, California. Figure 1 -1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Approximately half of the Project site is developed with Bristol Speedwash, with the other half currently vacant. Bristol Speedwash is an existing car wash facility that provides various car wash and auto detail set-vices. Existing vehicular access to the Project site is provided via a firll access driveway located along Bristol Street, Figure 2 -1 presents an aerial, depiction of the existing site. Table I summarizes the proposed Project development totals for the site. The Project is proposing to demolish the existing car wash and reconstruct a new 21,768 SF "full - service" car wash facility and a 4,385 SF administration building for a total floor area of 26,153 SF. The car wash facility with provide two "self- serve" car wash tunnels, and two "full- service" trinnels that provides the customer with an option of detail/hand wash service not provided in the "self-serve" car wash tunncl, a detail showroom with eight (8) detailing stations, one (1) hand wash station, three (3) customer pick -up spaces, and 34 vacuum stations, of which eight (8) would serve a flex employee packing spaces when not in use. In addition, Project includes the construction of a single story 8,175 SF building that consists of 4,875 SF of retail services and 3,300 SF of food services. The proposed Project is expected to be open by the Year 2016 and a total of provide 53 parking spaces, of which 44 spaces are provided for the retail and restaurant uses and nine (9) spaces are provided for the administrative offices of the South Coast Speedwasb. In addition, a total of 15 bicycle parking spaces will be provided. Figure 2 -2 presents the site plan for the proposed Project prepared by RRM Design Group. Site Access Primary vehicular access to the project site will continue to be provided via one fill access driveway located along Bristol Street. Lett -tuna ingress and left -turn egress to and from the site is facilitated via a two-way left -trim lanc on Bristol Street. Upon implementation of the proposed Project, left -turn egress from the project site will be restricted at the Project driveway, consistent with the requirements of the City of Santa Ana. The Project will install the appropriate pavement legends and regulatory signs at the site driveway per the. requirements of the City. 31 C -27 Bristol Speedwash, Inc. January 29, 2015 Page 3 PARKING SUPPLY- DEMAND ANALYSIS This parking analysis for the retail/restaurant component of the proposed Project involves determining the expected parking needs, based on the size and type of proposed development components, versus the panting supply, For this parking analysis, two methods were used to estimate the peak parking demands of the proposed Project. These methods include: • Application of City code requirements (which typically treat each use of the Project as a "stand alone" use at maximum demand); • Application of shared parking usage patterns by time -of -day to applicable City code parking ratios (which recognizes that the parking demand for each land use component varies by time of day, day of week, and /or month of year). The shared parking methodology is concluded to be applicable to a development such as the retail /restaurant component of the South Coast Speedwash because the individual land use types (i.e., retail, eating establishments, etc.) experience peak demands at different times of the day. Similar Mixed -Use Development Projects Similar type mixed -use projects, which include a carwash within a mixed -use setting, include Hesperia Speedwash, II2go Express Car Wash in Westminster and Iluntington Beach, and a Fast5xpress Car Wash in Monrovia. The Hesperia Speedwash is a similar project to that of the Project now under construction. The Hesperia Speedwash is a new car wash facility with a total building floor area of 9,500 SF. The car wash facility with provide two "self-serve" car wash tunnels and 25 vacuum stations/ parking spaces, 2 additional accessible parking spaces and one loading space. The Hesperia Speedwash is located within the Walivart Supercenter in Hesperia. The Wahnart Supercenter has a total floor area of approximately 190,000 SF and a total parking supply of 847 spaces, of which six (6) are to be shared with the Hesperia Speedwash. Future development at the Walinart Supercenter on the "out parcels" include a mixture of retail and restaurant uses. The Walmart Supercemer is located south of Main Street and east of Escondido Avenue. H2go Express Car Wash has two similar projects, both of which are located within a mixed use setting. The H2go Express Westminster is located at 6491 Westminster Avenue within Westminster Square, an existing retail commercial center with a total floor area of 92,651 SF, inclusive of the car wash and a mixture of retail, restaurant 31 C -28 Bristol Speedwash, Inc. aanuary29, 201.5 Page 4 and entertainment (bowling alley) uses. and a shared parking supply of roughly 450 spaces. 112go Express Westminster is approximately 2,340 SF with one automated car wash tunnel and a parking supply of 23 vacuum stations /parking spaces. 112go Express Huntington Beach is located at 7351 Edinger Avenue on the northwest corner of Edinger Avenue and Gothard Street. Based on information provided by the City, the existing car wash include a 3,200 SF car wash building, a 750 SF convenience store and a restaurant with 2,650 SF of floor area and 400 SF of outdoor during. Parking for this mixed -use development is provided by a shared parking supply of 43 parking spaces, ].it addition, Fa8t5xpress Car Wash is another similar development with five locations with the Monrovia location located within a mixed -use setting. Fast5xpress Car Wash Monrovia is located at 935 Huntington Drive adjacent to an existing Del Taco fast - food restaurant. Fast5xpress Monrovia has a building area of 3,584 SF with one automated car wash tunnel and a parking supply of 24 vacuum stations /parking spaces. The existing Del Taco fast -food restaurant has a floor area of 2,373 SF and a parking supply of 24 spaces. CITY CODE PARKING ANALYSIS The parking analysis for the proposed Project was initially calculated by using the parking codes in the City of Santa Ana Municipal Code and comparing it to the proposed parking supply. As noted earlier, Project include a full - service car wash, an administration/operations building with a total floor area of 4,385 SF, and a mixed - use building with 4,875 SF of retail space and 3,300 ST of food service /restaurant space. Proposed Parking Supply Based on information provided on the proposed Project site plan, a total of 34 spaces will be provided for car wash, 9 spaces for the office /operations building and 8 bicycle spaces: Eleven (11) additional spaces are provided within the detail showroom area. For mixed -use building, a total of 44 parking spaces and 5 bicycle parking spaces will be provided for the retail and food service uses. City Code Parking Ratios To determine the number of parking spaces required for the proposed Project, the parking codes per Cha17ter 41, ,Irticle XP — Off - Street Parldng from the Santa Ana Municipal Code were utilized. The City's panting code specifies the following parking ratios: 31 C -29 Bristol Speedwash„ Inc. January 29, 2015 Page 5 ❑ Car Mashes: the nunirntun off - street parking requirements for full - service car washes are as follows live (5) spaces. Full- service car washes shall also provide the following: o (1) A drying area equal to at least twenty (20) parking spaces. o (2) A vehicular approach lane at least one hundred twenty (120) feet in length. o (3) An area for vehicles of at least ten (1.0) feet by twenty (20) feet adjacent to each air:, water, vacuum and telephone facility. u Office: three (3) spaces per 1,000 square -feet (SF) of gross floor area (GFA) ❑ Retail stores and service uses. five (5) spaces per 1,000 SF of GFA. ❑ Restaurant, cufe, etc: ten (10) spaces per 1,000 SF of GFA. Relative to the bicycle parking requirements for the retail /restaurant component of the proposed Project, Section 41 -13071 Bicycle Par°ldng Spaces from the Santa Ana Municipal Code indicates the following requirements: ❑ Retail and service commercial development. five percent of the required automobile parking shall be bicycle parking, but not less than four (4) bicycle spaces. The City parking codes were applied to the proposed development. Table 2 summarizes the parking requirements for the proposed Project. As shown, direct application of the City's code to the carwash component of the project results in a parking requirement of 38 spaces, consisting of 25 spaces for the car wash and 13 spaces for the achninistration/operations building. When compared to the planned parking supply, the office /administration building will be deficient by font` (4) spaces, whereas the car wash would have a surplus of 9 spaces, which would increase to a surplus of 20 spaces if the11 spaces in the detail showroom are included. It should be noted that over 200 feet of stacking storage is provided for vehicles to queue prior to entering the car wash pay station. For the mixed -use building, this component of the Project has a code - parking requirement of 57 parking spaces, consisting of 24 spaces for the retail space and 33 spaces for the restaurant use. With a proposed on -site parking supply of 44 spaces, a theoretical parking deficiency of 13 spaces is forecast. With a bicycle parking requirement of 5 spaces and a total supply of 15 spaces, the bicycle parking requirement forthe proposed Project is satisfied. However, the specific tenancy mix of Project provides an opportunity to share parking spaces based on the utilization profile of each included land use component. The 31 C -30 Bristol Speedwash, Inc. January 29, 2015 Page 6 following section calculates the parking requirements for the South Coast Speedwash mixed -used building based on the shared parking methodology approach. SHARED PARKING ANALYSIS Given the mixed use nature of the Project, there is an opportunity to share parking spaces based on the utilization profile of each land use component of the Project. For example, the parking spaces allocated by City Code for the retail and restaurant use may be shared between each other. According to the Urban Land Institute's (ULI's) Shared Parldnng 2°d Edition publication, shared parking is defined as parking space that can be used to serve two or more individual land uses without conflict or encroachment. The ULI Shared Parking publication provides hourly parking accumulation rates for office, retail and restaurant uses expressed as a percentage of the peak demand for the day. Shared Parking Rationale and Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sure of the individual peak requirements for each land use. Due to the rnixed -use characteristics of the proposed Project, opportunities to share parking can be expected. The objective of this shared parking analysis is to forecast the peals parking demand for the proposed Project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of clay, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peals ratios as represented in the City of Santa Ana Municipal Code. There is an important common element between the "parking cone" of local jurisdictions and the Shared Parking calculation methodologies; the peak parking ratio, or "highpoint" for each land use's parking profile, typically equals the "code" parking ratio for that use. The analytical procedures for Shared Parking Analyses are well documented in the Shared Parking, 2W Edition publication by the Urban Land hlstitute (ULI). The ULI methodology allows the analyst to consider factors such as the mode of arrival at the site (automobile or other modes such as transit or walking) and also the potential for internal capture within the site. The ULI shared parking publication 31 C -31 Bristol Speedwash, hnc. January 29, 2015 Page 7 includes extensive data related to maximum parking requirements for various types of uses, as well as data related to the mode of arrival and internal capture. All of this data is provided for use by the analyst, in addition to the data related to hourly and seasonal parking demand variation. The input assumptions and adjustments used in this analysis are presented first, followed by the resulting parking demand for the proposed project. Shared parking calculations for the analysis utilize hourly parking accumulations developed from field studies of single developments in free - standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peals parking needs when land use types are combined. Further, the shared parking approach. will result, at other than peak parking demand tunes, in an excess amount of spaces that will service the overall needs of the project. Key inputs in the shared panting analysis for each land use include: • Peak parking demand, by land use for visitors and employees. • Adjustments for alternative anodes of transportation. • Adjustment for internal capture (captive versus non- captive parking demand), recognizing that given the mixed -use nature of the Project,, car wash patrons will likely utilize the retail use and /or food service use. • Hourly variations of parking demand. • Weekday versus weekend adjustment factors • Monthly adjustment factors to account for variations of parking demand over the year. • City of Santa Ana Parking Ratios per Chapter 91, Article XV — qff- Street Parking in the City of Santa Ana Municipal Code Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in Otis analysis and applied to the proposed mixed -use Project are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2 "Q Ldi on. The ULI publication presents hourly parking demand profiles for several land uses, inclusive of retail slid restaurant uses. These factors present a profile of parking demand over time and have been used directly, by land use type, in the analysis of this project. Table 3 summarizes the weekday and weekend hourly parking demand profiles / time of day factors for the proposed Project mixed -use building (i.e. retail and restaurant uses). 31 C -32 Bristol Speedwash, hie. January 29, 2015 Page 8 For retail space, the ULI retail use profiles are applied directly to the City's retail parking ratio of 5 spaces per 1,000 SF. Peale demand for retail uses occurs between 1:00 PM -2:00 PM on weekdays, and 2 :00 PM -4:00 PM on weekends. For this analysis, the restaurant use profile for a fine /casual dining restaurant was utilized. Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The restaurant- parking ratio utilized in this analysis exactly matches the City code of 10 spaces per 1,000 SF. According to the Shared Parking publication, casual /fining dining restaurant uses are shown to experience ,peals demand between 7:00 PM and 10:00 PM on weekdays, and 8:00 PM and 9:00 PM on weekends. For office uses, the parking profile in the ULI publication was used and applied to the City's Parking Code ratio of 3 spaces 1000 SF of floor are to forecast its demand. Peak demand for office occurs between 10:00 AM -11:00 AM and 2 :00 PM -3:00 PM on weekdays, and 11:00 AM -12:00 PM on weekends. Tabie 4 summarizes the mode choice adjustments used in the shared parking analysis for the Project. For this analysis, a 10% conservative panting reduction was utilized to account for alternative modes of travel (i.e. transit, bicycle, pedestrian traffic) given the site's central location and direct,aceess to public transit along Bristol Street, This analysis assumes that 10% of the patrons and employees of the retail and restaurant uses will utilize other modes oftravel (i.e. walk/bike /transit). Treble S summarizes the internal capture adjustments used in the shared parking analysis for the Project. As shown, a 10% internal capture (parking reduction) was applied to the retail and restaurant components of the Project to account for the mixed -use nature of the Project which allows the opportunity for car wash customers / cmployees to patronize the retail/restaurant uses without having to utilize their vehicle. Appendix D contains the shared parking input and output data, and associated bar charts for the Project. Shared Parking Assessment and Conclusions A summary of the peak month peals hour parking demand for the Project, as well as the parking rates, mode adjustments and non - captive ratios utilized in this shared parking analysis are sur unarized in Treble 6 using the ULI Sharer? Park ng Model. ULI has developed their own parking rates based on empirical data from many different land uses. However, LLG modified the rates within the ULI model to reflect applicable City of Santa Aoa parking ratios. 31 C -33 Bristol Speedwash, hrc. January 29, 2015 page 9 As shown in Table 6, during the weekday, the peak month (December) parking demand is forecast to occur at 1 :00 PM, with a peak demand of 49 spaces consisting of a customer parking demand of 31 spaces and an employee parking demand of 18 spaces. With a total shared parking supply potential of 53 spaces, a parking surplus of 4 spaces is forecast. For a weekend day, further review of Table 6 indicates that the Project will experience a peals parking demand at 1:00 PM, with a peak demand of 46 spaces consisting of a customer parking demand of 28 spaces and an employee parking demand of 1.8 spaces. With a total shared parking supply of 53 spaces, a parking surplus of 7 spaces is forecast. A summary of the peak mouth (December) hourly shared parking demand for the Project is presented in Table 7. The parking accumulation characteristics and parking demand are presented for the proposed Project's uses between the hours of 6 :00 AM to midnight, with the overall peak, AM peak, PM peak and evening peak parking demands noted in the last four cohmms of the table. A review of Table 7 indicates that AM peak, PM peak and Evening (Overall) peak parking demand for the Project during a weekday occurs at 11:00 AM, 1:00 PM and 6:00 PM, respectively, while the peak during the weekend occurs at 11 :00 AM, 1:00 PM and 6:00 PM as well, respectively. Figures 3 -I and 3 -2 graphically illustrate the weekday and weekend hourly parking demand forecast for the peak month (December), respectively. Each land use component and its corresponding hourly Shared Parking demand for retail and restaurant, which were presented in Table 7, are depicted in these two figures relative to the proposed shared parking supply of 53 spaces. A review of these figures indicate that the Project's on -site shared parking supply of 53 spaces will adequately accommodate the Project's weekday and weekend hourly shared parking demand for all morning, midday, late afternoon and evening hours. Eased on the results of this shared parking assessment, we conclude that adequate parking will be provided for the office, retail and restaurant component of the Project. With a proposed parking supply of 53 spaces and peak parking demand of 49 spaces, the Project's forecast peak parking demand is satisfied, 31 C -34 Bristol Speedwash, Inc, January 29, 2015 Page 10 SUMMARY OF FINDINGS AND CONCLUSIONS 1. The Project site is located at 2402 South Bristol Street in the City of Santa Ana, California. The Project is proposing to demolish the existing Bristol Speedwash and reconstruct the new South Coast Speedwash car wash and mixed -use retail/restaurant center, The Project includes the construction of a new 21,768 SF "full- service" car wash facility and a 4,385 SF administration building for a total floor area of 26,153 SF. The car wash facility with provide two "self serve" car wash tunnels, and two "full- service" tunnels that provides the customer with an option of detail /hand wash service not provided in the "self-serve" car wash tunnel, a detail showroom with eight (8) detailing stations, one (1) Band wash station, three (3) customer pick -up spaces, and 34 vacuum stations, In addition, Project includes the construction of a single story 8,175 SF building that consists of 4,875 SF of retail services and 3,300 SF of food services. The proposed Project is expected to be open by the Year 2016. A total of 53 parking spaces will be provided, of which 44 spaces are provided for the retail and restaurant uses and nine (9) spaces are provided for the administrative offices of the South Coast Speedwash. In addition, a total of I5 bicycle parking spaces will he provided. 2. This parking demand analysis evaluates the parking requirement of the Project and the shared parking demand associated with the proposed car wash and retail /restaurant building. 3. Given the mix -used nature of the Project, a shared parking analysis has been prepared and indicates that the proposed parking supply will be sufficient. Relative to the mixed -use building and administration /operations building, it is concluded that with a proposed parking supply of 53 spaces and peak parking demand of 49 spaces, the forecast peak parking demand is satisfied. 31 C -35 Bristol Speedwash, Inc. January 29, 2015 Page 11 We appreciate the opportunity to prepare this analysis for the South Coast Speedwash Project. Should you have any questions or need additional assistance, please do not hesitate to call me at (949) 825 -6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: David Chacou, DC Design + Build Consultants Attachments CG No. 2006 \EMp 6/30/ 15 31 C -36 ,onnBn WZ —M —£0 MWZ dM DMp'L- 1g19£ \BMP \ouo orynv '4a #P H 7c000yi Q. — LhY££ {L \004C \u S A3SNdVJ 1S A3SNdV9 cG `X \S ZS ��� , m ° 3 �o 3dvl 1S 3AI'IO 1S 3AI10 is 3AIl0 __..._.._. +� da VN0WVd — -- da VNaWVd v ur�t: Q is 113Ma1 d3Nh1a1 1S d3NM01 1S d3NMgl S 7(dVdY dU MW da AdVd >- P 3113HS Nal I31IS 1S N01131-IS 1S - u ( AV aO0M3S0d J \ OM3Sad 000MISod a3 dg L 5 Lu v i 'ISTOL.. TOaEZ z TOR? � 15 101swe L `d1S �c 0Oci, Z cL a PACIFI dVldad Q 1S dVldad a RI ._)..[..._ n f� d A 0I3I3Vd 'aw��a�a z a¢ 3DIlddS 1S 3�(IddS J S 3: g _._. - - -v ____ £ VlI des _ .._.........._. AM V1Id AM ' _S JN�,,. �0 3N321Q_._ 3 _� W,....�NORN' ;3d0J vlIvs s �- WIN f °' 3NVOC n L..I 1133401 � d � Q �I . o? u'� yr to i a apt - w — w 3 W 4 na HIS71d" ' y < 1S ° S v r_r VIS316V '�.: b7cai�Ki �cl 31 C -37 *MM✓ ems' W � w w W W a c� 0 0 o � W a n y n u u�a \/O 'o� . iaf t0� t'd am: 'Fi7 at Set 1.. tr am _ a. rn —`""�" S. 6n" stolaS', U�- � '^�°�-- ��- a�--- >S�Bnsic�l,'•St - - - - - - ` - - - - - * 7 w t tit f. E115ffA WK _..a. {fi Siiitl ME— R t 4 {1{Y Y Sid S1 �.- ..`%Yid f 7 f„ I� e, �f JXfT l r' 0 o7i w u z 3 w a .,. ' {fi Siiitl ME— R t 4 {1{Y Y Sid S1 �.- ..`%Yid f 7 f„ I� e, �f JXfT l r' 0 o7i w u z 3 w a Ix 3 I - 31 C -39 Q CQ ' 2 Q C a� W U3 N aQ 3 H aW W oV aV) 0 U O N 5 w 0 N 0 z wl <I N MI N III al a N z lI al wlN of O KIa ( ,ne�su QLDZ -xi -i6 ZVWDI " 6sp'j- {LJZ*K \6wp\ouo off.. - W..p. \E. — ZMCC4Z\00K \ :Ul o m O .N+ ao 1 ® 0 0 N N 4 0 N O N i ti a N N eY n I Q O O O O N U 7 _ U � N Q K K sands jo aagwnN puewaa BuIlAud 31 C -40 Q co � `, H W z a W � Au) LLI V � wE--r p a �V) aV) a O U W 0 A O C7 a a x d N ,y � m n I Q O O O O N U 7 _ U � N Q K K sands jo aagwnN puewaa BuIlAud 31 C -40 Q co � `, H W z a W � Au) LLI V � wE--r p a �V) aV) a O U W 0 A O C7 a a x d 31 C -41 co IW ®cj Q `' J A H WQ U (n W w Q3 D W G� °a V) in O U O Q N a 1� W lopn6o Slot -Ll -40 MW' i dm bmn- iur"cvmp \� olum 'wwmft lvoo wol - z*tatL\ ;K- � N 0 � � I N rl ( m I I W aon b n I 1 N ( b I I i I m m U 6�N.ti oN. O 16 i 171 6 N ,y N Pi � m m a1 N i a a ry a m OI ti al N a. Q O 0 0 I b p ON N M H � � C V1 IMP O C M N N � - a wy v K � sands )o jagwnN / puewaa Sub „led • • • 31 C -41 co IW ®cj Q `' J A H WQ U (n W w Q3 D W G� °a V) in O U O Q N a 1� W TABLE 1 PROJECT DEVELOPMENT SUMMARY! SOUTH COAST SPEEDWASH, SANTA ANA Land Use / Project Description Project Development Totals South Coast S eeedwash • Speedwash / Detail Building 21,768 SF o Car Wash Tunnels (2 at 150'x 37') o Full Service Belt (2 at 150' x 45') o Detail Showroom — 11 spaces, to include one (1) hand wash station and three (3) customer pick -up spaces 0 200+ feet of queuing storage in approach lanes to pay station • Administration/Operations Building • 1" floor: 2,885 SF 4.385S • 2nd floor: 1,500 SF Total Building Area 26,153 SF • Free Vacuum Supply 34 spaces • Office Parking Supply 9 spaces • Bicycle Parking Supply 8 spaces South Coast Soeedwash Retail /Restaurant 4,875 SF • Retail • Restaurant 3300S Total Building Area 8,175 SF • Parking Supply 44 spaces • Bicycle Parking Supply 7 spaces Source: Site Plan.for Smith Coast Speedo ash at the Autahalm prepared Lv RRAf Design Group, dated August 2014. 31 C -42 TABLE 2 CITY CODE PARKING REQUIREMENTS= SOUTH COAST SPEEDWASN, SANTA ANA Source: 011, ofSmrra Ana AAunlrfpaf Code, 31 C -43 Spaces Project Description Size Code Parking Ratio Required Vehicular Parking Needs South Coast Speedwash 5 spaces plus at least 20 spaces for • Speedwash 21,768 SF drying, plus a minimum. of 120 feet 25 spaces of stacking. • Administration / Operations Building 41385 SF 3 spaces per 1000 SF of GFA 13 spaces Subtota 38 spacer South Coast Speedwash Retail /Restaurant • Retail 4,875 SF 5 spaces per 1,000 SF of GFA 24 spaces • Food Service 3,300 SF 10 spaces per 1,000 SF of GFA 33 spaces Subtotai 57spaces Total Code Parking Requirement: 95 spaces Blevele 11ai ldne Needs Retail/Commercial [Jses: five percent of the required automobile parking shall be bicycle parking, but not less than four (4) bicycle spaces (0.05 x 94 spaces —:3 spaces). 5 stalls Source: 011, ofSmrra Ana AAunlrfpaf Code, 31 C -43 M V Q LL Q w jf�1�1 w � m � h �- 0 w Z Y Q a Y 4 F N 3 s`n U N 31 C -44 0 ri 0 fil c 0 U} bq C :t N l✓1 N a N U `a 0 % k$ \\ ) {) ®£! 2/ CL) 31 C-45 \ \ \ \ ) ) ) ) \ \ } § { \ ) \ \ u ) ) \ \ ) ) ) ) ] #` t& \) \) - ._ ;+ °■| |_ }\ )) )] 2) 2 2 bA - - - \ ; / - - - - ) 7 - � : { ; § ( ; \ ) ) { \ ) { \ 31 C-45 \ \ Gj / ƒ \ ( ) 31 C-46 k ! ) \ { \ } f § B § § ) ) ) § ) , ) } {\ \)»Ja«2» \ / . ) 31 C-46 CO w m H 2 O Y a C N D z W v c7 Z Y d' a O K 2 N Q Y W CL CL r O O CL 6 CL 1 1' m w W 0 Q N x 3 w N 0 U 0 N 31 C -47 o m a c a � a o ` v ¢ m Y S S n m m m Q 6 VNi G C O 6 a m' a e w ° � Y d o g x a ` E E $ o a E Y y S S n$$$ U W Q a aa vi d c a E¢ o o d d rc v d V ° i > U o d � o 0 o g ° .0 ✓ � 0 C°I M t'l J Q d E 0 °o 'a OE U y� K � L � � A U m 31 C -47 B a CO 2 ) B \ k R \ 31 C-48 W; |_ - -- - -- -.- �.- _.,.��.. ,, \,... -,,,,R !.T T , ,..,.La ...... � ! § � § f!2!i! - 31 C-48 - kI We SHARED PARKING WORKSHEETS LINSCOU. LAW & GREENSPAN, engineers LLG Ref. 2 -13- 3442 -1 South Coast Speedwash, Santa Ma 31 C -49 d N q 6 N C e q N 0 0 N n O w LL N u Q N M T M p. a n c � q N w q o mmn °~ c— m aA� aao c � — " `o a q LL y n N C O N � m o die q � E U d N N � N E � q a m C q LL � am vi w V � q � c r N n `v q a P N a c e q o � u ON II N d O Y 31 C -50 31 C -51 r g 3g g35 335ggg C1 00CDCD C7C�C�UC�U.. (7U E EC�C7C7 C70C9000D Vl UI N N N N N N N U1 N N w 0 Q y N Ul C C C (p y N N b N N � 20 O O O O O O M 0 0 O) O N OJ O ^ m O W M O C O) O t0 N O N N 0 0 0 0 0 0 0 0 0 0 LD 0 0 0 0 (D 1- N N� 0 0 M O E` Q) W v v 0 0 O O (D O iA O N C, N M M M O M O M M V 0 to 0 W 0 O 0 0 0 (O �- (D r N N O M O I (D O O N �tl M��� X000 00 V (� O.-�M 000 CJ 00 N ci W M ^{ N O N M O CL N W M M N N O O O O O M (O N N (D N (D h M( D y N O N (f 1 Y W X w a C V X V N Q N N OO O NO N(D (O (O M OIL O (� OOOOOO N �j d.00OO V M 0 N p m a+� O N 4D 0 n N N M N M M 01 t0 O W coo 7 7 N •- N N (D O Y 7 M N Ni � r N 0 0 0 0 0 d' U'i O M N 0 0 0 pNj 0 0 N M C C C 1 ` p J J J d� c v E C E E ` °o o m 2 U N C N N �Y NY O otE O s 0 0 'o Q N O` • " D 00 N N N O N U N V p _ O J N O a -° ° c c u) o N (n U N y9 N a w E anUn N uv0 Otr ' C CO N y Y O E L g ,o C (L C 'cmm C J :Ei N c J N °o,.. 03 N 4N �� N UU acc �O o M N ;U) O (0 Q - U N N� N V10M N L (4 (p 6.. 9 l0 L L J .N N C _ R _ 0 Y (D O 4 �.E J C N (6' U V 0 3 E O of U O c .N O V cq t^ (Oj O` (Cp m I O M 0] J (0 N N N N CL N E C' E N o, �"0 v - 0 (0 C N N O O j 02'(n N J ti LL LL ZUa Q dd =U=S�UUX XOOOOC)2 M 31 C -51 ;a a� n�3 _ or „a ads -nE c5 ne� 31 C -52 ) 31 C -52 # ■a . { §§ !! \!]!3§ • °!!!!;r!! \ }) %t - g! ^ ) ( { � � § � ) 31 C -52 a c E d Q) c Y R a a m V C� C U W t Y G C0 G A d t N C a T A a Y d d 0 o O o O O o tD N v SIMS"NUINMd N 31 C -54 U N l0 J U d 0 /L z 0 a v m V � C 7c G G 7 N a Q l0 a d LL c (0 a 0 .Y W IL a E w W 0 T Q y C Q a c m Y d N m � d0 OM N SIMS 6uWt?d D -6 31 C -55 O O 0 J d 0 O Z U O U) m Q C� G CL Q N LPL N iifffrrf�fr�fi /f/ff�f �lrrf1ffiIffffff rf �rlf �ffffff off �firff If /ffrf./ /rff _%f /ff mmm fff /f mmm /rf �m1 mmm fllClllJllL.�f2fL� m � d0 OM N SIMS 6uWt?d D -6 31 C -55 O O 0 J d 0 O Z U O U) m Q C� G CL Q N LPL N L 7 c R E a rn c Y L CL CL 0 r Y c 0 Y A N a A SIIe3S BUINJOd n 31 C -56 ado e ids GG°�8 �a9 �aS 7 I've ids Ib lk OZ s �b,P 9 L O t C O .Q C O N 'i t6 Q E O A O Y O d Q) E U N 0 � N N � cc O J U o U v V U') O N O f O O 31 C -57 pvv ZC Wd CC Wd of Wd6 Wd 9 Wdz Wd 9 Wd S Wd b Wd £ PVC Z Wdl Wd el nyll wyol Wt/ 6 Wb9 Wb" PVbg L O C t r C O A C O N Q O U C d Y O d u� O Un o LO o U') o LO o D -9 31 C -58 WyZL Wd Lt Wd Ol Wd 6 Wd 8 wdz Wd 9 Wd S Wd b wd Wd Z wdl Wd Z� I/vv Wb pj wb6 Wb8 Wb, Wb9 m E a) U N N N .Q N O J U u� O Un o LO o U') o LO o D -9 31 C -58 WyZL Wd Lt Wd Ol Wd 6 Wd 8 wdz Wd 9 Wd S Wd b wd Wd Z wdl Wd Z� I/vv Wb pj wb6 Wb8 Wb, Wb9 ROH - 03/09/15 RESOLUTION NO. 2015 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2015 -01 TO ALLOW A CAR WASH AND VARIANCE NOS, 2015 -01 AND 2015 -02 FOR A REDUCTION IN FRONT -YARD SETBACKS AND REQUIRED PARKING AS CONDITIONED FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL 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. The applicant is requesting approval of Conditional Use Permit No. 2015- 01 to allow a car wash, Variance No. 2015 -01 to allow a reduction in required front -yard setbacks, and Variance No. 2015 -02 to allow a reduction in the number of required parking spaces for the property located at 2402 South Bristol Street. B. Conditional Use Permit No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 9, 2015. C. Santa Ana Municipal Code Section 41- 377.5(b) requires a conditional use permit for a car wash in the General Commercial (C -2) zoning district. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed car wash facility will provide a service to the community. The proposed South Coast Speedwash mixed - use commercial development will support the adjacent commercial and residential uses in the area. This will thereby benefit the community by providing a convenient car wash service with easy access from a major arterial street. Moreover, the project will provide several retail and restaurant tenant spaces that will serve the adjacent communities. The automatic car wash service will provide a convenient option for car wash patrons, and the proposed Resolution No. 2015 -13 31 C -59 Page 1 of 11 architecture will enhance the aesthetics of the Bristol Street corridor. 2. That the proposed use will 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 car wash facility will not be detrimental to persons residing or working in the vicinity because the car wash has been designed to minimize potential impacts to vehicles travelling on Bristol Street. The internal stacking area is designed to be at the rear of the project site, away from Bristol Street, and will be separated from the single - family residential uses by existing eight- to ten -foot tall block walls. Additionally, conditions of approval have been incorporated to mitigate potential adverse impacts from occurring on the premises. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will identify the site as viable location to operate a business. The construction of a high - quality project using contemporary architecture and durable building materials in conjunction with the on and off -site improvements will enhance the economic viability of the area, specifically the Bristol Street corridor. The project's parent company was originally established in the City of Victorville and has been proven to be a viable and successful business. The proposed project will be the company's second location in the Southern California region. The proposed car wash facility will provide an affordable and convenient car wash service, as well as commercial spaces, to attract patrons to benefit the economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code. Site improvements are proposed to bring the site into compliance with the zoning code. Landscaping setbacks and on -site landscaping will be provided according to the current standards. Finally, on -site improvements will be made to ensure the facility complies with local, regional and federal water quality standards. Resolution No. 2015 -13 Page 2 of 11 31 C -60 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Land Use Element Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Urban Design Element Policy 1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the design of all projects. The proposed mixed -use car wash and commercial building will be consistent with each of these General Plan policies. E. Variance No. 2015 -01 has been filed with the City of Santa Ana seeking to allow a reduced front yard setback. Santa Ana Municipal Code Section 41- 368 requires a fifteen (15) foot front yard setback in a commercial district. Although the project proposes a 22 -foot front -yard setback between the current public right -of -way and the edge of the first drive aisle, the front -yard setback will be reduced to 12 feet after the anticipated widening of Bristol Street, which is less than the 15 feet required. F. Santa Ana Municipal Code Section 41- 638(a)(2) 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. The project site has a special circumstance related to its location on a major arterial that is planned for future widening. The widening of Bristol Street in the area creates a special circumstance applicable to the property, as the applicant will be unable to maintain the required front -yard setback once the widening is complete. The project is being designed to provide a generous front -yard setback before the widening, and will enhance front -yard landscaping to assist with screening of the building and drive aisles once the street widening is complete. 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 is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property Resolution No. 2015 -13 31 C -61 Page 3 of 11 owner's ability to utilize a commercially zoned property to the greatest extent possible. The variance will allow the applicant the ability to construct and operate a significant mixed -use car wash and commercial development on a site that is currently underdeveloped. 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 will not be detrimental to the public or surrounding properties. The project fully complies with all other required building setbacks, minimum lot size, and minimum street frontage. Additionally, conditions have been placed on the project to ensure that the site will remain in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed mixed -use car wash and commercial development that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Coast Speedwash project will include significant new construction and tenant improvements to a site that has remained underutilized since the original car wash was developed on the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The South Coast Speedwash project will be located on one of the City's most significant commercial corridor and conditions of approval will ensure that its operations will be compatible with the surrounding community. G. Variance No. 2015 -02 has been filed with the City of Santa Ana seeking to allow a nine (9) space (fifteen percent (15 %)) reduction in parking. In addition to the car wash and administration building's 5 parking spaces, the proposed project requires 24 spaces for the retail area (one space per 200 gross square feet) and 33 spaces for the restaurant area (one space per Resolution No. 2015 -13 Page 4 of 11 31 C -62 100 gross square feet). Based on a strict application of the Santa Ana Municipal Code parking requirements, the proposed project would need to provide 62 spaces, while 53 are proposed. H. Santa Ana Municipal Code Section 41- 638(a)(2) 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. The project site has a special circumstance related to its location and surroundings. The proposed use will be located on a parcel that is surrounded by commercial uses and transportation corridors. Due to its location and the mixed - use nature of the proposed development, there are multiple opportunities to share parking or use alternative travel modes, such as ridesharing, transit, cycling, or walking. Moreover, patrons of the car wash or commercial portion will have the opportunity to walk among the various uses on site, reducing the overall parking demand. The number of on -site parking spaces will be sufficient as identified in the parking analysis for the project, which has determined that a surplus of parking spaces will be provided for the project, even during times of peak demand. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 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 is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to develop an underutilized property with a mixed -use development that will contribute to identifying the site as an economically viable development. The property that is the subject of this application has remained underdeveloped since it was originally built 45 years ago. The granting of the variance will allow new types of commercial uses to establish on the existing property, contributing to the overall success of the project and the Bristol Street commercial corridor as a whole. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2015 -13 31 C -63 Page 5 of 11 The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours on both weekdays and weekends. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the granting of the variance will allow the property owner to develop a long- underutilized site, contributing to the vitality and success of the Bristol Street commercial corridor. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed mixed -use car wash and commercial development that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The South Coast Speedwash project will include significant new construction and tenant improvements to a site that has remained underutilized since the original car wash was developed on the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The South Coast Speedwash project will be located on one of the City's most significant commercial corridor and conditions of approval will ensure that its operations will be compatible with the surrounding community. I. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15332. The Class 32 exemption allows in -fill development if such development meets five distinct conditions: Resolution No. 2015 -13 Page 6 of 11 31 C -64 • The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; • The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; • The project site has no value as habitat for endangered, rare or threatened species; Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and • The site can be adequately served by all required utilities and public services. The first Class 32 exemption condition requires that the project site be consistent with applicable general plan designations and policies, as well as with the zoning designation. The project is located within an area designated by the Land Use Element of the General Plan for commercial uses. Moreover, the project is located within a zoning district that allows such uses subject to approval of a CUP. Secondly, the project site is required to be within city limits and no more than five acres; the proposed project will be developed on a 2.71 -acre parcel. The third condition requires that the project have no value as habitat for endangered, rare or threatened species, none of which has been identified on the parcel. The fourth Class 32 exemption condition requires that approval of the project would not result in significant effects relating to traffic, noise, air quality, or water quality. Early traffic impact analyses showed that with proper site design, signage, and the installation of a new street light, any significant traffic impacts could be addressed. A separate noise study indicated that the existing block walls, in tandem with the SAMC's requirements for screening of mechanical equipment, would address any noise concerns on the project site. Further, water quality concerns were reviewed by the Public Works Agency. Any concerns could be addressed through a combination of City and State water detention and runoff policies. Finally, the project site meets the requirements of the fifth condition in that the proposed development is within an urbanized area and can be adequately served by all required utilities and public services. Based on this analysis, staff finds that the project, as proposed, is exempt from further environmental review. Categorical Exemption Environmental Review No. 2012- 70 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 2402 South Bristol Street: Conditional Use Permit No. 2015 -01 to allow a car wash; Variance No. 2015 -01 to allow a reduction in the front -yard setbacks; and, Variance No. 2015 -02 to allow a reduction in required parking; all of which are as conditioned in Exhibit "A" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the 31 C -65 Resolution No. 2015 -13 Page 7 of 11 Request for Planning Commission Action dated March 9, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March, 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2015 -13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2015. Date: Secretary of the Planning Commission City of Santa Ana 31 C -66 Resolution No. 2015 -13 Page 8 of 11 EXHIBIT A Conditions for Approval Conditional Use Permit No. 2015 -01, Variance No. 2015 -01 for a reduction in required front -yard setbacks, and Variance No. 2015 -02 for a reduction in required parking are 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 prior to exercising the rights conferred by the conditional use permit and variances. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit and variances. Failure to comply with each and every condition may result in the revocation of the conditional use permit and variances. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012 -36. 2. Any amendment to this conditional use permit and /or variances 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 and /or variances must be amended. 3. Prior to approval of a Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. All business activity on the site shall end by 9:00 p.m., seven days a week. 5. Roll -up doors shall be secured to restrict access to the car wash tunnel during non- operating hours. 6. Vacuuming equipment shall not be available or functional during non - operating hours. 7. Prior to approval of a Certificate of Occupancy, all on -site signage including directional signage shall be submitted for review and approval and shall be under separate permit. 8. A minimum of one (1) on -site attendant shall remain present at all times near the entry to the car wash to guide patrons and to prevent on -site congestion and /or stacking onto the street. Resolution No. 2015 -13 Page 9 of 11 31 C -67 MARCH 9, 2015 PAGE 2OF2 9. On -site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 11. There shall be no overnight parking of vehicles on site. 12. Customer restrooms shall be locked during all non - operating hours. 13. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 14. A final landscaping plan, including a detailed irrigation and block wall plans, shall be submitted to staff for review and approval when plans are submitted for building plan check. 15. The applicant shall remove the existing pole sign prior to issuance of a Certificate of Occupancy. 16. Prior to issuance of a Certificate of Occupancy, the applicant shall replace the existing block wall on the length of the western property line of the project site with a new ten -foot tall sound wall. The new wall shall contain a twelve -inch thick base up to the first two feet in height and be at least eight inches thick the remaining height of the wall. (Added by the Planning Commission March 9, 2015) B. Police Department 1. Prior to submitting into building plan check, the applicant shall submit plans that indicate all structures and parking lot comply with provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See the commercial supplement for additional information. Discretionary action conditions (if applicable) must be printed on any final sets of plans. 2. Prior to submitting into building plan check, the applicant shall submit a full set of electrical plans to the Police department to verify exterior lighting placement and parking lot illumination levels. Resolution No. 2015 -13 Page 10 of 11 31 C -68 3. Prior to obtaining an electrical permit, the applicant shall submit photometric foot - candle calculations of all parking lots and walkways for review and approval. Photometric calculations must be superimposed on a scaled site plan of the project. Resolution No. 2015 -13 Page 11 of 11 31 C -69 31 C -70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: PUBLIC FACILITIES NAMING NO. 2015 -02 TO NAME A PEDESTRIAN BRIDGE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER LOCATED AT 1000 EAST SANTA ANA BOULEVARD AS THE GORDON BRICKEN PEDESTRIAN BRIDGE - JOHN PALACIO, APPLICANT {STRATEGIC PLAN NO. S, } 0 CITY MANAG CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report and affirm the naming of the pedestrian bridge at the Santa Ana Regional Transportation Center as the Gordon Bricken Pedestrian Bridge (Public Facilities Naming No. 2015 -02), PLANNING COMMISSION ACTION On March 9, 2015, the Planning Commission approved Public Facilities Naming No. 2015 -02 by a vote of 7:0 naming the pedestrian bridge located at the Santa Ana Regional Transportation Center at 1000 East Santa Ana Boulevard as the Gordon Bricken Pedestrian Bridge. The Planning Commission made no changes to the name change identified in the attached staff report (Exhibit A). DISCUSSION John Palacio, in conjunction with several community members, is proposing to name the existing pedestrian bridge located at the Santa Ana Regional Transportation Center (SARTC) after Gordon Bricken, a former elected and appointed official of Santa Ana. Mr. Bricken first became active in local politics when he was appointed to serve on Santa Ana's Planning Commission from 1964 to 1974. He later was appointed and elected to the City Council where he served from 1974 until 1984, including serving a stint as Mayor from 1980 -1982. Gordon was an avid train aficionado. To honor the memory of a unique individual who significantly contributed his time and efforts for a better Santa Ana, John Palacio and several members of the community have requested the naming of the pedestrian bridge at the SARTC as the Gordon Bricken Pedestrian Bridge. 39A -1 Public Facilities Naming 2015 -02 April 7, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, (11CP Interim Executive Director Planning & Building Agency IO:jm iMRoportMPFN -16 -2 Gordon Bracken Bridge.cc Exhibit: A. Planning Commission Staff Report B. Letter in Support of Bridge Naming 39A -2 REQUEST FOR PLANNING COMMISSION MEETING DATE;. MARCH 9, 2015 TITLE: PUBLIC HEARING — FILED BY JOHN PALACIO FOR PUBLIC FACILITIES NAMING NO. 2015.02 TO NAME A PEDESTRIAN BRIDGE LOCATED AT 1000 EAST SANTA ANA BOULEVARD AS THE GORDON BRICKEN PEDESTRIAN BRIDGE {STRATEGIC PLAN NO. 5,4) Prepared by Ivan Orozco tZ Interim Exvuti~ Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO �- fr Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Public Facilities Naming No. 2015 -02. Request of Applicant John Palacio, in conjunction with several community members, is proposing to name the existing pedestrian bridge located at the Santa Ana Regional Transportation Center (SARTC) after Gordon Brieken, a former elected and appointed official of Santa Ana. Protect Background The City of Santa Ana Regional Transportation Center has been in operation since September of 1985. Once the largest rail station in the Continental United States, it provides services to rail travelers who wish to travel using multi -modal service providers. The SARTC, also known as The Depot, provides over 500,000 rail trips each year and includes a bus terminal /hub for the Orange County Transportation Authority as well as other multi -modal services. In 2004, a new pedestrian bridge was added to the SARTC as a method to connect the northbound trains with the station in a safe and attractive way. Project Analysis Pursuant to Sections 33 -5 through 33 -8 of the Santa Ana Municipal Code (SAMC), the Planning Commission is the decision making body for the naming of public facilities, subject to confirmation by the City Council. Further, the standards within SAMC Section 33- 6(c)(4) states the Planning Commission may approve a request to name a public facility if the name recognizes a person who made a distinct, significant contribution to the well -being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds such a position. EXHIBIT A 39A -3 Public Facilities Naming No. 2015 -02 March 9, 2014 Page 2 The City of Santa Ana recently received a request from several prominent members of the community to name the pedestrian bridge after Gordon Bricken, Mr. Bricken first became active in local politics when he was appointed to serve on Santa Ana's Planning Commission from 1964 to 1974. He later was appointed and elected to the City Council where he served from 1974 until 1984, including serving a stint as Mayor from 1980 -1982. During his time on the Council; Gordon played an instrumental role in Santa Ana obtaining an All- American City designation, facilitating the construction and design of the SARTC, supporting the redevelopment of the Main Place mall and the revitalization of the Santa Ana Civic Center. Mr. Bricken remained active as a member of several community organizations including the Santa Ana North Rotary Club, the Studebaker Club Orange Empire Chapter and the Sans of the Confederacy. Gordon was an avid train aficionado. To honor the memory of a unique individual who significantly contributed his time and efforts for a better Santa Ana, John Palacio and several members of the community would like to request the naming of the pedestrian bridge at the SARTC as the Gordon Bricken Pedestrian Bridge. The project site is not located within the boundaries of any neighborhood association; however, staff has placed a public notice on the premises of the SARTC to allow any interested party to contact staff to discuss the proposed project. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061 (b)(3). The general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the naming of a public facility to recognize a significant contributor to Santa Ana's history, the general rule exemption is applicable. General Rule Environmental Review No. 2015 -13 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 4 (support neighborhood vitality and livability). 39A -4 Public Facilities Naming No. 2015 -02 March 9, 2014 Page 3 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Public Facilities Naming No, 2015 -02. IO:jm IORepotlsWN -15 -2 Gordon Bracken Bddge,pc Attachment: Exhibit 1 — Aerial Map Exhibit 2 — Pedestrian Bridge Exhibit 3 — Pedestrian Bridge Access 39A -5 4 h . +•� V sr1 il ry a i �9! AH r R t a t �vfl�� S 51•'4 .' w Y !� S �,. v t 14.4 .40,1 3lj e 3 oi rk xi r _,17i ml :E 0. � c� 6 t To Pedestrian Bridge Elevator j? & Track 1 Northbound Trains �4 �f f l � it 1llf f _ 11111 �i. I111W1YD1 lAaOflllllLn�uunnnnW11111I1tl � p�4dff� 'F. ROH — 03/09/15 RESOLUTION NO. 2015 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO NAME A PEDESTRIAN BRIDGE LOCATED AT 1000 EAST SANTA ANA BOULEVARD AS THE GORDON BRICKEN PEDESTRIAN BRIDGE 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. The applicant is requesting approval of Street Naming No. 2015 -02 to name the existing pedestrian bridge located at the Santa Ana Regional Transportation Center (SARTC) as the "Gordon Bricken Pedestrian Bridge" after Gordon Bricken, a former elected and appointed official of Santa Ana. B. Street Naming No. 2015 -02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 9, 2015. C. The Planning Commission took into consideration the policy guidelines contained in Santa Ana Municipal Code Section 33- 6(c)(4), which suggests that the name recognizes a person who made a distinct, significant contribution to the well -being of the city, including past mayors, council members, board or commission members, officers or employees of the city. D. The City of Santa Ana recently received a request from several prominent members of the community to name the pedestrian bridge after Gordon Bricken. Mr. Bricken first became active in local politics when he was appointed to serve on Santa Ana's Planning Commission from 1964 to 1974. He later was appointed and elected to the City Council where he served from 1974 until 1984, including serving a stint as Mayor from 1980- 1982. During his time on the Council, Mr. Bricken played an instrumental role in Santa Ana obtaining an All- American City designation, facilitating the construction and design of the SARTC, supporting the redevelopment of the Main Place mall and the revitalization of the Santa Ana Civic Center. E. Mr. Bricken remained active as a member of several community organizations including the Santa Ana North Rotary Club, the Studebaker Club Orange Empire Chapter and the Sons of the Confederacy. Mr. Bricken was an avid train aficionado. To honor the memory of a unique Resolution No, 2015 -10 Page 1 of 3 39A -9 individual who significantly contributed his time and efforts for a better Santa Ana, John Palacio and several members of the community would like to request the naming of the pedestrian bridge at the SARTC as the Gordon Bricken Pedestrian Bridge. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061 (b)(3). The general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the naming of a public facility to recognize a significant contributor to Santa Ana's history, the general rule exemption is applicable. General Rule Environmental Review No. 2015 -13 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Street Naming No. 2015 -02 to name the pedestrian bridge at the SARTC as the "Gordon Bricken Pedestrian Bridge." 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 March 9, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March, 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairperson 39A -10 Resolution No. 2015 -10 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2015. Date: Planning Commission Secretary City of Santa Ana 39A -11 Resolution No. 2015 -10 Page 3 of 3 39A -12 September 16, 2014 Attn: Mayor Miguel Pulido: Vice Mayor Sal Tinajero: Councilman Vincent Sarmiento: Councilwoman Michele Martinez: Councilman David Benavides: Councilwoman Angelica Amezcua: Councilman Roman Reyna: City Manager David Cavazos: Gordon Bricken, a Santa Ana based acoustical engineer, served on the Santa Ana Planning Commission from 1964 to 1974 and was elected to the Santa Ana City Council from 1975 to 1984. During this time, he was appointed by his council colleagues Mayor (1981 -1983) and Vice Mayor (1978- 1980). He passed away June of 2013. As Mayor, he oversaw the development of the Orange County World Trade Center, the establishment of neighborhood councils and the revitalization of the city's downtown and civic center area. Through his leadership, Santa Ana was named an "All- American City" and the funding to build the Santa Ana Train Station was obtained. He was an accomplished Civil War historian and author. He was also a long -term member of the Santa Ana North Rotary Club, serving two terms as President. Former Santa Ana Vice Mayor and City Councilman, John Acosta believes that "if it was not for Mayor Bricken's tenacious leadership, Santa Ana would not have obtained the funding to design and build the Santa Ana Regional Transportation Center. Funding new train stations was and is, a very competitive process. It took leadership and vision to anticipate the future benefits of having mass transit ". We would like to acknowledge Mayor Gordon Bricken's contributions to the City of Santa Ana by requesting that the Mayor of Santa Ana and members of the City Council consider naming the pedestrian bridge that links the passengers with Northbound trains in his honor to "Gordon Bricken Pedestrian Bridge ". We have attached photos of the pedestrian bridge. EXHIBIT B 39A -13 Mayor Gordon Bricken was a train aficionado. What a way to honor him by recognizing him in a facility that he envisioned for the benefit of Orange County residents and in particular, Santa Ana residents. Please feel free to contact John Acosta at 714 -598 -7393 or Bob Lopez at 714-731-9009. Your favorable consideration is most appreciated. Thank you. Bob Lopez John Acosta Certified Public Accountant Former Vice Mayor & Councilman Robert Lopez Accountancy City of Santa Ana Jim Ward John Castillo Former Mayor Former President City of Santa Ana Santa Ana North Rotary Club Zeke Hernandez John Palacio President Trustee, Board of Education Santa Ana LULAC, Council 147 Santa Ana Unified School District Sam Romero Teresa Saldivar Logan Neighborhood Owner Representative Teresa's Jewelers Al Amezcua Jess Araujo Former President Partner Santa Ana Kiwanis Club Dimarco, Araujo & Montevideo Amin David Sal Mendoza President Emeritus Former School Board President Los Amigos of Orange County Santa Ana Unified School District 39A -14 sCm3C` ?3r, 39A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: RESOLUTION CALLING ON CONGRESS TO UPDATE SECTION 4 OF THE CIVIL RIGHTS ACT {STRATEGIC PLAN NO. 5, 1 E} CITY MANAqSR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 51 Reading ❑ Ordinance on 2 1a Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution calling on Congress to update Section 4 of the Civil Rights Act to enable the Department of Justice to review changes in voting laws that threaten the ability of citizens to cast a ballot for candidates of their choice. DISCUSSION The National Association of Latino Elected and Appointed Officials ( NALEO) Educational Fund is calling on Congress to pass a bill to restore the strength of the Voting Rights Act (VRA). The Voting Rights Act (VRA) was signed into law by President Lyndon B. Johnson on August, 6, 1965. The purpose of the VRA was to counter states' efforts to disenfranchise select groups of voters and to prohibit racial discrimination in voting. Since the initial passage of the Voting Rights Act in 1965, Congress has acted five times to expand the protections afforded by its provisions. The VRA was significantly weakened in 2013 when the Supreme Court ruled in Shelby County v. Holder that one of its central provisions (a process called "preclearance ") could no longer be enforced. Nearly seven million Latinos eligible to vote residing in jurisdictions that were previously subject to preclearance pre - Shelby County have lost proactive protections under the VRA. A NALEO Educational Fund report released in 2014 found that legislation similar to the recently introduced Voting Rights Amendment Act (HR 885) would restore protections to more than 4.5 million, or nearly two - thirds, of those Latinos residing in jurisdictions that were previously subject to preclearance. Without the Voting Rights Act in effect, millions of Americans may face discrimination on the basis of race or socioeconomic status. 55A -1 Resolution Calling on Congress to Update Section 4 of the Civil Rights Act April 7, 2015 Page 2 This year, the nation will celebrate the 50th Anniversary of the signing of the Voting Rights Act. The City believes that Congress should use this time to renew its commitment to protecting Americans from suppressive tactics aimed at disenfranchising eligible voters. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal # 5 Community Health, Livability, Engagement & Sustainability, Objective # 1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities), Strategy E (implement creative and innovative methods to increase voter participation during future election year (e.g. voter registration, mobile polling, polling station in city hall, partnering with the Orage County Registrars Office, etc.). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit 1: Resolution 55A -2 Jxs04 /01/15 RESOLUTION NO.2015 -XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING ON CONGRESS TO UPDATE SECTION 4 OF THE VOTING RIGHTS ACT WHEREAS, the Voting Rights Act was signed into law by Congress and President Lyndon B. Johnson in 1965, effectively banning racial discrimination in voting practices by the federal government as well as state and local governments; and WHEREAS, the Voting Rights Act was a groundbreaking civil rights legislation which ensured that millions of Americans would be given equal access to the ballot, thus guaranteeing that millions of minority voters would have their voices heard and votes counted; and WHEREAS, on June 25t', 2013, the U.S. Supreme Court ruled in Shelby County vs. Holder, that Section 4 (b) of the Voting Rights Act, the formula used to determine "covered jurisdictions" that must submit any changes in voting procedure to federal authorities for pre - clearance, is unconstitutional; and WHEREAS, the "covered jurisdictions' consisting of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia will be free to change their voting laws without federal pre - clearance; and WHEREAS, by striking down Section 4 (b) of the Voting Rights Act, there is no longer a mechanism in place to prevent states with a history of voter disenfranchisement based on race or ethnicity from enacting discriminatory laws; and WHEREAS, by striking down Section 4 (b) of the Voting Rights Act, there is no longer a mechanism in place to prevent states from passing discriminatory laws that will unfairly target racial and ethnic minority voters; and WHEREAS, these discriminatory practices are carried out in various forms, including, but not limited to, proof of citizenship for voter registration, restrictive voter ID requirements, voter purges, and discriminatory redistricting; and WHEREAS, until Congress acts to create a new formula, no jurisdictions are required to obtain pre - clearance from the federal government for any changes to election laws or procedures, thereby allowing the voting rights of millions of Americans to be put at risk; and Resolution No. 2015 -xxx Page 1 of 3 55A -3 WHEREAS, the City of Santa Ana is home to a diverse community and is against all forms of discrimination in voter laws: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana urges Congress to restore the Voting Rights Act, specifically, the pre - clearance requirements for those jurisdictions that have a history of enacting discriminatory laws. ADOPTED this day of , 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose stant City Attorney Miguel A. Pulido Mayor 55A -4 Resolution No. 2015 -xxx Page 2 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be an original resolution adopted by the City Council of the City of Santa Ana on Date: 55A -5 Maria D. Huizar Clerk of Council City of Santa Ana Resolution No. 2015 -xxx Page 3 of 3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: DISCUSSION AND DIRECTION ON ASSEMBLY BILL 1217 (DALY) REGARDING ORANGE COUNTY FIRE AUTHORITY GOVERNING STRUCTURE CITY MAN "ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on lot Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Discuss and provide direction to staff on Assembly Bill 1217, which would require the Board of Directors of the Orange County Fire Authority, a joint powers agency, to consist of thirteen members, each serving a two -year term. DISCUSSION Assembly Bill 1217, introduced by Assemblyman Tom Daly (D- Anaheim), would modify the composition of the Orange County Fire Authority (OCFA) in a manner that is similar to the Orange County Transportation Authority. The bill would require the Board of Directors of OCFA to decrease the number of directors to thirteen; three of which would be County Board of Supervisors, and ten city members, two from each supervisorial district. The bill would go into effect January 1, 2018. The current composition of the OCFA Board of Directors is determined by the joint powers agreement that created the authority, as amended. The OCFA Board of Directors has twenty -five members; two of which are County Board Supervisors, and twenty -three member agencies. Each member agency also appoints an alternate to act in each director's absence. Each director and alternate serves at the pleasure of his or her governing board. Under the language of the proposed bill, the City of Santa Ana would not lose its representation on the Board as there are currently only two member agencies in Supervisorial District 1. Also, the City is likely to retain a seat due to its population. Supporters of the bill state the intent is to stabilize the makeup of the OCFA Board of Directors. Currently there are twenty -five members and twenty -four alternates, which means any mix of 65A -1 Discussion and Direction on Assembly Bill 1217 April 7, 2015 Page 2 forty -nine people could be present for any board meeting. This is argued to be more critical when issues are debated over several meetings. Opponents believe that reducing the size of the OCFA Board of Directors by eliminating the representation of all member cities will impair the terms of the joint powers authority that created OCFA and unreasonably disadvantages some cities currently represented on the board. Of particular concern is that five cities would be virtually guaranteed seats (Buena Park, Irvine, Placentia, Santa Ana, and Westminster), while other cities would have to jockey for the remaining five seats. The bill does not account for the fact that the number of cities in each district is not equal. The bill also fails to specify how the three supervisors are to be selected; by the Board of Supervisors or via the OCFA City Selection Committee created by the bill. The committee itself is not comprised of any supervisors. FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit 1: Assembly Bill No. 1217 65A -2 CALIFORNIA LEGISLATURE - 2015 -16 REGULAR SESSION ASSEMBLY BILL No. 1217 Introduced by Assembly Member Daly February 27, 2015 An act to add Section 6538 to the Government Code, relating to joint powers. LEGISLATIVE COUNSEL'S DIGEST AB 1217, as introduced, Daly. Orange County Fire Authority. Existing law authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. Existing law authorizes the board of supervisors of any county to contract with any local agency within the county or with the state for services relating to the prevention and suppression of fires. This bill would, as of January 1, 2018, require the Board of Directors of the Orange County Fire Authority, a joint powers agency, to consist of 13 members, each serving a term of 2 years. The bill would create the Orange County Fire Authority City Selection Committee to select 10 of those board members from cities that contract with the authority for fire protection services, as specified. The bill would additionally require 3 of the members of the Board of Directors of the Orange County Fire Authority to be members of the board of supervisors of the County of Orange. This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Fire Authority. Vote: majority. Appropriation: no. Fiscal committee: no. State- mandated local program: no. m Exhibit 1 65A -3 AB 1217 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 MM The people of the State of California do enact as follows: SECTION 1. Section 6538 is added to the Government Code, to read: 6538. (a) Notwithstanding any other law and notwithstanding the provisions of the joint powers agreement governing the Orange County Fire Authority, on and after January 1, 2018, the Board of Directors of the Orange County Fire Authority shall be composed of 13 members, as follows: (1) (A) (i) One member from each of the five supervisorial districts of the County of Orange, elected by the Orange County Fire Authority City Selection Committee on a population weighted voting basis. (ii) One member from each of the five supervisorial districts of the County of Orange, elected by the Orange County Fire Authority City Selection Committee on a "one city, one vote" basis. (B) A city that is within more than one supervisorial district shall be considered part of the district where the highest percentage of the city's population resides. Under this circumstance, the entire city's population shall be used for population - weighted voting purposes. (C) Members elected pursuant to this paragraph shall be a mayor or a city council member of a city within the County of Orange, and shall serve for a term of two years. A member elected pursuant to this paragraph whose term on the city council or as mayor ends shall also cease to serve as a member of the board. (D) The Orange County Fire Authority City Selection Committee shall consist of either the mayor or a member of the city council of each city that contracts with the Orange County Fire Authority for fire protection services. (2) Three members of the board of supervisors of the County of Orange, selected by the board of supervisors, to serve a term of two years. (b) Any member of the board serving as of the effective date of this section shall continue to serve until January 1, 2018, or until the expiration of his or her term, whichever is sooner. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California 65A -4 99 -3— AB 1217 Constitution because of the challenges faced as a result of the current governance structure of the Orange County Fire Authority. p 65A -5 99 65A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE; PARK SECURITY UPDATE AND STAFF RECOMMENDATION TO ENSURE CONTINUED SECURITY {STRATEGIC PLAN NO. 1, 1; 2} ////', Z, 4 L7ct.v,, zo CITY MANAGER RECOMMENDED ACTION 1. Receive and file park security update. CLERK OF COUNCIL USE ONLY: r_12:21061714 , ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 2. Approve staff's recommendation to ensure continued park security. DISCUSSION The purpose of this staff report is to provide an update on City park security and staff's recommendation to ensure continued public safety in City parks. The 60 -day cap transition period approved by the Mayor and City Council ends in April and as such staff seeks approval of the recommendation to ensure park security. At the City Council meeting on February 3, 2015, the Mayor and City Council provided the following direction: • Continue the existing Park Ranger Program (pending letter from CaIPERS) • Seek an opinion from CaIPERS on retired annuitants • 60 -day cap transition period • Start new Park Ranger Program recruitment • Police Department to oversee the new Park Ranger Program As directed by the Mayor and City Council, City staff wrote a letter to the California Public Employee Retirement System (CaIPERS) on February 3, 2015 (Exhibit 1). The letter as written seeks an opinion from CaIPERS as to the ability of long term Park Ranger retired annuitants to legally continue employment with the City. Currently, four Park Rangers are the sole remaining CaIPERS retired annuitants in the City. The City did not receive a response from CaIPERS and as such sent a subsequent letter on March 16, 2015 (Exhibit 2). Unfortunately, the City has not received a response from CaIPERS as of the date of this item. 6513-1 Park Security Update and Staff Recommendation to Ensure Continued Security April 7, 2015 Page 2 The City Attorney, Risk Manager and City Manager have collectively reviewed and concluded that both the City and the appointed Park Rangers could be in violation of CalPERS rules prohibiting retiree annuitants from continuing to work for a CaIPERS agency while receiving PERS retirement benefits. The Park Rangers and /or their representatives have argued that the rules do not apply to them, but based on the City's research and the opinion of several attorneys who advise public agency's staff believe that the most prudent approach is to stop employing PERS retirees, unless they clearly fall within an exception for employment. The City's Personnel Services Agency has performed extensive outreach efforts to ensure the City receives a highly qualified pool of Park Ranger candidates. The outreach efforts include contacting law enforcement retiree associations, community colleges, police academies, criminal justice programs, former police recruit candidates, and law enforcement associations. As of the date of this item, the recruitment process for the new Park Rangers has resulted in the following: • 68 applications received thus far • 11 applicants passed initial screening and referred to the Police Department • The Police Department is scheduled to conduct oral interviews on April 2nd • Physical agility tests are scheduled for April 11th The recruitment for new Park Rangers will remain open and continuous with no scheduled closing date. Based on the Police Department's extensive background review process, it is estimated that the hiring of new Park Rangers may take between six to nine months to complete. As of the date of this item, no new Park Rangers have been hired. STAFF RECOMMENDATION Given that the City has not received a response from CalPERS and because the current Park Ranger separation notices (Exhibit 3) will take effect on April 18, City staff recommends the following measures to ensure continued public safety in City parks: • Provide 100 hour weekly coverage solely dedicated to public safety in the parks. The 100 hour weekly coverage will be as follows: • Full -time Police Dep. Park Liaison Officer' 40 hours • Non- CalPERS annuitant Park Ranger 20 hours • Police Overtime 40 hours • Continue to recruit and fill the Park Ranger positions • Patrol officers to cover off hours as they do now ' Prior to the Police Department creating a Park Liaison Officer, the Parks, Recreation and Community Services Agency provided 100 hours per week of Park Ranger coverage. 65B -2 Park Security Update and Staff Recommendation to Ensure Continued Security April 7, 2015 Page 3 Officer overtime to include Mounted Patrol and any other resources deemed necessary Funding will be a combination of police department general fund monies and Park Ranger monies to be allocated to the police department. Staff recommendation mitigates the City's CalPERS liability and provides continued park security coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety) and Goal #2 Youth, Education and Recreation. FISCAL IMPACT Funding is included in the current FY2014 -15 Police Department and Parks, Recreation and Community Services Agency budgets. There is no fiscal impact associated with this item. °I ,1 Carlos Rojas Chief of Police Santa Ana Police Department E w S. Raya jN Executive Director Personnel Services Agency Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Attachments: Exhibit 1 - City letter to CalPERS dated February 3, 2015 Exhibit 2 - City letter to CalPERS dated March 16, 2015 Exhibit 3 - Park Ranger Separation notice dated February 5, 2015 L• MW Lt m I MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F, Sannlento COUNCILMEMBERS Angelloa Amezoua P, David Benavldes Whole Martinez Raman Rayne Sal Tinajero February 3, 2015 CalPERS Benefit Services Division P.O. Box 942716 Sacramento, CA 94229 -2716 Re: Retired Annuitants Dear CaIPERS Representative EXHIBIT #1 CITY OF SANTA ANA PERS014NEL SERVICES AGENCY 20 Cift Center Plaza a P.O, Box 1 SW $ ante Ana, California 82702 022 enta•ana.ora The City of Santa Ana has maintained staffed in large part by retired CaIF specialized skills needed to perform annuitants have not exceeded the 9e fiscal year, The City is contemplating retired annuitants under the provision€ by Assembly Bill (AB) 1028. On Febrt directed staff to seek an opinion froj annuitants to legally continue their pail CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marls D. Hulzar I Park Ranger program for over 20 years, The program Is -'-RS annuitants who, as former Police Officers, have the duties necessary to ensure public safety. These I hour limit retired annuitants are allowed to work each modify the program due to the restrictions imposed on of Government Code (G,C,) section 21224 as amended �ry 3, 2015 the Santa Ana City Council in a formal action I CIBIPERS as to the ability of these long term retired time employment with the City of Santa Ana. Please respond in writing that the co tinued appointment is allowable under the provisions of Government Code (G.C.) section 21244 as amended by Assembly Bill (AB) 1028 and that the retired annuitants may serve the City o Santa Ana without reinstatement from retirement or loss or interruption of benefits provided by aIPERS, Should you have questions, you can contact me at (714) 647 -5372 or reach me via email at eraya(@santa- ana.org. Sincerely, �dward S. Raya Executive Director Personnel Services', SANTA ANA CITY COUNCIL MiguelA Pulldo Vlnuanl F. Barmiento Michele Martlnez Anpellaa Amezoua P. David aenavidae Raman Rayne Sal'remiero Mayor Mayor Pre Tem, Ward I Wend 2 Ward 3 WPM A Ward 6 Ward 6 ajQ jg2dojcp,.- enee,r, vaemlerlalialint"naca IJgTertlia +Rea ae -a P:tlra Pa0azaU2aeQL'ane,aC13 ODMUlai i l ,e � MAYOR Miguel A, Pulldo MAYOR PRO TEM Vincent F. Sannlento COUNCILMEMBERS Angallca Amexcua P. David Sanavides Michele Martinez Roman Rayne Sal Tlnejem March 16, 2015 CaIPERS Benefit Services Division P,Q, Box 942716 Sacramento, CA 94229-2716 Re: Refusal Annuitants EXHIBIT #2 CITY'' OF SANTA ANA PERSONNEL SERVICES AGENCY 20 Civia Center Plaza a P,O. Box 1988 Santa Ana, California 92702 yyypy penta.ana.Ora Dear CeIPERS Representative: CITY MANAGER David Cavazos CITY ATTORNEY Sonla R, Carvalho CLERK OF THE COUNCIL Marla D, Hulzar On February 3, 2015 the City of Sarita Ana sent the attached letter seeking clarification on whether retired annuitants who the City employs as Park Rangers can continue as employees of the City of Santa Ana under the provisions of Government Code (G.C.) section 21224 as amended by Assembly Bill (AB) 1028. To date, we have not received a response to our inquiry and we again ask that you respond in wrifing: to our request for clarification. Should you have questions, you can eraye0santa -ana. ora. Sincerely, Edward S. Raya Executive Director, Personnel Services Miguel A Pulldc Vincent F. Sermlenlo Mayor Mayor Pro Tom, Ward 1 vearmleniwasemasna ora me at (714) 647 -5372 or reach me via email at SANTA ANA CITY COUNCIL Michele Marenez Angellca Amamua Wam 2 Ward 3 1 eamozcuaasards4na.nm y 65B -7 P, David 9anavideo Roman Rayne Sal Tlnaiem Ward Ward Wards navldae ®aanlaana.ora MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F, Sormlonto COUNCILMEMSERS Angellea Amezoua P. David Beravides Michele. Martinez Roman Reyno Sal Tinajero February 5, 2015 .RE, Park Ranger Pest'l Dear M� EXHIBIT #3 CITY OF SANTA ANA 20 Civic Center Plaza • P,O, Box '1088 Santa Ana, California 02702 www Santa -ana ore CITY MANAGER David Cavazos CITY ATTORNEY SonlA R. Carvalho CLERK OF THE COUNCIL Marla D. Huizer Pursuant to the action taken last night by the City Council the layoff notice which would have been effective dated February 18, 2015, is hereby rescinded. Please be advised that as directed by Council, City staff is seeking an opinion from, CalPERS regarding the legality of your continued employment and as such, has stayed any final decision regarding your employment for a period of 60 days or April 18, 2015, however a decision issued by CalPERS may require the City to modify that date. Sincerely, L�- Gerardo Mouct Executive Director Parks, Recreation and omnunity Services SANTA ANA CITY COUNCIL Miguel A. Pulldo aaaaara P. salmundo M10hold MOoloaa Angelico AdlaReua P, naad aallavldob Korean Rayne ail Teinjum Mayor Mayer PYd Tmn, Wafd1 Wordy Ward Waldo Ward Ward Idp�gidn(@aaalae t0 d(g .YBafIlllgl.U�btl IItlOFl0 nf0 aYlllafgllaa®aaNa ^ada.dP4 bninasa w((llnnl lnniln�)id j1l},pd�d6Nitd ®611adf1lLbYq Yfg;,r�a((Htlan1 @-OIL aP9 ag061f2f,�sa919 y 65B -9 65B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended PUBLIC HEARING - COMMUNITY [I El Reading El O Ordinance on DEVELOPMENT BLOCK GRANT [I 2n Ordinance on tl Reading PROGRAM FISCAL YEAR 2015 -2016 ❑ Implementing Resolution (STRATEGIC PLAN NO 2,2; 2,4; 5,4; 5,6) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 10"1 RECOMMENDED ACTION 1. Approve the proposed Fiscal Year 2015 -2016 Community Development Block Grant Program; 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with various city departments and agreements with nonprofit agencies awarded funds as part of the approved program, subject to non - substantive changes approved by the City Manager and City Attorney. FINANCE, ECONOMIC DEVELOPMENT, AND TECHNOLOGY COMMITTEE At a Special Meeting on March 18, 2015, the Finance, Economic Development, and Technology (FEDT) Committee received a presentation on the Community Development Block Grant Fiscal Year 2015 -2016 Funding Process and Recommendations. Committee members discussed the need for the Small Business Incentive Program to include businesses that are within the first three years of operation. In response to committee member request for information, the following are statistics for the Santa Ana Police Department Homeless Evaluation /Assessment Response Team (HEART) Program: Since the implementation of HEART in 2012, staff has contacted over 1,100 individuals, enrolled 743 for services, and successfully connected 445 with necessary services. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting of February 11, 2015, the Community Redevelopment and Housing Commission (CRHC) directed staff to transmit funding recommendations for fiscal year 2015- 2016 Community Development Block Grant public service programs to the City Council by a vote of 4:0 (Leon abstained) for the Public Law Center, and 5:0 for all other nonprofit organizations (Exhibit 1). 75A -1 CDBG Program FY 2015 -2016 April 7, 2015 Page 2 DISCUSSION The City of Santa Ana ( "City ") receives an annual allocation of Community Development Block Grant (CDBG) funds from The United States Department of Housing and Urban Development (HUD) to improve low to moderate - income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including housing, street improvements, parks and public facilities improvements, social /public services, economic development and code enforcement. The City's CDBG allocation for fiscal year 2015- 2016 is $5,434,375, approximately two percent lower than the current year 2014 -2015. A maximum of fifteen percent of the CDBG allocation may be used for public /social services. Since fiscal year 2009 -2010, the entire public service allocation was utilized to fund city administered programs. Direction was given by City Council to release a portion of the available funds to nonprofit organizations for fiscal year 2015 -2016. Applications were developed to award $340,000 of CDBG funds to experienced nonprofit organizations for the provision of public services for the period of July 1, 2015 through June 30, 2016. The established minimum funding amount per grant was set to $30,000. Marketing efforts to reach nonprofit organizations regarding the availability of funding included a dedicated CDBG webpage, Nixle and Facebook announcements and the mailing of a flyer. In addition, CDBG trainings were conducted to inform nonprofit organizations of the federal and local grant requirements. A total of 106 organizations were represented at the trainings and of those organizations, 37 applications for funds were received, of which 35 met the requirements of the grant. The Community Redevelopment and Housing Commission (CRHC) rated the 35 viable applications and heard presentation from representatives of the nonprofit organizations at a public hearing on January 14, 2015. Staff compiled the ratings from the commissioners and ranked the organizations. At its regular meeting on February 11, 2015, CRHC recommended funding of the top ten organizations. The rating results and recommended funding amounts are summarized in Exhibit 1. The recommended funding amounts for the nonprofit organizations equals $340,000, with the exclusion of the Orange County Fair Housing Council, which will be funded out of program administration, as in previous years, and as allowable by CDBG regulations. City administered public service programs will not receive a CDBG allocation equal to current year 2014 -2015 funding, due to the funds that will be granted to nonprofit organizations, and due to the CDBG HUD allocation decrease for fiscal year 2015 -2016. A General Fund allocation of $358,872 will be set aside for the city administered public service programs to supplement the loss of these funds. Two of the programs will receive General Fund and two others will receive a combination of General Fund and CDBG. The proposed fiscal year 2015 -2016 CDBG program and budget (Exhibit 2) consists of the CRHC's funding recommendations for nonprofit public service programs and staff's funding recommendations for program administration, code enforcement, economic development, capital improvements, city administered public services, and housing programs. If this item is approved, 75A -2 CDBG Program FY 2015 -2016 April 7, 2015 Page 3 staff will prepare and execute agreements with nonprofits for the period of July 1, 2015 through June 30, 2016 (Exhibit 3). The City Council public hearing provides an opportunity for public input and the completion of the process necessary to submit our locally approved program to HUD as part of the Annual Consolidated Plan. The plan must be submitted to HUD by May 15, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #2 (Youth, Education, Recreation), Objective #2 (Focus resources on quality youth engagement, enrichment and education programs through community center, libraries and after - school programs during out -of- school hour), Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents), and Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #4 (Support neighborhood vitality and livability), Objective # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funding for the program will be available in the Community Development Block Grant accounts (no. 13518780, 13518781, 13518782, 1351873) upon execution of a grant agreement between the City and HUD. Community Development Agency KR/SS /SV /sb APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. CRHC Public Service Recommendations 2. Program Recommendations 3. Nonprofit CDBG Agreement 75A -3 75A -4 Community Redevelopment and Housing Commission (CRHC) Nonprofit Public Service Recommendations Community Development Block Grant (CDBG) 2015 -2016 * Orange County Fair Housing Council is excluded from the calculation of $340,000 for nonprofit organizations and the 15% Public Services Cap. Funding will be from the 20% Administrative Cap as allowable by CDBG. ** Nonprofit organizations with 0 in the recommended action are not recommended for funding. EXHIBIT 1 75A -5 Minimum CRHC Funding Funding Recommended Rank Score Or anization Type of Service Re uested Re uested Fundin KidWorks Community Child/Youth Tutoring & Family 1 94.0 Development Corporation Workshops $75,000 $45,000 $ 56,000 Child/Youth Mentoring & 2 1 93.8 America On Track Family Workshops $50,000 $30,000 $ 30,000 Council on Aging - Orange Senior /Disabled Healthcare 3 93.5 County Enrollment $75,000 $30,000 $ 35,250 4 93.3 WISEPlace Homelessness Transition $30,000 $30,000 $ 30,000 Child/Youth Domestic Violence 5 91.0 Human Options Awareness $33,8051 $30,000 $ 30,000 Orange County Fair Housing 6 90.3 Council * Fair Housing Education $69,000 $67,000 $ 65,964 Youth Tutoring & Family 7 90.0 The Cambodian Family Workshops $50,000 $45,000 $ 45,000 8 89.3 Public Law Center Tenant Legal Assistance $40,000 $30,000 $ 33,750 9 89.3 Boys & Girls Club of Santa Ana Child Education & Enrichment $75,0001 $50,000 $ 50,000 Orange County Children's 10 88.3 Therapeutic Arts Center Child/Youth Music Education $75,000 $30,000 $ 30,000 11 87.5 Mercy House Living Centers Homeless Prevention $50,000 $30,000 0 Big Brothers Big Sisters of 12 87.0 Orange County Youth Education $75,000 $30,0001 0 Orange County Community 13 86.5 Housing Corporation Youth Education $75,000 $30,000 0 14 86.3 Illumination Foundation Child/Youth Education $50,000 $30,000 0 15 85.8 Serve the People Food $46,000 $30,000 0 Achievement institute of 16 85.8 Scientific Studies Youth Education $75,000 $50,000 0 Goodwill Industries of Orange 17 85.5 County, Inc. Employment $60,0001 $50,000 0 * Orange County Fair Housing Council is excluded from the calculation of $340,000 for nonprofit organizations and the 15% Public Services Cap. Funding will be from the 20% Administrative Cap as allowable by CDBG. ** Nonprofit organizations with 0 in the recommended action are not recommended for funding. EXHIBIT 1 75A -5 75A -6 Minimum CRHC Funding Funding Recommended Rank Score Organization Type of Service Requested Requested Funding Girls Incorporated of Orange 18 84.5 County Youth Mentorship $41,744 $35,000 0 OncOC - Children's Health Child/Youth Healthcare 19 84.0 Initiative of OC Enrollment $70,000 $50,0001 0 Career Beginnings of Orange 20 83.3 County Youth Education $32,100 $30,100 0 21 82.0 TKO Youth Foundation Youth Recreation $30,000 $30,000 0 Gay & Lesbian Community 22 81.5 Services Center of OC Senior Recreation $35,000 $20,000 0 Consumer Credit Counseling Housing and Financial Literacy 23 80.8 Service Orange County Education & Counseling $65,000 $30,000 0 The Orange County Center for Youth Mentoring & Art 24 79.8 Contemporary Art Education $53,347 $45,000 0 Charitable Ventures of OC - Released Offender Case 25 79.3 Project Kinship Management & Referrals $75,000 $30,000 0 26 78.8 The Heart of Delight Homeless Services $45,000 $30,000 0 27 78.3 Padres Unidos Parent Education $71,283 $32,891 0 28 78.0 Relam a o del Cielo Inc. Youth Art Education $36,600 $30,000 0 29 77.0 Delhi Center HIV /AIDS Program Resources $50,0001 $30,000 0 Valley Falcon Aquatics 30 74.3 Foundation, Inc. Youth Recreation $30,000 $30,000 0 Assistance League of Santa 31 72.0 Ana Child/Youth Oral Health $65,000 $30,000 0 AIDS Services Foundation of 32 70.3 Orange County Food Pantry $40,000 $40,000 0 33 65.3 The Villa Center, Inc. Drug and Alcohol Treatment $32,730 $30,000 0 34 65.0 Fair Housing Foundation Fair Housing Education $67,517 $60,0001 0 Charitable Ventures of OC - 35 57.0 Child Creativity Lab Youth Education $30,626 $30,000 0 75A -6 CDBG FUNDING PLAN FY r APPROVED REQUESTED RECOMMENDED GENERALFUND PROGRAM FY 14 -15 FY 15 -16 FY 15 -16 SUPPLEMENT ADMINISTRATION & PLANNING 1,020,911 $ Administration and Planning $ 1,044,520 $ 1,044,520 $ Fair Housing Council of Orange County $ 67,517 $ 67,517 $ CODE ENFORCEMENT 75,000 $ Community Preservation Code Enforcement $ 850,990 $ 799,555 $ Community Preservation Legal Services $ 48,925 $ 50,000 $ ECONOMIC DEVELOPMENT New Business Start-Up PUBLIC SERVICES PD -HEART Program PD -PAAL Program PRCSA- Library Tutors PRCSA- Project Pride PRCSA- Senior Meals KidWorks CDC America On Track Council On Aging WISE Place Human Options The Cambodian Family Public Law Center Boys & Girls Club of Santa Ana OC Childrens Therapeutic Arts Center $ 391,400 $ 75,000 $ 48,374 $ 279,575 $ 269,095 $ 159,585 $ 77,398 75,000 301,941 349,040 164,949 80,000 75,000 50,000 75,000 30,000 33,000 50,000 40,000 75,000 75,000 $ 1,086,875 1,020,911 $ 65,964 Pacific Electric Park Construction $ 849,555 $ 1,460,234 799,555 1,460,234 Park Improvements 50,000 75,000 $ 500,000 75,000 $ 1,053,443 815,155 1,500,000 $ 2,121,296 $ 48,374 202,257 $ 77,318 195,500 $ 73,595 $ 159,585 77,398 56,000 30,000 35,250 30,000 30,000 45,000 33,750 50,000 30,000 CITY CAPITAL IMPROVEMENTS $ 4,227,790 Pacific Electric Park Construction $ 1,053,444 $ 1,460,234 $ 1,460,234 Park Improvements $ 500,000 Residential Street Improvements $ 1,053,443 $ 1,500,000 $ 2,121,296 Sidewalk Improvement $ 96,260 $ 96,260 Neighborhood Sponsored Improvements $ 50,000 $ 50,000 HOUSING $ 1,320,000 Single Family Rehab -City $ 489,250 $ 700,000 $ 700,000 Multi Family Rehab $ 489,250 $ 500,000 $ 500,000 Homebuyer Down Payment Assistance $ 117,420 $ 120,000 $ 120,000 TOTAL $6,440,186 $7,937,016 $ 8,374,375 $ 358,872 (Genera /Fund) CDBG ALLOCATION $ 5,560,186 $ 5,434,375 $ 5,434,375 CDBG RE- ALLOCATION - AVAILABLE $ 880,000 $ 2,940,000 $ 2,940,000 SURPLUS /(DEFICIT) $ (0) $ 437,359 $ - ADMINISTRATION CAP 20% OF ALLOCATION $ 1,112,037 $ 1,086,875 $ 1,086,875 ADMINISTRATION PROPOSED $ 1,112,037 $ 1,112,037 $ 1,086,875 SURPLUS /(DEFICIT) $ 0 $ (25,162) $ - PUBLIC SERVICE CAP 15% OF ALLOCATION $ 834,027 $ 815,155 $ 815,155 PUBLIC SERVICE PROPOSED $ 834,027 $ 1,473,930 $ 815,155 SURPLUS /(DEFICIT) $ (0) $ (658,775) $ 0 EXHIBIT 2 75A -7 v `a H 0 a` b H u1 ti O N L. LL V m U 75A -8 a C @ C @ c w N d y R 2 '> 'NA C Q C N C d C O a N o O R�E0E c -0�.2 o E n @ d O 3 '-00 O > N m '0 a E = U E O. c U,& C C @ w Q U N @ C LL +t5 E c `r• O d o O N V O O > y U O O L E N c N O d C Q a N d Q C U ( U. N U d N j G 01 O O E U 9 C C LD c adi LL m m E E d o E @ U c U N m r EEo '.' U 0 0 U w U w N N t U a Q@ N 'C G I c a o c n y d fl w o °oaai� Eye C C € N U @ v 0 'O O d o y m U > E E 6l0 N N C N N N °. N 75 y C 2 CD a a EC E'- v f` c E m o v m o c_ c N N S - U a �2 �R U N c o a c E p c@ w c Co ID @ y m .L... O Q C d N c a y rti. O) C 0 o�E,Z U E •r >o'Zcaoo d a ° 2 n y y d a �a O> d cc 2 y — E LL o o @ 3 Q @ 0 0 d 2 Q U �' E o @ E m @ Ec a�i O >� C O C N U) C O) 0 ° c a c - L @ N O m Udfn t C 0 L O O w F H N d R U F U O d y (D 76 c r V R 1� V ! a o 0 in z z @ m@ Q _ U @ N V C N co E @ E U 0 0 p U- O o m U o 'm 'o N :� o� U U A Q O U LL U O a; E H mw U-c 2 � rn d c c C E N 0 'O Q c N N U c (7 C us U c @ IL M rR. ° LU w Q w U l 2 75A -8 0 N d y R C d Oy C O a N o ,J O_ d - C C . 3 w � a R y a a m E C @ w Q O C7 > > N LL O O L c O. d d N j G O c adi c -E L c E @ U c O R 2 2 U w N N t U a CD a r : m �+ O m c � O @ 0 d N @ c N N O N 088 �E O N n> M > o (D cl U > O R C w R C N 5.9 30 2 CD a a C c y @ o a A v -cc c N N S U N c o a c E p c@ w c E t E 4 o a N c O 9 L 'd C Q C O y U � V d c V d a �a L6 v� z° c O Q U iC a C d C O R U) C O) 0 ° c a c - L @ N O m Udfn w F C C U 4i o N •� N d y (D 76 d R C o d E w -d° m ° C s O d d U LL U W J 75A -8 0 0 3 w � R y C7 > > N LL U c adi d d C w c N N C N C d O 9 y U � d O � N O c U O C O d O` U N O E 9 V d d R C d s E . O @ N N D .y O ca N O Z N h c0 CD N c @ d U m Eo o � U _ Q w R @ 12 o o c O a N Q O R 2 ID C N O V � c M @ �a �rj 0 f/J Z c Q I O Q .. o (%3 n U v n. TE _ ° E C C O N N d N O O U U U Q W 0 E d y R - H CO a` y Z N m r>-.. IL E v U 5 v a Q a` b ti u1 N W. W. V m 0 75A -9 0 N y LC' U m N W w C C L Q > 0 i0 R E "' Y t6 U C > v O E O� R O ~ }� 0` OI O U C/) '2 E m y EU °p� a"mi N EC o c� E'ycn `m - ? p ,� d a N L O R '- y N p N w R U1 R C m E U 7 0_ R C U a N U) U N .m N N N O N N C E C Q O T C '�' U 0 E J d a m j V U E C:J N E W— O U O w C E N 'm R c C O m O O O 3 a Q .'� O) O n c R d' V W w N m 0 N N^ 3 M'y0 m Q U) n c> O NL TJ.v .2 wV5 0 M N U z- , nL O) O mO ° m Q O O f� o m 3 v E m m C m N V O O u N N N N mp R C c N a+ E— C U:i N O �r "EO O_•C w, R A p n O( LL E O R C R O E> C NL�J L db E ON p r L 4 E g o °' N p N E m U m 0 L° m a)—o p t0 a 2 m ° ' ia L ` p q o d 0 d N n 0 > E E$ nL U m N w p C N •1- L E _ n$ ¢ c" a) 3 3 z mo Ev 'o o n EHCA ' ZZ m N o 2 c — V 75 m E a) O N O LL U N y n R O O U CO a 0 O N m w tTR 6 O ,_I c U 0 c m .. • ^N. O Q R R a R c N ._ m N > c E5.0 m N_ co c 0 U) 0 O > m m 0 d w H .0 L 'J N rm+ 'C G O� CE6 N •"c- -' N 7 —!. N� L U U) :p R U Q O MU) Q� �� O y E 3 C R N c y C p Q1 0 c E m E C c '� w N "' qR1 U C m NE n?QZ' CwR 0N' a dinE>,m T c R t0 3 E c O R T U C N L O N N N a a = m LL 0 C U m m m N d y N C R R w E m R U a C N Q W N O W w N O O R E Z CL L O N E L ` R N a y c L E N� L ` U n00 M mN M N C E 3 Fa o'N �'` O d n E y O. R LU .>Za E (D EZ LU m R.c x m 0 o aOn ca co > o p 0 Q L C Cl N N = 3 � N O <6 42 O = .4) > 2 L c L c Q E m O N Q m Up m U LL U R n R 2 L U H ... O •d m N N N GOO N N' N' a N o Z 0 Z 0 Z 0 Z 0 Z O e 0 e 0 ca a 'e0-s. U ca e 0 �` U cc e y00. �+ U iC m m m N c N m d c O mm fJ c n c a c c) E Q c O E ¢ E Cl) CO E NR U ^ Ni m E O �O 0 00 y N V U0 NQ'' YU U U a itM O M C R C L`� )a Ua Ud Ua. mw Ud mU)0• Ud N d E U .> Q n N N aa¢ ox o y c c N E y m o Q �`p d m N a O m c c 0- Q U O L 0 3= E = C a E >2 -a)FLQ mrn .E m api 0 O > N N= 2d W Q2'� m .L-. m U)QJ C O C O` O` N 0 A Qx ma d 75A -9 v Q a O a ti h 0 N W ca ca Q v 75A -10 - o a morn =o c °`R ani33•RO N �'n c U Z,E c 3 O E LTT U Y d f`O C L 9 C C L` O> (D n C C O E R CCCR E N .4 -. N n 5 V n c OE 4) E j O c 0 t .•R= CD ~V O N O "O D N O .O - L d E 2 0 E O Z Q 7S 15 pp N . p R w 0 n E O C O G = O R E N (n w 2 E 4 L y n 3 m m ° o m °n cco o' V N d R R an d L C 2 N R c O rn c O O .o U c 5 E `" i4 `o ° w O O '� a V W a E L N O F N c N W C n d O R U '15.s (n N R 4) @ E °- vi E g o o c N 4—yi R E Q y Q y E 2 y ENom° N R R O wN N O ¢ U C N N O N C � Q 0 N 4) E m - �O - I C R a_. n° N 2 N c N iO A E C N R N -oi� N N cE cm"° EE p >m 3ayi oLL'3R R 4Nio t2 U w C_ T O c O $°� O O E- D O_ n E y N C O �• 4) C c N "O n E U �„� - N ?i R L E= Of d R N R a O R N 3> O p y c °- O a rn O N c N d 'RO O-° co a c p c w R -O n O U y O C O a R N n c R O N V M N cJ O L vi R .- d U V n c L O y L1 X ? U c C 0 0 p_ v> y we U N C° Q N l0 E �� R Y C R 0.- p O m c R n y err... � E R E O 3 c 3 —_ S N c n E N c N .00 '° E M R c z E :L o `m w° > n E o R w e CD -o o tom y oL y C M � F N f_ N y 0 4) --. m E I R N= w O Cn .L.,, C_ '° R d 0- m -O R OI U CA c o N U O. O N O c U 'j R C> > U "NO R d m U m o o N� n n �i ''m 2� c - O aai O a�ci o a - T .� T C 32 U N O C E Y E _ .3�- y cL N �¢ C E E V R> N Q E .R+ m R R R E ¢ U N L H L n �.3 c R m y mL a N ¢ I-- D r°n�U c yL E �c E 3 -5@ o�R wv°�i mrn pjaOUR..E �a Nc u'c .� `CO U C N N d C O` N oc' E (D (D Q_ U ._ o o. C> c c v E w :°- °"LO . m n d :°- m U 3 ¢ v N O E R N 4) U E L m 0 R E L m O` Q C9 o U O O 3 G Y w T m w ¢ a N m 5 n H R T H R a o m E./ •� R N R N N (U "O CO "O m R N "O V, R N R N N N N L6 L6 L!') N Lf) N N �a • 7d z° z° z° z° z° z° z° z° z° G (n V m CA cam, C N .R✓ N a N C-� F Q 3 0 a U U E U .� E• O Y .� c ° U m O E 0 CD R¢ U c u°i O U - N d c R aiS C/) d N n ` U O V O N" O O L R O O m L t d Y00C) ¢ UO x HLL a m o 0 0 r0 w U v 4) C I E a R 6 • �O 'r O m E O > y E ° O N R Oy f ¢ > E o M a o o o y E U CL Q U R .y= N E 4U m E ° V UC J O. C E E E 0 ° O ` U V U m W N 5 U0tn EL CL 2M¢ CO O 75A -10 N `a w E O a tz ti H O N Y V M Z 75A -11 m `°amiY Y m0 c16 m p m m m M L n m T3 > N- E m ce d v n M.9 aci am c P? R h h d a 75 rn E c c " o a o N `i c F rn m c5_ 75 .2) smv " o N N J C N LL N N O U o d m m n ac o 3 a? B 3 o rr d rn E s d M m a U ocmi�>N. �a tL-5 w _ of p.3 Lot °'° o ci L y m m c Q d L N NO) y o "E G c o vi c`Ni a?ma mLA .230Emo 3°c2 �Orn o_ o c c' m N d _Ec o Nm m c a @a _o co� g 000 E;a N pEmc m� "£o a d y c p 0 d a0i rn c o m ci° rn L) _ m c 0 c > N d o E N N c N m m aci E %= d c 'C x._ 3 N a. �_ a v >+ c mN'=' c D� L c O C E C > N C a U p) N O C O U w N o-a� o'rn y E a aNi .eL a°Ji $'°i s O T L d N> H m 'O> > .N. 'Op LC/) c0 N$N d o 'o coma° �E ° +N..dydc ° E and ° 15 0-00 z a~ c E2 0 � >$.° o •E o c 8 I H J yH E a.2 c> 3 d E .- c U a N Q N N N „m, c c a d j N 2£ d c m o c 0 o o f o' .wN.. d o CY a _ p >i N N U° N U,T_t .c N 3 E aEi `o V ami m m c o m O r c. n e d N 2 d= o °' rn 3 d E.2 a C a E i Z p N COL 5 - - v E -E J B m LL E a a; m L 3 vi H LL d F cp N N 2 D 'm0 c a Ocp J N O1 � m G R F R' U 0 U Z y C V st if L6 cd L6 Ld h Z Z Z Z Z U U p c 0 U Q R c 0 V Q m C C LA Q C S O> Q C f6 C Q Q 'C L° EQ L 0 EQ C C A N C L'N tgKEN^ and N d' 0 0 Q m N m'cE CO O. m "cE CO O ° O N °xU `-'c� oyU °U 6Q J ° E aoi¢ J 6 o E m¢ �m c aZia "mac aZia :Z'o 0L) :Z'o 0 va mLn.... c�a mU) Ua UUO� UUO�. d m d d E E y a O W N a o O R N a E N E N E W op n aci> Y m> >i a° °> 9L w N .m Y a 0 `O L O cow n � v n E °) o n z CL c.) a � in 0) 75A -11 \ § \ 7 § § LL. \ 75A.12 #a »» 7aJ± - ()k# - } {■ 29®27 777& «■ % \z E —0 E ]f;/ f \\## \] - \\ {< E(f _,¥ .M - -0 «£ _ _ _a -E ; »�� / ��k99 `�0 _0 ) ƒ(§f } /)7 -- - ±)r) f2\« _# _ -- = kE \ \E E 00 e -- -- ra3 \ \ \ \� \� \ \\ �\ 0 « _ A \kow f \7 W)* 0jf \\ E f 0- ),I §)kk) (0 E % §% \)4 )) 722E§ 7f« oa«2« =0222 a o\ 0S 2;§] § § EI � / z \ \ 77 J }f J \f § a \t(} «(\ n«(\ ` \(i/ /(w/ ° §�� . 460E 600, Goo a k)m ' \ ) E ) \# m ^© ) -� tE)k {a ' //2/ 7 ;2/ «o7 75A.12 NOTE: Same agreement will be used for nonprofit organizations approved for the CDBG 2015 -2016 program. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NONPROFIT ORGANIZATION NAME FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1 st day of July, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "CITY ") and Nonprofit Organization Name, a California nonprofit corporation ( "SUBRECIPIENT "). RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Cram ( "CDBG'J Entitlement Program, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. C' CDBG REGS'J. B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "). C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECD'IENT'S OBLIGATIONS A. Nonprofit Status - Representations and Warranties. (a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to he performed and provided EXHIBIT 3 75A -13 4/2015 hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Gant/Term and Quarterly Disbursement. The amount granted to SUBRECIPIENT is $0ll,00d ( "CDBG FUNDS "), and such finds shall be expended by SUBRECIPIENT on or before June 30, 2016, The Tenn of this Agreement may be extended by a writing executed by the City Manager or his or her designee and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more frilly set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application if the CTTY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto mid by this reference incorporated. herein. SUBRECIPIENT'S failure to perform as required pray, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT herermder. D. Allowable Costs. SUBRECIP.IENI' agrees to complete said program on or before June 30, 2016 and to use said Funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be Bruited to, wages, administrative 75A -14 4/2015 costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by Us reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written approval of the CITY's Executive Director of the Community Development Agency or designee, so long as the total budget amount does not increase. In accordance with 2 CFR 200.414, the CITY will honor SUBRECIPIENT's approved federally recognized indirect cost rate or if no such rate exists a de minims indirect cost rate of ten percent (10 %) shall be used as set forth in "Exhibit B ". E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning.. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or perms, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.. I. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: 75A -15 4/2015 (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CPR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /etbn icity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, phis all other invoices aid proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both; an original invoice /request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT 75A -16 412015 are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Len& of Record Keeping, All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment tinder this Agreement. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above- referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Proeram Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CIFY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment ", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or IIUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof If SUBRECIPIENT engaged in fraudulent activity to obtain and /or justify expenditure of the CDBG funds granted hereunder, 75A -17 4/2015 SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and /or spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non - expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non - expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPMNf hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses. S. Lobbying, SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in 'Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any stuns to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a 'Disclosure Form to Report'. Lobbying," in accordance with its instructions (Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - malting process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG- assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT. U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (I8 U.S.C. 874 or seq.) and its implementing regulations of the U.S. Department of Labor at 29 CPR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. 75A -18 4/2015 SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate - income persons residing within the community where the construction project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 of al.SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326. Y. Subpart I{ of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CPR Part 52. Z. Women- and Minority -Owned Businesses (W/MBE) SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms ". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African - Americans, Spanish - speaking, Spanish surnamed or Spanish. heritage Americans, Asian- Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 75A -19 42015 b CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CfFTs 2015 -2016 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2015 -2016 pursuant to this Agreement up to a maximum aggregate payment of Dollars ($00,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices/reimbursement requests. CITY shall pay such invoices/reimbursement requests within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goods or services, timesheets, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day - today operations of each grant and subgram supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CfrY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. 75A -20 4/2015 III. NONDISCRE IINATION 1. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CPR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Frather, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): 75A -21 42015 A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terns of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repaus to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Organization Contact Address Line I Address Line 2 Address Linc 3 m 75A -22 42015 VDI ASSIGNABILrrY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE 1, Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such coverage is primary to any other coverage or self - insurance and CITY. Governmental entities may provide proof of self - insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. (b) SUBRECIPMNT shall: (1) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring prior to the expiration of this Agreement 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, 11 75A -23 nams participants or other agents to utilize then own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may provide proof of self - insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. M. RE VE RSION OF ASSETS A. Upon the expiation of this Agreement, SUBRECIPIENTf shall transfer to CITY any CDBG funds on hand at the time of the expiation of this Agreement as well as any accounts receivable attributable to the use of CDBG fimds. [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CPR 570.208 until five (5) yeas after expiation of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to C= an amount equal to the current fan market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current 12 75A -24 4/2015 market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 2 CFR 200313(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, aclmowledge and deliver, to CTTY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CTTY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph M. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CTTY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CTTY and HUD. 01 -OWAVRMVV MOO A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 2 CPR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CTTY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was made, the CITY may terminate the award in its entirety. 13 75A -25 4/2015 E. The grant of funds under this Agreement may be terminated due to the non - performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E, inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XM. LD41TATION OF FUNDS The United. States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend fiords, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in finding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECfPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVPl'Y AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any mamier whatsoever. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING TIUS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE -OUT The SUBRECIPIENT's obligation to the CITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: malting final payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and documentation; disposing of program assets (including the return to the CITY of all unused materials and equipment); remitting any receivable accounts to the CITY and determining the custodianship of records. 14 75A -26 4/2015 The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. XVII. VALIDITY AND SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVM. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. XIX. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on folluivingpage). 15 75A -27 anois IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA E. STORCK Assistant City Attorney 75A -28 SUBRECIPIENT: Name: Title: Tax ID: DUNS #: City of Santa Ana Scope of Work Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated Participants (Santa Ana and Non -Santa Ana participants) anticipated to be served by the funded program, named above, during the 12 -month contract period. LI Participants II. Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during the 12 -month contract period. 0 Particlpants Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Schedule of Performance Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana Participants served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 Participants Quarter 2: October 1 - December 31 Participants Quarter 3: January 1 - March 31 Participants Quarter 4: April 1 -June 30 Participants 0 Total unduplicated Santa Ana Participants to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 0 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $ - Total Grant Exhibit A Page 1 of 1 75A -29 Organization Name Program Name Program Year 2015 -2016 Final Budget Expenditures Category Expenses Funded by Santa Ana CDBG Expenses Funded by Other Sources Total Program Budget Total Organizational Budget Administrative Staff Salaries & Benefits $ - Program Staff Salaries & Benefits $ - Contractual /Professional Services $ OTHER: $ - TOTAL DIRECT COSTS $ $ $ - $ - INDIRECT COST (_ %)` $ Total $ $ $ $ Indirect cost rate; 10% Non - Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 15 -16 (Total Funds for Program must equal Total Program Budget above) Exhibit B Page 1 of 1 75A -30 2015 -2016 Funded Personnel Name of Organization: p Name of Program p NOTE: Please remember that this is only a budget and that reimbursement should be based on actual ADMINISTRATIVE STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position $ $ $ $ $ Total Amount Re uested $ $ Total Amount Re uested $ Must equal amount indicated on Exhibit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBGFunds Requested for this position $ $ $ $ $ Total Amount Re uested $ Must equal amount indicated on Exhibit B CONTRACTUALIPROFESSIONAL SERVICES Type of Service Annual Contract Amount Total Compensation CDBG Funds Requested for this position $ $ $ Total Amount Requested $ Must equal amount indicated on Exhibit B * Only direct hours charged to the grant will be reimursable. Timecards must demonstrate direct hours charged to the grant. Exhibit B -1 Page 1 of 1 75A -31 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date EXHIBIT C Page 1 of 2 75A -32 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance fiords knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when subm tted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance fiords agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not lmowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance fiends further agrees by submitting this proposal that it will include the clause titled "Certification Regaling Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Goverment, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C Page 2 of 2 75A -33 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or air employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee /Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT D Page I of 2 75A -34 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CPR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT D Page 2 of 2 75A -35 Certification Regarding Druq -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. if it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 75A -36 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised 'Place of Performance" form. Organization Authorized Signature Date EXHIBIT E Page 2 of 3 75A -37 7 S_ C ola e7 111 T� T7 o 71 O I L w f FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 75A -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: PUBLIC HEARING - RESOLUTION TO ADOPT AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET IMPROVEMENT PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (STRATEGIC PLAN NO. 6, , G) CITY MAN ER RECOMMENDED ACTION Adopt a resolution approving the Addendum to th e Environmental Impact Report pertaining to the Bristol Center Drive and Washington Avenue. DISCUSSION CLERK OF COUNCIL USE ONLY: . T000 p, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Final Environmental Impact Statement/ Street Improvement Project between Civic Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improvement of the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, bike lanes, and sidewalks. In 1990, the City Council authorized embarking on these proposed improvements with the approval of the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01). A copy of the FEIS /EIR is attached (Exhibit 1) and is also available for review in the Clerk of the Council office. Since the adoption of the 1990 FEIS /EIR, there have been no substantial changes in the project scope. Minor design modifications for improvements between Civic Center Drive and Washington Avenue (Exhibit 2) were considered, including addressing climate change issues. These modifications are identified in the Addendum to the FEIS /EIR (Exhibit 3) in accordance with the California Environmental Quality Act (CEQA). The design modifications to the project segment include the following: 75B -1 Resolution Adopting an Addendum to the FEIR /FEIS for the Bristol Street Improvements (Civic Center to Washington) April 7, 2015 Page 2 of 2 • The right -of -way (ROW) width would be increased from 120 feet to 128 feet. • The 15- foot -wide parkway would be reduced to 6 feet in width. • The 10- foot -wide sidewalk would be reduced to 8 feet in width. • Addition of a westbound right turn lane on Washington Avenue at Bristol Street. • Addition of a cul -de -sac at 9th Street on the west side of Bristol Street. • Installation of a block wall of the project to mitigate aesthetic impacts to residential properties between Civic Center Drive and Washington Avenue. The resolution approving the Addendum to the FEIS /EIR (Exhibit 4) is needed to allow expenditure of federal grant funding for right -of -way acquisition and construction of the project. Staff recommends that the City Council adopt the resolution in accordance with the CEQA requirements, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans for Bristol Street improvements). ENVIRONMENTAL IMPACT Pursuant to Section 15164(d) of the California Environmental Quality Act, City Council shall consider adopting a resolution approving the Addendum to the Final Environmental Impact Statement/Environmental Impact Report. FISCAL IMPACT There is no fiscal impact associated with this action FrepMdusavibour Ex utive Director Public Works Agency FM/VVEG /ML Exhibit: 1. Bristol Street FEIS /EIR (attached CD) 2. Location Map 3. Addendum to the FEIS /EIR 4. Resolution 75B -2 Exhibit 1 Located on the city's website: http: // santaana. granicus .com /GeneratedAgendaViewer.php ?view id =2 &event id =350 A. Bristol Street Improvements and Widening Environmental Impact Study— Environmental Impact Review B. Bristol Street Improvements and Widening Technical Studies C. Bristol Street Improvements and Widening Traffic Study D. Bristol Street Improvements and Widening Historical Property Survey Report E. Bristol Street Improvements and Widening Relocation Impact Study 75B -3 75B -4 ._. . WASHINGTON AV r I i I TH 12TH ST i _y 11TH ST 1111 I I I 10TH ST — J IT_ — i� - -- I I V I I 9TH ST _— I i L� - CIVIC CENTER DR LL - J - - -- EXHIBIT 2 (SLPIE NTEI ® PROJECT AREA o�N oaaN�� RESOLUTION TO ADOPT ADDENDUMz� o TO FINAL ENVIRONMENTAL IMPACT $� SANTA ANA STATEMENT /ENVIRONMENTAL IMPACT AGENDA DATE: FOR THE BRISTOL AND WIDENING PROJECT I APRIL 7, 2015 BETWEEN CIVIC CENTER DRIVE AND PUBLIC WORKS AGENCY WASHINGTON AVENUE. PAGE 1 OF 1 75B -5 75B -6 January 20, 2015 CITY OF SANTA ANA Bristol Street Widening Project Civic Center Drive to Washington Avenue (Phase IIIA) PRO✓ECTNUMBER: 133666 PROJECT CONrACn Court Morgan EMAIL, court morgan@pomrang, com PHONE. 714.507.2764 POWER ENGINEERS Mz Environmental Impact Report Addendum 75B -7 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Environmental Impact Report Addendum PREPARED FOR' CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M -36 SANTA ANA, CA 92702 PREPARED BY' POWER ENGINEERS, INC. 731 EAST BALL ROAD, SUITE 100 ANAHEIM, CA 92805 OFFICE: (714) 507 -2700 FAX (714) 507 -2799 75B -8 TABLE OF CONTENTS 1.0 INTRODUCTION ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1 1.1 PURPOSE OF AN ADDENDUM ................................................................... ............................... 2 1.2 PROJECT LOCATION .................................................................................. ..............................4 1.2.1 Existing Land Uses ........................................................................... ..............................4 1.3 PROJECT BACKGROUND ........................................................................ ............................... 11 1.3.1 Approved 1990 Final EIR/EIS ...................................................... ............................... I 1 1.3.2 Adopted Transportation Improvement Program ............................ ............................... l l 1.4 PROJECT DESCRIPTION .......................................................................... ............................... 12 1.4.1 Bristol Street Widening Phase IIIA Project Area ............................ .............................12 1.4.2 Property Acquisition ........................................................................ .............................12 1.4.3 Changes as Compared to the Approved Project .............................. .............................17 1.4.4 Construction Timeframe .................................................................. .............................18 1.5 DISCRETIONARY ACTIONS ..................................................................... ............................... 18 2.0 ENVIRONMENTAL CHECKLIST ........................................................ .............................25 2.1 BACKGROUND ....................................................................................... ............................... 25 3.0 ENVIRONMENTAL CONSEQUENCES ............................................... .............................26 3.1 AESTHETICS ........................................................................................... ............................... 26 3.2 AGRICULTURAL RESOURCES ................................................................... ............................. 28 3.3 AIR QUALITY ......................................................................................... ............................... 29 3.4 BIOLOGICAL RESOURCES ...................................................................... ............................... 35 3.5 CULTURAL RESOURCES ........................................................................... ............................. 37 3.6 GEOLOGY AND SOILS ............................................................................. ............................... 38 3.7 GREENHOUSE GAS EMISSIONS .............................................................. ............................... 40 3.8 HAZARDS AND HAZARDOUS MATERIALS .............................................. ............................... 41 3.9 HYDROLOGY AND WATER QUALITY ....................................................... ............................. 43 3.10 LAND USE AND PLANNING .................................................................... ............................... 46 3.11 MINERAL RESOURCES ........................................................................... ............................... 47 3.12 NOISE ....................................................................................................... .............................48 3.13 POPULATION AND HOUSING .................................................................. ............................... 49 3.14 PUBLIC SERVICES .................................................................................. ............................... 51 3.15 RECREATION .......................................................................................... ............................... 52 3.16 TRANSPORTATION /TRAFFIC .................................................................. ............................... 52 3.17 UTILITIES AND SERVICE SYSTEMS ........................................................ ............................... 54 3.18 MANDATORY FINDINGS OF SIGNIFICANCE ............................................ ............................... 56 4.0 REFERENCES .......................................................................................... .............................57 FIGURES: FIGURE REGIONAL LOCATION ........................................................................... ..............................5 FIGURE 2 PROJECT LOCATION ............................................................................. ............................... 7 FIGURE 3 EXISTING LAND USE (1990 FEIS/ EIR) ................................................ ............................... 9 FIGURE 4 PROPERTY ACQUISITIONS .................................................................. ............................... 15 FIGURE 5 PROPOSED PROJECT LANE GEOMETRICS ........................................... ............................... 19 FIGURE 6 BRISTOL STREET /CIVIC CENTER DRIVE INTERSECTION (1990 FINAL EIS /EIR) .................. 21 FIGURE 7 BRISTOL STREET /OTHER INTERSECTIONS (1990 FINAL EIS /EIR) ...... ............................... 23 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE i 75B -9 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue TABLES: TABLE 1 PROPERTY ACQUISITIONS .................................................................. ............................... 13 TABLE 2 PROJECT RELATED CONSTRUCTION EMISSIONS ................................ ............................... 31 TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 31 TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 32 TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES... 33 TABLE 6 CO HOTSPOT ANALYSIS ( PPM) .......................................................... ............................... 34 TABLE 7 SCHOOLS WITHIN THE PHASE IIIA PROJECT AREA ........................... ............................... 41 APPENDICES: APPENDIX A MODIFIED INITIAL STUDY CHECKLIST 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -10 PAGE ii ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue ACRONYMS AND ABBREVIATIONS AAQS ambient air quality standards ADA American with Disabilities Act of 1990 APE Area of Potential Effect AQMP Air Quality Management Plant BMPs best management practices CAAQS California ambient air quality standards CalEEMod SCAQMD California Emissions Estimator Model Caltrans California Department of Transportation CEQA California Environmental Quality Act CO carbon monoxide CO2 carbon dioxide CPRC California Public Resources Code CRHR California Register of Historical Resources CWA Clean Water Act dB decibels dB(A) A- weighted decibels EPA US Environmental Protection Agency FEIS /EIR Final Environmental Impact Statement / Environmental Impact Report FHWA Federal Highway Administration FTIP Federal Transportation Improvement Program GC General Commercial GHG greenhouse gas 1 -405 San Diego Freeway LOS Level of Service LSTs Localized Significance Thresholds mph miles per hour NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NO2 nitrogen dioxide NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System 03 ozone OCTD Orange County Transit District PM10 particulate matter less than less than or equal to 10 microns in diameter PM2.5 particulate matter less than less than or equal to 2.5 microns in diameter ppm parts per million Project Bristol Street Widening Phase IIIB — 176' Street to Washington Ave. Project ROG reactive organic gases RTIP Regional Transportation Improvement Program SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SIPS state implementation plans Sox sulfur oxides SP1 Specific Plan SR -22 State Route 22 SWPPP Stonnwater Pollution Prevention Plan TCMs Transportation Control Measures UBC Uniform Building Code ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) W 75B -11 PAGE iii ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -12 PAGE iv ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 1.0 INTRODUCTION This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) approved in 1990 (FHWA-CA- EIS- 89 -01- F; SCH No. 87071509). This Addendum focuses on the segment of Bristol Street between Civic Center Drive to Washington Avenue (Phase IIIA, or Project) and is limited to the proposed improvements to this segment. This Addendum provides an assessment of potential environmental impacts associated with minor design modifications and the issue of climate change which was not addressed in the previously prepared and certified FEIS /EIR. Design modifications to the Project, since approval of the 1990 FEIS /EIR, that are addressed in this Addendum include the following: • The 1990 FEIS/EIR, using decommissioned noise methodology, recommended noise barriers ( soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and Washington Avenue. However, using current noise modeling methodology (RBF Consulting 2014), noise abatement in the form of noise barriers is not required for the Phase IIIA Project. • For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately 8 -foot high block wall at approximately the same location where soundwalls were previously recommended (as addressed in the 1990 FEIS /EIR). • The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right -of -way cross - section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross- section addressed in the 1990 FEIS/EIR. However, the proposed Project right -of -way cross section, as compared to the right -of -way cross section addressed in the 1990 FEIS/EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right -of -way is accounted for in this analysis. • Addition of a westbound right -turn lane on Washington Avenue at Bristol Street. • Addition of a cul -de -sac at 9th Street on the west side of Bristol Street. • Full and partial acquisition on both sides of Bristol Street between Civic Center Drive and Washington Avenue. • Changes in land use as part of the Bristol Specific Plan Addendum, as follows: o Assessor Parcel Numbers (APNs) 405- 262 -21, -22, -23, -24, -25, -26, -27, -28,-29, -30, - 31, -32, and -33; and 405- 274 -09, -10,41, -12, and -13) —Land use change from Park to Park with Commercial option. Additionally, the topic of greenhouse gas (GFIG) emissions was not addressed in the previously approved 1990 FEIS /EIR as this topic was not a subject matter that required evaluation pursuant to CEQA at that time. As such, this Addendum analyzes the effects of GHG emissions associated with construction and operation of the proposed Project. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 1 75B -13 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue This Addendum to the previously certified 1990 FEIS /EIR has been prepared because Project - related modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in a Subsequent or Supplemental EIR under the requirements CEQA (refer to CEQA Guidelines Sections 15162 and 15163, respectively). 1.1 Purpose of an Addendum Under CEQA, when an EIR has been certified for a project, no Subsequent EIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent EIR required, pursuant to CEQA Guidelines Section 15162: 1. (1) Substantial changes are proposed in the project which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental increase in the severity of previously identified significant effects; or 3. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162[a]) A Supplement to an EIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may be prepared if any of the above criteria apply, but "[o]nly minor changes or additions would be necessary to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines Section 15163[a][2]). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an Addendum may be prepared. More specifically, CEQA Guidelines Section 15164 states: (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 75B -14 PACE ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to malting a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum to the previously certified FEIS/EIR for the approved Project has been prepared because the evaluation of the proposed modifications does not result in any of the circumstances requiring a Subsequent or Supplemental EIS /EIR. Although the proposed modifications would result in development that differs from that in the 1990 FEIS /EIR, those modifications do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and 15163, respectively. Sections 2.0 and 3.0 of this Addendum demonstrate that no substantial changes are proposed in the approved Project or have occurred in the area of the Bristol Street Widening Phase IIIA Project that will require major revisions to the previously certified 1990 FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Specifically, the proposed modifications, as compared to the 1990 FEIS/EIR, do not result in new or substantially greater significant impacts because the scale and nature of the proposed modifications are sufficiently similar to that analyzed in the 1990 FEIS /EIR such that the impacts of the proposed modifications are within the levels and types of environmental impacts disclosed in the 1990 FEIS /EIR. In addition, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 1990 FEIS /EIR for the approved Project that would result in new significant impacts or substantially increase the severity of significant impacts previously identified, since the background environmental conditions have not significantly changed since that time. The City of Santa Ana has received no information indicating there has been a substantial change in any circumstances that would result in a new or substantially greater significant impact. Furthermore, no new information, which was not known and could not have been known at the time of the 1990 FEIS/EIR preparation, has been revealed that shows new or substantially greater significant impacts would result (see CEQA Guidelines Section 15162(a)(3)). In addition, there are no new or different mitigation measures or alternatives that would substantially reduce one or more significant impacts of the approved Project but that are not adopted. The proposed modifications do not identify or require adoption of any further mitigation measures or alternatives beyond those provided in the certified 1990 FEIS /EIR for the approved Project, since additional mitigation measures are either not necessary or not feasible, and the alternatives analyzed in the 1990 FEIS /EIR represent a reasonable range as required pursuant to CEQA [see CEQA Guidelines Section 15162(a)(3)]. This Addendum relies on the certified 1990 FEIS/EIR and the related administrative record, in addition to the additional documentation included to support the Addendum, including the appendices. The Addendum is to be included or attached to the 1990 FEIS /EIR and is not to be considered as an independent or separate document. As this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However, the City Council will consider and adopt or reject this Addendum at a public meeting (refer to CEQA Guidelines Section 15164(d)). The findings of the City Council in its resolution of adoption of this Addendum, if adopted, will reflect this Addendum which provides the basis and substantial evidence for ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 3 75B -15 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section 15164(e)). 1.2 Project Location The proposed Project includes a segment of Bristol Street between Civic Center Drive and Washington Avenue in the City of Santa Ana. The City of Santa Ana, located within the County of Orange, is surrounded by the Cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The proposed Project site is located approximately 1.5 miles north of the San Diego Freeway (I -405) and approximately three miles south of State Route 22 (SR -22). Refer to Figures 1 and 2 for the regional map and Project location map, respectively. 1.2.1 Existing Land Uses The Project area and surrounding vicinity is located within an urbanized area of the City of Santa Ana. Existing land use along the Project corridor consists of commercial and single- and multi - family residences. Figure 3 illustrates existing land use as identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 1/19/20 15) YU 75B -16 PAGE4 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue a [till 0 =i � t1 *11910 l_1 q OPEN i [t] 01 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -17 PAGES s, r k yI KERN-CO. - ....... OREGON IDAHO Lalfcaster &95 .NEVADA dUTTAH a s< I Nal o bc,m� rrtsnn� '�% CALIFORNIA almdale Ad fan {o Ire J 15 0 ill nt�Hes aria TLOS ANGELES CO P 1 �. Ay a�j Ion r j} LEGEND PROJECT LOCATION 75B -18 t Y FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE (PHASE IIIA) N 0 Miles 0 5 10 15 75B -18 t Y FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE (PHASE IIIA) ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALL YLEFTBLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -19 PAGE ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 2 PROJECT LOCATION 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -20 PAGE SOURCE ARCGIS ONLINE, NATGEO WORLD MAP, ACCESSED 1119/2015 5 ti -z l ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -22 PAGE ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street lMdening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 3 EXISTING LAND USE (1990 FEIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO 75B -23 PAGE 9 uj 0 WOW im Z W z < M�E= W Mu 9W.7, iz EEFFFI HIM LU m _j >. LU IL rk ff 0 O Wjj oz aQ zLL UO OK mm 75B-24 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305-0t I (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 10 75B -25 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1.3 Project Background 1.3.1 Approved 1990 Final EIWEIS The City of Santa Ana General Plan designates Bristol Street as a Major Arterial Highway traveling in a north -south direction. As a result of significant growth and traffic congestion on Bristol Street, the City of Santa Ana, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major Arterial Highway. A joint EIS /EIR was prepared and approved by the City of Santa Ana and the California Department of Transportation (Caltrans) for the widening of Bristol Street in 1990. The 1990 Project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane. Due to significant costs associated with construction and availability of funding, the street widening Project was divided into three phases; Phase I, from Wainer Avenue north to First Street; Phase II, consisting of the widening and reconstruction of the bridge which crosses Santiago Creek (northerly limits of the street widening Project); and Phase III, between First Street and Memory Lane. Subsequently, and also due to funding programming and availability, the Phase III segment has been further divided into two separate segments: Phase IIIA, Civic Center Drive to Washington Avenue (the subject of this Addendum),; and Phase IIIB Washington Avenue to 17th Street. The Bristol Street widening segments, as described above, operate independently; that is, operation of one segment is not dependent on another. The 1990 FEIS /EIR (SCH No. 87071509) was approved on November 19, 1990. The 1990 FEIS /EIR and associated technical studies, incorporated herein by reference, documented the environmental impacts of widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the 1990 FEIS /EIR, the purpose and goals of the Bristol Street Widening Project were to: 1. Provide sufficient roadway capacity to accommodate current and future traffic demand. 2. Improve the performance and safety of the roadway for the benefit of the motoring public. 3. To reduce current and projected future delays experienced at major intersections and to design intersections to function at acceptable Levels of Service (LOS). 4. To design the roadway in manner conducive to the provision of public transportation, namely bus service provided by the Orange County Transit District (OCTD). 1.3.2 Adopted Transportation Improvement Program The Approved Project is fully funded and included as project number ORA125 in the regional emissions analysis conducted by Southern California Association of Governments (SLAG) for the conforming 2013 Federal Transportation Improvement Program (FTIP) adopted by SCAG on September 19, 2012 and approved by FHWA on December 14, 2012. As provided in the FLIP, the Approved Project description reads as follows: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOL /WARNER (ADD NBIEBISB THRU LNS, WB RT TRN LN) AND BRISTOL /FIRST (ADD NBISB THRULNS; SB LFTIRTITRNLNS The Phase IIIA project is a component of the Approved Project. The Phase IIIA Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore, the individual projects contained in the plan, are conforming projects, and would have air quality impacts consistent with those identified in the state implementation plans (SIPS) for achieving the National Ambient Air Quality Standards (NAAQS). FHWA determined the RTIP to conform to the SIP. 305 -011 (PER 02) CITY OF SANTA ANA (01 /19/2015) YU PAGE 11 75B -26 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The Phase IIIA Project's open to the public year is consistent with (within the same regional emission analysis period as) the construction completion date identified in the FTIP and /or RTP. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. FHWA determined the TIP to conform to the SIP on December 2010. The Phase IIIA Project is also included in the 2013 TIP adopted by SCAG on September 6, 2012 and approved by FHWA on December 14, 2012. 1.4 Project Description 1.4.1 Bristol Street Widening Phase 111A Project Area Phase IIIA of the Bristol Street Widening Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue from four lanes to six lanes with a 128 -foot wide right -of -way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 6 -foot wide parkway; and 8 -foot wide sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The proposed Project also includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street and removal of the eastbound through movement on Washington Avenue at Bristol Street to match the existing condition. Furthermore, a cul -de -sac would be constructed at 9th Street on the west side of Bristol Street. Street signs and utilities including electric power lines, telephone poles, and street lighting would be relocated to new locations within the Project area along Bristol Street. Street furniture, including benches and bus shelters, would be provided at bus stop locations. Affected trees would be replanted. During the one -year construction period (anticipated to be mid -2015 to mid- 2016), one lane in each direction would remain open and existing driveway accesses along Bristol Street would be retained at all times. The maximum excavation depth would be three feet for roadway excavation, and approximately 10 feet for utility /drainage excavation. 1.4.2 Property Acquisition As listed in Table 1, a total of 20 properties (parcels) would be fully acquired as a result of the proposed widening of Bristol Street between Civic Center Drive and Washington Avenue (refer to Figure 4 for the locations of affected properties). More specifically, the proposed Project, and its associated right -of -way requirements, would result in the full acquisition by the City of Santa Ana, of 17 single - family residential parcels; two parcels representing commercial /utility uses; and one parcel characterized as office -type use. Parcel 405- 262 -26 is within the project limits; however, this parcel is owned by the City. The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. The increase in right -of -way width associated with the proposed Project from 120 feet, as addressed in the 1990 FEIS /EIR, to 128 feet would not result in a difference in the number of properties that would be acquired as a result of the proposed improvements. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 12 75B -27 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue TABLE 1 PROPERTY ACQUISITIONS qPN _ ADPIESkIST1N LANDS U5E AGQUIfl9N,TF� _ . pf2111fEd 710E71," 004 - 111 -18 1306 W. 11th St. Single-Family Residential Partial 304 004- 111 -22 1302 W. 11th St. Single-Family Residential Full 6,983 004 - 112 -33 1305 W. 11th St. Single-Family Residential Partial 267 004 - 112 -35 1302 W. 12th St. Sinple-Family Residential Full 6,702 004 - 112 -36 11301 W. 11th St. Sinple-Family Residential Full 6,864 004 - 113 -19 1305 W. 12th St. Single-Family Residential Full 6,007 004 - 113 -34 1301 W. 12th St. Single-Family Residential Full 6,103 004 - 121 -12 1307 W. 10th St. Single-Family Residential Full 6,270 004 - 121 -18 1301 W. 10th St. Single - Family Residential Full 7,106 004 - 122 -18 1311 W. 9th St. Single - Family Residential Partial 92 004 - 123 -11 1312 W. 9th St. Single - Family Residential Partial 34 405 - 262 -21 827 N. Bristol St. Single - Family Residential Full 6,951 405 - 262 -22 829 N. Bristol St. Single - Family Residential Full 6,751 405 - 262 -23 907 N. Bristol St. Single - Family Residential Full 6,726 405 - 262 -24 911 N. Bristol St. Single - Family Residential Full 7,327 405- 262 -25 917 N. Bristol St. Single - Family Residential Full 9,970 405 - 262 -26 921 N. Bristol St. Single - Family Residential Owned by City' 0 405 - 262 -28 1003 N. Bristol St. Single - Family Residential Full 7,517 405 - 262 -29 1005 N. Bristol St, Single - Family Residential Full 7,406 405 - 262 -30 1009 N. Bristol St, Single - Family Residential Full 7,271 405 - 262 -31 1015 R Bristol St. Single - Family Residential Full 7,270 405 - 262 -32 1019 N. Bristol St. Single - Family Residential Full 7,269 405 - 262 -33 1023 N. Bristol St. Office (Optometrist) Full 7,269 405 - 274 -10 1111 N. Bristol St. Commercial (Strip Mall) Full 34,264 044 - 113 -35 1220 N. Bristol St. Commercial (Strip Mall) Partial 3,500 405 - 274 -12 1221 N. Bristol St. Commercial /Utility (Restaurant/Substation) Full 6,122 I Property acquired by City due to either (1) property tax default or (2) in accordance with Measure M guidelines for acquisition due to short sale or foreclosure, ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -28 PAGE 13 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 14 75B -29 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 4 PROPERTY ACQUISITIONS ANA 305 -011 (PER 02) CITY OF SANTA ANA (01119/2015) YU 75B -30 PAGE 15 t°L .L 4 -- 1 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -32 PAGE 16 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1.4.3 Changes as Compared to the Approved Project It should be noted that Project phasing has been revised from the original three phases identified in the 1990 FEIS /EIR. Construction phasing of the entire Project segment has been further subdivided as follows: • St. Andrew Place to McFadden Avenue (Constructed in 2002) • Elm Street to Memory Lane (Constructed in 2003) • Pine Street to 3rd Street (Constructed in 2009) • Phase I: McFadden Avenue to Pine Street (Constructed in 2011)' • Phase II: 3rd Street to Civic Center Drive (Constructed in 2014) • Phase IIIA: Civic Center Drive to Washington Avenue • Phase IIIB: Washington Avenue to 17d' Street • Phase IV: Warner Avenue to St. Andrew Place • Phase V: 17"' Street to Elm Street The proposed street widening design configuration for the current Phase IIIA segment (proposed Project addressed herein) differs from the original configuration of the 1990 FEIS /EIR, as follows: • The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers (soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and Washington Avenue. However, using current noise modeling methodology (RBF Consulting 2014), noise abatement in the form of noise barriers is not required for the Phase IIIA Project. • For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately 8 -foot high block wall at approximately the same location where soundwalls were previously recommended (as addressed in the 1990 FEIS /EIR). • The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right -of -way cross - section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross - section addressed in the 1990 FEIS /EIR. However, the proposed Project right -of -way cross section, as compared to the right -of -way cross section addressed in the 1990 FEIS /EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right -of -way is accounted for in this analysis. • Addition of a westbound right -turn lane on Washington Avenue at Bristol Street. • Removal of eastbound through movement on Washington Avenue at Bristol Street to match existing condition. • Addition of a cul -de -sac at 9th Street on the west side of Bristol Street. • Full and partial acquisition on both sides of Bristol Street between Civic Center Drive and Washington Avenue. • Changes in land use as part of the Bristol Specific Plan Addendum, as follows: '- Phase numbers were assigned to the Bristol Street Widening Project subsequent to cancelation of the ConterLine Light Rail Transit Project and associated reallocation of funding from that canceled project to the Bristol Street Widening Project ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -33 PAGE 17 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Assessor Parcel Numbers (APNs) 405- 262 -21, -22, -23, -24, -25, -26, -27, -28, -29, -30, -31, -32, and -33; and 405- 274 -09, -10, -11, -12, and -13) — Land use change from Park to Park with Commercial option. The proposed Project lane configuration is shown on Figure 5 (Proposed Project Lane Geometries), whereas the intersection lane configurations from the original approved 1990 FEIS /EIR are shown on Figures 6 and 7. The proposed block wall, as described above, is also illustrated on Figure 5. An assessment of construction and Project related GHG emissions was also not addressed in the 1990 FEIS /EIR, and as a result is addressed in this Addendum. 1.4.4 Construction Timeframe Construction activities associated with the proposed Project would occur following acquisition of the required parcels. Construction of the proposed Project is anticipated to begin in mid -2015 and be completed within approximately one year (mid - 2016). 1.5 Discretionary Actions This Addendum must be adopted by the City of Santa Ana City Council as to its adequacy in complying with the requirements of CEQA and the previously approved 1990 FEIS /EIR. The City Council will consider the information contained in the Addendum and the 1990 FEIS/EIR in making a decision to approve or deny the proposed Project. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 18 75B -34 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 5 PROPOSED PROJECT LANE GEOMETRICS ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -35 PAGE 19 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -36 PAGE 20 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 6 BRISTOL STREET /CIVIC CENTER DRIVE INTERSECTION (1990 FINAL EIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -38 PAGE 21 b2 I I , I �lli it ITtl 19 =I__ Y1� Bristol Street SOURCE, FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990, 75B -39 4 NOATH FIGURE 6 BRISTOL STREETICIVIC CENTER DRIVE INTERSECTION (1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE (PHASE IIIA) A I I , I �lli it ITtl 19 =I__ Y1� Bristol Street SOURCE, FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990, 75B -39 4 NOATH FIGURE 6 BRISTOL STREETICIVIC CENTER DRIVE INTERSECTION (1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE (PHASE IIIA) ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLY LEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -40 PAGE 22 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 7 BRISTOL STREET /OTHER INTERSECTIONS (1990 FINAL EIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) Y J 75B -41 PAGE 23 4---- 100 1 91 12 1� 12° , 12' I 19' 19` 12' 12' 10° 12' 12' 19' 100' 120° Bristol Street NORTH SOURCE, FIGURE 7 FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL BRISTOL STREETI STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990. OTHER INTERSECTIONS (1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE (PHASE IIIA) 75B -42 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLETT BLANK 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -43 PAGE24 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 2.0 ENVIRONMENTAL CHECKLIST 2.1 Background Project Title: Bristol Street Widening, Phase IIIA Project. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer City of Santa Ana (714) 647 -5632 Project Location: Bristol Street from Civic Center Drive to Washington Avenue in the City of Santa Ana. Project Sponsor's Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 General Plan Designation: General Commercial (GC) Zoning: Specific Plan (SPI) Description of Project: The City of Santa Ana is proposing to widen the Bristol Street between Civic Center Drive and Washington Avenue from four lanes to six lanes with a 128 -foot wide right-of-way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 6 -foot wide parkway; and 8 -foot wide sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The proposed Project also includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street and removal of the eastbound through movement on Washington Avenue at Bristol Street to match the existing condition. Furthermore, a cul- de-sac would be constructed at 9th Street on the west side of Bristol Street. The proposed Project would also install an approximately 8 -foot- high block wall at approximately the same location where the soundwall was previously recommended (as addressed in the 1990 FEIS /EIR). The widening would require fall acquisitions of 20 parcels fronting Bristol Street as detailed in Table 1 (Property Acquisitions) of this Addendum. Surrounding Land Uses and Setting: The Project site is located within a fully developed urban area within the City of Santa Ana. Areas surrounding the Project site consist of various urban uses such as single- and multi - family residences and commercial and retail uses. Other Public Agencies Whose Approval is Required (e.g., permits, financing, or participation agreement): City of Santa Ana. ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 25 75B -44 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 3.0 ENVIRONMENTAL CONSEQUENCES This section describes the effects of the proposed Project as compared to those identified in the previously approved 1990 FEIS /EIR document, and to existing conditions and any changes in regulatory setting since the previously approved 1990 FEIS /EIR. Furthermore, this section analyzes the potential environmental impacts associated with the proposed Project. The issue areas evaluated in this document include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to evaluate the proposed Project changes for which an FEIS/EIR has been previously approved (in 1990) to assist in the determination of the need for a supplemental EIS /EIR or an Addendum. The modified Initial Study checklist, comparing the effects of the Project modifications as compared to those analyzed in the 1990 FEIS /EIR, is found in Appendix A. • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology/Water Quality • Land Use • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation /Traffic • Utilities /Service Systems • Mandatory Findings of Significance A summary of impacts of the previously approved Project and the mitigation measures imposed is provided along with an analysis of the potential impacts resulting from the proposed Project and whether those impacts substantially exceeds those discussed in the previously approved 1990 FEIS/EIR. 3.1 Aesthetics This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landform Modification, G - Urban Landscaping, J - Light and Glare, and K - Aesthetic Considerations of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect on a scenic vista? The proposed Project would not result in any significant modifications or changes from the previously approved 1990 FEIS /EIR. The Project is located within a highly developed urban area of the City of Santa Ana. No scenic vistas are located within the Project area. No impact to scenic vistas would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 26 75B -45 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue b.) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no state- designated scenic highways within the Project area, nor is the Project area visible from any scenic highways. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. c.) Substantially degrade the existing visual character or quality of'the site and its surroundings? The proposed Project is located in a highly urbanized area of the City of Santa Ana. Although the proposed Project would result in modifications to the visual character of the area resulting from the widening of Bristol Street and resultant property acquisitions, as well as the addition of an 8 -foot high block wall at approximately the same location where the soundwall was previously addressed in the 1990 FEIS /EIR, the Project would not result in substantial changes in visual character as analyzed in the 1990 FEIS /EIR. Implementation of mitigation measures as included in the previously approved 1990 FEIS /EIR, including installation of a block wall as described above, would ensure that impacts are reduced to a less than significant level. Although the proposed block wall is no longer warranted for purposes of noise abatement based on the updated Project noise analysis (RBF Consulting, 2014), the wall, as further described in the 1990 FEIS /EIR, was taken into consideration as a Project - related component in the context of providing improved visual continuity within the Bristol Street corridor; not constructing the proposed block wall would detract from providing an aesthetically unified streetscape along the Project corridor. Mitigation Measures No additional new mitigation measures are required. d.) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Light and glare are currently generated from various sources within the Project area (e.g., commercial and retail businesses, signage, street lighting, and parking lot lighting). The proposed Project does not involve the construction of any structures other than relocation of street lighting fixtures. Therefore, no new sources of light or glare are anticipated with implementation of the proposed Project. The proposed Project would not generate additional daytime or nighttime illumination beyond that currently experienced within the area. Implementation of the proposed Project would not create more significant light and glare impacts than previously analyzed in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 27 75B -46 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No additional new mitigation measures are required. 3.2 Agricultural Resources The previously approved 1990 FEIS/EIR did not include evaluation for agricultural resources, as no agricultural resources are located within the area of analysis. a.) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? The Project site is located within a highly urbanized area of the City of Santa Ana. No Prune, Unique, or Farmland of Statewide Importance is located in the vicinity of the Project site. No impacts would result from the proposed Project. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. b.) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. c.) Conflict with existing zoning for, or cause rezoning, of forest land (as defined in Public Resources Code section 122200), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 511040)? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific. Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO 75B -47 PAGE28 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue d.) Result in the loss offorest land or conversion of forest land to non forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. e.) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non- forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed, regarding farmland, in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. 3.3 Air Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections FI - Air Quality and V - Construction hnpacts of the previously approved 1990 FEIS /EIR. a.) Conflict with or obstruct implementation of the applicable air quality plan? The Bristol Street Widening Project is fully funded and included in SCAG's 2012 Regional Transportation Plan titled 2012 -2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP /SCS): Towards a Sustainable Future (2012 RTP) (RTP ID ORA125). The project is also currently listed in SCAG's financially constrained 2013 Federal Transportation Improvement Program (2013 FTIP) for fiscal year 2012/2013 — 2015/2016. The project entry in the 2013 FTIP identifies the following scope of work: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOLlWARNER (ADD NB/EB /SB THRU LNS; WB RT TRN LN) AND BRISTOL /FIRST (ADD NB /SB THRU LNS; SB LFT /RT /TRN LNS). The Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the plan, are conforming projects and would have air quality impacts consistent with those identified in the SIPS for achieving the NAAQS. The FFIWA determined the RTIP to conform to the SIP. The proposed widening of Bristol Street, from Warner Avenue to Memory Lane has been included in the FTIP since 1992. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. The FHWA determined the FTIP to conform to the SIP on April 2, 2009. No significant impacts would occur. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental Protection Agency (EPA) as nonattainment for ozone (03), and particulate matter (PM10 and PM2.5)• The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds to ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -48 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions result in an exceedance of the ambient air quality standards (AAQS). Based on the Air Quality Assessment Report performed by URS Corporation (2013a) for the Project, short -tern emissions generated during Project - related construction activities would not exceed the SCAQMD regional emissions thresholds for any of the criteria pollutants and also would not substantially elevate localized concentrations of these pollutants. Consequently, the Project would be consistent with the Air Quality Management Plant (AQMP). Long -tern emissions generated by the Project would not exceed the SCAQMD thresholds for regional emissions and would therefore also not contribute to an increase in frequency or severity of air quality violations. The proposed Project would be consistent with the Major Arterial designation of the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways. Additionally, the Project would improve traffic flow and result in a reduction in air pollutant emissions. Mitigation Measures No additional new mitigation measures are required. b.) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Short-tern emissions were modeled for the construction phase of the proposed Project. Construction activities associated with the Project would include demolition of pavement and buildings, fine grading, trenching, paving, and development of ancillary structures. During construction activities, emissions from heavy equipment exhaust, delivery trucks, and fugitive dust would be generated for a short duration. To accurately determine the significance of air quality impacts from construction activities, construction emissions are quantified and compared to the significance thresholds set by the SCAQMD. Project - specific data, such as construction timelines and dimensions of the Project site, along with general operating guidelines, were used as inputs to the SCAQMD's California Emissions Estimator Model (CalEEMOd) (version 2011.1.1) to quantify construction emissions. As shown in Table 2, emissions calculated by this model were compared to the SCAQMD's regional significance thresholds to determine whether project emissions would result in a significant air quality impact. As shown in Table 2, emissions attributable to construction of the proposed Project were found to be below the significance thresholds adopted by the SCAQMD for all the analyzed air pollutants. Because emissions were found to be below the SCAQMD's significance thresholds, Project related constriction emissions are not considered by the SCAQMD to result in a significant air quality impact. In addition, mitigation measures included in the 1990 FEIS /EIR would further reduce construction - related air quality impacts. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 [/19/2015) YU PAGE 30 75B -49 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue TABLE 2 PROJECT RELATED CONSTRUCTION EMISSIONS Demolition VOC NOx CO S02 PMI0 PM2.5 70 44 <1 12 3 Trenching 5 41 19 <1 2 2 Grading 8 60 34 <1 6 4 Paving 3 16 11 <1 2 1 Maximum 9 70 44 <1 12 4 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: Air Quality Assessment Report (URS 2013a), Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PMlo = particulate matter less than less than or equal to 10 microns in diameter; PM25 = particulate matter less than less than or equal to 2.5 microns In diameter An assessment of regional emissions associated with the operations phase of the proposed Project was also conducted which compared emissions with and without the proposed Project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 3 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed Project would result in air pollutant emissions which are below these significance thresholds and would result in a beneficial impact on air pollutant emissions due to improvements in operational phase efficiencies along Project roadway segments for the 2015 Project opening year. Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle speed and emission rates that would occur with and without the proposed Project. As shown in Table 4, air pollutant emissions occurring under the With- Project Alternative would be less than under the No Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the Proposed Project for the 2035 Project design year would likewise result in emissions which are below the SCAQMD's significance thresholds and would result in a beneficial impact relative to greenhouse gas (GHG) emissions due to improvements in operational phase efficiencies along Project roadway segments. Mitigation Measures No additional new mitigation measures are required. TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ROADWAY - AVERAGE ,INTERSECTION VEHICLE CO ROG NOX SOz PM10 I'l -SPEED Year 2015 No Protect Civic Center Drive and Washington Avenue Bristol Street 13 69 12 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -50 PAGE 31 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Civic Center Drive and -24 -3 -4 0 -1 -1 Washington Avenue SCAQMD Significance Thresholds 550 55 55 150 150 55 Exceeds Thresholds Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMIo = particulate matter less than less than or equal to 10 microns In diameter; PM2,5 = particulate matter less than less than or equal to 2.5 microns in diameter, TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS Year 2035 No Protect Bristol Street Between Civic Center Drive and 13 35 3 6 0 2 2 Washington Avenue Year 2035 with Project Bristol Street Between Civic Center Drive and 20 29 2 4 0 2 1 Washinaton Avenue Difference between No Proiect and with Proiect Emissions Bristol Street Between Civic Center Drive and -6 -1 -1 0 -1 -1 -6 Washington Avenue SCAQMDISignificance 550 55 55 150 150 55 Exceeds Thresholds No No No No No No Source: Air Quality Assessment Report (URS 2013a). Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMio = particulate matter less than less than or equal to 10 microns in diameter; PM2,5= particulate matter less than less than or equal to 2,5 microns in diameter. c.) Result in a cumulatively considerable net increase of any criteria pollutantfor which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors) ? The SCAB is designated by the EPA and the State as being nonattainment for 03, PM10, and PM2.5. In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. As mentioned above, the development of the proposed Project demonstrates that construction and operational activities would not result in emissions in excess of SCAQMD's threshold values. Since the proposed Project would not exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the SCAQMD does not consider emissions from the Project's emissions to add significantly to any cumulative impact. Furthermore, it should be noted that the proposed Project would increase the capacity ANA 305 -011 (PER O2) CITY OF SANTA ANA (01/19/2015) YU PAGE 32 75B -51 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue of Bristol Street from Civic Center Drive to Washington Avenue to address existing and projected traffic congestion. Increases in roadway capacity would result in improvement in the LOS along Bristol Street. The improvement in LOS would result in increases in average vehicle speed and reductions in the amount of delay vehicles experience at intersections thereby resulting in both lower emissions and lower emissions rates associated with higher vehicle speeds. As such, the Project would continue to result in a beneficial impact. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. d.) Expose sensitive receptors to substantial pollutant concentrations? A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute substantially to elevated pollutant concentration levels or place the Project in an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local sensitive receptors has been conducted for both the construction and operations phases of the Project. Localized Construction Impacts Localized air pollutant emissions are evaluated relative to the exposure of local sensitive uses to air pollutant concentrations generated by the proposed Project. These are pollutant concentrations which can be directly correlated to the health -based ambient air quality standards. This differs from regional emissions which were discussed previously in that regional emissions are used to assess how much air pollution is generated within an air basin and does not have a direct correlation with health effects. Localized Significance Thresholds (LSTs) have been developed by the SCAQMD for nitrogen oxides (NOx), carbon monoxide (CO), PMIo, and PM2.5• The LSTs determine whether project - related emissions would substantially contribute to or exceed the ambient air quality standards and expose sensitive receptors to excessive concentrations of air pollutants. The LSTs differ based on distance such that a greater allowance in air pollutant emissions is allowed for construction activities occurring further from a sensitive use and a lesser allowance in emissions is given for construction activities occurring closer to sensitive uses. Only short -term emissions occurring at the Project site for the Project's construction phase were included to determine if sensitive receptors local to the Project site would be adversely affected. Emissions generated by construction activities disperse rapidly with distance from the construction site. Individual construction phases were compared against the SCAQMD's LST significance criteria. As shown in Table 5, Project emissions would not exceed the EST screening level criteria for CO, nitrogen dioxide (NO2), PMIO, or PM2.5• Because emissions associated with this alternative would be less than the LST, onsite construction emissions would not be expected to exceed the federal or California AAQS at the nearest sensitive receptors. As such, no significant air quality impacts related to localized air pollutants would occur from the construction phase. TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES TRUCTION PHASE Demolition NOx 66 41 60 34 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -52 CO PMI0 PM2.s ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue x "iCRITEjA i�p_L1 UiSl! BIfA� l A & R31 `PMN'THAbE » ° NOx CO PM10 PMes Trenching 41 19 2 2 Paving 16 11 1 1 SCAQMD Threshold 183 1253 13 7 Exceeds Threshold? No No No No Source: Air Quality Assessment Report (URS 2013a), Notes: NOx =nitrogen oxides; CO =carbon monoxide; PMro =particulate matter less than less than or equal to 10 microns in diameter; PM2.5 = particulate matter less than less than or equal to 2.5 microns in diameter. Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the Project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the primary source of local emissions within the study area. Localized areas where ambient concentrations exceed national and/or state standards for CO are known as hotspots. The SCAQMD defines typical sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots." These pockets have the potential to exceed the state one -hour standard of 20 parts per million (ppm) or the eight -hour standard of 9 ppm. Note that the federal levels are based on one- and eight -hour standards of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards before the federal standards. The following intersections were modeled for CO hotspots as detailed in the Air Quality Assessment Report (URS 2013a): • Bristol Street and 17"' Street • Bristol Street and Washington Avenue As shown in Table 6, both the 1- and 8 -hour CO concentrations at the intersections that were affected by the proposed Project would be substantially below the California and federal AAQS for CO. Potential CO impacts related to the Project alternatives are below AAQS and would not result in a significant air quality impact from CO hotspots. TABLE 6 CO HOTSPOT ANALYSIS (PPM) CONCENTRATION CAAQS CONCENTRATION CAAQS 1 -Hour 8 -Hour Bristol Street and Civic Center Drive Bristol Street and Washington Avenue ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 34 75B -53 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 20 4.5 20 4.5 20 4.5 Source: Air Quality Assessment Report(URS 2013a), Note: CAAQS = California Ambient Air Quality Standards. 1 -Hour 8 -Hour As discussed previously, the proposed Project would not result in air pollutant concentrations that exceed the SCAQMD's LSTs for construction activities. In addition, the operations phase of the Project would not result in CO hotspots. As such, the construction and operations phases of the Project would not result in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant concentrations. Mitigation Measures No additional new mitigation measures are required. e.) Create objectionable odors affecting a substantial number of'people? Construction activities associated with the proposed Project may generate detectable odors from heavy - duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -term, would cease upon Project completion, and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. 3.4 Biological Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection E - Streambed Modification, of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? The Project site is located within a highly urbanized area within the City of Santa Ana. No sensitive natural habitat or special- status species exist on or in the vicinity of the proposed Project (Natural Environment Study [Minimal Impacts], URS Corporation, April 2011). Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -54 PAGE ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Refer to response in 3.4 (a.), above. No riparian habitat or other sensitive natural communities are identified in the Project area or vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Refer to response in 3.4 (a.), above. No federally protected wetlands are identified in the Project area or vicinity. The proposed Project is located within a highly urbanized area of the City of Santa Ana. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed Project is located within a highly urbanized area of the City of Santa Ana. The Project would not interfere with the movement of any native resident or migratory fish or wildlife species, corridors, or impede the use of native wildlife nursery sites, as none are located within the Project area. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed Project may result in the removal of existing landscaping, including trees. As such, removal or planting of trees is required to comply with the City of Santa Ana Municipal Code, Chapter 33, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees. Furthermore, the proposed Project would not conflict with the City's tree ordinance. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 36 75B -55 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The Project site is not located within a habitat conservation plan. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.5 Cultural Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection T - Cultural Resources, of the previously approved 1990 FEIS /EIR. a.) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? A Historic Property Survey Report (Applied Earthworks, 2015) was prepared for the Project to document identification, recordation, and evaluation efforts for architectural resources, such as buildings, structures, objects, districts, and linear features within the Project area. The Historic Property Survey Report concludes with the finding that none of the properties within the Area of Potential Effect (APE) appear to meet the criterion for listing in the National Register of Historic Places or California Register of Historical Resources (CRHR). The historic - period properties within the APE also have been evaluated in accordance with Section 15064.5(a)(2) -(3) of the CEQA Guidelines, using the criteria outlined in Section 5024.1 of the California Public Resources Code (CPRC), and do not appear to be historical resources for purposes of CEQA. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of proposed excavations, the potential to uncover archaeological resources is considered low. However, implementation of mitigation measures as included in the previously approved 1990 FEIS/EIR would reduce impacts to archaeological resources yet uncovered or undiscovered. The proposed Project would not result in archaeological impacts greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? As documented in Chapter VI, Resources Element, of the County of Orange General Plan, the Project site is not located in an area of paleontological sensitivity. Also, the proposed Project would involve only shallow excavation. Furthermore, since the Project area is already developed, the potential for discovering paleontological resources during construction is low. Soils occurring in the Project area are mostly Quaternary Alluvium. Typically, these deposits are less than 10,000 years old, and not likely to contain 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 37 75B -56 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue important fossils. No greater impacts to paleontological resources than previously analyzed in the 1990 FEIS /EIR would result from Project implementation. Mitigation Measures No new additional mitigation measures are required. tb) Disturb any human remains, including those interred outside offormal cemeteries? The Project site is located within a highly urbanized area within the City of Santa Ana. No formal cemeteries are located within the Project area or vicinity. However, in the event that human remains are uncovered during grading or excavation, contractors are required to comply with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and CPRC Section 2098.98. The County Coroner and, in the event that the remains are Native American, the Native American Heritage Commission would be notified and, in turn, would notify those persons believed to be most likely descended from the deceased for appropriate disposition of the remains. The proposed Project would not result in an impact to human remains greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.6 Geology and Soils This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landform Modification, B - Seismic Hazards, C - Erosion Impacts, and F - Water Quality, of the previously approved 1990 FEIS/EIR. a.)i Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The City of Santa Ana is not included in the Alquist - Priolo Earthquake Fault Zoning Map. The Project site is not underlain by an active fault and the closest fault, the Newport- Inglewood Fault, is approximately eight miles to the west. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS/FIR. Mitigation Measures No new additional mitigation measures are required. a.)ii Strong seismic ground shaking? The Newport- Inglewood Fault is the closest fault to the Project site and is the most likely source of ground shaking impacts. The proposed Project is an intersection widening project and would not expose people or structures to adverse ground shaking impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 38 75B -57 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue a.)iii Seismic- relatedgroundfallure,including liquefaction? The Project site is not identified by the 1990 FEIS /EIR as having a high liquefaction potential but is near areas classified as having high to medium liquefaction potential. In addition, the Project would be constructed to achieve the standards outlined in the California Building Code to reduce impacts in this regard. Consequently, the proposed Project would not expose people or structures to potential liquefaction impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. a.)iv Landslides? The proposed Project site is generally flat and does not contain any significant slopes. The proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Result in substantial soil erosion or the loss of topsoil? Exposure of barren rock and soil surfaces during construction would result in soil erosion. However, considering the slight gradient, anticipated erosion impact is minimal. Furthermore, the Project would be subject to National Pollutant Discharge Elimination System (NPDES) permitting regulation, including the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) during construction activities. The SWPPP requires construction contractors to implement best management practices (BMPs) to reduce sediment from impacting the storm water system. The increased erosion impact due to the intersection widening would not be substantially greater than previously analyzed. c.) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? The 1990 FEIS /EIR indicated that there are no instances of undisturbed, natural soils. The Project site is underlain by well - drained alluvial fan or flood plains and is not included in the areas of high subsidence or high liquefaction hazard (but located south of an area identified as having high to medium subsidence for liquefaction). The Project area is fully developed with urban uses within the City of Santa Ana. The proposed Project would be constructed in accordance with the standards of the Uniform Building Code (UBC). The proposed Project would not create greater impact than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO PAGE 39 75B -58 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The proposed Project would not include the construction of any structures other than relocation of existing utilities. The proposed Project would not create substantial risks to life or property and the proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed Project would not generate any sewage or wastewater and would not require installation of any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. 3.7 Greenhouse Gas Emissions This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections H - Air Quality, and V - Construction Impacts of the 1990 FEIS/EIR. a.) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas emissions (GHG) were not evaluated in the 1990 FEIS/EIR. Construction activities would consume fuel and result in the generation of GHG emissions. Construction of the Project is anticipated to occur over a one -year period. Construction - related GHG emissions would cease upon completion of the Project. Due to the length of construction activities, GHG emissions associated with construction activities are anticipated to be minimal. Because construction emissions are not substantial and would cease after completion of construction, GHG emissions would not be significant. Furthermore, the Project proposes intersection widening of Bristol Street at 1701 Street and Washington Avenue, therefore only carbon dioxide (CO2) emissions from mobile - sources are evaluated. Similar to the other criteria pollutants, the highest emissions would occur between 0 to 10 miles per hour (mph) and 50 mph and above. Because the Project would improve traffic flow within the Project area, the Project would result in reduced CO2 emissions. Consequently, GHG emissions associated with the Project would be less than significant. Mitigation Measures No mitigation measures are required. b.) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions ofgreenhouse gases? The proposed Project would not conflict with applicable plans, policy, or regulations adopted for the purpose of reducing the emissions of GHG. The proposed Project would result in improved traffic flow, reduced vehicle idling times, and congestion. Implementation of the proposed Project would not result in new impacts to GHG. ANA 305 -011 (PER 02) CITY OF SAN"I'A ANA (01/19/2015) YU PAGE 40 75B -59 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Mitigation Measures No mitigation measures are required. 3.8 Hazards and Hazardous Materials This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections V - Construction Impacts, X - Hazardous Materials, of the 1990 Final EIS /EIR. a.) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed Project would involve demolition of existing structures. Compliance with the standard protocol surveys and abating procedures would be required prior to any demolition activities that would potentially disturb existing building materials. Furthermore, specific requirements limiting asbestos emissions from building demolition activities are set forth in SCAQMD Rule 1403 (Asbestos Emission from Demolition/Renovation Activities). The existing structures to be demolished and roadway pavement striping are also required to be surveyed for lead -based paint prior to removal, in compliance with the applicable local, state, and federal regulations administered through the California Division of Occupational Safety and Health. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No mitigation measures are required. b.) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Refer to response in 3.8 (a.), above. Compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed. Mitigation Measures No new additional mitigation measures are required. C.) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? As listed below in Table 7, there are four schools located within approximately one - quarter mile of the Project site. TABLE 7 SCHOOLS WITHIN THE PHASE IIIA PROJECT AREA SCHOOL NAME ADDRESS, DISTANCE. LOCATION Gonzalo Felicitas Mendez Fundamental 2000 North Bristol Street 0.17 mile Northwest of Bristol Street at 17t" Intermediate School Santa Ana, CA 92706 Street intersection Love 2 Learn Preschool & K 1200 West 17th Street 0.10 mile East of Bristol Street at 17th Street Santa Ana, CA 92706 intersection Woodrow Wilson Elementary School 1317 North Baker Street 0.16 mile Northeast of Bristol Street at Santa Ana CA 92706 Washington Avenue intersection Heroes Elementary School 1111 W Civic Center Drive 0.25 miles East of Bristol Street at Civic Santa Ana, CA 92703 Center Drive intersection ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 41 75B -60 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue George Washington Carver 1401 W Santa Ana Boulevard 0.25 miles Southwest of Bristol Street at Civic Elementary School Santa Ana, CA 92703 Center Drive intersection Santa Ana College 1530 West 17th Street 0.20 mile West of Bristol Street between Santa Ana, CA 92706 Washington Avenue and 17th Street Refer to response in 3.8 (a.), above. Health risks associated with Project construction- related activities would be less than significant. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Project area is developed with residential, institutional, open space, commercial and retail uses. Pursuant to the Phase I Initial Site Assessment Update prepared by RBF Consulting (2015), the Project site includes a former service station location where gasoline was reported to have contaminated the groundwater; the site was under -going site remediation through appropriate state and local agency standards as required. To that end, the Santa Ana Regional Water Quality Control Board issued a case closure letter dated September 3, 2014 stating that no further action was required for the site. Compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within an airport land use plan. The closest airport to the site is John Wayne — Orange County Airport, more than five miles southeast of the Project site. The proposed widening would not introduce any new risks or increase risks associated with the Project. Mitigation Measures No new additional mitigation measures are required. f.) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within the vicinity of a private airstrip and would not create any safety hazard. The proposed Project would not create additional significant impact. ANA 305 -01 t (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 42 75B -61 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. g.) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? During construction, the disruption of traffic and access along Bristol Street between Civic Center Drive and Washington Avenue would temporarily affect the mobility of emergency vehicles. However, provisions would be made for interim access through the Project corridor and to adjoining properties; traffic control plans would be prepared detailing provisions for vehicular movement and access through the Project corridor during construction. Advance warning and information signs would be used to inform motorists during the construction process. It is expected that two -way travel would be maintained along Bristol Street during construction. Although the proposed Project may interfere with an emergency evacuation plan, it would be short term during construction and mobility would improve once the Project is completed. Compliance with mitigation measures from the 1990 FEIS /EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. h.) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project is located in a highly urbanized area of the City of Santa Ana. There are no wildlands in the Project vicinity and no new significant impacts would result with Project implementation. Mitigation Measures No new additional mitigation measures are required. 3.9 Hydrology and Water Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections C - Erosion Impacts, D - Floodplain /Floodway Encroachment, and F - Water Quality of the 1990 FEIS /EIR. a.) Violate any water quality standards or waste discharge requirements? Under Section 402 of the Clean Water Act (CWA), the EPA has established regulations under the NPDES program to control direct storm water discharges. The proposed Project would be required to comply with the NPDES program for the Santa Ana Regional Water Quality Control Board. Construction Activities Grading and excavation and use of hazardous materials during Project - related construction activities would create potential sources of polluted discharge. The construction contractor is required to conforin to the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity. Pursuant to the CWA, in 2009 the State Water Quality Control Board issued a statewide General Construction Permit for stonnwater discharges from construction sites (NPDES No. CAS000002; Order ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 43 75B -62 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue No. 2009 - 2009 -DWQ, amended as Order No. 2012 - 0006 -DWQ). Under this General Construction Permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for stormwater discharges or to be covered by the General Construction Permit. In addition, BMPs specified in the Caltrans Storm Water Management Plan are also applicable. The construction contractor is required to conform to the requirements of the General NPDES Permit for Construction Activities and any subsequent General Permit in effect at the time of Project construction. As part of the statewide NPDES permit, the construction contractor would be required to implement BMPs into their construction operations to reduce potential water quality impacts to the maximum extent practicable through preparation of a SWPPP. The General Construction Permit contains requirements that BMPs must meet, including: Erosion Control Erosion control, also called stabilization, is the protection of the soil surface so that soil particles do not become detached by water or wind; and trapping soil particles that do become detached and are moved by water or wind. Non - Stormwater Management Non - stormwater management is the reduction or avoidance of discharges other than stormwater, such as from cleaning of vehicles and equipment, and spills of hazardous materials and hazardous wastes. Non - stormwater management includes requirements for the use and storage of hazardous substances so as to avoid spills and minimizes pollution by cleaning spills that do occur. The SWPPP contains BMPs chosen for a project based on the specific activities that would be conducted as part of that project, and the amounts of stormwater and non-stormwater runoff that are anticipated, and the projected Risk Level. The 1990 FEIS /EIR included a mitigation measure to control stormwater runoff associated with construction activities. Impacts would be less than significant and would be similar to those identified in the 1990 FEIS/EIR. Moreover, the Project would comply with the updated NPDES requirements, as described above. Operational Phase Vehicular travel along the improved Project corridor has the potential to degrade water quality, including increases in such pollutants as oil, gasoline, grease, lead, and dust. Discharge from the Project site to stormwater facilities would consist of non -point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediments. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residue. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry season period. Due to the nature of the proposed Project, occurring within an existing developed area, Project impacts are not considered adverse. Therefore, impacts to water quality would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of'the local groundwater table level (e.g., the production rate ofpre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? ANA 305 -011 (PER 02) Cr1'Y OF SANTA ANA (01/19/2015) YU PAGE 44 75B -63 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue The proposed widening of Bristol Street, as addressed herein, would not result in increased water consumption and would not deplete groundwater supplies. No impact to groundwater supplies would result from the proposed Project. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? The proposed Project would not alter the existing drainage pattern in the area. Storm drain improvements would include the relocation and /or construction of catch basins and lateral drainage lines as necessary. Therefore, implementation of the proposed Project would not result in a substantial erosion or siltation on- or offsite due to drainage alteration. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? Refer to response in 3.9 (c), above. The proposed Project would not result in a substantial increase in impervious ground surfaces, and therefore would not increase the rate or amount of surface runoff so as to create on- or off -site flooding. Impacts would not be greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems orprovide substantial additional sources ofpolluted runoff? Refer to response in 3.9 (c), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Otherwise substantially degrade water quality? Refer to response in 3.9 (c.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -0I1 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -64 PAGE45 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue g.) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed widening would not place any housing within a 100 -year flooding zone as mapped by the Federal Emergency Management Agency; therefore, no impact would result from the proposed Project in that regard. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. h.) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? Refer to response in 3.9 (g), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. i.) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The proposed Project does not involve the development or placement of any structures, with exception of relocation of utility poles. Therefore, the Project would not expose people or structures to a significant flooding risk beyond that which already exists. No impact would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. j.) Inundation by seiche, tsunami, or mudflow? The Project site is located approximately 10 miles inland from the Pacific Ocean; therefore, the likelihood of tsunami impacting the site is minimal. The Project site and vicinity are highly urbanized and there is no unusual slope or geologic features in the area. The potential for seiche, tsunami, or mudflow impacting the Project site is less than significant. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measure No new additional mitigation measures are required. 3.10 Land Use and Planning This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection A - Landform Modification, of the 1990 FEIS /EIR. a.) Physically divide an established community? The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue; the proposed widening would not divide an established community. Although the proposed widening of Bristol Street within the Project limits would result in full acquisition of existing properties, ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PACE 46 75B -65 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue the Project would not create a physical barrier to, or separate a community. The proposed Project would not introduce any significant land use impacts than previously analyzed. No significant impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? According to the City of Santa Ana's General Plan, the Project area is designated General Commercial (GC). The zoning designation of properties within the Project area is Specific Plan (SP I) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. The proposed Project would not result in changes to the land use designation of the acquired parcels. The proposed Project is in compliance with the existing designation and would not create a new conflict. No significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. c.) Conflict with any applicable habitat conservation plan or natural community conservation plan? The Project site is not a part of any habitat conservation plan, and is located within a highly urbanized area within the City of Santa Ana. The proposed widening would not conflict with any habitat conservation plan or natural community. No impact is anticipated. Impacts would be similar to those identified in the 1990 FEISBIR. Mitigation Measures No new additional mitigation measures are required. 3.11 Mineral Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection W - Consumption of Renewable and Non - Renewable Resources of the 1990 FEISBIR. a.) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The Project site is currently developed and does not contain any areas that are utilized for the extraction of mineral resources. Furthermore, the proposed Project would not involve excavation that would likely identify previously unidentified mineral resources. No impact to mineral resources would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 75B -66 PAGE 47 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue b.) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The Project site is currently developed and is not delineated as a mineral resources recovery site by the City of Santa Ana General Plan. Implementation of the proposed Project would have no impact on the mineral resources and no mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.12 Noise This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections I - Noise, and V - Construction Impacts of the 1990 FEIS/EIR. a.) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposed Project involves widening of Bristol Street between Civic Center Drive and Washington Avenue in an area that consists primarily of residential and commercial uses (Category C) along Bristol Street within the Project limits. As detailed in the Supplemental Technical Noise Study Memorandum prepared by RBF Consulting (2014), noise abatement in the form of noise barriers, as originally presented in the 1990 FEIS /EIR, is not required for the Phase IIIA Project using current noise modeling methodology. Mitigation Measures No mitigation is required related to the operational (with - widening) phase of the Project; noise abatement in the form of noise barriers (sound walls) is no longer required based on the updated Project noise analysis. b.) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Refer to response in 3.12 (a.), above. During Project construction, noise associated with construction may intermittently dominate the noise environment in the immediate area of constriction. As described in the Noise Study Report prepared by URS Corporation (2012c), typical constriction equipment for roadway construction is expected to generate noise levels ranging from 74 to 89 decibels (dB) at a distance of 50 feet. However, no additional adverse noise impacts from construction are anticipated as construction would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Construction equipment would be properly fitted and maintained according to the manufacturer's specifications. Furthermore, construction noise would be short -term, temporary, and cease upon completion of the proposed Project. Impacts would be similar to those identified in the 1990 FE1S /EIR with implementation of mitigation measures, as identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YO 75B -67 PAGE48 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue c.) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response in 3.12 (a.) and (b), above. Mitigation Measures No new additional mitigation measures are required. rl) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response 3.12 (b.), above, for discussion regarding temporary noise impacts associated with Project construction. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project site is not located within an airport land use plan. The nearest airport is the John Wayne — Orange County Airport, located more than five miles from the proposed Project. No impacts would occur. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. J.) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Refer to response 3.12 (e.), above. The proposed Project is not located within the vicinity of a private airstrip. Mitigation Measures No new additional mitigation measures are required. 3.13 Population and Housing This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections L - Population, M - Housing Displacement, N - Business Displacement, O - Impacts on Neighborhood Character and Minority Groups, and R - Effect on Assessed Property Values, of the 1990 FEIS /EIR. No take of residential parcels is proposed as part of this Project. a.) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 49 75B -68 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue, within a highly urbanized and built out area. The proposed Project is designed to accommodate the existing and future traffic volume and would not create significant numbers of new trips. The roadway segments and intersections within the Project area function at acceptable levels of service and, as such, are not expected to be significantly impacted to an unacceptable level of service by any additional traffic generated from the proposed Project. The proposed widening would not result in additional impact. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? A Relocation Impact Study Technical Memorandum was prepared by POWER Engineers, Inc. (2015) to identify potential impacts on residential and non - residential occupants as a result of the proposed Project. The parcels identified for acquisition are defined as distinct locations where residential and non- residential displacement could occur along the Project alignment. A total of 20 parcels (see Table 1) would be fully acquired as a result of the proposed widening of Bristol Street between Civic Center Drive and Washington Avenue (refer to Figure 4 for the locations of affected properties). More specifically, the proposed Project, and its associated right -of -way requirements, would result in the full acquisition by the City of Santa Ana, of 17 single - family residential parcels; two parcels representing commercial /utility uses; and one parcel characterized as office -type use. Parcel 405- 262 -26 is within the project limits; however, this parcel is owned by the City. Based on the Relocation Impact Study Technical Memorandum (POWER Engineers, Inc. 2015), comparable relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity, the need to provide replacement housing would not be triggered as a result of implementing the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Project - related acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. Mitigation Measures No new additional mitigation measures are required. c.) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response 3.13 (b.), above. Prior to displacement, residential and non - residential displacees would be presented with information regarding comparable replacement properties that are available within the last six months for rent, lease, or purchase regardless of race, color, religion, sex or national origin, and would be consistent with the requirements of Title VI of the Civil Rights Act of 1968. Impacts would be similar to those identified in the 1990 FEIS /E[R. Mitigation Measures No new additional mitigation measures are required. ANA 305 -Ot I (PER 02) CITY OP SANTA ANA (01/1912015) YU PAGE 50 75B -69 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 3.14 Public Services This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections P - Impacts on Community Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. a.) Pire Protection? The proposed Project includes the widening of the existing Bristol Street and no increase in demand for fire protection services would occur with implementation of the proposed Project. Furthermore, the proposed Project would result in positive impacts as a result of greater congestion relief and increased mobility in the vicinity for motor vehicles including emergency vehicles. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Police Protection? Refer to response for Section 3.14 (a.), above. The proposed Project would reduce congestion and traffic idling times, and therefore, increase mobility of emergency vehicles, including police vehicles. The proposed Project would not result in the need or increase the demand for police services in the area. Mitigation Measures No new additional mitigation measures are required. c.) Schools? No schools would be impacted by the proposed Project and no school services would be affected by the proposed Project (see response to Section 3.8 (c.), above, for information regarding schools in the vicinity of the Project). Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Parks? There are no parks within the Project limits, and no park services would be increased or impacted as a result of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Other public facilities? The proposed Project entails the widening of Bristol Street between Civic Center Drive and Washington Avenue, and would not generate demands for public facilities. Impacts would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 51 75B -70 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA —Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. 3.15 Recreation This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection P - Impact on Recreational Facilities, of the 1990 FEIS /EIR. a.) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue within a highly urbanized and built -out area in the City of Santa Ana; the widening of Bristol Street would not induce growth, nor create demand for recreation - related services. Furthermore, the proposed Project would not result in the physical deterioration of recreational facilities. No mitigation measures are required with regards to recreational resources. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Refer to response 3.15 (a.), above. The proposed Project does not include, nor would it require, construction or expansion of recreational facilities. Therefore, no adverse physical impact on the environment would occur from such facilities as a result of the proposed Project. No mitigation measures are required. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.16 Transportation /Traffic This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections U - Impacts to Transportation Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. As stated in Section 1.0, the proposed Project eliminates the dedicated eastbound right -tum lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17 °i Street. a.) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. The proposed Project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 FEIS /EIR. The widening of Bristol Street was designated in the Orange County Master Plan, and was ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU PAGE 52 75B -71 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue recommended in the Bristol Street Corridor Study — Final Report prepared by Motile, Grover & Associates (1983). It was also recommended in the Arterial Highway Element — Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis prepared by Parsons, Brinkerhoff, Quade and Douglas, Inc. (1983). The proposed widening is also consistent with the recommendation found in the Intercity Liaison Committee — Five -Year Transportation Study Update to 1990 prepared by Basmaciyan- Darnell, Inc. (1985). Furthermore, the proposed Project would improve traffic operations through the Project corridor. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency./or designated roads or highways? The proposed Project would result in an improvement to Bristol Street from Civic Center Drive to Washington Avenue. Within the Project limits, Bristol Street would be widened from four to six lanes. The proposed Project includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street, and also eliminates the eastbound through movement on Washington Avenue at Bristol Street to match existing conditions; elimination of this through movement along Washington Avenue would not result in a reduction in level of service as evaluated in the 1990 FEIS /EIR. The Project would result in improved traffic flow and LOS along the roadway; therefore, the proposed Project would not cause the County congestion agency's LOS standards to be exceeded. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The closest airport to the site is John Wayne — Orange County Airport, located more than five miles southeast of the Project site; the proposed Project would have no impact on air traffic patterns. The proposed Project would not introduce any new risks or increase risks. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially increase hazards dice to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed Project would improve the traffic flow along Bristol Street from Civic Center Drive to Washington Avenue, and would not create any sharp curves or other incompatible uses. The proposed Project would not create any significant hazards beyond what was previously analyzed. Impacts would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 53 75B -72 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. e.) Result in inadequate emergency access? The proposed Project would improve traffic operations along Bristol Street in the long -term. During the construction phase traffic flow along Bristol Street within the Project limits could be temporarily affected, including the mobility of emergency vehicles; however, access, including two -way travel would be maintained through the Project corridor during construction. Traffic control plans would be prepared prior to construction to facilitate traffic movement through the Project corridor during construction. Although the proposed Project may interfere with emergency access in the short-term, it would improve emergency access once the Project is completed. The proposed Project would not result in impacts to emergency access beyond those previously identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilitles? The proposed Project would not conflict with any alternative transportation plan, and would increase safety associated with improvements to the traffic operations through the Project corridor. The proposed Project would not result in impacts greater than as described in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.17 Utilities and Service Systems This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections S - Effect on Utilities, and V - Construction Impacts of the 1990 Final EIS /EIR. a.) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed Project would not generate wastewater. No new significant impact is anticipated. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. b.) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing f zellitles, the construction of which could cause significant environmental effects? The proposed road widening Project would not require or result in the constriction of new water or wastewater treatment facilities or expansion of existing facilities. The existing sewer and water lines beneath Bristol Street would not be relocated. No new significant impact is anticipated. Impacts in this regard would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 54 75B -73 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. c.) Require or result in the construction of new storm water drainage facilities or expansion of existingfacilities, the construction of'which could cause significant environmental effects? The proposed Project would not substantively affect runoff volumes in the area. Rather, the Project would improve existing drainage flow by constructing properly designed curb and gutter along the edges of Bristol Street. No new significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The proposed Project entails the widening of Bristol Street between Civic Center Drive and Washington Avenue; such improvements would not result in any increase in water demand /consumption. Landscape improvements, if applicable, would not require any new or expanded water entitlements. The proposed Project would not create any new significant environmental impact. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Refer to response 3.17 (a.) and (b), above. The proposed roadway widening Project would not result in an increase in wastewater production. No new significant impact is anticipated. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The proposed Project would generate construction waste on a short-term basis. Construction waste that cannot be recycled would be taken to available landfills. The predominant receiving landfill for the City is the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine. The landfill, which is owned and operated by the Orange County Integrated Waste Management Department, opened in 1990 and is scheduled to operate until approximately 2022. The facility has adequate landfill capacity to serve the proposed Project and no new significant environmental impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS/EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 55 75B -74 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. g.) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed Project would comply with all applicable federal, state, and local statutes and regulations related to solid waste. The Project would comply with the City of Santa Ana's established reduction, reuse, and recycling programs. No new significant solid waste impact would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.18 Mandatory Findings of Significance Based on this Addendum, the proposed Project has not substantially changed in regard to the setting, design, impacts, and mitigation measures as described in the 1990 FEIS /EIR. New circumstances or new information, including any new or revised environmental laws, regulations, or policies have not modified the impacts of the proposed Project. a.) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The proposed Project would not result in impacts beyond those identified in the 1990 Final EIS/EIR in this regard, and does not have the potential to degrade the environment, reduce the habitat of a fish or wildlife species, threaten plant or animal communities, reduce or restrict endangered plant or animal species or eliminate important examples of major periods of California history or prehistory. b.) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects ofpast projects, the effects of other current projects, and the effects ofprobable future proiects)? Given the nature and scope of the proposed Project, and in consideration of mitigation measures that are included in the 1990 FEIS /EIR, the Project would not involve impacts that are cumulatively considerable. c.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Construction - related activities are anticipated to have some relatively minor, temporary impacts which can be mitigated with implementation of measures included in the 1990 FEIS /EIR. Furthermore, potential long -term (operational) impacts would be reduced to less than significant levels through implementation of required mitigation measures. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 56 75B -75 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA- Civic Center Drive to Washington Avenue 4.0 REFERENCES The following references were utilized for the preparation of this Addendum. Applied Earthworks, Inc. 2015. Historic Property Survey Report - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. Basmaciyan- Darnell, hic. 1985. Intercity Liaison Committee - Five -Year Transportation Study Update to 1990. California Department of Transportation (Caltrans). 2012. Noise Study Report - Bristol Street Widening Phase III Civic Center Drive to Seventeenth Street. March 2012. Motile, Grover & Associates. 1983. Bristol Street Corridor Study - Final Report. Parsons, Brinekerhoff, Quade, and Douglas, Inc. 1983. Arterial Highway Element - Santa Ana Element - Santa Ana Transportation Corridor State II Alternative Analysis. POWER Engineers, Inc. 2015. Relocation Impact Statement Technical Memorandum - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. RBF Consulting. 2014. Supplemental Technical Noise Study Memorandum - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. August 2014. 2015. Phase I Initial Site Assessment Update - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. Santa Ana, City of. 2010. City of Santa Ana General Plan. Adopted September 1982 (with updates and reformatting through January 2010). 2013. City of Santa Ana Website: www.ci.santa- ana.ca.us. Accessed November 2013. 2013b. 17' St. at Bristol St. EB Right Turn Pocket Future LOS Calculation Memorandum. November 25, 2013. Southern California Association of Governments (SCAG). 2008. Orange County RTIP, Project Listing Report. Accessed at: www.scag.ca.gov. URS Corporation. 2010a. Traffic Impact Analysis - Bristol Street Widening Project Phase III Civic Center Drive to Seventeenth Street. September 2010. . 2010b. Community Impact Assessment - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). October 2010. 2011a. Natural Environment Study (Minimal Impacts) - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). April 2011. 201 lb. Final Relocation Impact Statement- Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). November 2011. 2012a. Historic Resources Evaluation Report - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). September 2012. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 57 75B -76 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 2012b. Air Quality Conformity Analysis — Bristol Street Widening Project Civic Center Drive to 17 "' Street (Phase III). November 2012. 2012c. Noise Study Report — Bristol Street Widening Project Civic Center Drive to 17d' Street (Phase III). March 2012. 2013a. Air Quality Assessment Report — Bristol Street Widening Project Civic Center Drive to 170' Street (Phase III). January 2013. 2013b. Initial Site Assessment — Bristol Street Widening Project Civic Center Drive to 171" Street (Phase III). March 2013. Wildan Associates. 1990. Final Environmental Impact Statement, Proposed Widening of Bristol Street from Warner Avenue to Memory Lane, in the City of Santa Ana. 1990. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 58 75B -77 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street APPENDIX A MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -78 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17`" Street THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO 75B -79 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I 7 Street Modified Initial Study Checklist The following Modified Initial Study Checklist is based on the California Environmental Quality Act (CEQA) Initial Study Checklist. It is modified to evaluate the proposed Project changes for which environmental impact reports /statements have previously been completed to assist in the determination of the need for supplemental environmental documents, in this case, a Subsequent or Supplemental EIS /EIR or an Addendum under Public Resources Code 21166 and Guideline Sections 15162, 15163, and 15164, respectively. For purposes of this study, references to "the proposal' in the left hand column questions refer to the modifications to the Project (proposed Project) as compared the Project improvements evaluated in the 1990 FEIS/EIR. The first four columns to the right of the modified checklist questions identify whether the proposed Project changes would result in new impacts, and if so whether these impacts would be less than significant, less than significant after mitigation, or significant. The fifth column asks whether or not the impacts associated with Project changes, if any, were sufficiently disclosed in the previous environmental documents (Not Addressed). Finally, the last column indicates whether or not a Subsequent or Supplemental EIR is needed. Moreover, a Subsequent or Supplemental EIR would be needed if there were new significant unmitigated or substantially more severe impacts which would result from the Project changes and which were not sufficiently disclosed in the previous environmental documents. Discussion in support of the conclusions indicated on the checklist is provided in Chapter 3. ANA 305 -01 I (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -80 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A 75B -81 New Impacts of Proposed PreviousFEIS /EIR - Project Changes No Less Than .Less Than Potentially Impacts Subsequent. or .Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation C AESTHETICS. Would the project: a) Have a substantial adverse effect on a X scenic vista? YES NO b) Substantially damage scenic resources, X N/A NO including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X YES NO character or quality of the site and its surroundings? d) Create a new source of substantial light ............. _ .... X ...._.._....._......._._ .... ..................................... , ................... ................. ... ............ ... .............. .. YES .... _ ..... _ .... -------- ,..._._.... NO or glare, which would adversely affect day or nighttime views in the area? 2.. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique X N/A NO Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for X N/A NO agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or X N/A NO cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or X N/A NO conversion of forest land to non - forest use? e) Involve other changes in the existing X N/A NO environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation X YES NO of the applicable air quality plan? b) Violate any air quality standard or X YES NO contribute substantially to an existing or projected air quality violation? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A 75B -81 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 1716 Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -82 APPENDIX A New impacts of Proposed Previous FEIS /EIR Project Changes. No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation c) Result in a cumulatively considerable X YES NO net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X YES NO substantial pollutant concentrations? e) Create objectionable odors affecting a ..............._..... X __.__ YES ....__.._._.. NO substantial number of people? 4. BIOLOGICAL RESOURCES Would the project:.. X YES NO a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ............................ X . .................. ____.._._ ................_.............. _......... . YES _......._..._..�__. _.._ _... NO b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ......... X ......._... ,_ ,....... ... ...._.__ --- YES - -__._ .. ...._ .... NO c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? .......... X ............. .____ _.............. ___ .. _......__..... YES .__- - - -_. NO d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ........... X ............. ._..- - _.-- ........ . ......_.. _._... . _.......---.. YES - __..._.._. NO e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -82 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street MODIFIED INITIAL STUDY CHECKLIST ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -83 APPENDIX A New Impacts of Proposed Previous: FEIS /EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or - Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? S. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in X YES NO the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in X YES NO the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique X YES NO paleontological resource or site or unique geologic feature? X N/A NO d) Disturb any human remains, including those Interred outside of formal cemeteries? 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ............._...........,.............,.... X .,,......_.�.._..__._.._.,----- ...._............... ............... ........ ..................._... ...- YES ........... __ ........... _.... NO i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X YES NO X YES NO iii) Seismic-related ground failure, including liquefaction? X YES NO iv) Landslides? X YES NO b) Result in substantial soil erosion or the loss of topsoil? ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -83 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST - - New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than LessThan Potentially Impacts Subsequent or Impact Significant. `Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result In on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? X YES NO d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ........_........._............ _.__. °'-----'--..._.._... ...._ ..................................... X ...... _...._...... _..- ... --. ....... .............._......._....... N/A NO e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 7. GREENHOUSE GAS EMISSIONS. Would the project a) Generate greenhouse gas emissions, X NO NO either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy X NO NO or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 8. HAZARDS. Would the project Involve: X YES NO a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X YES NO b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ..................... ............................... X .............. ..................... ..........._............... ........ N/A ...._ ......... _ ..... ..... .__...------ . NO c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? ............._.._............,,...,,,....... ,...,..,,..._.....__- X ---..__._� ........ ............... ............. ... ..............,._..._........._ YES ._ .._.._.....__._..._._..._.._... NO d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X N/A NO e Fora project located within an airport ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -84 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -85 APPENDIX A New Impacts of Proposed Previous FEIS /EIR. - Project Changes . No Less Than Less Than Potentially Impacts Subsequent or Impact Significant - Significant .Significant Disclosed? Supplemental EIR Impact'- After Impact Required? Mitigation land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X N/A NO f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically .. ......... ......... X ....___.__.. __.... YES NO interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a X N/A NO significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or X YES NO waste discharge requirements? b) Substantially deplete groundwater X YES NO supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage 1. X YES NO pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -85 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU APPENDIX A 75B -86 New Impacts of Proposed - Previous FEWER Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental SIR Impact After Impact Required? Mitigation X YES NO d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a mannerthat would result in flooding on- or off -site? ......................................................................................................................................... X .... YES _..._ ......_...._.�...._.._..._._... NO e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X YES NO f) Otherwise substantially degrade water quality? ........ --- _ ....................................._.............. X ,,........._.___..___..._._.... _......._......................... ...._......_..._....................__..._......_......... YES NO g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ...__. _.._.- ....... ........... X ......... ............. ........... YES NO h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? ............ I ........... X __.._... ..__.._._ _____...._.. __.. _....... YES ._...._. .... ...... .... .._._ NO 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X N/A NO j) Inundation by seiche, tsunami, or mudflow? 10. LAND USE AND PLANNING. Would the project: X N/A NO a) Physically divide an established community? X YES NO b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X ............. N/A NO c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU APPENDIX A 75B -86 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST ` New Impacts of Proposed - Previous: FEIS /EIR '. Project Changes No Less.Than' Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Died ad? Supplemental EIR Impact After Impact Required? Mitigation 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a X YES NO known mineral resource that would be of value to the region and the residents of the state? .............................. X ............................... _......._..--'............................................................. ,.......... ............,...___ YES ....... ... _ ............. ..._... NO b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12. NOISE. Would the project result in: a) Exposure of persons to or generation of X YES NO noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of X YES NO excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in .......... .. X ... .. .......... .. . ..... ._._ YES .._-----__.__..._..__...--- NO ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic __ ._...... X __...__._..._.. .............. __. _...__ YES ..... ..............___ NO increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X N/A NO land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -87 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 11113— Washington Avenue to 1716 Street MODIFIED INITIAL STUDY CHECKLIST - New Impacts of Proposed Previous FEIS /EIR. Project Changes - No Less Than Less Than Potentially Impacts Subsequent or `Impact Significant - Significant Significant Disclosed? Supplemental EIR - Impact After Impact Required ?. Mitigation X N/A NO f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 13. POPULATION AND HOUSING. Would the project: X YES NO a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X YES NO b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X YES -NO c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? 14. PUBLIC SERVICES. Would the project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response times or other performance objectives . for any of the public services: a) Fire protection? X YES NO b) Police protection? X YES NO c) Schools? X YES NO d) Parks? X YES NO e) Other public facilities? X YES NO 15. RECREATION X YES NO a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -89 APPENDIX A New Impacts of Proposed Previous FEISIEIR ProjectChanges No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? .Mitigation X YES NO b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 16. TRANSPORTATIONITRAFFIC. Would the project: X YES NO a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X YES NO b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, ...................... ................................... X ......... _.._........ _ ..... .._................ ...... .......... ... ...._.._....._............._... NO _. ._....._.....___....._._.___... NO including either an increase in traffic levels or a change in location that results in substantial safety risks? J) Substantially increase hazards due to a ...................... X .... ..........................._........................................ ......_._.._.__._.._..._._____. YES NO design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X YES NO access? X YES NO f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X YES NO requirements of the applicable Regional Water Quality Control Board? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -89 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to I 7 Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -90 APPENDIX A Now impacts of Proposed Previous FE161EIR Project Changes No Less Than Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Disclosed? Supplemental ElR' Impact 'After Impact Required ?. - Mitigation X YES NO b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X YES NO c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ........ ...... ........... ....... .......... .......... ... _..--- '--...._...._ .._ .................... X ................................ ........_.......__......._..._..._......_................... YES NO d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ............ ........... . --- - ------- ._.........." .................. X ............................... ......... ..__..... ......... ...._............. .............,.... YES NO e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X YES NO f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 1. .X YES NO g) Comply with federal, state, and local statutes and regulations related to solid waste? 18,. MANDATORY FINDINGS OF SIGNIFICANCE. Responses to the following questions are discussed in Chapter 3. X YES NO a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are X YES NO individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU 75B -90 APPENDIX A ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A 75B -91 New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation projects, and the effects of probable future projects)? c) Does the project have environmental X YES NO effects which will cause substantial adverse effects on human beings, either directly or indirectly? Note: N/A = Not applicable 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated ", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Responses to this section are discussed further in Chapter 3. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A 75B -91 75B -92 ROH — 04107/15 RESOLUTION NO. 2015 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01 FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PHASE IIIA) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 19, 1990, the City Council approved the Final Environmental Impact Statement / Environmental Impact Report (EIS 89 -01) for the . widening of a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane, hereinafter referred to as the 'Project ". B. City Council has been asked to approve the commencement of Phase IIIA of the Project, widening Bristol Street from Civic Center Drive to Washington Avenue. Phase IIIA includes minor design modifications to the Project approved in EIS 89 -01. C. On April 7, 2015, the City Council of the City of Santa Ana considered the request for approval of the Addendum to the Final Environmental Impact Study/ Environmental Impact Report (EIS 89 -01). Section 2. The City Council previously approved and adopted Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01). In accordance with the California Environmental Quality Act ( "CEQA "), an Addendum to EIS 89 -01 was prepared for Phase IIIA of the Bristol Street Widening Project. A true and correct copy of the Addendum is attached hereto as Exhibit "A" and incorporated herein by reference. The City Council reviewed the information contained in the Addendum, which includes reference materials, all of which are hereby incorporated by reference, and as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the Addendum adequately addresses the expected environmental impacts of this Project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original FEIS /EIR. Resolution No, 2015 - Page 1 of 3 75B -93 Section 3. The City Council hereby certifies and approves the Addendum to EIR 89 -01, and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the matter required by Law. Section 4. These decisions are based upon the Request for Council Action dated April 7, 2015, and exhibits attached thereto; the public comments; and, the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01), all of which are incorporated herein by this reference. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. ADOPTED this day of April, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia "arvalho, City Attorney Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 - Page 2 of 3 75B -94 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No, 2015 - Page 3 of 3 75B -95 75B -96 EXHIBIT A Please note that Exhibit A referenced in the resolution is Exhibit 3 of the 75B Staff Report. 75B -97 75B -98 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE: PUBLIC HEARING - RESOLUTION TO ADOPT AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET IMPROVEMENT PROJECT BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE (STRATEGIC PLAN NO. 6, 1, G) 1 Z Z — CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving an Addendum to the Final Environmental Impact Statement/ Environmental Impact Report pertaining to the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place. Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improvement of the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, bike lanes, and sidewalks. In 1990, the City Council authorized embarking on these proposed improvements with the approval of the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR) (EIS No. 89 -01). A copy of the FEIS /EIR is attached (Exhibit 1) and is also available for review in the Clerk of the Council office. Since the adoption of the 1990 FEIS /EIR, there have been no substantial changes in the project scope. Minor design modifications for improvements between Warner Avenue and Saint Andrew Place (Exhibit 2) were considered, including addressing climate change issues. These modifications are identified in the Addendum to the FEIS /EIR (Exhibit 3) in accordance with the California Environmental Quality Act (CEQA). The design modifications to the project segment include the following: 75C -1 Resolution Adopting an Addendum to the FEIR /FEIS for the Bristol Street Improvements (Warner to Saint Andrew) April 7, 2015 Page 2 of 2 • The right -of -way (ROW) width would be increased from 120 feet to 128 feet. • The 15- foot -wide parkway would be reduced to 6 feet in width. • The 10- foot -wide sidewalk would be reduced to 8 feet in width. • The Bristol Street centerline between Saint Anne Place and Saint Andrew Place would be shifted an additional four feet to the west. The Bristol Street centerline would remain unmodified north of Saint Andrew Place. The resolution approving the Addendum to the FEIS /EIR (Exhibit 4) is needed to allow expenditure of federal grant funding for right -of -way acquisition and construction of the project. Staff recommends that the City Council adopt the resolution in accordance with the CEQA requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans for Bristol Street widening). ENVIRONMENTAL IMPACT Pursuant to Section 15164(d) of the California Environmental Quality Act, City Council shall consider adopting a resolution approving the Addendum to the Final Environmental Impact Statement /Environmental Impact Report. FISCAL IMPACT There is no fiscal impact associated with this action i-rec ousavipour Exec ive Director Public Works Agency FM /EWG /ML Exhibit: 1. Bristol Street FEIS /EIR (attached CD) 2. Location Map 3. Addendum to the FEIS /EIR 4. Resolution 75C -2 Exhibit 1 Located on the city's website: http: // santaana. granicus .com /GeneratedAgendaViewer.php ?view id =2 &event id =350 A. Bristol Street Improvements and Widening Environmental Impact Study— Environmental Impact Review B. Bristol Street Improvements and Widening Technical Studies C. Bristol Street Improvements and Widening Traffic Study D. Bristol Street Improvements and Widening Historical Property Survey Report E. Bristol Street Improvements and Widening Relocation Impact Study 75C -3 75C -4 ST ANDREW PL CARLT�ON PL CARLTON PL GLENWOOD PL GLENWOOD PL CAMDEN P ` 1 CAMDEN PL I � 1 I ST AN PL T ANNE PL I I � ST GERTRUDE PL r- i �---- ST GERTRUDE PL _J J L-2 WARNER AV (DELHI RD) -,1 r- ._ (SCALE NTS) ® PROJECT AREA EXHIBIT 2 RESOLUTION TO ADOPT ADDENDUM., TO FINAL ENVIRONMENTAL IMPACT $ t savrA ANA STATEMENT /ENVIRONMENTAL IMPACT CITY COUNCIL REPORT FOR THE BRISTOL STREET if P W A AGENDA DATE: IMPROVEMENTS AND WIDENING PROJECT — u APRIL 7, 2015 BETWEEN WARNER AVENUE AND PU9L�C woaks a�EN�. SAINT ANDREW PLACE. PAGE 1 of 1 75C -5 75C -6 August 2014 CITY OF SANTA ANA Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Environmental Impact Report Addendum PROJECT NUMBER; 733667 PRO✓ECTCONTACT,. Court Morgan EMAIL: court morgar @powerang. mm PHONE: 949-436 -3453 POWER s ENGINEERS Exhibit 3 75C -7 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Environmental Impact Report Addendum PREPARED FOR: CITY OF SANTA ANA PREPARED BY. COURTMORGAN 714- 507 -2764 CO URT. MOR GAN @POWERENG. COM 75C -8 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Wldeninq Prolect Warner Ave to Saint Andrew Place (Phase IV) TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................. ..............................1 1.1 PURPOSE OF AN ADDENDUM .............................................................................. ............................... 2 1.2 PROJECT LOCATION ............................................................................................ ............................... 4 1.1.1 Existing Land Uses ........................................................................................................ ..............................4 1.3 PROJECT BACK GROUND ................................................................................... ............................... 10 1.3.1 Approved 1990 Final EM/ EIS ...................................................................................... .............................10 1.3.2 Adopted Transportation Improvement Program ........................................................... .............................10 1.4 PROJECT DESCRIPTION ....................................................................................... ............................. 11 1.4.1 Bristol Street Widening Phase IV Project Area ........................................................... ............................... 11 1.4.2 Property Acquisition ..................................................................................................... .............................11 1.4.3 Changes as Compared to the Approved Project ............................................................ .............................15 1.4.4 Construction Timeframe ............................................................................................... .............................16 1.5 DISCRETIONARY ACTIONS .................................................................................. ............................. 16 2.0 ENVIRONMENTAL CHECK LIST ................................................................... .............................19 2.1 BACKGROUND .................................................................................................. ............................... 19 3.0 ENVIRONMENTAL CONSEQUENCES .......................................................... .............................21 3.1 AESTHETICS ........................................................................................................ .............................21 3.2 AGRICULTURAL RESOURCES ............................................................................ ............................... 22 3.3 AIR QUALITY .................................................................................................... ............................... 23 3.4 BIOLOGICAL RESOURCES ................................................................................. ............................... 32 3.5 CULTURAL RESOURCES .................................................................................... ............................... 33 3.6 GEOLOGY AND SOILS ....................................................................................... ............................... 34 3.7 GREENHOUSE GAS EMISSIONS ......................................................................... ............................... 36 3.8 HAZARDS AND HAZARDOUS MATERIALS ........................................................ ............................... 37 3.9 HYDROLOGY AND WATER QUALITY ................................................................ ............................... 39 3.10 LAND USE AND PLANNING ............................................................................... ............................... 43 3.11 MINERAL RESOURCES ........................................................................................ ............................. 43 3.12 NOISE .................................................................................................................. .............................44 3.13 POPULATION AND HOUSING ............................................................................. ............................... 49 3.14 PUBLIC SERVICES ............................................................................................. ............................... 50 3.15 RECREATION .................................................................................................... ............................... 51 3.16 TRANSPORTATION / TRAFFIC ............................................................................. ............................... 51 3.17 UTILITIES AND SERVICE SYSTEMS ................................................................... ............................... 53 3.18 MANDATORY FINDINGS OF SIGNIFICANCE ....................................................... ............................... 54 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU i 75C -9 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 4.0 REFERENCES ..................................................................................................... .............................56 FIGURES FIGURE 1 REGIONAL LOCATION ..................................................................................... ............................... 7 FIGURE 2 PROJECT LOCATION ........................................................................................ ............................... 8 FIGURE 3 EXISTING LAND USES FROM 1990 FINAL EIS/ EIR ......................................... ............................... 9 FIGURE 4 PROPERTY ACQUISITIONS ............................................................................ ............................... 14 FIGURE 5 PROPOSED PROJECT LAYOUT ....................................................................... ............................... 17 FIGURE 6 PROPOSED LANE GEOMETRICS - 1990 FINAL EIS/EIR ................................ ............................... 18 FIGURE 7A NOISE MONITORING AND MODELING LOCATIONS ................................... ............................... 46 FIGURE 7B NOISE MONITORING AND MODELING LOCATIONS ................................... ............................... 47 TABLES TABLE 1 EXISTING LAND USES ...................................................................................... ..............................4 TABLE 2 PROPERTY ACQUISITIONS ............................................................................ ............................... 12 TABLE 3 PROJECT RELATED CONSTRUCTION EMISSIONS ........................................... ............................... 25 TABLE 4 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ..... ............................... 27 TABLE 5 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ..... ............................... 28 TABLE LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES .............. 30 TABLE 7 CO HOTSPOT ANALYSIS (PPM) ..................................................................... ............................... 31 TABLE 8 LOCAL SCHOOLS WITHIN THE PHASE IV PROJECT AREA ............................. ............................... 38 APPENDIX A ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -10 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 1.0 INTRODUCTION This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental hnpact Statement / Environmental Impact Report (FEIS /EIR) approved in 1990 (FHWA -CA- EIS- 89 -01- F; SCH No. 87071509). This Addendum focuses on the segment of Bristol Street between Warner Avenue and Saint Andrew Place (Phase IV, or Project) and is limited to the proposed improvements to this segment. This Addendum provides an assessment of potential environmental impacts associated with minor design modifications and the issue of climate change which was not addressed in the previously prepared and certified FEIS /EIR. Design modifications to the Project, since approval of the 1990 FEIS /EIR, that are addressed in this Addendum include the following: • The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right- of-way cross- section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross - section addressed in the 1990 FEIS/EIR. However, the proposed Project right -of -way cross section, as compared to the right- of-way cross section addressed in the 1990 FEIS /EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right - of -way is accounted for in this analysis. • The centerline alignment has been shifted to the west starting at St. Gertrude instead of starting at Glenwood Place with the addition of 4 -feat to the original 20 -foot shift. The street centerline then shifted back 4 -feet to the east at St. Andrew in order to match the existing centerline north of St. Andrew. By shifting the centerline at St. Gertrude, the Phase IV Project saved eight parcels from full take by reducing these parcels to partial acquisitions. • A bus turnout would be located at the Warner Avenue. • Change right -of -way requirement from full take to partial take of the following single - family residential parcels: 015- 215 -10 (150 square feet), 015- 215 -11 (50 square feet), 015- 214 -10 (50 square feet), 015- 234 -10 (50 square feet), 015- 233 -11 (50 square feet), 015- 233 -10 (50 square Feet), 015- 232 -11 (50 square feet), and (015- 232 -10 (50 square feet). • Change right -of -way requirement from full take to partial take of Parcel 408- 336 -17 (3,466 square feet). • Land use for the current Project has been changed compared to the 1990 FEIS. The following parcels have been changed from Park to Park with Commercial Option: 015- 194 -38 and 015 -194- 39. • Preceding project phase inclusive of the following parcel which is no longer included in the Phase IV Project right -of -way requirements: 015- 194 -40. It should be noted that the 1990 FEIS and 2013 National Environmental Policy Act (NEPA) Reevaluation (URS Corporation) provided comprehensive noise barriers at all easterly parcel boundaries currently fronting the east side of Bristol Street between Warner Avenue and Saint Andrew Place and comprehensive noise barriers at all westerly parcel boundaries currently fronting the west side of Bristol Street between ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -11 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) West Saint Gertrude Place and Saint Andrew Place. Using the California Department of Transportation's (Caltrans) May 2011 Traffic Noise Analysis Protocol, the following noise barriers (NB) were determined to be reasonable: NB -4, NB -5, NB -6, NB -7, NB -8, NB -9, NB -10, and NB -11. These noise barriers are generally equivalent to the recommended noise barriers shown in the 1990 FEIS and 2013 Reevaluation. However, barriers NB -6, NB -7, NB -8, and NB -9 would need to be shifted to the west of the receivers (parcels) that are no longer being acquired. The modifications and other refinements to the project would not create any additional impacts than what was identified in the 2013 NEPA Reevaluation; thus, there would be no changes or additions to the avoidance, minimization, and/or mitigation measures. Furthermore, as climate change is a relatively new area of discussion, the topic was not discussed in the Air Quality section of the previously approved FEIS /EIR. As such, this Addendum analyzes the effects of climate change associated with the construction and operation of the Project. This Addendum to the previously certified 1990 Final EIS /EIR has been prepared because project - related modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in a Subsequent or Supplemental EIR under the requirements of CEQA or CEQA Guidelines (refer to CEQA Guidelines Sections 15164 and 15167). 1.1 Purpose of an Addendum Under CEQA, when an EIR has been certified for a project, no Subsequent FIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent FIR required: 1) Substantial changes are proposed in the project which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: A) The project will have one or more significant effects not discussed in the previous EIR; B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162[a]) A Supplement to an FIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may be prepared if any of the above criteria apply, but "[o]nly minor changes or additions would be necessary to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines Section 15163[a]). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an Addendum may be prepared. Section 15164 states: ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -12 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent FIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. (CEQA Guidelines Section 15164) This Addendum to the previously certified Final EIS/EIR for the Approved Project has been prepared because the evaluation of the proposed modifications does not result in any of the circumstances requiring a Subsequent or Supplemental EIS/EIR. As shown in this Addendum, although the proposed modifications would result in development that differs from that in the 1990 Final EIS /EIR, they do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in Sections 15162(a) and 15163(a). Sections 2 and 3 of this Addendum demonstrate that no substantial changes are proposed in the approved project or have occurred in the area of the Bristol Street Widening Phase IV project located between Warner Avenue and St. Andrew Place that will require major revisions to the previously certified 1990 Final EIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Specifically, the proposed modifications do not result in new or substantially greater significant impacts because the scale and nature of the development proposed are sufficiently similar to that analyzed in the 1990 Final EIS/EIR that the impacts of the proposed modifications are within the levels and types of environmental impacts disclosed in the 1990 Final EIS/EIR. Additionally, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 1990 Final EIS /EIR for the approved project that would implicate new significant impacts or substantially increase the severity of significant impacts previously identified, since the background environmental conditions have not significantly changed since that time. The City of Santa Ana has received no information indicating there has been a substantial change in any circumstances that would result in a new or substantially greater significant impact. Furthermore, no new information, which was not known and could not have been known at the time of the 1990 Final EIS /EIR preparation, has been revealed that shows new or substantially greater significant impacts will result (see CEQA Guidelines Section 15162(a)(3)). In addition, there are no new or different Mitigation Measures or Alternatives that would substantially reduce one or more significant impacts of the approved project but that are not adopted. The proposed modifications do not identify or require adoption of any further Mitigation Measures or Alternatives beyond those provided in the certified 1990 Final EIS/EIR for the approved project, since additional Mitigation Measures are either not necessary or not feasible, and the Alternatives analyzed in the 1990 Final EIS /EIR represent a reasonable range as requested by CEQA (see CEQA Guidelines Section 15162(a)(3)). The Addendum relies on the certified 1990 Final EIS/EIR and the related administrative record, in addition to the additional documentation included to support the Addendum, including the appendices. The Addendum is to be included or attached to the 1990 Final EIS/EIR and is not to be considered as an independent or separate document. As this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However, the City ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 3 75C -13 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Council will consider and adopt or reject this Addendum at a public meeting prior to the approval of the proposed Bristol Street Widening Phase IV project (refer to CEQA Guidelines Section 15164(4)). The findings of the City Council in its resolution of adoption of this Addendum, if adopted, will reflect this Addendum which provides the basis and substantial evidence for the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section 15164(e)). 1.2 Project Location The project site is located on a segment of Bristol Street between Warner Avenue to Saint Andrew Place in the City of Santa Ana. The City of Santa Ana, located within the County of Orange, is surrounded by the Cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The proposed project site is located approximately 1.5 miles north of the San Diego Freeway (I -405) and approximately three miles south of State Route 22 (SR -22). Refer to Figure 1 and Figure 2 for the regional map and project location map with proposed roadway alignment and widening. 1.1.1 Existing Land Uses The project area and surrounding vicinity is located within a fully urbanized area of the City. The existing land uses along the project corridor consist of commercial and single - family residential developments. There are no outdoor activities associated with the commercial developments in the project area. The existing single - family residences consist of single -story homes of varying sizes, and include outdoor areas of frequent human use (i.e., rear and side yards). According to the current City of Santa Ana General Plan, land use designation for the affected parcels fronting Bristol Street within the vicinity of the Bristol Street Widening Phase IV project area and existing land uses are summarized in the Table 1 Existing Land Uses. The majority of surrounding areas beyond the project site are similar to the development typology along Bristol Street Widening Phase IV which includes single family residences, multi - family residences and various commercial and retail facilities. Figure 3 (Existing Land Uses from the 1990 Final EIS/EIR]), illustrates the existing land uses identified for Bristol Street Widening Phase IV as part of the 1990 Final EIS /EIR. It should be noted that while the Phase IV project area stretches along Bristol Street from Warner Avenue to Saint Andrew Place, Bristol Street at Edinger Avenue is also included as part of the project study area however, Bristol Street from Saint Andrew to Edinger has already been widened and is not a part of Phase IV. The locations of the full or partial acquisitions are shown on Figure 4. TABLE 1 EXISTING LAND USES ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -14 APN ADDRESS GENERAL PLAN ZONING EXISTING LAND U5E DESIGNATION 015- 191 -11 1235 W Saint OS SP1 Single Family Residential Gertrude PI 015 - 194 -17 2101 S Bristol St OS SP1 Commercial (Mortgage Office) 015 - 194 -20 2115 S Bristol St OS SP1 Commercial (Lawnmower/ Equipment Repair 015 - 194 -21 2119 S Bristol St OS SP1 Parking 015 - 194 -22 2123 S Bristol St OS SP1 Commercial (Palm /Tarot Reading in Single Family Residential) 015 - 194 -23 2201 S Bristol St OS SP1 Single Family Residential 015 - 194 -24 2205 S Bristol St OS SP1 Single Family Residential ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -14 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 015-194-25 -,algmg n-gl MY 2209 S Bristol St Os SPI IMP Commercial (Dentist) 015-194-28 2223 S Bristol St PIC Spi Commercial (Real Estate Office) 015-194-29 2227 S Bristol St PIC Spi Commercial (Costume Rental) 015-194-36 2231 S Bristol St PIC Spi Commercial (Dentist) 015-194-38 2215 S Bristol St PIC Spi Commercial (Ambulance Services) 015-194-39 2219 S Bristol St PIC SPI Commercial (Ambulance Services) 015-194-41 2109 S Bristol St OS Spi Commercial (Dentist) 015-214-10 1241 Camden P1 OS Spi Single Family Residential 015-215-10 1241 Saint Anne P1 OS SPI Single Family Residential 015-215-11 1242 Camden PI Os Spi Single Family Residential 015-216-01 1242 Saint Anne PI OS SPI Single Family Residential 015-232-10 1242 W Saint AndrE i OS Spi Single Family Residential 015-232-11 1241 Carlton PI OS Spi Single Family Residential 015-233-10 1242 Carlton PI OS Spi Single Family Residential 015-233-11 1241 W Glenwood I OS SIDI Single Family Residential 015-234-10 1242 W Glenwood I OS SPI Single Family Residential 408-332-01 1302 W Saint AndrE pi OS SPI Single Family Residential 408-332-17 1305 W Carlton PI LR7 R2 Single Family Residential 408-332-18 1301 W Carlton PI OS SPI Single Family Residential 408-333-01 1302 W Carlton PI OS SPI Single Family Residential 408-333-02 1306 W Carlton PI LR7 R2 Single Family Residential 408-333-18 1301 W Glenwood I OS Spi Single Family Residential 408-334-01 2034 S Bristol St OS Spi Single Family Residential 408-334-17 1305 W Camden PI LR7 R2 Single Family Residential 408-334-18 1301 W Camden PI OS Spi Single Family Residential 408-335-01 1302 W Camden PI OS Spi Single Family Residential 408-335-02 1306 W Camden PI LR7 R2 Single Family Residential 408-335-17 1305 W Saint Anne LR7 R2 Single Family Residential 408-335-18 1301 W Saint Anne OS Spi Single Family Residential ANA 305-194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -15 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) rrr�' `L✓a�"} 5" k_ ai -.: -S e' i <j -., Ya {i. '.'"� -� ;^ i' C a.2� �Fyt$4��, N'�i�'� I�' �*�a �s of 408- 336 -01 1302 W Saint Anne OS SP1 Single Family Residential 408 - 336 -02 1306 W Saint Anne LR7 R2 Single Family Residential 408- 336 -17 2040 S Bristol St LR7 /OS R2 /SP1 Vacant 408 - 471 -01 2102 S Bristol St GC C2 /SP1 Commercial (Restaurant) 408- 471 -05 2222 S Bristol St GC C2 /SP1 Commercial (Strip Mall) 408- 471 -06 2240 S Bristol St GC C2 1SP1 Commercial (Florist) 408 - 471 -17 2130 S Bristol St GC C2 /SP1 Commercial (Shopping Plaza) Notes: General Plan Designations: GC = General Commercial, LR7 = Low Density Residential, OS = Open Space, PIC = Park with Commercial Zoning Designations: SP1= Bristol Street Corridor Specific Plan, R1= Single Family Residential, R2 = Two-Family Residential, C2 = General Commercial Parcel 015- 194 -40 located at 2235 S Bristol Stwas not included in this list as itwas acquired by the City of Santa Ana as partof a separate preceding project. AN 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -16 FIGURE 1 REGIONAL LOCATION ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 75C -17 �KERN'CU. — — ,� OREGON IDAHO F d � s ^� V. L9master 'ate 5 NEVADA UTAH'. a r. �F Imdale AdeldnI CALIFORNIA "i,RIZON aKy S /Oyga pn LEGEND * PROJECT LOCATION PACIFIC OCEAN F 1` FIGURE 1 REGIONAL LOCATION N BRISTOL STREET WIDENING PROJECT WARNERAVENUE TO ST. ANDREW PLACE ® Miles (PHASE IV) 0 5 10 15 75C -18 FIGURE 2 PROJECT LOCATION ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 75C -19 PC1Rk yitloaLy - �i Ail Wypllhls fit �1 I I� 'dl iv ciifri r. I K GP ii. i 55 wilw[PP6t i It �( mil jl 1RlrNiandSt l �t 3 i e'� 7 ��� WWISlenaP, p i i I,. II,t 6 i�l i.A }t�J J n tt `� ¢c 1--- ) _ I` i Hev�Ny PI. m l if i ( m, III w� t ir if Ell if Il611 Si �� i> p� II i I, I Lt I 91ddwd I i L it !' s ll I i = vl WEld -f AVe h It ` q Il r (` nl I L _ d ' n zfl i �AVWHU}( 9p�) `wTe :w`li bar n �& k( no 5ffi I. if m o wu,ifflsl dV st r GartVm e1lt' ` I it Hirvaril5t �� Foil li !n4 l�n'�l .'z _ gJ NwTSo-rHY r +� G II—W AneIUtfit P,I - if -. it _ -i! I s w _ 1 1 I U= _II L m If WHe1iVV li if i S s I, w.l mI ilk l �. i ECxnIF rot f I_ n �jc i �ti _ w If t 2 1 p L 1 3: Ii st WH6'fevoRWnf. il . to ifiPm)an I -_ , a t Y9 p r I t 1 e., .r AVc i ,n Ldllo 1 AbnA,c j ll NIh3 y tt _ i n 1 1 VC. i=Ave W Be! AV, _ R1 ( W 3 t'ltlpt * 6lvtl I _ IIf, Av2 — �qfu aR>�r4 _ _ Ks z cent R, itl Santa Ana " o� K04 ,. ", Costa Mesa I i r ,. °•i.. LEGEND FIGURE 2 PROPOSEDIMPROVEMENTS PROJECT LOCATION N BRISTOL STREET WIDENING PROJECT WARNER AVENUE TO ST. ANDREW PLACE ® Feel (PHASE IV) 0 1,000 2,000 FOI IRCF ARCGI.S ONI INF. NATPF0 WORT D MAP ACOFRSFO Ni 75C -20 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) FIGURE 3 EXISTING LAND USES FROM 1990 FINAL EIS /EIR ANA 305494 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -21 tJ Q wa W N aw M0 =m W Q W LU o 2 uj ww � (D �o¢ U M ww� 0 3AY pli V" U) N� wa W �w VA V XpYOt a m UR NY. VAV Yip X103 v�� p,Sy •,r��+i't� + S r x >)q3 t a 1pplYli AW1X3Mtlt' 0.'e'lrTf�'vi y ++' MINOMV -It � pF J � li Mp11tlVp zU ZO q6 Ll � � O � lv pO0MXi1t �j z g H yuLL N ,� oa W m u D r7 ? NV— O NWM Z Oz wy UO iXNY 'lt S� .J 'W'llll�ll� eNXY is ° L° •. z� w? �w tp tl1Yi0 'Lt ° >a }r � w I z wa Fo C yw 3AY Yt MYVM r N Um0 OK Nm 75C -22 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 1.3 Project Background 1.3.1 Approved 1990 Final EIRIEIS The City of Santa Ana General Plan has designated Bristol Street as a Major Arterial Highway traveling in a north -south direction. As a result of significant growth and traffic congestion on Bristol Avenue, the City, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major Arterial Highway. A joint EIS /EIR was prepared and approved by the City of Santa Ana and Caltrans for the widening of Bristol Street in 1990. The 1990 project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue on the south to Memory Lane on the north. Due to significant costs associated with construction and availability of funding, the project was divided into several construction phases; Phase 1 from Warner Avenue north to First Street, Phase 2 consisting of the widening and reconstruction of the bridge which crosses Santiago Creels (northerly limits of the street widening project), and Phase 3 between First Street and Memory Lane. The 1990 Final EIS /EIR document (SCH No. 87071509) was approved on November 19, 1990. The 1990 Final EIS /EIR and associated technical studies, incorporated herein by reference, documented the environmental impacts of widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the 1990 Final EIS/EIR, the purpose and goals of the Bristol Street Widening project were to: 1) Provide sufficient roadway capacity to accommodate current and future traffic demand. 2) Improve the performance and safety of the roadway for the benefit of the motoring public. 3) To reduce current and projected future delays experienced at major intersections and to design intersections to function at acceptable Levels of Service (LOS). 4) To design the roadway in manner conducive to the provision of public transportation, namely bus service provided by the Orange County Transit District (OCTD). 1.3.2 Adopted Transportation Improvement Program The Approved Project is included as project number ORA125 in the regional emissions analysis conducted by Southern California Association of Governments (SLAG) for the conforming 2013 Federal Transportation Improvement Program (FTIP) adopted by SCAG on September 19, 2012 and approved by FHWA on December 14, 2012. As provided in the FTIP, the Approved Project description reads as follows: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOL /WARNER (ADD ATIEBISB THRULNS; WB RT TRNLN) AND BRISTOL /FIRST (ADD NBISB THR U INS, SBLFTIRTITRNINS The Phase IV project is a component of the Approved Project. The Phase IV Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore, the individual projects contained in the plan, are conforming projects, and would have air quality impacts consistent with those identified in the state implementation plans (SIPS) for achieving the National Ambient Air Quality Standards (NAAQS). FHWA determined the RTIP to conform to the SIP. The Phase IV Project's open to the public year is consistent with (within the same regional emission analysis period as) the construction completion date identified in the FTIP and /or RTP. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. FHWA determined the TIP to conform to the SIP on December 2010. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 10 75C -23 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) The Phase IV Project is also included in the 2013 TIP adopted by SCAG on September 6, 2012 and approved by FHWA on December 14, 2012. 1.4 Project Description 1.4.1 Bristol Street Widening Phase IV Project Area Phase IV of the Bristol Street Widening Project involves the widening of Bristol Street (between Warner Avenue to Saint Andrew Place) from 4 lanes to 6 lanes with a 150- foot -wide right -of -way cross section including a 14 -foot wide raised landscaped median; three 12- foot -wide through travel lanes in each direction; a 7 -foot wide Class 1I bike lane on each side of the roadway; a 15 -foot wide parkway, and 10 -foot sidewalk with curb ramps for wheelchair access pursuant to American with Disabilities Act of 1990 (ADA) requirements on both sides of the roadway. As Bristol Street approaches the intersections between Warner Avenue and Saint Andrew Place, and between Warner Avenue and Glenwood Place, the landscaped center median would taper to accommodate right -tarn pockets and left -turn lanes in each direction. The landscaped center median would then continue north of the Glenwood Place intersection to match the existing raised center median approximately 380 feet south of Edinger Avenue. The addition of the landscaped center median would improve safety by preventing left -tum access to /from Saint Gertrude Place, Saint Anne Place, Camden Place, and Carlton Place to the newly widened Bristol Street. (Note: the intersection of Bristol Street and Saint Andrew Place would be converted to a right -turn only intersection in both directions.) Additionally, cul -de -sacs would be included on the west side of Bristol Street at Saint Anne Place, Camden Place, and Carlton Place to improve safety by preventing access to /from these streets to the newly widened Bristol Street. The location of the Phase IV Project is shown in Figure 1 and in Figure 2. Street signs and utilities including electric power lines, telephone poles, and street lighting would be relocated to new locations within the project area along Bristol Street. Street furniture, including the benches and bus shelters, will be provided at bus stop locations. During the one -year construction (approximately mid -2016 to mid- 2017), one lane in each direction would remain open and existing driveway accesses along Bristol Street would be retained at all rimes. Maximum excavation depth would be three feet for roadway excavation and 10 feet for utility /drainage excavation. Construction equipment would be those consistent with other similar roadway widening projects and likely would include excavators, loaders, backhoes, dump trucks, graders, pavers and rollers, and other construction trucks. 1.4.2 Property Acquisition To accommodate the street widening proposed by the Bristol Street Widening project, a combination of full and partial acquisition of right of way is required from a total of 43 residential and commercial parcels fronting Bristol Street from Warner Avenue to Saint Andrew Place (refer to Figure 4 [Property Acquisitions] for the locations of affected properties). Table 2 includes a listing of properties affected and the disposition of acquisition requirements. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -24 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 2 PROPERTY ACQUISITIONS ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 12 75C -25 015 - 191 -11 - -- 1235 W. Saint Gertrude Place Single - Family Residential Full 6,493 015 - 194 -17 - -- 2101 S. Bristol Street Mortgage Full 5,389 015 - 194 -20 - -- 2115 S. Bristol Street Lawnmower/Equipment Repair Full 5,881 015 - 194 -21 - -- 2119 S. Bristol Street Parking Full 6,000 015 - 194 -22 - -- 2123 S Bristol Street Palm /Tarot Reading in Single- Family Residential Full 6,720 015 - 194 -23 - -- 2201 S. Bristol Street Single - Family Residential Full 6,720 015 - 194 -24 - -- 2205 S. Bristol Street Single - Family Residential Full 6,600 015 - 194 -25 - -- 2209S. Bristol Street Dental Office Full 5,880 015 - 194 -28 - -- 2223 S. Bristol Street Real Estate Office Full 6,120 015 - 194 -29 - -- 2227 S. Bristol Street Costume Rental Full 6,120 015 - 194 -36 - -- 2231 S. Bristol Street Dental Office Full 5,940 015 - 194 -38 - -- 2215 S. Bristol Street Ambulance Services Full 5,760 015 - 194 -39 - -- 2219 S. Bristol Street Ambulance Services Full 5,640 015 - 194 -41 - -- 2109 S. Bristol Street Dental Office Full 11,402 015 - 214 -10 RD 1241 Camden Place Single - Family Residential Partial 53 015 - 215 -10 RD 1241 Saint Anne Place Single - Family Residential Partial 209 015- 215 -11 RD 1242 Camden Place Single - Family Residential Partial 48 015 - 216 -01 - -- 1242 Saint Anne Place Single - Family Residential Full 6,556 015 - 232 -10 RD 1242 W. Saint Andrew Place Single - Family Residential Partial 50 015 - 232 -11 RD 1241 Carlton Place Single - Family Residential Partial 52 015 - 233 -10 RD 1242 Carlton Place Single - Family Residential Partial 46 015 - 233 -11 RD 1241 W. Glenwood Place Single - Family Residential Partial 51 015 - 234 -10 RD 1242 W. Glenwood Place Single - Family Residential Partial 50 408 - 332 -01 - -- 1302 W. Saint Andrew Place Single - Family Residential Full 8,262 408 - 332 -17 - -- 1305 W. Carlton Place Single- Family Residential Partial 450 408 - 332 -18 - -- 1301 W. Carlton Place Single- Family Residential Full 8,286 408 - 333 -01 - -- 1302 W. Carlton Place Single - Family Residential Full 8,286 408 - 333 -02 - -- 1306 W. Carlton Place Single - Family Residential Partial 450 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 12 75C -25 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 4 g iE ssYe 1�T4sLNJ U YM lt$ 408- 333 -18 - -- 1301 W. Glenwood Place Single - Family Residential Full 8,262 408 - 334 -01 - -- 2034 S. Bristol Street Single - Family Residential Full 7,531 408 - 334 -17 - -- 1305 W. Camden Place Single - Family Residential Partial 150 408 - 334 -18 - -- 1301 W. Camden Place Single - Family Residential Full 7,012 408- 335 -01 - -- 1302 W. Camden Place Single - Family Residential Full 7,009 408- 335 -02 - -- 1306 W. Camden Place Single - Family Residential Partial 150 408- 335 -17 - -- 1305 W. Saint Anne Place Single - Family Residential Partial 150 408 - 335 -18 - -- 1301 W. Saint Anne Place Single - Family Residential Full 7,012 408- 336 -01 - -- 1302 W. Saint Anne Place Single - Family Residential Full 7,012 408- 336 -02 - -- 1306 W. Saint Anne Place Single - Family Residential Partial 150 408 - 336 -17 RD 2040 S. Bristol Street Vacant Partial 3,466 408 - 471 -01 - -- 2102 S. Bristol Street Restaurant Full 11,079 408 - 471 -05 - -- 2222 S. Bristol Street Strip Mall Partial 1,415 408 - 471 -06 - -- 2240 S. Bristol Street Florist Full 21,169 408 - 471 -17 - -- 2130 S. Bristol Street Shopping Plaza Partial 17,076 Source: POWER Engineers, 2014. NOTES RD: Change in parcel boundaries or parcel impact subsequent to the 1990 FEIS and 2013 Reevaluation. -- No Change. The acquisition of property, as described herein, would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -26 13 FIGURE 4 PROPERTY ACQUISITIONS ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 75C -27 14 w Fc 9' u• a R i p �� d "i�� �.Fd ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Proiect Warner Ave to Saint Andrew Place (Phase IV) 1.4.3 Changes as Compared to the Approved Project It should be noted that project phasing has been revised from the original three phases identified in thel990 Final EIS /EIR. Construction phasing of the entire project segment has been further subdivided as follows: • St. Andrew Place to McFadden Avenue (Constructed in 2002) • Elm Street to Memory Lane (Constructed in 2003) • Pine Street to 3`d Street (Constructed in 2009) • Phase I: McFadden Avenue to Pine Street (Constructed in 2011)' • Phase IL• 3`d Street to Civic Center Drive (Construction to be completed in 2014) • Phase IIIA: Civic Center Drive to Washington Avenue • Phase IIIB: Washington Avenue to 17 "' Street • Phase IV: Warner Avenue to St. Andrew Place • Phase V: 17`1i Street to Elm Street The proposed street widening design configuration for the current Phase IV segment differs from the original configuration of the 1990 Final EIS /EIR, as follows: • The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right -of -way cross - section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross - section addressed in the 1990 FEIS /EIR. However, the proposed Project right -of -way cross section, as compared to the right - of -way cross section addressed in the 1990 FEIS /EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right - of -way is accounted for in this analysis. • The centerline alignment has been shifted to the west starting at St. Gertrude instead of starting at Glenwood Place with the addition of 4 -feet to the original 20 -foot shift. The street centerline then shifted back 4 -feet to the east at St. Andrew in order to match the existing centerline north of St. Andrew. By shifting the centerline at St. Gertrude, the Phase IV Project saved eight parcels from full take by reducing these parcels to partial acquisitions. • A bus turnout would be located at the Warner Avenue. • Change right -of -way requirement from full take to partial take of the following single - family residential parcels: 015 - 215 -10 (150 square feet), 015- 215 -11 (50 square feet), 015- 214 -10 (50 square feet), 015- 234 -10 (50 square feet), 015- 233 -11 (50 square feet), 015- 233 -10 (50 square feet), 015- 232 -11 (50 square feet), and (015- 232 -10 (50 square feet). I Phase numbers were assigned to the Bristol Street Widening Project subsequent to cancelation of the CenterLine Light Rail Transit Project and associated reallocation of funding from that canceled project to the Bristol Street ANA 305494 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -29 15 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Change right -of -way requirement from full take to partial take of Parcel 408- 336 -17 (3,466 square feet).Land use for the current Project has been changed compared to the 1990 FEIS. The following parcels have been changed from Park to Park with Commercial Option: 015- 194 -38 and 015 -194- 39. • Preceding project phase inclusive of the following parcel which is no longer included in the Phase IV Project right -of -way requirements: 015- 194 -40. It should be noted that the 1990 FEIS and 2013 NEPA Reevaluation (URS Corporation) provided comprehensive noise barriers at all easterly parcel boundaries currently fronting the east side of Bristol Street between Warner Avenue and Saint Andrew Place and comprehensive noise barriers at all westerly parcel boundaries currently fronting the west side of Bristol Street between West Saint Gertrude Place and Saint Andrew Place. Using the California Department of Transportation's (Caltrans) May 2011 Traffic Noise Analysis Protocol, the following noise barriers were determined to be reasonable: NB -4, NB -5, NB -6, NB -7, NB -8, NB -9, NB -10, and NB -11. These noise barriers are generally equivalent to the recommended noise barriers shown in the 1990 FEIS and 2013 NEPA Reevaluation. However, barriers NB -6, NB -7, NB -8, and NB -9 would need to be shifted to the west of the receivers (parcels) that are no longer being acquired. The modifications and other refinements to the project would not create any additional impacts than what was identified in the 2013 NEPA Reevaluation; thus, there would be no changes or additions to the avoidance, minimization, and/or mitigation measures. The proposed Phase IV Project lane configurations are shown in Figure 5, whereas the lane configurations from the original approved 1990 Final EIS/EIR are shown in Figure 6. An assessment of construction and Project related GHG emissions was also not addressed in the 1990 FEIS /EIR, and as a result is addressed in this Addendum. 1.4.4 Construction Timeframe Construction activities associated with the proposed Project would occur following acquisition of the required parcels. Construction of the Project is anticipated to begin in mid -2016 and be completed within approximately one year (mid- 2017). 1.5 Discretionary Actions The Addendum document must be adopted by the City of Santa Ana City Council as to its adequacy in complying with the requirements of CEQA and the previously approved 1990 Final EIS /EIR. The City Council will consider the information contained in the Addendum and the 1990 Final EIS/EIR in making a decision to approve or deny the proposed project. No discretionary actions with regards to National Environmental Policy Act (NEPA), or changes are proposed pursuant to NEPA. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 16 75C -30 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) FIGURE 5 PROPOSED PROJECT LAYOUT ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -31 I v f.A1l n,i 6 k� v v.r e UYI i4W (1 Np. '� 9E C yr 7 V; k IF Y ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) FIGURE 6 PROPOSED LANE GEOMETRICS -1990 FINAL EIS /EIR ANA 305494 (PER 02) CSA (AUGUST 2014) 133867 YU 18 75C -33 "ltEt V- N art" sites SOURCE: FINAL ENVIRONMENTAL IMPACT STATEMENTIENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WHILSHIREAVENUE TO WARNER AVENUE IN THE CITY OF SANTAANA, WILLDAN ASSOCIATES. 1990, FIGURE PROPOSED LANE GEOMETRICS (1990 FEISIEIR) BRISTOL STREET WIDENING PROJECT WARNER AVENUE TO ST. ANDREW PLACE (PHASE IV) 75C -34 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 2.0 ENVIRONMENTAL CHECKLIST 2.1 Background Project Title: Bristol Street Widening Phase IV Project Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer City of Santa Ana (714) 647 -5632 Project Location: Bristol Street from Warner Avenue to Saint Andrew Place in the City of Santa Ana. Project Sponsor's Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 General Plan Designation: General Commercial (GC), Low Density Residential (LR -7), Open Space (OS), Park with Commercial (P /C) Zoning: Specific Plan (SP1), General Commercial (C -2), Single Family Residential (RI), Two Family Residential (R2) Description of Project: The City of Santa Ana is proposing to widen the Bristol Street between Warner Avenue and Saint Andrew Place as part of the previously approved Bristol Street from Warner Avenue to Memory Lane Project, for which an EIS/EIR was certified in 1990. The Build Alternative involves the widening of Bristol Street (between Warner Avenue to Saint Andrew Place) from 4 lanes to 6 lanes with a 150 -foot wide right -of -way cross section including a 14 -foot wide raised landscaped median; 3 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 15 -foot wide parkway, and 10 -foot sidewalk with curb ramps for wheelchair access pursuant to ADA requirements on both sides of the roadway. As Bristol Street approaches the intersections between Warner Avenue and Saint Andrew Place, and between Warner Avenue and Glenwood Place, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The landscaped center median would then continue north of the Glenwood Place intersection to match the existing raised center median approximately 380 feet south of Edinger Avenue. The addition of the landscaped center median would improve safety by preventing left -turn access to /from Saint Gertrude Place, Saint Anne Place, Camden Place, and Carlton Place to the newly widened Bristol Street. (Note: the intersection of Bristol Street and Saint Andrew Place would be converted to a right -turn only intersection in both directions.) Additionally, cul-de-sacs would be included on the west side of Bristol Street at Saint Anne Place, Camden Place, and Carlton Place to improve safety by preventing access to /from these streets to the newly widened Bristol Street. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 19 75C -35 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) The widening would require full and partial takes of several parcels fronting Bristol Street as detailed in Table 2 (Property Acquisitions). Surrounding Land Uses and Setting: The project site is located within a fully developed urban area within the City of Santa Ana. Areas surrounding the project site consist of various urban uses such as commercial and retail facilities, and single and multi - family residences. Other Public Agencies Whose Approval is Required (e.g., permits, financing, or participation agreement): City of Santa Ana ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 20 75C -36 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 3.0 ENVIRONMENTAL CONSEQUENCES This section describes the effects of the proposed modifications to the Bristol Street Widening Phase IV project compared to those identified in the previously approved 1990 Final EIS/EIR document, and to existing conditions and any changes in regulatory setting since the previously approved 1990 Final EIS /EIR. Furthermore, this section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this document include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to evaluate the proposed project changes for which a Final EIS/EIR has been previously approved (in 1990) to assist in the determination of the need for a supplemental EIS /EIR or an Addendum. The modified Initial Study checklist is found in Appendix A. • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards & Hazardous Materials • Hydrology/WaterQuality • Land Use • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation /Traffic • Utilities /Service Systems • Mandatory Findings of Significance A summary of impacts of the previously approved project and the mitigation measures imposed is provided along an analysis of the potential impacts resulting from the proposed project and whether those impacts substantially exceeds those discussed in the previously approved 1990 Final EIS /EIR. 3.1 Aesthetics This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections A, Landform Modification, G, Urban Landscaping, J, Light and Glare, and K, Aesthetic Considerations of the previously approved 1990 Final EIS /EIR. (a) Have a substantial adverse effect on a scenic vista? The proposed project would not result in any significant modifications or changes from the previously approved 1990 Final EIS /EIR. The Bristol Street Widening Phase IV intersections are located within a highly developed urban area of the City. No scenic vistas are located within the project area. No impact to scenic vistas would result from the proposed project. Mitigation Measures No new additional mitigation measures are required. (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no state designated scenic highways within the project area. The project is located within a highly developed and urbanized area of the City. No scenic highways are located within close proximity, nor is the project area visible from any scenic highways. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 21 75C -37 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (c) Substantially degrade the existing visual character or quality of the site and its surroundings? The proposed project involves a total of 43 parcels of which 35 would result in the full take and eight would result in partial take. Field observations indicated that the potentially affected properties (residential and non- residential) do not have unique characteristics related to their age or condition that would be difficult to replace, or possess attributes that are unique. The proposed project would result in a reduced number of acquired units in comparison to the 1990 Final EIS/EIR and would not result in substantial changes in visual character as analyzed in the previously approved 1990 Final EIS/EIR. Implementation of mitigation measures as included in the previously approved 1990 Final EIS /EIR would ensure that impacts are reduced to a less than significant level. Mitigation Measures No additional new mitigation measures are required. (d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Light and glare are currently generated from existing vehicular uses within the Phase IV project area, commercial and retail businesses, signage, street lighting, and parking lot lighting. The proposed project does not involve the construction of any structures other than relocation of street lighting fixtures. Therefore, no new sources of light or glare are anticipated with implementation of the proposed project. The proposed project would not generate additional daytime or nighttime illumination beyond that currently experienced within the area. Implementation of the proposed project would not create more significant light and glare impacts than previously analyzed in the 1990 Final EIS/EIR. Mitigation Measures No additional new mitigation measures are required. 3.2 Agricultural Resources The previously approved 1990 Final EIS /EIR did not include evaluation for agricultural resources, as no agricultural resources are located within the area of analysis. (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? The project site is located within a fully developed, urban area of the City of Santa Ana. No Prime, Unique, or Farmland or Statewide Importance is located in the vicinity of the project site. No impacts would result from the proposed project. The proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project site is located within a fully developed, urban area of the City of Santa Ana. The project area is designated as General Commercial, Park with Commercial, Open Space, and Low Density Residential by the City of Santa Ana General Plan with a combination of Specific Plan (SPI), General Commercial (C), Two Family Residential (R2), and Single Family Residential (RI) zoning designations. No agricultural uses exist on site or in the vicinity, and the project would not conflict with a Williamson Act contract. The proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 22 75C -38 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No additional new mitigation measures are required. (c) Conflict with existing zoning for, or cause rezoning, of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? The project site is located within a fully developed, urban area of the City of Santa Ana. No timberland or forest resources exist on site or in the vicinity. The project area is either designated as General Commercial, Park with Commercial, Open Space, or Low Density Residential by the City of Santa Ana General Plan with a combination of Specific Plan (SP1), General Commercial (C2), Two Family Residential (R2), and Single Family Residential (R1) zoning designations. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. (d) Result in the loss of forest land or conversion of forest land to non - forest use? The project site is located within a fully developed, urban area of the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. (e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use The project site is fully developed with no agricultural uses within or in the vicinity. No impact would result from the proposed project. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. 3.3 Air Quality This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections H, Air Quality and V. Construction Impacts of the previously approved 1990 Final EIS /EIR. (a) Conflict with or obstruct implementation of the applicable air quality plan? The Bristol Street Widening Phase IV project is a component of the Proposed Widening of Bristol Street from Warner Avenue to Memory Lane, which was approved in 1990. The Bristol Street Widening Phase IV Project is included as project number ORA125 in the regional emissions analysis conducted by SCAG for the conforming 2013 FTIP adopted by SLAG on September 19, 2012 and approved by FHWA on December 14, 2012. As provided in the FTIP, the Approved Project description reads as follows: ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 23 75C -39 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOL /WARNER (ADD NBIEBISB TI3RU LAS, WB RT TRY LN) AND BRISTOL /FIRST (ADD NBISB THRULNS; SB LFTIR TITRN LNS The Phase IV Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore, the individual projects contained in the plan, are conforming projects, and would have air quality impacts consistent with those identified in the state implementation plans (SIPS) for achieving the National Ambient Air Quality Standards (NAAQS). FHWA determined the RTIP to conform to the SIP. The Phase IV Project's open to the public year is consistent with (within the same regional emission analysis period as) the construction completion date identified in the FTIP and/or RTP. The FTIP gives priority to eligible TCMs identified in the SIP and provides sufficient funds to provide for their implementation. FHWA determined the TIP to conform to the SIP on December 2010. The Phase IV Project is also included in the 2013 TIP adopted by SCAG on September 6, 2012 and approved by FHWA on December 14, 2012. The Proposed Widening of Bristol Street, from Warner Avenue to Memory Lane project has been included in the federal TIP since 1992. The federal TIP gives priority to eligible TCMs identified in the SIP and provides sufficient funds to provide for their implementation. FHWA determined the TIP to conform to the SIP on April 2, 2009. No significant impacts would occur. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental Protection Agency (EPA) as nonattaimnent for ozone (03 ), and particulate matter (PM10 and PM2.5 ). The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds to determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions result in an exceedanee of the ambient air quality standards (AAQS). Short -term emissions generated during project - related construction activities would not exceed the SCAQMD regional emissions thresholds for any of the criteria pollutants and also would not substantially elevate localized concentrations of these pollutants. Consequently, the project would be consistent with the AQMP. Long -tern emissions generated by the project would not exceed the SCAQMD thresholds for regional emissions and would therefore also not contribute to an increase in frequency or severity of air quality violations. The proposed project would be consistent with the Major Arterial designation of the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways. Additionally, the project would improve traffic flow and result in a reduction in air pollutant emissions. Mitigation Measures No additional new mitigation measures are required. (b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Short -tern emissions were modeled for the construction phase of the proposed street widening project. Construction activities associated with the project would include demolition of pavement and buildings, fine grading, trenching, paving, and development of ancillary strictures. During construction activities, emissions from heavy equipment exhaust, delivery trucks, and fugitive dust would be generated for a short duration. To ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 24 75C -40 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) accurately determine the significance of air quality impacts from construction activities, construction emissions are quantified and compared to the significance thresholds set by the SCAQMD. Project - specific data, such as construction timelines and dimensions of the project site, along with general operating guidelines, were used as inputs to the SCAQMD's California Emissions Estimator Model (CalEEMod) Model (version 2011.1.1) to quantify construction emissions. As shown in Table 3, emissions calculated by this model were compared to the SCAQMD's regional significance thresholds. As shown in Table 3, emissions attributable to construction of the proposed project were found to be below the significance thresholds adopted by the SCAQMD for all the analyzed air pollutants. Because emissions were found to be below the SCAQMD's significance thresholds, project related construction emissions are not considered by the SCAQMD to result in a significant impact. In addition, mitigation measures included in the 1990 Final EIS /EIR would further reduce construction- related air quality impacts. ii0:1 d; 14Wi% 94nW *H61d;11141 1[O]1111146 1619101069 Source: URS Corporation, January 2013. An assessment of regional emissions associated with the operations phase of the proposed project was also conducted which compared emissions with and without the proposed project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the Proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 4 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 4, air pollutant emissions would be less under the With Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed project would result in air pollutant emissions which are below these significance thresholds and would result in a beneficial impact in emissions due to improvements in operational phase efficiencies along project roadway segments for the 2015 project opening year. Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle speed and emission rates that would occur with and without the proposed project. As shown in Table 5, air pollutant emissions occurring under the With Project Alternative would be less than under the No Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the Proposed Project for the 2035 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 25 75C -41 VOC `- NOx : CO S02 PM10 I PM2.5 Demolition 8 64 43 <1 12 3 Trenching 4 33 19 <1 2 2 Grading 7 52 31 <1 5 4 Paving 3 15 11 <1 1 1 Maximum 8 64 43 <1 12 3 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: URS Corporation, January 2013. An assessment of regional emissions associated with the operations phase of the proposed project was also conducted which compared emissions with and without the proposed project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the Proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 4 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 4, air pollutant emissions would be less under the With Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed project would result in air pollutant emissions which are below these significance thresholds and would result in a beneficial impact in emissions due to improvements in operational phase efficiencies along project roadway segments for the 2015 project opening year. Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle speed and emission rates that would occur with and without the proposed project. As shown in Table 5, air pollutant emissions occurring under the With Project Alternative would be less than under the No Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the Proposed Project for the 2035 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 25 75C -41 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) project design year would likewise result in emissions which are below the SCAQMD's significance thresholds and would result in a beneficial impact relative to GHG emissions due to improvements in operational phase efficiencies along project roadway segments. Mitigation Measures No additional new mitigation measures are required. ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -42 26 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 4 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS _tl .. .. Year 2015 No Project Bristol Street Between Glen wooc 15 76 5 13 0 2 1 Place and Warner Avenue Bristol Street Between St Andrew 15 23 2 4 0 1 0 Place and Glenwood Place Bristol Street Between Edinger 15 56 4 9 0 1 1 Avenue and St Andrew Place Total 155 1 11 1 26 1 0 1 4 1 3 Year 2015 With Project Bristol Street Between Glenwood 32 54 2 10 0 1 1 Place and Warner Avenue Bristol Street Between St Andrew 32 16 1 3 0 0 0 Place and Glenwood Place Bristol Street Between Edinger Avenue and St Andrew Place 32 40 2 7 0 1 1 Total 110 5 20 0 2 2 Difference between No Project and With Project Emissions Bristol Street Between Glenwood -22 -3 -3 0 -1 -1 Place and Warner Avenue Bristol Street Between St Andrew 7 1 1 0 0 0 Place and Glenwood Place Bristol Street Between Edinger Avenue and St Andrew Place -16 -2 -2 0 -1 -1 Total -45 -6 -6 0 -2 -1 SCAQMD Significance 550 55 55 150 150 55 Thresholds Exceeds Thresholds No No No No No No Notes: mph = miles per hour Source. URS Corporation, January 2013, ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 27 75C -43 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 5 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS °�� F �� ��� d 3N. -[z'F "c'` ^�'iT' . ?�.' 3aa� +r nv+u �. ...�.'� w. N?.. - iv�v'•Y -. i `...n2x - 'ji` +.hmr t d4 1u.'%tva'..5 -. v 'w- m iS°FcYS'.3<vn Year 2035 No Project Bristol Street Between Glenwood 13 41 3 7 <1 3 2 Place and Warner Avenue Bristol Street Between St Andrew 13 12 1 2 <1 1 1 Place and Glenwood Place Bristol Street Between Edinger 13 30 2 5 <1 2 1 Avenue and St Andrew Place Total 83 6 13 <1 5 4 Year 2035 With Project, Bristol Street Between Glenwood 25 32 2 5 <1 2 1 Place and Warner Avenue Bristol Street Between St Andrew 25 10 0 1 <1 0 0 Place and Glenwood Place Bristol Street Between Edinger 25 24 1 4 <1 1 1 Avenue and St Andrew Place Total 65 1 3 1 10 1 0 3 2 Difference between No Project and With Project Emissions Bristol Street Between Glenwood g 2 2 <1 1 1 Place and Warner Avenue Bristol Street Between St Andrew 3 0 1 <1 0 0 Place and Glenwood Place Bristol Street Between Edinger -7 -1 -1 <1 -1 -1 Avenue and St Andrew Place Total -18 -3 -4 <1 -2 -2 SCAQMD Significance 550 55 55 150 150 55 Thresholds Exceeds Thresholds No No No No No No Notes: mph = miles per hour Source: URS Corporation, January 2013, ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -44 28 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The SCAB is designated by the EPA and the State as being nonattainment for 03 , PM10 , and PM2.5 . In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. Since the proposed project would not exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the SCAQMD does not consider emissions from the project to add significantly to any cumulative impact. Furthermore, it should be noted that the proposed project would increase the capacity at three out of the four study intersections (Bristol Street at Edinger Avenue has already been widened) during both AM and PM peak hours. Increases in roadway capacity would result in improvement in the LOS along Bristol Street. The improvement in LOS would result in increases in average vehicle speed and reductions in the amount of delay vehicles experience at intersections thereby resulting in both lower emissions and lower emissions rates associated with higher vehicle speeds. As such, the project would continue to result in a beneficial impact. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. (d) Expose sensitive receptors to substantial pollutant concentrations? A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute substantially to elevated pollutant concentration levels or place the project in an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local sensitive receptors has been conducted for both the construction and operations phases of the project. Localized Construction Impacts Localized air pollutant emissions are evaluated relative to the exposure of local sensitive uses to air pollutant concentrations generated by the proposed Project. These are pollutant concentrations which can be directly correlated to the health -based ambient air quality standards. This differs from regional emissions which were discussed previously in that regional emissions are used to assess how much air pollution is generated within an air basin and does not have a direct correlation with health effects. Localized Significance Thresholds (LSTs) have been developed by the SCAQMD for NOx , CO, PM10, and PM2.5 . The LSTs determine whether project- related emissions would substantially contribute to or exceed the ambient air quality standards and expose sensitive receptors to excessive concentrations of air pollutants. The LSTs differ based on distance such that a greater allowance in air pollutant emissions is allowed for construction activities occurring further from a sensitive use and a lesser allowance in emissions is given for construction activities occurring closer to sensitive uses. Only short-teen emissions occurring at the project site for the Project's constriction phase were included to determine if sensitive receptors local to the project site would adversely affected. Emissions generated by construction activities disperse rapidly with distance from the construction site. Individual construction phases were compared against the SCAQMD's LST significance criteria. As shown in Table 6, project emissions would not exceed the LST screening level criteria for CO, NO2 , PM10 , or PM2.5 . Because emissions associated with this alternative would be less than the LST, onsite construction emissions would not be expected to exceed the federal or California AAQS at the nearest sensitive receptors. As such, no significant air quality impacts related to localized air pollutants would occur from the construction phase. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 29 75C -45 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 6 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the primary source of local emissions within the study area. Localized areas where ambient concentrations exceed national and /or state standards for CO are known as hotspots. The SCAQMD defines typical sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots." These pockets have the potential to exceed the state one -hour standard of 20 ppm or the eight -hour standard of 9.0 ppm. Note that the federal levels are based on one- and eight -hour standards of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards before the federal standards. The following intersections were modeled for CO hotspots: • Bristol Street and Warner Avenue • Bristol Street and Glenwood Place • Bristol Street and St. Andrew Place • Bristol Street and W. Edinger Avenue As shown in Table 7, both the 1 -hour and 8 -hour CO concentrations at the intersections that were affected by the proposed project would be substantially below the California and federal ambient air quality standards for CO, potential CO impacts related to the project alternatives are below AAQS and would not result in a significant air quality impact from CO hotspots. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 30 75C -46 LI UTA�fi(L f.ud) t)( �Rl1Tl PMFlSE NOx CO PM10 PMze x r. r Demolition 61 40 4 3 Grading 52 30 5 4 Trenching 33 19 2 2 Paving 15 1 11 1 1 1 1 SCAQMD Threshold 183 1,253 13 7 Exceeds Threshold? No No No No Source: URS Corporation, January 2013. Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the primary source of local emissions within the study area. Localized areas where ambient concentrations exceed national and /or state standards for CO are known as hotspots. The SCAQMD defines typical sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots." These pockets have the potential to exceed the state one -hour standard of 20 ppm or the eight -hour standard of 9.0 ppm. Note that the federal levels are based on one- and eight -hour standards of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards before the federal standards. The following intersections were modeled for CO hotspots: • Bristol Street and Warner Avenue • Bristol Street and Glenwood Place • Bristol Street and St. Andrew Place • Bristol Street and W. Edinger Avenue As shown in Table 7, both the 1 -hour and 8 -hour CO concentrations at the intersections that were affected by the proposed project would be substantially below the California and federal ambient air quality standards for CO, potential CO impacts related to the project alternatives are below AAQS and would not result in a significant air quality impact from CO hotspots. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 30 75C -46 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 7 CO HOTSPOT ANALYSIS (PPM) As discussed previously, the proposed project would not result in air pollutant concentrations that exceed the SCAQMD's Localized Significance Thresholds for construction activities. In addition, the operations phase of the project would not result in CO hotspots. As such, the constriction and operations phases of the project would not result in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant concentrations. Mitigation Measures No additional new mitigation measures are required. (e) Create objectionable odors affecting a substantial number of people? Construction activities associated with the proposed Project may generate detectable odors from heavy- duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -tern, would cease upon project completion and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 31 75C -47 WE Bristol Street and Warner Avenue` Northeast Receptor 6.8 20 4.6 9.0 No No Southeast Receptor 6.9 20 4.7 9.0 No No Southwest Receptor 6.9 20 4.7 9.0 No No Northwest Receptor 6.9 20 4.7 9.0 No No Bristol Street and Glenwood Place Northeast Receptor 6.5 20 4.4 9.0 No No Southeast Receptor 6.5 20 4.4 9.0 No No Southwest Receptor 6.6 20 4.5 9.0 No No Northwest Receptor 6.6 20 4.5 9.0 No No Bristol Street and St. Andrew Place Northeast Receptor 6.4 20 4.3 9.0 No No Southeast Receptor 6.4 20 4.3 9.0 No No Southwest Receptor 6.5 20 4.4 9.0 No No Northwest Receptor 6.5 20 4.4 9.0 No No Bristol Street and St„Andrew Place Northeast Receptor 7.1 20 4.8 9.0 No No Southeast Receptor 7.1 20 4.8 9.0 No No Southwest Receptor 7.2 20 4.9 9.0 No No Northwest Receptor 7.1 20 4.8 9.0 No No Source: URS Corporation, January 2012. As discussed previously, the proposed project would not result in air pollutant concentrations that exceed the SCAQMD's Localized Significance Thresholds for construction activities. In addition, the operations phase of the project would not result in CO hotspots. As such, the constriction and operations phases of the project would not result in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant concentrations. Mitigation Measures No additional new mitigation measures are required. (e) Create objectionable odors affecting a substantial number of people? Construction activities associated with the proposed Project may generate detectable odors from heavy- duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -tern, would cease upon project completion and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No additional new mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 31 75C -47 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 3.4 Biological Resources This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection E, Streambed Modification, of the previously approved 1990 Final EIS /EIR. (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special - status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The project site is located within a fully developed urban area within the City of Santa Ana. No special natural habitat exists on or in the vicinity of the proposed project. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Refer to response in 3.4 (a), above. No riparian habitat or other sensitive natural communities are identified in the project area or vicinity. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Refer to response in 3.4 (a), above. No federally protected wetlands are identified in the project area or vicinity. The proposed project is located within a fully developed urban area of the City. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed project would not interfere with the movement of any native resident or migratory fish or wildlife species, corridors, or impede the use of native wildlife nursery sites, as none are located within the project area. The proposed project is located within a fully developed urban area of the City. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree (PER 02) CSA (AUGUST 2014) 133867 YU 32 75C -48 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project WarnerAve to Saint Andrew Place (Phase IV) preservation policy or ordinance? The proposed project may involve the removal of existing landscaping, including trees. Any removal or planting of trees is required to comply with the City of Santa Ana Municipal Code, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees. Furthermore, the proposed project would not conflict with the City's tree ordinance. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The proposed project site is not a part of any habitat conservation plan. The project site is developed with urban uses and no natural conservation plans are adopted for the area. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.5 Cultural Resources This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection T, Cultural Resources, of the previously approved 1990 Final EIS /EIR. (a) Cause a substantial adverse change in the significance of a historical resource as de£med in § 15064.5? The proposed project would not involve changes that were not addressed in the 1990 Final EIS/EIR. Based on aerial photographs and a windshield survey, the structures do not appear to be of historical significance due to unique architecture and are not anticipated to cause a substantial adverse change in the significance of a historical resource. Land uses within the Phase IV project area affected parcels include single family residential, parking lots, strip malls, shopping plazas, and various office uses. Implementation of the proposed project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of proposed excavations, the potential to uncover archaeological resources is considered low. However, implementation of mitigation measures as included in the previously approved 1990 Final EIS /EIR would reduce impacts to archaeological resources yet uncovered or undiscovered. The proposed project would not result in archaeological impacts greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 33 75C -49 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) As shown in Chapter VI, Resources Element, of the County of Orange General Plan, the project site is not located in an area of paleontological sensitivity. Also, the proposed project would involve only shallow excavation. Furthermore, since the project area is already developed, the potential for discovering paleontological resources during construction is low. Soils occurring in the project area are mostly Quaternary Alluvium. Typically, these deposits are less than 10,000 years old, and not likely to contain important fossils. No greater impacts to paleontological resources than previously analyzed in the 1990 Final EIS /EIR would result from project implementation. Mitigation Measures No new additional mitigation measures are required. (d) Disturb any human remains, including those interred outside of formal cemeteries? The project site is located within a fully developed urban area of the City. No formal cemeteries are located within the project area or vicinity. However, in the event that human remains are uncovered during grading or excavation, contractors are required to comply with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 2098.98. The County Coroner and, in the event that the remains are Native American, the Native American Heritage Commission would be notified and, in turn, would notify those persons believed to be most likely descended from the deceased for appropriate disposition of the remains. The proposed project would not result in human remains impact greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.6 Geology and Soils This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections A, Landform Modification, B. Seismic Hazards, C. Erosion Impacts, and F. Water Quality, of the previously approved 1990 Final EIS /EIR. (a) i Rupture of a known earthquake fault, iv Earthquake Fault Zoning Map issued by the substantial evidence of a known fault? Re Publication 42. delineated on the most recent Alquist- Priolo State Geologist for the area or based on other er to Division of Mines and Geology Special The City of Santa Ana is not included in the Alquist - Priolo Earthquake Fault Zoning Map. The project site is not underlain by an active fault and the closest fault, the Newport- Inglewood Fault, is approximately eight miles to the west. The proposed widening would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (a) ii Strong seismic ground shaking? The Newport - Inglewood Fault is the closest fault to the project site and is the most likely source of ground shaking impacts. The proposed project is an intersection widening project and would not expose people or structures to adverse ground shaking impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 34 75C -50 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. (a) iii Seismic - related ground failure, including liquefaction? The project site is not identified by the 1990 EIS /EIR as having a high liquefaction potential but is near areas classified as high to medium liquefaction potential. In addition, the project would be constructed to achieve the standards outlined in the California Building Code to reduce impacts in this regard. Consequently, the proposed project would not expose people or structures to potential liquefaction impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (a) iv Landslides? The proposed project site is generally flat and does not contain any significant slopes. The proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (b) Result in substantial soil erosion or the loss of topsoil? Exposure of barren rock and soil surfaces during construction would result in soil erosion. However, considering the slight gradient, anticipated erosion impact is minimal. Furthermore, the project would be subject to National Pollutant Discharge Elimination System (NPDES) permitting regulation, including the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) during construction activities. The SWPPP requires construction contractors to implement best management practices (BMPs) to reduce sediment from impacting the stormwater system. The increased erosion impact due to the intersection widening would not be substantially greater than previously analyzed. (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? The 1990 EIS /EIR indicated that there are no instances of midisturbed, natural soils. The project site is underlain by well- drained alluvial fan or flood plains and is not included in the areas of high subsidence or high liquefaction hazard (but located south of an area identified as high to medium subsidence for liquefaction). The project area is fully developed with urban uses within the City. The proposed project will be constructed in accordance with the standards of the Uniform Building Code (UBC). The proposed project would not create greater impact than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 35 75C -51 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) The proposed project would not include the construction of any structures other than relocation of existing utilities. The proposed project would not create substantial risks to life or property and the proposed project would not create greater impacts than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed project would not generate any sewage or wastewater and would not require installation of any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. 3.7 Greenhouse Gas Emissions This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection H, Air Quality, and V. Construction Impacts of the 1990 Final EIS /EIR. (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The 1990 Final EIS /EIR did not evaluate global climate change or greenhouse gas (GHG) impacts. Construction activities would consume fuel and result in the generation of GHG emissions. Construction of the project is anticipated to begin in the early 2015 and be complete later that year. Construction- related GHG emissions would cease upon completion of the project. Due to the length of construction activities, GHG emissions associated with construction activities are anticipated to be minimal. Because construction emissions are not substantial and would cease after completion of construction, GHG emissions would not be significant. Furthermore, the project proposes intersection widening of Bristol Street from Warner Avenue to Saint Andrew Place, therefore only carbon dioxide (CO2 ) emissions from mobile- sources are evaluated. Similar to the other criteria pollutants, the highest emissions would occur between 0 to 10 mph and 50 mph and above. Because the project would improve traffic flow within the Phase IV project area, the project would result in reduced CO2 emissions. Consequently, GHG emissions associated with the project would be less than significant. Mitigation Measures No new additional mitigation measures are required. (b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The proposed project would not conflict with applicable plans, policy or regulations adopted for the purpose of reducing the emissions of GHG. The proposed project would result in improved traffic flow, reduced vehicle idling times and congestion. Implementation of the proposed project would not result in new impacts to GHG. Mitigation Measures No new additional mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 36 75C -52 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 3.8 Hazards and Hazardous Materials This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections V, Construction Impacts, X, Hazardous Materials, of the 1990 Final EIS/EIR. (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed project would result in demolition of structures. Compliance with the standard protocol surveys and abating procedures would be required prior to any demolition activities that would potentially disturb existing building materials. Furthermore, specific requirements limiting asbestos emissions from building demolition activities are set forth in SCAQMD Rule 1403 (Asbestos Emission From Demolition /Renovation Activities). The existing structures to be demolished and roadway paintings and markers are also required to be surveyed for lead -based paint prior to demolition, in compliance with the applicable local, state, and federal regulations administered through the California Division of Occupational Safety and Health. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 Final EISBIR. Mitigation Measures No new additional mitigation measures are required (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Refer to response in 3.8 (a), above. Compliance with existing regulations and mitigation measures from the 1990 Final EISBIR would ensure that impacts are not greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? There are two schools that lie within one - quarter mile of the project site. Table 8 provides a summary of schools within the Bristol Street Widening ,Phase IV project area. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 37 75C -53 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) TABLE 8 LOCAL SCHOOLS WITHIN THE PHASE IV PROJECT AREA � { Sa=6 �I�L�Oi. "� � ���CSx4"'Cx;p��'� 3' K{i �4 � V�' C�L"'IY�'r'L ✓# .5^ W'.2C' 3 "'3r't�C'Ti -`'H" Jose Andres Sepulveda 1801 S Poplar Street, Santa Ana, CA West of Bristol Street at Saint 0,11 miles Elementary School 92704 Andrew Place intersection 1202 West Edinger Avenue, Santa Ana, Northeast of Bristol Street at Saint Mater Del High School 0.25 miles CA 92707 Andrew Place intersection Hazardous materials can be classified into four basic categories: toxins, flammables, irritants, and explosives. Toxins include a broad range of industrial chemicals and agricultural pesticides that may cause serious illness or death to humans. Irritants can cause inflammation or destruction of living tissue with effects ranging from mild to severe, depending on the degree of exposure and material involved. Flammables pose the threat of combustion at low ignition temperatures and rapid burning characteristics. Explosives can produce rapid chemical reactions causing damage from blast and flash fire. Because of their widespread use, it was assumed that each type of hazardous material was transported through, used, or stored to some degree, within the project area. Storage and use of hazardous materials was, and still is, generally limited to the industrial area to the west although hazardous materials are used or stored along Bristol Street at businesses such as gas stations, auto service shops, metal polishing and plating operations, and medical clinics. Both Mater Dei High School and Jose Andres Sepulveda Elementary School were identified and evaluated for potential impact in the 1990 Final EIS /EIR. It is not anticipated that the project would increase risk of upset beyond previous conditions. Therefore, health risks associated with project construction activities would be less than significant and impacts are not greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The proposed project site involves the widening of an existing intersection. The project area is developed with commercial and retail uses. Compliance with existing regulations and mitigation measures from the 1990 Final EIS /EIR would ensure that impacts are not greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The project site is not within an airport land use plan. The closest airport to the site is John Wayne — Orange County Airport, miles southeast of the project site. The proposed widening would not introduce any new risks or increase risks associated with the project. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -54 38 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street 1Mdeninq Protect Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. (f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The project site is not within the vicinity of a private airstrip and would not create any safety hazard. The proposed project would not create additional significant impact. Mitigation Measures No new additional mitigation measures are required. (g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The disruption of traffic and restricted access along Bristol Street between Warner Avenue and Saint Andrew Place during construction would affect the mobility of emergency vehicles. However, provisions would be made for interim access and traffic control plans would be prepared prior to each step in the construction process. Advance warning and information signs would be used to reduce the confusion motorists may experience during the construction process. It is expected that Bristol Street would remain open during construction. Although the proposed project may interfere with an emergency evacuation plan, it would be short term during construction, and the mobility would improve once the project is completed. Compliance with mitigation measures from the 1990 Final EIS /EIR would ensure that impacts are not greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project site is developed with various urban uses within the City. There are no wildlands in the project vicinity and no new significant impacts would result with project implementation. Mitigation Measures No new additional mitigation measures are required. 3.9 Hydrology and Water Quality This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections C, Erosion Impacts, D, Floodplain /Floodway Encroachment, and F, Water Quality of the 1990 Final EIS /EIR. (a) Violate any water quality standards or waste discharge requirements? As part of Section 402 of the Clean Water Act, the EPA has established regulations under the National Pollution Discharge Elimination System ( NPDES) program to control direct stormwater discharges. The proposed project would be required to comply with the NPDES program for the Santa Ana Regional Water Quality Control Board (SARWQCB). ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -55 39 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Construction Activities Grading and excavation and use of hazardous materials during construction would create potential sources of polluted discharge. The construction contractor is required to conform to the requirements of the Statewide NPDES Storm Water Permit. Pursuant to the CWA, in 2001, the State Water Quality Control Board (SWRCB) issued a statewide general NPDES Permit for stormwater discharges from construction sites ( NPDES No. CAS000002). Under this Statewide General Construction Activity permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for stormwater discharges or to be covered by the General Permit. In addition, best management practices (BMPs) specified in the Caltrans Storm Water Management Plan (SWMP) are also applicable. The construction contractor is required to conform to the requirements of the General NPDES Permit for Construction Activities and any subsequent General Permit in effect at the time of project construction. As part of the statewide NPDES permit, the construction contractor would be required to implement BMPs into their construction operations to reduce potential water quality impacts to the maximum extent practicable through preparation of a SWPPP. The General Permit contains requirements that BMPs must meet, including: Erosion Control Erosion control, also called stabilization, is the protection of the soil surface so that soil particles do not become detached by water or wind; and trapping soil particles that do become detached and are moved by water or wind. Non - Stormwater Management Non- stormwater management is the reduction or avoidance of discharges other than stonnwater, such as from cleaning of vehicles and equipment, and spills of hazardous materials and hazardous wastes. Non- stormwater management includes requirements for the use and storage of hazardous substances so as to avoid spills and minimizes pollution by cleaning spills that do occur. The SWPPP contains BMPs chosen for a project based on the specific activities that would be conducted as part of that project, and the amounts of stormwater and non - stormwater runoff that are anticipated. The 1990 Final EIS /EIR included a mitigation measure to control stormwater runoff associated with construction activities. Impacts would be less than significant and would be similar to those identified in the 1990 Final EIS/EIR. Moreover, the project would comply with the updated NPDES requirements, as described above. Operational Phase Operation of the proposed intersection has the potential to degrade water quality as a result of vehicular travel, including increases in such pollutants as oil, gasoline, grease, lead, and dust. Discharge from the proposed project to stormwater facilities would consist of non -point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediments. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residue. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry season period. Due to the nature of the proposed project, generally occurring within an existing developed area, project impacts are not considered adverse. Consequently, impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -56 40 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? The project site is already developed and is not a groundwater recharging area. The proposed Bristol Street Widening Phase IV project would not result in increased water consumption and would not deplete groundwater supplies. No impact to groundwater supplies would result from the proposed project. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? The project site is already developed and the existing drainage pattern would not be changed due to the implementation of Bristol Street Widening Phase IV project. The storm drain improvements would be limited to relocation and /or construction of catch basins as necessary. Therefore, implementation of the proposed project would not result in a substantial erosion or siltation on- or offsite due to drainage alteration. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? The project site is already developed and the existing drainage pattern would not be changed due to the Bristol Street Widening Phase IV. 'Be storm drain improvements would be limited to construction of properly designed curb and gutter as necessary. The proposed project would not result in substantial reduction in impervious ground surfaces. The proposed project would not increase the rate or amount of surface runoff to create on- or offsite flooding. Impacts would not be greater than previously analyzed in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? The project site is already developed and the existing drainage pattern would not be changed due to the Bristol Street Widening Phase IV project. The storm drain improvements would be limited to construction of catch basins as necessary. The proposed project would not result in substantial increase in impervious ground surfaces. The proposed project would not increase the rate or amount of surface runoff to create on- or offsite flooding. Impacts would be similar to those identified in the 1990 Final EIS /EIR. ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -57 41 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. (f) Otherwise substantially degrade water quality? The project site is currently developed and the proposed project would not result in substantial changes to the volume or nature of the urban runoff. Impacts would be similar to those identified in the 1990 Final EIS /EIR. The proposed project would be required to adhere to water quality regulatory requirements, as described above. Mitigation Measures No new additional mitigation measures are required. (g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed widening would not place any housing within a 100 -year flooding zone as mapped by the FIRM. No impact would result from the proposed project. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? The Bristol Street Widening Phase IV project would not place any structures within a 100 -year flood hazard zone. No impact would result from the proposed project. Mitigation Measures No new additional mitigation measures are required. (i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The proposed street widening does not involve development of any above -grade structures except for the relocation of utility poles. Therefore, the proposed project would not expose people or structures to a significant flooding risk any greater than what is already existing onsite. No impact would result from the proposed project. Mitigation Measures No new additional mitigation measures are required. (j) Inundation by seiche, tsunami, or mudflow? The project site is approximately 10 miles inland from the Pacific Ocean. The likelihood of tsunami impacting a site more than five miles inland is minimal. The project site and its vicinity are built out with urban uses and there is no unusual slope or geologic feature in the area. The potential for seiche, tsunami, or mudflow impacting the project site is less than significant. Impacts would be similar to those identified in the 1990 Final EIS /EIR. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 42 75C -58 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. 3.10 Land Use and Planning This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection A, Landfonn Modification, of the 1990 Final EIS /EIR. (a) Physically divide an established community? The project area is developed with various urban uses and the proposed widening would not divide an established community. Although there would be partial and full takes, the project would not create a physical barrier to separate a community. The proposed project would not introduce any significant land use impacts than previously analyzed. No significant impact would result from the project implementation. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The proposed project would not result in changes to the land use designation of the acquired parcels. The proposed project is in compliance with the existing designation and would not create a new conflict. No significant impact is anticipated. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The project site is not a part of any habitat conservation plan. The project site is already fully developed and the proposed widening would not conflict with any habitat conservation plan or natural community. No impact is anticipated. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.11 Mineral Resources This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection W, Consumption of Renewable and Non - Renewable Resources of the 1990 Final EIS /EIR. (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The project site is currently developed and does not contain any areas for the extraction of mineral resources. The proposed project would not involve excavation that would likely identify previously ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -59 43 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) unidentified mineral resources. No impact to mineral resources would result from the proposed project. hnpacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The project site is currently developed and is not delineated as a mineral resources recovery site by the City of Santa Ana General Plan. Implementation of the proposed project would have no impact on the mineral resources and no mitigation measures are necessary. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.12 Noise This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, Subsection I, Noise, and V, Construction Impacts of the 1990 Final EIS /EIR. (a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposed project involves widening of Bristol Street between Warner Avenue and Saint Andrew Place. The land uses in between Warner Avenue and St. Gertrude Place, and adjacent to the project, are commercial (Category C) on the west side of Bristol Street, and a mix of residential and commercial land uses on the east side of Bristol Street. The land uses on both sides of Bristol Street between St. Gertrude and St. Andrew Place are residential. Mater Dei High School is located along the east side of Bristol Street north of St. Andrew Place. Jose Andres Sepulveda Elementary School is west of Bristol Street in this same area. The future noise modeling results of the 1990 Final EIS /EIR indicated that future noise levels would be no more than one dBA higher with the project as compared to levels without project improvements (noise level changes of less than 3 dBA are normally inaudible to the human ear). The 1990 Final EIS /EIR (and 2013 NEPA Reevaluation) provided comprehensive noise barriers at all easterly parcel boundaries currently fronting the east side of Bristol Street between Warner Avenue and Saint Andrew Place and comprehensive noise barriers at all westerly parcel boundaries currently fronting the west side of Bristol Street between West Saint Gertrude Place and Saint Andrew Place. The following noise barriers were determined to be reasonable: NB -4, NB -5, NB -6, NB -7, NB -8, NB -9, NB -10, and NB -11. These noise barriers are generally equivalent to the recommended noise barriers shown in the 1990 FEIS and 2013 Reevaluation. However, barriers NB -6, NB -7, NB -8, and NB -9 would need to be shifted to the west of the receivers (parcels) that are no longer being acquired in whole such that these barriers are now proposed at the westerly parcel boundaries that front the east side of Bristol Street between Saint Anne Place and Saint Andrew Place (refer to Figure 7a and Figure 7b). Furthermore, the reasonable noise barriers would be constructed at a height of 8 feet, as opposed to 6 feet as identified in the 1990 FEIS and 2013 NEPA Reevaluation. The modifications and other refinements to the project would not create any additional impacts than what was identified in the 1990 Final EIS/EIR. With implementation of the mitigation measures from the 1990 Final EIS /EIR, noise impacts would be similar to that identified in the 1990 Final EIS /EIR. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -60 44 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 W 45 75C -61 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) FIGURE 7A NOISE MONITORING AND MODELING LOCATIONS ANA 305 -194 (PLR 02) CSA (AUGUST 2014) 133867 YU 46 75C -62 GEERRTRUDE PLACE- RzI ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) FIGURE 7B NOISE MONITORING AND MODELING LOCATIONS ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 PU 75C -64 47 IW 11A t K ` � idreas geda ntary,'h i ool - M 1h '1 Al d M 2aF M-2h f , u I< its r(b Mater Del High School ry r Al M-2h ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Refer to response in 3.12 (a.) above. Project construction will involve typical groundborne noise and vibration. However, the majority of construction activities will consist of standard procedures, and will be relatively limited for any particular area. Construction activities would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Impacts would be similar to those identified in the 1990 Final EIS /EIR with implementation of mitigation measures as included in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response in 3.12 (a.) above. During construction of the proposed project, the noise associated with construction may intermittently dominate the noise environment in the immediate area of construction. Typical construction equipment for roadway construction is expected to generate noise levels ranging from 74 to 89 decibels (0) at a distance of 50 feet. However, no additional adverse noise impacts from construction are anticipated as construction would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Construction equipment would be properly fitted and maintained according to the manufacturer's specifications. Furthermore, construction noise would be short-tern, temporary and cease upon completion of the proposed project. Impacts would be similar to those identified in the 1990 Final EIS/EIR with implementation of mitigation measures, as identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to responses 3.12 (c), above, for discussion regarding temporary noise impacts associated with construction. Mitigation Measures No new additional mitigation measures are required. (e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project site is not located within an airport land use plan. The nearest airport is the John Wayne Airport approximately 3.5 miles southeast of the southernmost Phase IV project intersection. No impacts would occur. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -66 48 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Refer to response 3.12 (e.), above. The proposed project is not located within the vicinity of a private airstrip. Mitigation Measures No new additional mitigation measures are required. 3.13 Population and Housing This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections L, Population, M, Housing Displacement, N, Business Displacement, O, Impacts on Neighborhood Character and Minority Groups, and R, Effect on Assessed Property Values, of the 1990 Final EIS /EIR. No take of residential parcels is proposed as part of this project. (a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? Bristol Street and Warner Avenue are currently heavily traveled roadways and the City of Santa Ana is fully built out. The proposed project is designed to accommodate the existing and future traffic volume and would not create significant numbers of new trips. The proposed widening would not result in additional impact. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The proposed project's Build Alternative is anticipated to result in full or partial acquisitions of approximately 43 parcels along the project study area. The acquired parcels are defined as distinct locations where residential and non - residential displacement could occur along the project alignment. The project is anticipated to result in the acquisition of 27 single - family residential units. This compares to a total of 28 single - family residential units (6 partial and 22 full acquisitions) as identified in the 1990 Final EIS/EIR. Of the 27 residential units that would be displaced as part of the proposed Project, 14 parcels would be considered partial acquisitions and 13 parcels would be considered full acquisitions. Since comparable relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity, the need for replacement housing would not be triggered due to project implementation. The number of displacees resulting from the Proposed project are anticipated to be less than identified in the 1990 Final EIS /EIR due to the reduction in number of full acquisition of single - family residential units. Mitigation Measures No new additional mitigation measures are required. (c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project requires the acquisition of 27 single - family units could possibly result in displacing approximately 82 residents (URS Corporation, November 2011). The construction of replacement housing elsewhere would not be necessary because comparable relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity. The project involves the widening Bristol Street from Warner Avenue to Saint Andrew Place in an urbanized, residential/commercial area of the City of Santa Ana. The required relocations would not disproportionately affect any specific group or groups of ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -67 49 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) individuals. Before any displacement occurs, residential and non - residential displacees will be presented with a list of comparable replacement properties that are available within the last six months for rent, lease, or purchase regardless of race, color, religion, sex or national origin, and would be consistent with the requirements of Title VI of the Civil Rights Act of 1968. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.14 Public Services This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections P, Impacts on Community Facilities, and V, Construction hnpacts of the 1990 Final EIS /EIR. (a) Fire Protection? The proposed project is an intersection widening project and no increase in demand for fire protection services would occur with implementation of the proposed project. Furthermore, the proposed project would result in positive impacts as a result of greater congestion relief and increased mobility in the vicinity for motor vehicles including emergency vehicles. hnpacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (b) Police Protection? Refer to response for Section 3.14 (a), above. The proposed project would reduce congestion and traffic idling times, and therefore, increase mobility of emergency vehicles, including police vehicles. The proposed project would not result in the need or increase the demand for police services in the area. Mitigation Measures No new additional mitigation measures are required. (c) Schools? No schools would be impacted by the proposed project and no school services would be affected by the proposed project. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (d) Parks? The proposed project is a road widening project and no park site would be acquired as part of the project. No park services would be increased or impacted by the proposed project and no impact would result from the proposed project. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (e) Other public facilities? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 50 75C -68 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) The proposed project is an intersection widening project and would not generate demands for public facilities. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.15 Recreation This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsection P, Impact on Recreational Facilities, of the 1990 Final EIS /EIR. (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project is not a growth- inducing project and would not create demand for recreation services. Physical deterioration of recreational facilities would not result from the proposed intersection widening and no impact would result from the project implementation. No mitigation measures are required with regards to recreational resources. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? The proposed intersection widening would not require the construction or expansion of recreational facilities and no adverse physical impact would be generated. No mitigation measures are required. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.16 Transportation /Traffic This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections U, Impacts to Transportation Facilities, and V, Construction Impacts of the 1990 Final EIS /EIR. (a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. The Bristol Street Widening Phase IV project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 Final EIS /EIR. The widening of Bristol Street was designated in the Orange County Master 'Plan, and was recommended in the Bristol Street Corridor Study — Final Report by Mohle, Grover & Associates in 1983. It was also recommended in the Arterial Highway Element — Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis prepared by Parsons Brinkerhoff Quade and Douglas, Inc., in 1983. The proposed widening is also in agreement with the recommendation found in the Intercity Liaison Committee — Five -Year Transportation Study Update to 1990 prepared by Basmaeiyan- Darnell, Inc., in ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -69 51 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 1985. Furthermore, the proposed project would result in an improvement to the Bristol Street at Warner Avenue, Glenwood Place, and Saint Andrew Place intersections. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The proposed project would result in an improvement to Bristol Street from Warner Avenue to Saint Andrew Place. Once the project has been implemented, all roadway segments would operate at LOS D or better. The proposed project would not cause the County congestion agency's LOS standards to be exceeded. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The closest airport to the site is John Wayne — Orange County Airport, located approximately 3.5 miles southeast of the project site. The proposed project would have no impact on air traffic patterns. The proposed project would not introduce any new risks or increase risks. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed project would improve the traffic flow along Bristol Street from Warner Avenue to Saint Andrew Place and would not create any sharp curves or other incompatible uses. The proposed project would not create any significant hazards beyond what was previously analyzed. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (e) Result in inadequate emergency access? The proposed project would improve traffic flow along Bristol Street in the long -term. However, during the construction phase, the disruption of traffic and restricted access along Bristol Street could temporarily affect the mobility of emergency vehicles. Provisions would be made for interim access, and traffic control plans would be prepared prior to construction. Additionally, advance warning and information signs would be used to reduce the confusion motorists may experience during the construction process. Bristol Street would remain open during construction. Although the proposed project may interfere with emergency access in the short -tern, it would improve emergency access once the project is completed. The proposed project would not result in a more significant impact to emergency access than previously analyzed, and with the implementation of mitigation measures as prescribed in the 1990 Final EIS/EIR. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -70 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) Mitigation Measures No new additional mitigation measures are required. (f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? The proposed project supports the use of public transportation and it would not conflict with any alternative transportation plan and would increase safety. The proposed project would not result in impacts greater than as described in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.17 Utilities and Service Systems This section corresponds with Section IV, Environmental Consequences and Mitigation Measures, subsections S, Effect on Utilities, and V, Construction Impacts of the 1990 Final EIS /EIR. (a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed project would not generate any sewer demand and would not change the sewer quality. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. (b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The proposed road widening project would not generate the need for water and wastewater services from the City of Santa Ana Public Works Agency and the Orange County Sanitation District, respectively. The existing sewer and water lines beneath Bristol Street would not be relocated. The proposed project would not create any new significant environmental impact. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project site is already fully developed and the proposed project would not change the runoff volume significantly. Instead, the proposed project would improve existing drainage flow by constructing properly designed curb and gutter along the edges of Bristol Street. Implementation of the proposed project would not result in any new significant environmental impact. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -71 53 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) (d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The proposed project would not result in any increase in water consumption. Landscape improvements, if applicable, would not require any new or expanded water entitlements. The proposed project would not create any new significant environmental impact. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required (e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The proposed roadway widening project would not generate any sewer demands. No new significant impact is anticipated. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. (f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The proposed project would generate construction waste on a short -term basis. The City has two haulers, Waste Management and Ware Disposal, which provide recycling services for construction and demolition projects. Construction waste that cannot be recycled would be taken to available landfills. The predominant receiving landfill for the City is the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine. The landfill, which is owned and operated by the Orange County Integrated Waste Management Department, opened in 1990 and is scheduled to operate until approximately 2022. The facility has adequate landfill capacity to serve the proposed project and no new significant environmental impact would result from the project implementation. Impacts would be similar to those identified in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. (g) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed project would comply with all applicable federal, state, and local statutes and regulations related to solid waste. The proposed project would comply with the City's established reduction, reuse, and recycling programs. No new significant solid waste impact would result from the proposed project. Impacts would be similar to those identified in the 1990 Final EIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.18 Mandatory Findings of Significance Based on this Addendum, the Bristol Street Widening Phase IV project has not substantially changed in regard to the setting, design, impacts, and mitigation measures as described in the 1990 Final EIS /EIR. New ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 54 75C -72 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Project WarnerAve to Saint Andrew Place (Phase IV) circumstances or new information, including any new or revised environmental laws, regulations, or policies have not modified the impacts of the proposed project. (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The proposed project would not result in greater impacts as compared with the 1990 Final EIS /EIR and does not have the potential to degrade the environment, reduce the habitat of a fish or wildlife species, threaten plant or animal communities, reduce or restrict endangered plant or animal species or eliminate important examples of major periods of California history or prehistory. (b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Due to the relatively limited nature of the proposed project and in consideration of mitigation measures addressed in the 1990 Final EIS/EIR, the project would not involve impacts that are cumulatively considerable. (c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Construction - related activities are anticipated to have some minor, temporary impacts, which can be mitigated with implementation of measures included in the 1990 Final EIS /EIR. Furthermore, potential long- term impacts would be reduced to less than significant levels through implementation of required mitigation measures. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -73 55 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Project Warner Ave to Saint Andrew Place (Phase IV) 4.0 REFERENCES Air Quality Conformity Analysis — Bristol Street Widening Project Warner Avenue to Saint Andrew Place (Phase IV), URS Corporation. January 2013. City of Santa Ana General Plan, Adopted September 1982 (with updates and reformatting through January 2010). City of Santa Ana Website: www .ei.santa- ana.ca.us.Community Impact Assessment — Bristol Street Widening Project Warner Avenue to Saint Andrew Place (Phase IV), URS Corporation. October 2010. Relocation Impact Statement — Bristol Street Widening Project Warner Avenue to Saint Andrew Place (Phase IV), URS Corporation. November 2011. Final Environmental Impact Statement, Proposed Widening of Bristol Street from Warner Avenue to Memory Lane, in the City of Santa Ana. Wildan Associates. 1990. Noise Study Report — Bristol Street Widening Project Warner Avenue to Saint Andrew Place, URS Corporation. November 2012. Southern California Association of Governments, Orange County RTIP, Project Listing Report. 2008, www.seag.ca.gov. Traffic Impact Analysis — Bristol Street Widening Project Warner Avenue to Saint Andrew Place, URS Corporation. October 2010. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 56 75C -74 APPENDIX A MODIFIED INITIAL STUDY CHECKLIST ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -75 Modified Initial Study Checklist The following Modified Initial Study (MIS) Checklist is based on the California Environmental Quality Act (CEQA) Initial Study Checklist. It is modified to evaluate the proposed project changes for which environmental impact reports /statements have previously been completed to assist in the determination of the need for supplemental environmental documents, in this case, a Supplemental EIS/EIR or an Addendum under Public Resources Code 21166 and Guideline Sections 15162, 15163, and 15164. For purposes of this study, references to "the proposal' in the left hand column questions refer to the proposed project changes. The first four columns to the right of the MIS questions identify whether the proposed project changes would result in new impacts and if so whether these impacts would be less than significant, less than significant after mitigation, or significant. The fifth column asks whether or not the impacts associated with project changes, if any, were sufficiently disclosed in the previous environmental documents (Not Addressed). Finally, the last column indicates whether or not a Supplemental EIS /EIR is needed. A Supplemental EIS /EIR would be needed if there were new significant unmitigated or substantially more severe impacts which would result from the project changes and which were not sufficiently disclosed in the previous environmental documents. Discussion in support of the conclusions indicated on the checklist is provided in Chapter 3 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133967 YU 75C -76 A MODIFIED INITIAL STUDY CHECKLIST ANA 305 -194 (PER 02) USA (AUGUST 2014) 133967 YU 75C -77 New Impacts of Project Changes -` PreviousFEIRandFEIS - ess an Significant ess an Significant otentia VV Significant pp uppp ement al EIR/EIS robs P Impact After Impact DiscloseG? Required? Mitigation 1. AESTHETICS. Would the project: a) Have a substantial adverse effect X YES NO on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and X N/A NO historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site X YES NO and its surroundings? d) Create a new source of substantial light or glare, which X YES NO would adversely affect day or nighttime views in the area? Z AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X N/A NO Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act X NIA NO contract? c) Conflict with existing zoning for, or cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code X N/A NO section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? d) Result in the loss of forest land or conversion of forest land to non - X NIA NO forest use? e) Involve other changes in the existing en vironm ant wh ich, due to their location or nature, could result X N/A NO in conversion of Farmland, to non- agricultural use or conversion of forest land to non - forest use? ANA 305 -194 (PER 02) USA (AUGUST 2014) 133967 YU 75C -77 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -78 New Impacts of Project Changes - Previous FOR and FEIS Impact P Less an Significant Less an Significant Potentially Significant DiscPosed? uppp emenl al EIRIEIS - Impact After Impact`. .Required? Mitigation 3. AIR QUALITY. - Would the project: a) Conflict with or obstruct X YES NO implementation of the applicable air quality plan? b) Violate any air quality standard or X YES NO contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an X YES NO applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X YES NO substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of X YES NO people? 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, X YES NO or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X YES NO policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited X YES NO lo, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -78 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -79 New Impacts of Project Changes Previous FOR and FEIS No Impact Less I han Significant Less I han Significant Potentially Significant Impacts Disclosed? Supplement at EIR/EIS Impact After Impact Required? Mitigation d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or X YES NO with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological X YES NO resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or stale habitat conservation plan? 5, CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X YES NO historical resource as defined In § 15064.5? b) Cause a substantial adverse change in the significance of an X YES NO archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or X YES NO site or unique geologic feature? d) Disturb any human remains, including those interred outside of X NA NO formal cemeteries? 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the X YES NO State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -79 ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -80 - New Impacts of Project Changes Previous FOR and FEIS Impact Less an Significant an Significant otentia V Significant Disclosed? ulp ement at EIR/EIS Impact After Impact Required? Mitigation ii) Strong seismic ground shaking? X YES NO iii) Seismic - related ground failure, X YES NO including liquefaction? iv) Landslides? X YES NO b) Result in substantial soil erosion X YES NO or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- X YES NO or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), X YES NO creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste X NA NO water disposal systems where sewers are not available for the disposal of waste water? 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or X NO NO indirectly, that may have a significant Impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the X NO NO purpose of reducing the emissions of greenhouse gases? 8. HAZARDS, Would the project involve: a) Create a significant hazard to the public or the environment through X YES NO the routine transport, use, or disposal of hazardous materials? ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -80 ;. New Impacts of Project Changes .. Previous: FOR and FEIS. No Less I ran Significant Less I nan Significant Ppienual Significant Impacts Su lament al EIR EIS Impact Impact After Impact Disclosed? Required? - - .:Mitigation . b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and X YES NO accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X NIA NO waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 X YES NO and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within X NIA NO two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project X NIA NO result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted X YES NO emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X NIA NO urbanized areas or where residences are intermixed with wildlands? 9. HYDROLOGY AND WATER. QUALITY a) Violate any water quality X YES NO standards or waste discharge requirements? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -81 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -82 New Impacts of Project Changes Previous FEIR and FEIS No Impact P ess I Man Significant Less I Man Significant Potemiall y Significant Impacts Disclosed? Icposed? upppement `al EIWEIS Impact After Impact Required? Mitigation E) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local X YES NO groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X YES NO manner that would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X YES NO substantially increase the rate or amount of surface runoff in a manner that would result in flooding on -or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water X YES NO drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade X YES NO water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or X YES NO Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood X YES NO hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding X YES NO as a result of the failure of a levee or dam? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -82 ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -83 New Impacts of Project Changes - Previous FEIR and FEIS Less : an Significant Less an Significant Potentially Significant Supplement atEIRIEIS Impact Impact After Impact Discosed? Required? ' Mitigation j) Inundation by seiche, tsunami, or X N/A NO mudflow? 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established X N/A NO community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local X YES NO coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X N/A NO community conservation plan? 11. MINERAL RESOURCES. - Wouldtheproject: a) Result in the loss of availability of a known mineral resource that would X YES NO be of value to the region and the residents of the stale? b) Result in the loss of availability of alocally- important mineral resource recovery site delineated on a local X YES NO general plan, specific plan or other land use plan? 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local X YES NO general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive X YES NO groundborne vibration or groundborne noise levels? c) A substantial permanent increase In ambient noise levels in the project X YES NO vicinity above levels existing without the project? ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -83 ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 10 75C -84 New Impacts of Project Changes Previous FOR and FEIS Impact Less an Significant Less an Significant Potentially Significant Disclosed? uppp ement EIR/EIS Impact After Impact Required? Required? Mitigation d) A substantial temporary or periodic increase in ambient noise X YES NO levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public X N/A NO use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project X N/A NO expose people residing or working in '.. the project area to excessive noise levels? 13. POPULATION AND HOUSING.. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes X YES NO and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the X YES NO construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the X YES NO construction of replacement housing elsewhere? 14. PUBLIC SERVICES. Would the project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob'ecllves for any of the a) Fire protection? X YES NO b) Police protection? X YES NO c) Schools? X YES NO ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 10 75C -84 Appendix A ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -85 New Impacts of Project Changes Previous FOR and FEIS No ess inan Significant Less I man Significant Potentially . Significant Impacts uppp ement al EIRIEIS Impact Impact 'After Impact: Disclosed? :Required.. .:Mitigation d) Parks? X YES NO e) Other public facilities? X YES NO 15. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational X YES NO facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of X YES NO recreational facilities that might have an adverse physical effect on the environment? 16. TRANSPORTATIONIfRAFFIG. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking Into account all modes of transportation including X YES NO mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand X YES NO measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase X NO NO in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) X YES NO or incompatible uses (e.g., farm equipment)? ANA 305 -194 (PER 02) CSA (AUGUST 2014) 133867 YU 75C -85 ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 12 75C -86 New Impacts of Project Changes. Previous FOR and FEIS No. Impact P ess an Significant Less an Significant Potentially Significant Imacts Disclosed? upppement al EIR/EIS Jmpact After Impact Required? Mitigation e) Result in inadequate emergency X YES NO access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian X YES NO facilities, or otherwise decrease the performance or safety of such facilities? 17. UTILITIES AND SERVICE SYSTEMS. Would the 'ect a) Exceed wastewater treatment requirements of the applicable X YES NO Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or X YES NO expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of X YES NO existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, X YES NO or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X YES NO project's projected demand In addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to X YES NO accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related X YES NO to solid waste? ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 12 75C -86 Appendix A ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -87 New Impacts of Project Changes Previous FOR and FEIS . No ess I : an Significant Less I ham Significant Potentiall SignificantOisclosed? impacts upppement— al EIRIEIS Impact Impact After Impact Required? Mitigation 18. MANDATORY FINDINGS OF SIGNIFICANCE. - a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to X YES NO eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a X YES N project are considerable when 0 viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will X YES NO cause substantial adverse effects on human beings, either directly or Note: NIA = Not applicable 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and slate where they are available for review. b) Impacts adequately addressed Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. ANA 305 -194 (PER 02) USA (AUGUST 2014) 133867 YU 75C -87 75C -88 ROH — 04/07/15 RESOLUTION NO. 2015 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01 FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE (PHASE IV) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 19, 1990, the City Council approved the Final Environmental Impact Statement / Environmental Impact Report (EIS 89 -01) for the widening of a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane, hereinafter referred to as the "Project". B. City Council has been asked to approve the commencement of Phase IV of the Project, widening Bristol Street from Warner Avenue to Saint Andrew Place. Phase IV includes minor design modifications to the Project approved in EIS 89 -01. C. On April 7, 2015, the City Council of the City of Santa Ana considered the request for approval of the Addendum to the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01). Section 2. The City Council previously approved and adopted Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01). In accordance with the California Environmental Quality Act ( "CEQA "), an Addendum to EIS 89 -01 was prepared for Phase IV of the Bristol Street Widening Project. A true and correct copy of the Addendum is attached hereto as Exhibit "A" and incorporated herein by reference. The City Council reviewed the information contained in the Addendum, which includes reference materials, all of which are hereby incorporated by reference, and as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the Addendum adequately addresses the expected environmental impacts of this Project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original FEIS /EIR. Resolution No. 2015 - Page 1 of 3 75C -89 Section 3. The City Council hereby certifies and approves the Addendum to EIR 89 -01, and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the matter required by Law. Section 4. These decisions are based upon the Request for Council Action dated April i, 2015, and exhibits attached thereto; the public comments; and, the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01), all of which are incorporated herein by this reference. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.8. ADOPTED this day of April, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia f arvalhp, City Attorney M li AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 - Page 2 of 3 75C -90 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -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 75C -91 Resolution No. 2015 - Page 3 of 3 75C -92 EXHIBITA Please note that Exhibit A referenced in the resolution is Exhibit 3 of the 75C Staff Report. 75C -93 75C -94 ,I 00m. MEMORANDUM To: Mayor and City Council Date: April 2, 2015 From: City Manager fl)-� Subject: Community Proposal from Building Healthy Communities for a Wellness District Background On January 12, 2015, at the Finance, Economic Development and Technology Committee meeting, a group of residents and business owners, represented by Building Healthy Communities presented an item to the Committee related to a Market Study for the Downtown for Wellness Goods and Services. This presentation included a proposed resolution to direct the City Manager to establish a Wellness District for the Downtown. The report was presented by a Canadian firm, The Next Practice, and was commissioned by the California Endowment in collaboration with Building Healthy Communities. The report was prepared to support their efforts related to health and wellness activities. The members of the Committee requested the City Manager review the elements of the proposed resolution, meet with the members of Building Healthy Communities, and bring back this item to the City Council for discussion in March. The City Manager and staff met with representatives of Building Healthy Communities on January 26, 2015 to provide initial comments and feedback from the City on the various elements of their proposed resolution. This was followed with a written response to the group on February 4, 2015. This response provided a point by point response for each of major requests that were listed in the proposed resolution. In addition, staff provided a listing of all city owned parcels as requested by the group. On March 4, 2015, Building Healthy Communities provided staff with a revised proposed resolution, comments to the City's responses, and a second proposed resolution related to the creation of a new community advisory committee for economic development planning. On March 11, 2015, a third revised proposal was submitted to the City. At the March 17, 2015 City Council Meeting, the Work Study Session to discuss this item was continued to April 7, 2015, which allowed staff to provide comments on the latest version submitted (Attachment 9). The City Attorney's Office did not have the opportunity to provide their review of the revised comments. Options A. Approve one or more of the Building Healthy Communities Resolution elements /proposals B. Request that staff continue working with Building Healthy Communities on their proposal and /or City Council direction WS -A -1 Attachment 1. Market Study for Wellness -. Performed by the Next Practice on behalf of the California Endowment 2. Case Studies for Market Study for Wellness 3. Community Proposal- Wellness District Resolution Version 1 4. Staff Responses to Version 1 5. Community Response to Staff Responses 6. Community Proposal- Wellness District Resolution Version 2 7. Community Proposal- Economic Development Advisory Committee 8. Community Proposal- Wellness District Version 3 9. Staff Responses to Version 3 WS -A -2 ATTACHMENT SANTA ANA WELLNESS DISTRICT A Study of Demand and Supply for Wellness Goods and Services in Downtown Santa Ana, California September 2014 The N E, x t Practice The Next Practice Ltd. Office +1-416-461-1644 720 Bathurst Street Toronto, Ontario M56 2R4 Cell +1-416-303-0478 WS -A -3 ATTACHMENT CONTENTS 01. Introduction .................................................... ............................... 04 02. Summary of Key fads and Findings ............. .............................04 03. Description of the Study ............................... ............................... 06 04. Level 1 & 2 Analysis: Quantitative Market Research ................. 09 KeyFinding # 1 ................................................ .............................09 KeyFinding # 2 ................................................ .............................13 KeyFinding 93 ................................................. .............................14 The Latino Downtown Revival Scenario ............................17 The Downtown Tourism Scenario ......... .............................19 The Post- Latino Downtown Scenario ... .............................19 Conclusions from the Quantitative Research ............................21 05. Level Analysis: Qualitative Market Research ...........................23 Conclusions from the Qualitative Consumer Research .............24 Summary of Further Inputs from Workshop Participants ....... 26 Appendix A. Methodological Notes ...................... .............................28 Al. The Study Area ......................................... .............................28 Downtown Santa Ana ............................ .............................28 Central Santa Ana .................................. .............................29 A2. Wellness Goods and Services .................. .............................29 A3. Consumer Segments and Spending Patterns .....................29 Segment Populations ............................ .............................29 Household Effective Buying Income . ............................... 30 A4. Level 2 Market Analysis: Household Expenditure Allocations and Shopping Location Choices ....................30 Household Expenditures for Wellness Goods and Services, by Segment ..................... .............................31 Shopping location Estimates, by Segment ......................31 AS. level 3 Consumer Analysis: Qualitative Market Research.. 31 Appendix B. Wellness District Project Concepts .. .............................32 BI. Fitness and Recreation C enter .................. .............................33 B2. Micro farm and Community Education Center ....................35 B3. El Mercadito Santenera Appendix C. Workshop Participants ..................... .............................39 The \,•xt Practice WS— A- 4ntaAnaWellnessDistrict: Astudyofdemandandsupplyforwellnessgoodsandservices _ y: tf'•1:fiwl TABLES Tablet. Definition of the Wellness Goods and Services Category Table 1. Definitions of Key Consumer Segments Evaluated in this Study Table 3. Wellness Retail and Food Services Demand - Supply Outcomes, Downtown and Central Santa Ana ...........................10 Table 4. Core Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply 1 for 0.5 Mile Radius (Mortimer St. to Ross St., 8Th St. to Walnut St.). ................................................................................................................. 11 Table 5. Extended Downtown /Civic (enter, Wellness Retail and Food Services Demand - Supply for 1.0 Mile Radius (Garfield St. to Flower St., Washington St. to Camile St.). ... __ ........................................................................................... 12 Table 6. Estimated Current Expenditures for 'Wellness' Goods and Services (Baseline) per Annum, by Consumer Segment ........................................................................................................ .............................15 Table 7. Overview of Presented Consumer Scenarios for Core Downtown 'Wellness District' Development .............................16 Table 8A. Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler .......... .............................18 Table 8B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor. ........ ............................................ 18 Table 9A. The Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler .. .............................20 Table 911. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor.. ..... __ ....................... .................. 20 Table 12. Consumer Expenditures and Retail Sales per Gross leasable Commercial Floor Area ( Gla) ............. .............................22 Table 13. Allocation of Household EBI to Household Expenditures .................................................................... .............................30 The \, o Practice WS—A-5 ta Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT 01. Introduction 'This study evaluates prevailing market conditions for the pursuit of a `wellness' focused economic development strategy for downtown Santa Ana. The study was commissioned by The California Endowment (TCE) and was implemented by The Next Practice Ltd (TNP) in coordination with the Santa Ana Building Healthy Communities initiative ( SABHC). Research support for both the quantitative and qualitative market studies was provided by MASdata. The related community workshops would not have been possible without the contributions made by elected officials and staff of the City of Santa Ana, staff of St. Joseph's Health, and the participating community leaders and residents of Santa Ana. TCE has made a 10 -year commitment to support initiatives in central Santa Ana, as well as thirteen other California communities, that together can improve health and wellness outcomes for lower income residents. The Next Practice has been advising this Building Healthy Communities initiative on possible strategies for commercial/retail cluster development to facilitate more convenient and affordable access for lower income residents to the mix of services, retail goods, and amenities needed to support their improved health and wellness outcomes. Prior to the commencement of this study, the SABHC arranged for The Next Practice to meet with members of the Santa Ana City Council and the Office of the City Manager, so as to coordinate its research with other studies and initiatives for downtown development. The Next Practice subsequently exchanged its research plans with an economic development advisor to the City Manager. The SABHC further ensured that City Council Members and municipal professional staff were invited to participate in a workshop, where the preliminary findings of the study were presented and deliberated. City officials and staff have been supportive of the research, and provided valuable comments and observations regarding the preliminary findings. The full and final findings and conclusions are now presented in this report. 02. Summary of Key Facts and Findings Downtown Santa Ana is already a destination for the purchase of `Wellness Goods and Services'. Groceries, meals and snacks, and pharmaceuticals and health aids are the top three sources of sales `surplus' in downtown Santa Ana. A sales surplus means that downtown retailers sell more than the total household demand for these types of merchandise by downtown residents. The estimated 2014 sales surplus for all Wellness Goods and Food Services in downtown Santa Ana is $67 million. From a commercial property performance perspective, downtown Santa Ana already has a local and regionally competitive function as a Wellness Goods and Services district. Sales of Wellness Goods and Food Services per leasable commercial area in downtown Santa Ana are already $1,774 per square foot (data based on large commercial properties), compared with $170 for the entire City of Santa Ana, and $368 for Orange County. A Wellness District economic development strategy could, in principle, further substantially increase sales per gross leasable area in downtown Santa Ana relative to other retail areas in the city and beyond. The greatest and most immediate potential for further Wellness Goods and Services sales growth in downtown Santa Ana is to improve offerings and to increase sales to the residents of central Santa Ana. Due to the number of households, their proximity, lower travel times to downtown, and the greater amount of time spent in or adjacent to downtown, the residents of central Santa Ana are by far the largest pool of available demand for increasing downtown sales of Wellness Goods and Services. This statement is substantiated by the three sales growth scenarios considered in this study. The \,•N t Practice WS—A-6 ta Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Although central Santa Ana residents have lower Effective Buying Income (EBI) than non - resident downtown commuters and weeknight /weekend visitors, they also have fewer alternative retail market areas than non - residents, especially considering their lower levels of car ownership. Non - resident segments can efficiently access a wider range of competing retail locations. Given the limited times of the week and day that commuters and visitors spend in downtown Santa Ana, they typically pursue a narrower range of shopping and services activities in downtown Santa Ana than the residents for whom the downtown has traditionally been a primary shopping area. Each of the three considered scenarios explored how to increase downtown Wellness Goods and Services sales by 80% over 2014 levels. Such an increase in sales reflects a $137 million per annum sales increase over the current baseline. The scenarios highlight the extent to which the most viable strategy for such an increase involves efforts to increase the downtown share of Wellness Goods and Services purchases by central Santa Ana households from the current estimate of 32% of their total household Wellness Goods and Services purchases being made downtown to 46% of their total purchases in this category being made downtown. Such an increase in downtown purchases would require a reallocation of just $300 per annum of central residents' existing purchases from non - downtown locations to downtown locations. The scenarios are further described below. In addition to the development of offerings by downtown fixed store locations, Non -Store Retailers account for a large share of sales in the downtown and in central Santa Ana market areas. Non -Store Retailers also account for a large share of the sales surplus in the downtown area. Non -Store Retailers are the NAILS subsector consisting of businesses that retail goods and services from vehicles, temporary stands and stalls, door -to -door solicitation, catalogues, broadcasting and the Internet. In downtown Santa Ana, Non -Store Retailers account for 16% of total retail sales. In central Santa Ana, Non -Store Retailers account for 25% of total retail sales. The surplus sales by Non -Store Retailers have two prominent implications. First, they indicate that households and institutional customers (e.g., in the Civic Center office area) are not finding competitive offerings from downtown fixed store retailers. They are therefore meeting their needs via on -line, catalog, and other non -store vendors. Downtown fixed -store retailers might be able to capture more of this local demand. Second, local households are comfortable purchasing goods and food services from vehicles, door - to -door vendors, and temporary stands and stalls. This suggests that there is potential to more strategically develop and support the vendor sector in the downtown area. The' Practice WS—A-7 ita Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT 03. Description of the Study The study was designed to provide useful quantitative and qualitative market research findings to public and private sector parties who are involved in local economic development, property investment, and retail activities in downtown Santa Ana, which is the primary commercial/retail center for residents of central Santa Ana. The study was also specifically intended to provide guidance to SABHC and its participating community organizations regarding the opportunity to improve access to goods and services associated with health and wellness outcomes, especially by lower income central Santa Ana residents For purposes of data gathering and analysis for this study, "downtown Santa Ana" has been defined as the area within a 0.5 mile radius of E. 4' Street and Main Street. "Central Santa Ana" has been defined as the area within a 2.0 mile radius of E. 4th Street and Main Street or, alternatively, the seventeen census tracts located within a 2.0 mile radius of E. 4th Street and Main Street.'Ihe methodology used in preparing this study is generally described below. More detailed methodological notes are provided in Appendix A. In the first instance, the study required the definition of the `market basket' of health and wellness - related goods and services that constitute the category defined here as `Wellness Goods and Services,'to be explored as a focus for downtown economic specialization. The Wellness Goods and Services category needed to be distinguished from other goods and services types and commercial subsectors typically present in a downtown commercial district. Working within the constraints of available data based on NAICS industry codes, The Next Practice (TNP) consulted with SABHC to establish the Wellness Goods and Services category outlined in Table 1. With this wellness focus for economic development and retail strategy in mind, the study explored opportunities and requirements for the development and promotion of downtown Santa Ana as a Wellness District, at three distinct levels of analysis: Level I Analysis. Determination of the current status of retail merchandising in the market areas of downtown Santa Ana and central Santa Ana, specifically for Wellness Goods and Food Services. The Level 1 analysis relied substantially upon use of the Nielsen Claritas Retail Market Power model, using methodologies frequently applied in local retail market analysis across the United States. State sales tax data from the California Board of Equalization were also used for this purpose. Level 2 Analysis. Detailed determination of available household demand for Wellness Goods and Services purchases, specifically associated with five distinct consumer segments. This analysis enabled the evaluation of specific downtown retail/services strategies targeting offerings and sales growth for distinct consumer demographics. A description of the five distinct consumer segments considered in the study is provided in Table 2. The Level 2 analysis relied upon data from the U.S. Census American Community Survey (ACS), the U.S. Bureau of Labor Statistics Consumer Expenditure Survey, Nielsen Effective Buying Income (EBI) data, and data from other household income and expenditure reports. In addition to determining the median household EBI allocated to Wellness Goods and Services in each segment, the analysis allowed us to prepare three main scenarios for Wellness Goods and Services sales growth in downtown Santa Ana, based upon different assumptions regarding the primary future consumers in the downtown area. The \Lcxt Practice WS—A-8 ta Ana Wellness District: A study of demand and supply for well ness goods and services Level 3 Analysis. Identification of the consumer preferences and lifestyle priorities of the two consumer segments offering the greatest potential for downtown sales growth (i.e., traditional central Santa Ana homeowners and rental tenants). This aspect of the study was undertaken to inform the preparation of specific Wellness Goods and Services projects for the primary resident demographics of central Santa Ana. The segments that were the focus of the qualitative research account for the majority of downtown Santa Ana retail purchases under all three of the considered scenarios. The qualitative research method used was in -depth interviews. Day -in- the -life accounts were documented for each of 40 central Santa Ana residents, including homeowners and rental tenants, as well as senior citizens, younger and older adults, and youth. This data was entered into a tool developed by The Next Practice (TNP) to identify lifestyle and shopping patterns and preferences. On the basis of the above three levels of market research, the SABHC convened a series of workshops to design some initial Wellness District project concepts. The concepts developed in these workshops are summarized in Appendix B. The findings of the research may also be useful for other retail and services development strategies for the downtown area, including by downtown business associations. TABLE 1. Definition of the Wellness Goods and Services Category the i Practice WS—A-9 U.S. Bureau of labor Statistics, Consumer NAICS Business Establishments Categories Expenditure Survey Categories Wellness Retail Goods & Food Services Health and Personal fare Drugs, Health Aids, Beauty Aids Health and Personal Care Stores (446) including Pharmacies & Drug Stores (44611), Cosmetics and Beauty Supply Stores (44612), Optical Goods Stores (44613) and Other Health and Personal Care Stores (44619 Food and Beverages Groceries and Other Foods Food and Beverage Stores (445), including Grocery Stores (4451) and Specialty Food Stores (4452) but excluding Beer, Wine and Liquor Stores (4453) Food Services Meals and Snacks Food Service and Drinking Places U72), including Full Service Restaurants (7221), Limited Service Eating Places (7222), and Special Foodservices (7223), but excluding Drinking Places - Alcoholic Beverages (7224) Sporting Goods Sporting Goods Sporting Goods Stores (45111) Toys and Hobby Goods Toys, Hobby Goods, and Games Hobby, Toys and Games Stores (45112) and Sew /Needlework/Piece Goods Stores (45113) Music and Musical Instruments Audio Equipment and Musical Instruments Musical Instrument and Supplies Stores (45114), Pre - recorded Tapes, CDs, Record Stores (45112), but we have not included Electronics and Appliance Stores due to the breadth of the category definitions) Books and Periodicals Books Other Wellness Services Educational Services & Childcare These categories are as defined in the U.S. Bureau of Labor Statistics, Consumer Expenditure Survey Health Care & Social Assistance the i Practice WS—A-9 ATTACHMENT TABLE 2. Definitions of Key Consumer Segments Evaluated in this Study The ` I,11 !rL WS_A_ Ana Wellness District: A study of demand and supply for wellness goods and services Number of Households Median Household Median Household EBI Median Age of % Latino Background Income (2012) Householder A. Traditional Central 27,843' $48,501 $27,062 Z7 years 91% Santa Ana Renters This segment is defined to represent the profile of a traditional or typical household that rents a residence in Central Santa Ana. 'Central Santa Ana' is defined in our study as the 17 census tracts within a 2.0 mile radius of the downtown proper. B. Traditional Central 13,651' $48,502 $22,238 27 years 82% Santa Ana Homeowners This segment is defined to represent the traditional profile of household that owns a residence in Central Santa Ana, and area defined in our study as the 17 census tracts within a 2.0 mile radius of the downtown proper. A key differentiation from segment A is the lesser amount of EBI due to increased housing costs. C. Weekday Downtown 4000" 72,743 $40,225 37 years (est) 23%(est) Commuters This segment is defined to represent the typical commuter to a place of employment in the downtown area, defined in our study as the area within a 0.5 mile radius of the downtown proper. These commuters are primarily residents of locations throughout Orange County. Their number is estimated by calculating the difference between the number of employed persons residing in the 0.5 mile area and the total number of persons employed within the same area of Santa Ana. Median household income and FBI Is based upon a weighted average of the different median incomes of automobile and transit users and of homeowners and renters in Orange County. For purposes of this study, any one commuter to employment in the downtown area is considered to be a'household; i.e., to have full discretion over their household's EBI. D. Weeknight and 75,000" 1 66,564 1 $35,215 1 37 years (est) I Unknown Weekend Destination This segment is defined to represent the profile of a household member who visits downtown Santa Ana on a weeknight weekend at least three times per year for Visitors cultural, recreational and /or shopping purposes. These visitors are considered to be primarily residents of an area within a 12.0 mile radius of the downtown proper. Median household income and FBI are based upon a weighted average of the different median incomes of automobile and transit users and of homeowners and renters, using ACS data. The median household income for this segment is close to the median income for households within a 12.0 mile radius of the downtown, i.e., those who are more proximate to downtown Santa Ana than Orange County households more broadly. E. New Downtown 310" $39,360 1 $19,507 1 26 years (est) Unknown Settlers This segment is defined to represent a new downtown residential demographic settling in the downtown area proper, The segment typically has the profile of a university student or graduate, who primarily rents the place of residence. Actual number of households based on American Community Survey (ACS). "Estimated number of households represented by these commuters or visitors, based on Santa Ana - Garden Grove Alternatives Analysis Report, April 2014, pages 2 -2 thou 2 -4. Actual number of households in the immediate downtown census tract who have university-level education, based on the A(S. The ` I,11 !rL WS_A_ Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT 04. Level 1 & 2 Analysis: Quantitative Market Research The main conclusions derived from the quantitative and qualitative research are summarized below. KEY FINDING #1 (Level 1 Analysis) Downtown Santa Ana already has evident locational advantages and retail specialization in the Wellness Goods and Services category. Sales of all types of merchandise and food services in the core downtown (0.5 mile radius of N. Main and 4th) are approximately $117 million more per annum than the demand from downtown households. Wellness Goods and Food Services account for $67 million or 57% of the total downtown sales surplus. In other words, Wellness Goods and Food Services are already an established competitive advantage for downtown Santa Ana, offering potential for further development. The question is: for whom (i.e., which consumer segments) will this development be focused? A sales surplus means that retailers in these merchandise and services categories are selling more than the total annual expenditures in these categories by households residing within the downtown area. Additional purchases are being made in the downtown by households located outside of the downtown area, creating the sales `surplus.' As with the downtown area, the central Santa Ana (2.0 mile radius) retail market area also generates a sales surplus. Households in and outside of central Santa Ana are together purchasing more in central Santa Ana than the total annual resident demand for Wellness Goods and Food Services in the central Santa Ana market area. Details on the estimated sales surplus (or gap) by type Wellness Goods and Food Services are presented in Table 3. Across all retail merchandise categories, in the core (0.5 mile radius) downtown of Santa Ana, groceries, meals, and health and personal care products are the three largest areas of current sales surplus. Therefore, these are downtown Santa Ana's current areas of retail specialization. The downtown sales surplus in Wellness Goods and Food Services contrasts with downtown sales gaps or deficits in other merchandise categories. Sales of beer /wine /liquor, specialty foods, children' wear, small appliances, sewing goods, curtains and blinds, toys and hobby goods, lawn and garden supplies, and vehicles are below the levels of demand of resident households located in the downtown. Some of these gap areas —such as specialty foods, and toys and hobby goods —may merit further development in light of their inclusion in the Wellness Goods and Services category and of the quantified local demand. Adding further nuance to the above findings, a study by Social Compact (2006) of downtown and central Santa Ana concluded that local residents in both areas were making a substantial amount of their purchases outside of central Santa Ana. This suggests that downtown Santa Ana could further build on its existing retail market power in Wellness Goods and Food Services by better servicing local demand while also continuing to upgrade existing competitive advantages and offers for non - resident customers. The specific sales surplus /gap findings are summarized in Tables 3, 4, and 5. The \rat Practice WS—A-11 a Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT TABLE 3. Wellness Retail and Food Services Demand - Supply Outcomes, Downtown and Central Santa Ana A sales surplus represents a situation in which the retail establishments in the studied area sell more goods and services than total demand for such goods and services from households located in the same area. A sales gap represents a situation in which the retail establishments in the studied area sell fewer goods and services than the demand for such goods and services from households in the market area. BY TYPE OF MERCHANDISE Consumer Expenditures of Residents (1014 est) Retail Sales (2014 est) Surplus Sales/ (Gap) 0.5 mile Downtown /Civic Center Santa Ana Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,730360 Wellness - related Retail (in(ludes allocations from General Merchandise Stores -NAICS 452) $65,246,304 $131,199,501 $ 66,953,197 Groceries $31,998,433 $52,173,452 $20,175,019 Meals and Snacks $14,212,824 $38,994,052 $24,781,228 Health and Personal Care Goods $13,081,239 $ 30,618,854 $11,597,615 Sporting & Hobby Goods, Musical Instruments, Stereo Equipment, Photographic Equipment & Supplies ,and Books $5,953,808 $10,353,143 $4,399,335 2.0 mile Central Santa Ana (17 census tracts) Total Retail Sales, including Eating and Drinking Places $1,908,171,820 $ 2,416,734,566 $508,562,746 Wellness - related Retail (includes allocations from General Merchandise Stores-NAICS 452) $793,193,988 $1,014,891,698 $221,697,710 Groceries $376,088,359 $354,806,001 - $21,282,358 Meals and Snacks $169,316,224 $176,355,230 $7,039,006 Health and Personal Care Goods $169,756,063 $376,116,254 $ 206,3600 Sporting & Hobby Goods, Musical Instruments, Stereo Equipment, Photographic Equipment & Supplies, and Books $78,033,342 $101,614,213 $29,580,871 The \(\t Practice WS—A_ Ufa /lt#Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Table 4 and Table 5 summarize the downtown sales surplus (or gap) in the Wellness Goods and Food Services category by type of business establishment (by NAICS code), for both the core downtown/civic center area and for the extended downtown/civic center area. TABLE 4. Core Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply t for 0.5 Mile Radius (Mortimer St. to Ross St., 8Th St. to Walnut St.) BY TYPE OF BUSINESS ESTABLISHMENT Consumer Expenditures (2014 est) Retail Sales (2014 est) Surplus Sales/ (fap) Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,730,360 Total Sales by Wellness Goods & Food Services Establishments (excluding Wellness goods sold at General Merchandise Stores -452) $ 43,071,75Z $ 88,181,224 $ 45,109,472 Food & Beverage Stores-445 (excl Beer, Wine &Liquor Stores) $16,868,063 $29,470,699 $12,602,636 Grocery Stores -4451 $14,937,319 $28,780,443 $13,843,124 Supermarkets, excluding Convenience Groceries -44511 $14,031,652 $28,539,385 $14,501,733 Convenience Stares -44512 $899,667 $241,058 $- 658,609 Specialty Food Stores -4452 $1,930,744 $690,256 $- 1,240,488 Pharmacy, Health & Personal Care Stores -446 $ 7,339,766 $12,627,959 $ 5,288,193 Sporting Goods, Hobby Book, Must(Stores -451 $ 3,179,957 $ 2,691,950 Sport Goods, Hobby, Musical lnstStores -4511 $2,812,909 $1,455,132 Book, Periodical & Music Stores-4512 $361,048 $1,236,817 $869,769 Restaurants & Foodservices-722 rev (excl Drinking Places) $15,683,966 $43,390,616 $27,706,650 Full Service Restaurants -7221 $7,272,110 $16,680,883 $9,408,773 Limited Service Eating Places -7222 $ 6,643,889 $19,276,409 $12,632,520 Special Foodservices -7223 $1,761,967 $ 7,433,324 $ 5,565,357 Sales by other types of retail establishments Non- StoreRetallers-454 12,321,503 44896,990 30,575,487 , Data for downtown resident consumer demand and retail sales were generated using the Nielsen Claritas Retail Market Power model, projections for 2014. The Practice WS—A-13 Ana Wei Iness District: A study of demand and supply for wel I ness goods and services ATTACHMENT TABLE 5. Extended Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply' for 1.0 Mile Radius (Garfield St. to Flower St., Washington St. to Camile St.) BY TYPE OF BUSINESS ESTABLISHMENT Consume, Expenditures (2014 est) Retail Sales (2014 est) Surplus/ (Gap) Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,730,360 Total Sales by Wellness Goods& Food Services Establishments ( excluding Wellness goods sold atGeneral Merchandise Stores -452) $168,101,797 $164,019,143 $- 4,082,654 Food & Beverage Stores -445 (excl Beer, Wine & Liquor Stores) $ 66,064,850 $ 61,385,136 $- 4,619,714 Grocery Stores -4451 $58,496,219 $60,170,444 $1,674,225 Supermarkets, excluding ConvenienceGfoceries -44511 $55,008,294 $58,203,751 $3,195,457 Convenience Stores -44512 $3,487,925 $1,966,692 $- 1,521,233 Specialty Food Stores -4452 $1,568,632 $1,214,693 $ - 6,353,939 Pharmacy, Health & Personal (are Stores-446 $28,906,773 $25,896,099 $- 3,010,674 Sporting Goods, Hobby Book, Music Stores -451 $12,971,175 $ 4,861,599 $ - 8,109,576 Sport Goods, Hobby, Musical lnstStores -4511 $11,508,201 $3,024,781 $- 8,483,420 Book, Periodical & Music Stores 4512 $1,462,973 $1,836,818 $ 373,845 Restaurants & Foodservices- 722 rev (exclDrinking Places) $60,158,999 $71,876,309 $11,717,310 Full Service Restaurants -1221 $ 27,811,363 $ 35,123,448 $ 7,252,085 Limited Service Eating Places -7722 $25,496,208 $29,189,386 $3,693,178 Special Foodservices -7223 $ 6,791,428 $ 7,433,324 $ 641,896 Sales by other types of retail establishments Non -Store Retailers -454 491 145,554559 96,305,612 ' Data for downtown resident consumer demand and retail sales were generated using the Nielsen Claritas Retail Market Power model, projections for 2014. '1__1 The \ , Practice WS -A -1S r* Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT KEY FINDING #2 (Level 1 Analysis) Non -Store Retailers (NAICS 454) are a critical contributor to the generation of the downtown sales surplus. As indicated in Table 4 and Table 5 above, Non -Store Retailers are the largest sector contributing to the downtown sales surplus, in both a 0.5 mile and 1.0 mile radius downtown market areas. Non - Store Retailers are enterprises that retail merchandise through door -to -door solicitation, in -home demonstration, selling from portable stalls (e.g., street vendors, except food), the broadcasting of infomercials, the broadcasting and publishing of direct- response advertising, and the publishing of paper and electronic catalogs. Non -Store Retailers account for 16% of all merchandise sales in the 0.5 mile radius core downtown area, and for 27% of the total sales surplus in this market area. Non -Store Retailers account for a noteworthy 57% of all merchandise sales in the extended (1.0 mile radius) downtown area, and for 85% of the total sales surplus in this extended downtown area. However, as noted, in the 1.0 mile radius market area, there is not a sales surplus of Wellness Goods and Food Services. The TNP study did not permit a detailed breakdown of sales by type of merchandise sold by Non -Store Retailers. However, it is clear that consumers and institutional buyers in the downtown area are very comfortable making purchases from Non -Store Retailers. Therefore, in developing a Wellness District strategy it will be important to: Consider how local fixed store establishments could more effectively capture the purchases made via online and catalogue retailers. Consider how non -store channels can be used to provide part of the overall'wellness' offer in the downtown area, specifically through the further development of indigenous forms of non -store retailing (e.g., food vendors); and how such a sector can better contribute via fees or tax collections to municipal investments and services in support of the Non -Store enterprise sector. The Practice WS-A-16 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT KEY FINDING #3 (Level 2 Analysis) A very substantial pool of household effective buying income (EBI)l is available to support a strategy for developing downtown Santa Ana as a wellness district with a distinctive Latino cultural and household living focus. Having established that downtown Santa Ana already exhibits a retail niche function in the Wellness Goods and Food Services category, it is possible to consider targets and scenarios for further increasing the sale of Wellness Goods and Services in downtown Santa Ana. Scenarios for increased sales are based on an analysis of the Effective Buying Income (EBI) and of the household expenditure patterns in each of five studied downtown consumer segments. The characteristics of these segments are summarized in Table 2. TNP's definition of EBI is more conservative than that used in other studies, including by Nielsen and Social Compact, which define EBI as after -tax income. TNP's estimation of EBI is gross household income minus taxes and housing costs, including utilities costs. Having established the median EBI for households in each of the five consumer segments, U.S. Bureau of Labor Statistics Consumer Expenditure Data is then used to determine the allocation of EBI to Wellness Goods and Services by households in each segment. the preparation of a strategy for downtown Santa Ana also requires estimation of the current and possible future geographic distribution of each segment's purchases between downtown Santa Ana business establishments and businesses located in other areas. The TNP scenarios applied standard retail analysis principles about shopping catchment areas. These principles include the following: All things being equal, business establishments secure a higher percentage of purchases from proximate households than from households in more distant places. • Business establishments can secure a higher percentage of purchases from households that have lower travel time to the relevant market area than from households with a greater travel time to the relevant market area. • Business establishments can secure a higher percentage of purchases from households that have fewer proximate retail/commercial areas in which to choose to shop than from households that have a greater number of proximate retail/commercial areas in which to shop. • Business establishments can secure a greater range and higher percentage of purchases from households that spend more time in the relevant market area than from households that spend less time in the market area. The above principles suggest that residents of downtown and central Santa Ana would more reliably allocate a higher percentage of their Wellness purchases to downtown establishments than non - residents and visitors. Non - residents and visitors would allocate a greater percentage of their purchases to commercial areas located near to their homes and/or along their commuting routes. ''Ihe conventional measure of Effective Buying Income (EBI) is after tax household income. For purposes of this study, EBI is calculated as household income net of both of taxes, housing costs, home utilities and heating fuel.'Ihe amount of available EBI estimated in this study is therefore considerably lower and more conservative than typical studies of purchasing power or effective demand. The \,L-\t — ra a WS—A-16 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT On this basis, the Next Practice considered a variety of scenarios for increasing downtown purchases. The scenarios evaluated the impact upon total downtown sales of different increases in the expenditures made by each segment in the downtown area for their Wellness Goods and Services. Table 6 presents the estimated current allocation of Wellness Goods and Services expenditures to downtown establishments, which serves as the baseline for each of the three scenarios. TABLE 6. Estimated Current Expenditures for'Wellness' Goods and Services (Baseline) per Annum, by Consumer Segment The '\t t t Pract i<(, WS-A-17' Ana Wellness District: A study of demand and supply for wellness goods and services TOTAL A. Traditional B. Traditional C. Weekday Downtown D. Weeknight/ Weekend E. New Downtown Settler All Consumer Central S.A. Central S.A. Commuter Destination Visitors Segments Renter Homeowner Estimated# of Households Shopping in (ore 27,B43 resident 13,651 resident 25,000 commuters 75,000 visitors who 310 resident households Downtown Santa Ana` households households to downtown jobs make 3 visits per annum (representing 25,000 (representing 75,000 households) households) Nielsen Company estimate of tore $132,916,143 Downtown Wellness Goods &Food Services purchases (2014 esl) " "" TNP estimate of current (ore downtown $132,428,345 $92,013,219 $37,071,246 $32,444,443 $6,719,877 $1,042,067 Wellness Goods & Food Services Purchases, by segment" Estimated percentage of Wellness Goods 26% 26% 6% 1% 36% & Food Services expenditures to core downtown Santa Ana establishments TNP estimate of Other Wellness Services $35,891,616 7,431,361 $18,445,117 $9,854,457 - $160,682 Purchases in the core downtown, bysegment "" Estimated percentage of Other Wellness 15% 15% 5% 0% 17% Services expenditures to core downtown Santa Ana es" D"ments n preparing these estimates the term 'core downtown' was defined as the households and establishments within a 0.5 radius of the intersection of E. 4th Street and Main Street. "` Based upon data from the A( S- American( ommunitySurvey( U. S.0 ensus) andU. S. BureauofLaborStatistics. SeeAppendixBforafullerdesriptionofinethodologyused. " " "NielsenRMP Retail Opportunity Gap report on consumer demand and retail sales within the above downtown radius. Nielsen estimates do not include sales of educational services, childcare, health care services, and other social services. The '\t t t Pract i<(, WS-A-17' Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Three different scenarios for increasing the portion of Wellness Goods and Services purchased in the core downtown are summarized below. An overview of these three scenarios and of the differences between them is provided in Table 7. TABLE 7. Overview of Presented Consumer Scenarios for Core Downtown 'Wellness District' Development SCENARIO Estimated %change (from baseline) in downtown Scenario change in number of segment Estimated total change (from 2014 baseline) Wellness Goods &Services sales customers for downtown establishments In downtown Wellness Goods and Services expenditures, all segments Segment Change in downtown purchases The Lathm Downtown Central Homeowners 53% Number of customers from all segments held $132 million Revival Scenario constant Central Renters +53% New Downtown Settlers* +31% Weekday Commuters ** +155% Weeknight/Weekend* *Visitors +265 °% The Santa Ana Downtown Central Homeowners 0 °% Tripling of Weeknight/Weekend Visitors (from -$93 million Tourism Scenario 225,000 visits to 615,000 visits per annum). Number of other segments held constant Central Renters 0% New Downtown Settlers 0% Weekday Commuters 0% Weeknight/Weekend Visitors 955% The Post-Lathm Downtown Central Homeowners -31 °% Tripling of Weeknight/Weekend Visitors (from 4100 million Scenario 225,000 visits to 615,000 visits per annum) and of New Downtown Settlers (from 310 to 930 house - holds). Number of other segments held constant Central Renters New Downtown Settlers -31 °% +311% Weekday Commuters +155% Weeknight /Weekend Visitors +995% The estimated increase In downtown purchases by the New Downtown Settlers Is low because the baseline already estimates that this segment spends 45% of its Wellness Goods and Services 'budget' in the downtown. Therefore substantially increased downtown expenditures by this segment only arise when the number of households /customers in the segment Is Increased, as In the Post - Latino Downtown scenario. * *The estimated percentage increase in downtown expenditures by these segments is large because the baseline estimate is that the allocation of commuters' and visitors' Wellness Goods and Servlces'budget'to the downtown Is currently low, given all of the shopping and services outlet options that are more proximate to their places of residence. The Next Practice WS _A_ laa Ana Wellness District: A study of demand and supply forwellness goods and services ATTACHMENT The Latino Downtown Revival Scenario This scenario is called the Latino Downtown Revival Scenario because it focuses primarily on better servicing the needs of traditional central Santa Ana residents and on investing in their traditional types of local business establishments, while also using the additional purchasing power of commuters, visitors, and the new downtown residential demographics to support revived and updated forms of Latino small business (e.g., cuisine; a mereadito, street vendors) and Latino cultural expression (e.g., music, dance). Of the scenarios presented here, the Latino Downtown Revival scenario takes the greatest `something for everyone' approach to downtown renewal. This scenario is presented in Table 8A and Table 8B. Under the Latino Downtown Revival scenario, the potential for increased Wellness Goods and Services sales in the downtown area is estimated to be as much as or more than $137 million in new sales per annum. Together, the households in the five considered consumer segments make only 7% of their total household Wellness Goods and Services purchases in the downtown area. Increasing downtown sales to these five segments by $137 million could be achieved by increasing the downtown market share of their Wellness Goods & Services purchases from 7% to 13%. We estimate that the most accessible, certain, and cost - effective way to achieve such an increase is to further develop Wellness retail and services tailored to the two traditional central Santa Ana resident segments (i.e., home owners and renters), increasing their allocation of expenditures to downtown establishments from the current 26% of their household Wellness Goods and Services purchases to 39% of their purchases in this category. The full-time residential proximity of these two segments to the downtown,and the lack of competing food store alternatives within a 2.0 mile radius, locates these households within a conventional primary retail catchment for the downtown. Tables 8A and 8B illustrate the changes in allocation of Wellness Goods and Services expenditures by all segments that could increase downtown sales by $137 million /year. The scenario also involves significant percentage increases in the downtown expenditures by the other three consumer segments (i.e., weekday commuters, new downtown settlers, weekend visitors). The Latino Downtown Revival scenario holds the number of households (including visitors) in all five segments constant, although these numbers may also be increased through affordable housing development, cultural programming, tourism promotion and other measures. The marginal increase in the dollar amount of each household's downtown expenditures to achieve the Latino Downtown Revival scenario target is also presented in these tables. TNP views such a shift in the allocation of household expenditures to downtown establishments to be reasonable and achievable. As noted, multiple alternative scenarios were also considered. Among these were a downtown tourism scenario and a scenario focused on a re- purposing the the downtown for non - traditional resident and visitor segments. The Next Practice WS _A_ lag Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Table 8A and 811: Latino Downtown Revival scenario for increased core downtown expenditures for `Wellness' goods and services, per annum, by consumer segment. TABLE 8A. Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler Consumer Segment Traditional Central S.A. Renter Traditional Central Homeowner New Downtown Settler 25,000 Downtown area employees 27,643 resident households 13,651 resident households 310 resident households Estimated 4 of Segment Households Estimated %of Scenario % Estimated Estimated %of Scenario % Estimated Estimated %of Scenario % Estimated 1% purchases cur- of purchases annual purchases cur of purchases annual purchases cur- of purchases annual 10% rently made made in increase rently made made in increase rently made made in increase 1% in downtown downtown downtown in downtown downtown downtown in downtown downtown downtown Healthcare and Social Services Santa Ana Santa Ana purchases Santa Ana Santa Ana purchases Santa Ana Santa Ana purchases 2% $67 (scenario) $59 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT (UNDER THE 80% INCREASE SCENARIO) (scenario) $1,739 (scenario) Health& Personal Care Stores 35% 45% $57 35% 45% $47 40% 60% $86 Food and Beverage Stores 50 °% 65% $ 599 50% 65% $ 493 65% 80% $ 485 Food Services (excluding alcohol) 15% 25 °% $138 15% 25% $114 30% 40 °% $110 Sporting& Hobby Goods, Musical 10% 20% $236 10% 20% $194 15% 20% $79 Instruments, Books /Periodicals & Recreation Educational Services & Childcare 15% 25% $171 15% 25% $141 20% 30% $112 Healthcare and Social Services 15% 30 °% $ 405 15% 30% $ 333 15% 30% $ 294 Reallocation of part of Other 0% 590 $140 0% $115 5% $76 Discretionary Spending to additional Wellness purchases Per HOUSEHOLD ANNUAL INCREASE IN $1,746 $1,437 $1,242 DOWNTOWN PURCHASES AMOUNT (UNDER THE 80% INCREASE SCENARIO) TABLE 8B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor Consumer Segment Weekday Downtown Commuter Weeknight /Weekend Destination Visitor Estimated If of Segment Households 25,000 Downtown area employees 75,000 (a person who visits at least three times per annum- 225,000 visits per year) Estimated% of purchases currently made in downtown Santa Ana Scenario %of purchases made in downtown Santa Ana Estimated annual increases downtown purchases (scenario) Estimated% of purchases currently made in downtown Santa Ana Scenario %of purchases made in downtown Santa Ana Estimated annual increase downtown purchases (s(enario) Health & Personal Care Stores 5% 10% $ 42 0% 1% $ 7 Food and Beverage Stores 5% 10% $ 235 0% 0 °% $ 0 Food Services (excluding alcohol) 10% 20% $ 202 4% 10% $ 89 Sporting & Hobby Goods, Musical Instruments, Books /Periodicals & Recreation 5% 10% $208 1% 3% $73 Educational Services & Childcare 1 5% 15% $394 0% 3% $104 Healthcare and Social Services 5% 20% $ 591 0% 0% $ 0 Reallocation of part of Other Discretionary Spending to additional Wellness purchases 2% $67 2% $59 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT (UNDER THE 80% INCREASE SCENARIO) $1,739 $332 �1 The ° t Practice WS—A-20 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT The Downtown Tourism Scenario In this scenario the number of weeknight /weekend visitors was increased threefold, to 225,000 visitors making at least three visits each per annum (or to a total of 675,000 visits per annum). The downtown expenditure allocation of these visiting households is also increased as in the above Latino Downtown Revival scenario. The downtown expenditures of the four other segments are held at the current baseline levels. Under such a scenario, downtown Wellness Goods and Food Services sales could be increased by $70 million and Other Wellness Services sales by $23 million, resulting in a total potential increase in purchases of $93 million per annum. Such an increase (which is $44 million less than the Latino Downtown Revival scenario) would likely require substantial further conversion of downtown properties to service the non - resident demographic, as well as considerable development of downtown festivals and events programming and marketing to achieve and sustain such visitor numbers. The prospect of downtown expenditure declines by central Santa Ana residents would need to be considered under this scenario; such declines have not been factored in the above figures. The Post - Latino Downtown Scenario If the expenditures of non - resident segments were substantially increased through a tripling of downtown visitors and also a tripling of new downtown settlers, and through the associated re- purposing of downtown properties for visitors and commuters, then an estimated $100 million in increased Wellness Goods and Services purchases could be achievable (consistent with the assumptions and principles applied in the other above scenarios). Such a scenario has to consider the displacement of existing downtown expenditures by traditional central Santa Ana residents, due to the displacement of their retailers and service providers. For this scenario, we apply a 31% decrease in downtown Wellness Goods and Services expenditures by traditional central Santa Ana residents. However, we estimated a smaller decrease in downtown Food and Beverage Stores purchases by these traditional Santa Ana residents of only 25 %, given the proximity of rood4Less and Northgate in particular. (Even under current conditions, our qualitative research identified instances of central Santa Ana residents shifting their food shopping to superstores such as Costco. The loss of resident identification with the downtown could instigate a further trend towards shopping from large format retail chains and discounters. That being said, the low car ownership of central residents would support continued downtown food shopping by this segment.) Under this scenario, the amount of household Wellness Goods and Services purchases made downtown by central Santa Ana residents would decline from 32% to 23% of their total household purchases in this category. The biggest negative dollar -of -sales impact would be on Groceries, which is the segments' largest category of Wellness Goods purchases. There would be a loss in an estimated $12 million in sales in this category. It is not expected that Weeknight/Weekend Visitors would do grocery shopping downtown, and the estimated increase in the number of New Downtown Settler households purchasing groceries in the downtown area would not replace the reduced sales to central Santa Ana residents. The Post - Latino Downtown scenario would leave unaddressed the substantial, underserved demand for Wellness Goods and Services by central Santa Ana households. This demand would need to be addressed in other convenient Santa Ana commercial locations. The details of the Post - Latino Downtown scenario are presented in Table 9A and Table 913. `nie axtPractice WS—A-21, Ana Wel I ness District A study of demand and supply for wel In ess goods and services ATTACHMENT Table 9A and 911: Post - Latino Downtown scenario for increased core downtown expenditures for `Wellness' goods and services, per annum, by consumer segment. TABLE 9A. The Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler Consumer Segment Traditional Central S.A. Renter Traditional Central Homeowner New Downtown Settler Estimated# of Segment Households 21,843 resident households 13,651 resident households 930 resident households This scenario assumes an increase in the New Downtown Settler and Weeknight/Weekend Visitor segment households as well as increase in per household downtown expenditures. Estimated% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown Estimated% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown Estimated% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown purchases (scenario) purchases (scenario) purchases (scenario) Health & Personal Care Stores 35% 21% -$80 35% 21% -$ 66 40% 60% $86 Food and Beverage Stores 50% 30% -$500 50% 30% $ 410 65% 80% $ 485 Food Services (excluding alcohol) 15% 9% -$83 15% 9% -$68 30% 40% $110 Sporting & Hobby Goods, Musical Instruments, Books/ Periodicals & Recreation 10% 6% -$94 10% 6% -$78 15% 20% $ 79 Educational Services & Childcare 15% 9% -$103 15% 9% -$85 20% 30% $112 Healthcare and Social Services 15% 9% -$162 15% 9% -$133 15% 30% $294 Reallocation of part of Other Discretionary Spending to additional Wellness purchases 5% 0% $ 0 0% 0 °% $ 0 Healthcare and Social Services 5% $ 76 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT O% 0% - $1,022 -$840 $1,242 TABLE 9B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor Consumer Segment Weekday Downtown Commuter Weeknight /Weekend Destination Visitor Estimated If of Segment Households 25,000 225,000 Downtown area employees (a person who visits at least three times per annum - 615,000 visits per year) This scenario assumes an increase in the New Downtown Settler Estimated% Scenario %of Estimated Estimated% Scenario %of Estimated and Weeknight/Weekend Visitorsegment households as wellas of purchases purchases made in annual increases of purchases purchases made in annual increase an increase in per household downtown expenditures. currently made in downtown Santa downtown currently made in downtown Santa downtown downtown Santa Ana purchases downtown Santa Ana purchases Ana (scenario) Ana (scenario) Health & Personal fare Stores 5 °% 10% $ 42 0% 1% $ 7 Food and Beverage Stores 5% 10% $ 235 0% 0% $ 0 Food Services (excluding alcohol) 10% 20% $ 202 4% 10% $ 89 Sporting & Hobby Goods, Musical Instruments, Books /Periodicals 5% 10% $ 208 1% 3% $ 73 & Recreation Educational Services & Childcare 5% 15% $394 0% 3% $104 Healthcare and Social Services 5% 20 °% $ 591 O% 0% $ 0 Reallocation of part of Other Discretionary Spending to additional 2% $67 2% $59 Wellness purchases Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES $1,739 $332 AMOUNT (UNDER THE 80% INCREASE SCENARIO) The \ t.\ t Practice WS-A-22 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Conclusions from the Quantitative Research The purpose of a study of this nature is to identify the variety of market- viable economic development scenarios for a downtown or other district, such as Santa Ana's historic downtown.The study identifies the breadth of available market opportunities, and the trade -offs and choices available to policy makers, local businesses and their associations, investors, and the public in considering the pursuit different strategies. Towards this end, the study constructed and used a scenario model to estimate current and future Wellness Goods and Services purchases in downtown Santa Ana by five different consumer segments. The model was used to estimate possible increases in Wellness Goods and Services sales in the downtown, based upon estimated changes in the number of customers /households from each segment and upon the allocation of their Wellness - related expenditures to downtown business establishments. Each scenario highlights different directions and priorities for downtown renewal and marketing. Under all the reasonable scenarios considered, two segments consistently demonstrated the potential to significantly impact total downtown Wellness Goods and Services sales. These segments are the traditional central Santa Ana homeowners and tenants. Although these two segments have lower Effective Buying Income (EBI) than the non- resident segments, they are more proximate, have lower travel times, and spend more time in or adjacent to downtown than the weekday commuters and weeknight/weekend visitors. As well, they have fewer alternative retail market areas than the non- resident commuters and visitors, especially considering their lower levels of car ownership. In contrast, the non - resident segments can efficiently access a wider range of retail locations. Given their limited times of the week and of the day in downtown Santa Ana, the weekday commuters and the weeknight/ weekend visitors are also expected to do a narrower range of their retail shopping activities in downtown Santa Ana than the segments for whom the downtown has traditionally been a primary shopping area. Our conclusion is that the most immediately viable opportunity for increasing downtown Wellness Goods and Services sales, which also offers the greatest potential increase in downtown sales, is to improve and multiply the Wellness retail and services offerings for the residents of central Santa Ana. Such a strategy for downtown economic development could also directly address two additional priorities: • Addressing the wellness and health needs of central Santa Ana residents, as a social policy and community development priority Preserving and improving the downtown as a distinctive shopping, recreational and touristic destination for downtown commuters and for weeknight and weekend visitors from Orange County and beyond, in particular by preserving and accentuating the cultural distinctiveness and authenticity of the historic downtown relative to competing downtown retail/commercial centers in Orange County. The `: i Practice WS—A -2jl Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT TABLE 12. Consumer Expenditures and Retail Sales per Gross Leasable Commercial Floor Area (Gla) City of Santa Ana (2012 CA Taxable Sales) 3,981,568 $ 2,518,026,000 $ 631 $ 676,714,000 $170 Under any scenario, the contributions of both fixed location retailers and of Non -Store Retailers should be considered, recognizing the substantial market share of Non -Store Retailers in downtown and central Santa Ana. Specifically, the promotion of food vendors, pop -up markets, mercaditos, and other kinds of vendors could be examined as a way to rapidly augment existing offerings in the downtown, while supporting local livelihoods. A growing number of U.S. cities have demonstrated effective Non -Store Retail strategies and policies, including the establishment of licensing and fees regimes, resulting in a substantial contribution of the Non -Store sector to downtown area market awareness, retail foot traffic, and sales. Public policy makers substantially shape market opportunities through the use of regulations, taxation and special assessments, public finance, public investments in infrastructure, streetscapes, facilities and services; through the disposition of public lands, public and quasi - public development agencies and utilities, and public marketing and communications. Private property developers and investors substantially influence market opportunities through their choices between alternative business models (e.g., build -sell; build -hold- manage) and building types. In an economically vibrant region like southern California there is no single `market' or market opportunity. Market opportunities are crafted through coordinated government, civic, and private sector choices to pursue a common market opportunity. The preparation of development scenarios, as in this study, highlights the pros, cons, and challenges of different choices. The City of Santa Ana has in the past applied a number of public sector instruments to shape the market for downtown investment and re- development. It is noteworthy however that, unlike many lower income districts in California and beyond, there is no community development corporation in Santa Ana to work with local government, local retailers and residents, the real estate and construction sector, and investors to implement strategic development projects geared towards the established residential population of central Santa Ana. Pending the establishment of such an institutional capacity, the Santa Ana Building Healthy Communities initiative has developed concepts for some smaller commercial and property- related projects that would begin to address Wellness priorities of local residents. These concepts are presented below in Appendix A. TheINoxtpractice WS—A _24Ana Wellness District A study ofdemand and supply for wellness goods and services Core Downtown Central Santa Ana Central City of Orange county Santa Ana (Nielsen 2.0 ml Orange (Nielsen (Nielsen 12.0 mi (Nielsen 0.5.mi radius) 2,Cmi radius) radius) radius) GROSS LEASEABLE COMMERCIAL FLOOR AREA (GLA) 74,510 2,198,185 1,596,664 44,218,780 RETAIL MERCHANDISE SALES 2014 Downtown Sales (2014 $259,568,521 $2,416,734,566 $1,822,013,917 $40,081,919,435 (Ind Eating and Drinking Places) est) Sales /GLA $3,484 $1,099 $1,141 $906 WELLNESS MERCHANDISE RETAIL Downtown Sales (2014 est) $132,199,501 $1,014,891,698 $727,194,364 $16,269,652,461 Sales /GLA $1,114 $462 $455 $368 City of Santa Ana (2012 CA Taxable Sales) 3,981,568 $ 2,518,026,000 $ 631 $ 676,714,000 $170 Under any scenario, the contributions of both fixed location retailers and of Non -Store Retailers should be considered, recognizing the substantial market share of Non -Store Retailers in downtown and central Santa Ana. Specifically, the promotion of food vendors, pop -up markets, mercaditos, and other kinds of vendors could be examined as a way to rapidly augment existing offerings in the downtown, while supporting local livelihoods. A growing number of U.S. cities have demonstrated effective Non -Store Retail strategies and policies, including the establishment of licensing and fees regimes, resulting in a substantial contribution of the Non -Store sector to downtown area market awareness, retail foot traffic, and sales. Public policy makers substantially shape market opportunities through the use of regulations, taxation and special assessments, public finance, public investments in infrastructure, streetscapes, facilities and services; through the disposition of public lands, public and quasi - public development agencies and utilities, and public marketing and communications. Private property developers and investors substantially influence market opportunities through their choices between alternative business models (e.g., build -sell; build -hold- manage) and building types. In an economically vibrant region like southern California there is no single `market' or market opportunity. Market opportunities are crafted through coordinated government, civic, and private sector choices to pursue a common market opportunity. The preparation of development scenarios, as in this study, highlights the pros, cons, and challenges of different choices. The City of Santa Ana has in the past applied a number of public sector instruments to shape the market for downtown investment and re- development. It is noteworthy however that, unlike many lower income districts in California and beyond, there is no community development corporation in Santa Ana to work with local government, local retailers and residents, the real estate and construction sector, and investors to implement strategic development projects geared towards the established residential population of central Santa Ana. Pending the establishment of such an institutional capacity, the Santa Ana Building Healthy Communities initiative has developed concepts for some smaller commercial and property- related projects that would begin to address Wellness priorities of local residents. These concepts are presented below in Appendix A. TheINoxtpractice WS—A _24Ana Wellness District A study ofdemand and supply for wellness goods and services ATTACHMENT 05. Level 3 Analysis: Qualitative Consumer Research 'The study's quantitative research indicated that the most viable opportunity for Santa Ana to increase downtown sales of Wellness Goods and Services is to improve the available offerings for Central Santa Ana residents. For this reason, qualitative research was conducted to gather insights regarding the lifestyles, needs and interests of the two primary Central Santa Ana consumer segments analyzed in the quantitative study and scenarios, Central homeowners and renters. Such in -depth and in- detail insights can be used in developing specific strategies and offerings to make downtown Santa Ana a more attractive shopping, services, and recreational destination for these segments. In specific, SABHC was interested to learn how the establishment of one or more Wellness- oriented retail - service hubs in the downtown area could be best designed for these segments. 'Ihe qualitative data was collected by MASData, with support and analysis by The Next Practice. The qualitative research consisted of two components: 1. In -depth interviews with 40 residents from the 92701 zip code in Santa Ana. The interviews were selected according to age, race and documentation status, and categorized as older youth (18 -25), younger adults (26 -40), older adults (40 -65), and seniors (65 +); documented or not documented; and Latino /Hispanic, white or other. All interviewees were residents earning less than $50,000 per year (i.e., the area's median household income). All were renters or homeowners in central Santa Central area. 2. The data collected from the interviews were then entered into The Next Practice's User Optimization Tool, an excel -based software program used to identify and analyze patterns, preferences, needs and values from the in -depth interview data. Preliminary findings from the qualitative interviews and User Optimization Tool were presented at two stakeholder workshops held in Santa Ana on June 19th and 21st, 2014. These workshops supported the use of the quantitative and qualitative research findings in the conception of Wellness District projects by local residents, City staff and members of community organizations. Workshop participants were given the chance to confirm and critique the analysis, and to discuss other segments that had not been explored in the qualitative research, specifically resident children (0 -12); younger youth (13 -17); weekend visitors; and downtown commuters. The presentation of the preliminary findings allowed the researchers to gather feedback from local residents, City staff and members of community organizations regarding the proposed insights. The participant list for the workshops can be found in Appendix C. The following is a summary of the qualitative consumer /user information gathered from the use of the User Optimization Tool. The detailed qualitative findings are available for use by stakeholders in specific to `hub' or other facilities or retail - commercial development projects. The t Practice WS—A -25 Ana Well ness District: A study of demand and supply for wellness goods and services ATTACHMENT Conclusions from the Qualitative Consumer Research Central Santa Ana residents place high priority, and maintain a strong sense of responsibility, regarding time with family. Meals, eating out at restaurants, commuting to school and shopping were often described as times to spend with family. Workshop participants stressed the importance of having intergenerational activities in future downtown wellness services as a way to reflect and support these values and lifestyle patterns. Given the unique preferences and sensitivities of each age group, activities should also be scheduled with particular attention to the varying needs of each group's activities, including not only facilities, but also issues of noise, pedestrian safety, toilet access etc. Affordability and proximity were often cited as desirable qualities for choosing a restaurant. Many respondents placed a primary emphasis on affordability and low priced food options when both shopping and eating out. Interviews tended to spend less than $20 per individual on dinner meals, and less than $12 on lunchtime meals. A few respondents indicated that they prefer to frequent locally owned restaurants and cafes. Walkability to restaurants was greatly appreciated and considered an enjoyable and integrated part of a shopping or dining experience for both pleasure and health reasons. Eating at restaurants was most commonly done with family, followed by friends. One interviewee felt that there were not enough family restaurants in the city. Safety is a key issue for local residents. Interviewees expressed considerable concern over safety, particularly in the context of transportation and walking. Several interviewees described the drunken people outside of bars and homeless individuals in parks as reducing their sense of safety while walking. Some participants also expressed concern for a loss of safety caused by new types of establishments in Santa Ana. Several others suggested that they perceive Santa Ana as not having a reputation for being safe by those living outside city, which impacts those who are entering the downtown. Exercise and physical activity is a part of the life for many residents, and often done as part of a daily routine, with friends in parks, or at community centers or gyms. Physical fitness was considered a positive outlet, "a way to feel good ", "to be healthy', "relieve stress" or "have fun ". Interviewees were frustrated when parks or fitness facilities were not clean or well maintained or when the parks were used as a gathering place for homeless individuals or drug users. Youth primarily engaged in exercise at the gym or in parks. Adults were more likely to walk or bike as part of a commute to shopping outlets or for short errands; to attend exercise classes at the Latino Health Access (LHA); or to participate in outdoor sports activities. Seniors primarily do recreation and fitness activities at the Seniors Center or go for walks in their neighborhood or while on short errands. Most exercise activities are not associated with significant expenditure, except for gym memberships or yoga classes. Physical activity was often associated with food purchases. Seniors that visited the Seniors Center for extended daytime hours sometimes purchased lunchtime meals. Adults that exercise in the morning sometimes follow their activity with a purchased smoothie or coffee. 'Ihe user groups schedule their wellness activities at different periods within their dailywork, shopping, and familyroutines.'Ihe qualitative research revealed that adults and youth primarily engage in wellness activities in the morning or after work or school, while seniors tend to do so in the morning and daytime. Evenings and weekends are popular times for families to be together; to complete errands and grocery shopping; and to partake in fitness and recreational activities. Considering local behaviors in conjunction with existing community spaces, can prevent redundancies and make the best use of limited resources. The . t t Practice WS—A-26 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Many of the residents in Santa Ana commute by car and find traffic to be frustrating. While some would like to commute by walking or biking, they do not feel that there are safe options available. Several interviewees indicated that particular intersections are dangerous. Those walking or biking will often use side streets to avoid the traffic of main streets. Overall, however, walking was considered a relaxing activity, whether alone or as a way to spend time with family. Santa Ana residents want to buy affordable, high quality, healthy, nutritious and traditional (culturally relevant) foods at their local grocery store -or market. Affordability was a very important consideration for food purchases: some respondents described a sense of pride in being able to get good value for the food that they buy. They also enjoy the convenience of purchasing all of their needed items in a single place. Proximity was mentioned as a key factor in choosing which store to use. Interviewees primarily use Northgate and Food4Less, while Superior Foods was suggested as a good place for buying traditional foods. The local Farmers' Market was said to be too expensive for many Santa Ana residents. Grocery shopping is most commonly done in the evening after work, on the way home, or during the weekend. For some residents, it is a social experience, a time to be with family and get the things that they need for their home, providing them with a sense of service and accomplishment after completing family responsibilities. The Nmi practice WS _A_27a Ana Wellness Diistriet: A study of demand and supply for wellness goods and servires ATTACHMENT Summary of Further Inputs from Workshop Participants Workshop participants used their own experiences and perspectives to expand on the insights gathered from the qualitative research. The following is a recount of their feedback. Older youth aged 18 -25 are seeking employment to finance themselves and often their families as well. They value time to be social and hang out with friends. Many are still enrolled in school and seek guidance on the decisions that will impact their lives. Without proper entertainment options — they may choose dangerous alternatives, like "ditch parties. "This demographic would benefit from employment opportunities, business training, classes to pursue hobbies and interests, and positive spaces for social engagement as part of an ideal wellness service /center. Weekday morning activities include commuting to work or school, eating at nearby coffee shops or restaurants, or grocery shopping for things that they or their family may need. Evening activities include time at the gym, outdoor fitness activities, and classes or hobby based activities. Weekend activities include visits and outings with family, grocery shopping and spending time in downtown Santa Ana and socializing with friends. Younger adults aged 26 -39 are starting to establish their lives, and have a particular interest in employment and educational opportunities, meeting others their age, starting families, childcare and housing. They often need support accessing local information on these issue areas, and may struggle for economic sustainability at this stage. They want to maintain relationships with family and friends and seek a variety of food and entertainment spaces that allow them to spend time with others and build these relationships. The types of needs vary widely across this demographic, but it was suggested by workshop participants that when this demographic is downtown, "they want to feel connected to their culture, who they are and where they come from." This demographic tends to work during the day. Common weekend and evening activities include exercise, classes and hobbies, spending time with families and friends, grocery shopping for household necessities, and going out to bars and music venues. Older adults aged 40 -64 are primarily focused on safety, stability of their employment, finances, access to affordable health care, and the needs of their family members. As parents and grandparents they are concerned about their family's wellbeing and want to satisfy their needs and demands. They want their children to access good education and are concerned that they may fall subject to crime or dangerous activities. They may work multiple jobs, but aspire for full time employment with medical benefits. It can be very stressful for the individuals in this demographic, especially if they have low levels of education and precarious work environments. Morning activities include commuting to work or daily exercise routines for those that have flexible work schedules. Evening activities comprise of exercise and recreational activities, shopping for groceries, and meal times with friends and family. A large number of those interviewed in our qualitative sample used the Latino Health Access (LHA) for their regular fitness activities or went for walks in their neighborhood. Weekends are a time to share meals or go on outings with family members; to take care of household chores and grocery shopping for the week; and to do fitness and recreational activities. The \,�— r pi r WS _A_2u Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Senior citizens over 65 years of age want to feel valued in the community and to be given opportunities to share their knowledge and experiences. They tend to do their activities earlier in the day, while weekends are an important time for them to spend with family. Health, affordability, safety and transportation are big areas of concern for them. Seniors in Santa Ana tend to prefer to communicate in their ethnic languages, often not English, and enjoy participating in culturally appropriate activities. The Seniors Center in Santa Ana plays an essential role in providing this demographic with access to recreation, fitness and social activities. Seniors need places that are accessible, safe, nearby, affordable, and culturally appropriate — where they can feel comfortable and respected. Their primary activities include volunteering in the community, social activities with friends and family, recreation and fitness activities, medical appointments, grocery shopping and buying necessities. Children from 0 -12 need educational resources outside of school, parks and outdoor play, positive mentors and safe, creative places to have fun. Playgrounds, green spaces and gardens, street closures, and community activities create positive spaces for children. Childcare and the activities aimed at their parents and caregivers are also an important part of servicing this demographic. Younger youth aged 13 -17 in Santa Ana are often accused of participating in crime when they are hanging out in large groups outdoors and risk conflict with local police. This demographic needs affordable indoor recreational places, where they are able to safely and comfortably gather and socialize, to do their homework, get advice, exercise, and have fun. Lots of youth in Santa Ana work after school jobs because they come from low income families; opportunities for employment and job search support would be very useful for this demographic. Participants described this demographic as benefiting from a wellness service location that resembles a "bigger El Centro ". [El Centro is a collectively run space where different organizations meet and community members come together to organize, take classes, and share information.] Weekend visitors to Santa Ana place a primary emphasis on being able to have entertainment and enjoyment in the city. Services such as retail outlets with places for ethnic shopping, restaurants offering a diversity of food types, family events, arts and cultural activities, downtown professional services (attorneys or Mexican consultants) and educational institutions are desired by this demographic. Safety is also a big concern for weekend visitors. To attract this demographic, Santa Ana should consider promoting an improved image premised on safety and other notable elements of the city. Transportation to and out of the Santa Ana is also an important consideration for weekend visitors. Downtown commuters are another important demographic group within the city. Many of those who come are working during the day and want quality childcare, food options and fitness services close to their places of work that are easy to access via car or foot. Since they are not from the area, they need to be informed of the amenities that are available nearby and around the city. Workshop participants expressed a strong desire for culturally relevant programming and genuine consideration of the community's skills, practices and needs as part of wellness goods and services. They further emphasized the need and importance of engaging the community in its selection of cultural programming to create a sense of ownership in future wellness services and programs. They also expressed the importance of having a sense of permanence and security in the places that they use. Participants in the workshops expressed a fear of displacement from their homes, businesses, and cultural centers. The Ncxt Practice WS—A-29 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Appendix A. Methodological Notes This study and the methodology of this analysis was designed by The Next Practice Ltd (TNP). The TNP methodology incorporated data generated by TNP through customized use of the Nielsen Claritas retail analysis model, which is data copyrighted by The Nielsen Company. The downtown scenarios were generated using a customized retail scenario model for downtown Santa Ana that was created by TNP. MASdata provided local research services for both the quantitative and qualitative aspects of the study, including the 40 in -depth consumer interviews. TNP entered and analyzed the qualitative interview data usingTNP's User Optimization tool. Al. The Study Area The first methodological task in a study of this nature is to define the geographical areas that serve as the consumer catchment areas for different consumer segments. Within the constraints of the study's terms of reference, two different data sets and sources had to be used to define the precise areas of `downtown Santa Ana' and `central Santa Ana.' Data on household characteristics, such as income, disposable income, ethnic background, educational background, employment and commuting patterns were taken from the U.S. Census Bureau, American Community Survey (ACS).This data is available by census tract. To secure data on the commercial business mix, retail and services expenditures, and sales at the scale of part of a municipality, we relied upon the Nielsen Claritas data and model. The Nielsen Claritas model combines demand data from the U.S. Bureau of Labor Statistics Consumer Expenditure Survey and supply data from the U.S. Census of Retail Trade. This data is available by radial areas, the radii of which have been defined by TNP. TNP also secured data from the California Board of Equalization for this purpose. Downtown Santa Ana Within this context, TNP defined `downtown Santa Ana' in two ways. For purposes of demographic and household profiles, the primary historical downtown/civic center area is Census Tract 750.02, Orange County, California. For purposes of retail and services trade data, the primary downtown area is defined as the area of 0.5 mile radius from the intersection of 4th Street and N. Main Street. This area extends to Mortimer Street to the east, 8th Street to the north, Ross Street to the west, and Walnut Street to the south. The distance of 0.5 mile is used to represent the walking catchment area whose longest distance is the 1.0 mile diameter of the circle. An extended downtown/civic center area was also considered to generate and analyze data on commercial business mix, retail and services expenditures and sales. This is the circular area of 1.0 mile radius, whose center is the intersection of 4th Street and N. Main Street. This area extends to Garfield Street to the east, Washington Street to the north, Flower Street to the west, and Camile Street to the south. The distance of 1.0 mile is used to represent a catchment that includes walking customers from a distance of 1.0 mile and bicycling customers from a distance of up to the 2.0 miles diameter of the circular. Unless otherwise indicated, the retail and services sales figures presented in the report and scenarios refer to the `downtown' as the 0.5 mile radius area. The `e\t Practice WS—A-3V Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Central Santa Ana For purposes of retail and services trade, the area of Central Santa Ana is defined as the area of 2.0 mile radius from the intersection of 4th Street and N. Main Street. This area extends to 17th street to the north, Fairview Street to the west, S. Grand Avenue to the east, and Edinger Avenue to the south. For purposes of demographic and household profiles, the Central Santa Ana area is defined to consist of the following 17 census tracts in Orange County: 744.05, 744.06, 745.01, 746.01, 746.02, 748.01, 748.02, 748.05, 748.06, 749.01, 749.02, 750.02, 750.03, 750.04, 751, 752.01, and 752.02. A2. Wellness Goods and Services As indicated in Table 1 of the report, the definition of the "Wellness Goods and Services" category relied upon the selection of merchandise and services types as defined and quantified in the US Bureau of Labor Statistics Consumer Expenditure Survey. Goods and services associated with'wellness'were selected in consultation with SABHC stakeholders. These goods and services categories were then associated with specific business establishment categories as defined by NAICS codes. The Nielsen Claritas model was used for Level 1 analysis to determine total demand and sales, by the defined radial market areas such as 'downtown core' and'central Santa Ana,' for Wellness Goods and Food Services only. The TNP model developed to generate Level 2 analysis scenarios for Wellness Goods and Services purchases used, in addition to the Nielsen Wellness Goods and Food Services data, purchases estimates for Educational Services, Childcare, Healthcare and Social Assistance services purchases within the total Wellness Goods and Services category. Household income allocations to these other services were also determined using the US BLS Consumer Expenditure Survey. A3. Consumer Segments and Spending Patterns Segment Populations In the first instance, the five consumer segments were defined according to the consumers' place of residence either in Central Santa Ana or in Orange County. Three segments of primary interest were then defined for Central Santa Ana residents. These are: Traditional Central Homeowners, Traditional Central Renters, and New Downtown Settlers. Two segments of primary interest were then defined for consumers residing outside of Central Santa Ana. These are: Weekday Commuters and Special Destination Weeknighv`Weekend Visitors. To define each of these segments, US Census Bureau, American Community Survey demographic data were used to differentiate the consumer groups within the Central and outside -of- Central geographic areas. The resulting profiles are summarized in Table 5 of the report. This data enabled the differentiated calculation of median Effective Buying Income for households in each of the five segments. The geographic factors and demographic factors used to differentiate each of the five segments are as follows: Traditional Downtown Homeowners: a household that owns a place of residence and resides in one of the 17 census tracts of Central Santa Ana Traditional Downtown: a household that rents its place of residence in one of the 17 census tracts of Central Santa Ana New Downtown Settler: a resident (renter or homeowner) who resides in Census Tract 750.02, Orange County who has a college or university degree The \r\t Practice WS— A- 31a Ana Well ness District: A study of demand and supply for wellness goods and services ATTACHMENT • Weekday Commuter: a household (renter or homeowner) that resides in Orange County and that has one family member who commutes by car or public transit to work in downtown Santa Ana Special Destination Weeknight/Weekend Visitors: a household (renter or homeowner) that resides in Orange County and travels, by car or public transit, for shopping, dining, entertainment and/or services to downtown Santa Ana at least three times per year Household Effective Buvina Income Once each segment was defined, the median annual Effective Buying Income (EBI) was calculated for a household in each segment. This calculation was made by deducting the median housing and utilities costs for a household in the designated geographic area from the median after -tax household income for a household in the designated geographic area. In the instance of the Traditional Downtown segments, the median housing and utilities costs were different for homeowners and renters, based on ACS data. (Median EBI for homeowners is lower than for renters, among other reasons, due to the additional costs of mortgage finance, home repairs, and larger housing units.) In the instance of the New Downtown Settlers, the median after -tax income for university graduates was different than for other downtown residents, based on ACS data. In the instance of Weekday Commuters and Weeknight/Weekend Visitors, the median after tax income was lower for public transit users than for private vehicle users. The EBI for these two segments was calculated using a weighted average median household income of transit and automobile users. A4. Level 2 Market Analysis: Household Expenditure Allocations and Shopping location Choices Median Household Expenditures, by Segment Median household expenditures for each type of Wellness merchandise and service type were determined by calculating the percentage allocation of EBI to all household expenditure categories. These allocations were adjusted for downtown Santa Ana (0.5 mile radius), Central Santa Ana (2.0 mile radius), and Orange County (12.0 mile radius) using the Nielsen Claritas model (which uses the BLS Consumer Expenditure Survey). Table 13 (below) presents the resulting allocation of EBI by merchandise /services areas. TABLE 13. Allocation of Household EBI to Household Expenditures '17he Practice WS—A_32Ana Wellness District: A study of demand and supply for wellness goods and services DOWNTOWN (0.5 mile radius) (ENTRAL (2.0 mile radius) ORANGE(OUNTY (12.0 mile radius) Wellness Goods& Services Purchases 0326 0307 0.291 Food at Home 0.166 0.148 0.117 Food away from Home 0.057 0.051 0.050 Sports, Sporting Goods, Hobbies, Musical Instruments & Books/Periodicals & Recreation 0.081 0.087 0.103 Education and Childcare 0.051 0.063 0.098 Health Care 0.100 0100 0.098 Health& Personal Care Stores 0.022 0.021 0.021 Other Discretionary 0102 0.103 0.116 Other Non-Discretionary 1 0.572 0.589 0.593 '17he Practice WS—A_32Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT Household Expenditures for Wellness Goods and Services. by Segment Having estimated median EBI for each segment, based upon place of residence and selected demographic factors; and having estimated EBI allocation percentages based on the median for the selected geographic areas, the total dollar amount of expenditures can be estimated for a household in each of the five segments. Total expenditures by each segment can be estimated by multiplying the median household expenditures for each merchandise or service type by the number of households in the segment. Shopping Location Estimates. by Segment The current study did not allow for direct survey of downtown customers, representing each of the segments, regarding the geographic distribution of their purchases. Short of this, however, TNP prepared a baseline estimate of Wellness Goods and Services expenditures in downtown Santa Ana (0.5 mile radius), by segment and in total, by applying standard retail catchment and purchasing habits principles to estimate the percentage of expenditure by each segment to downtown business establishments and to non - downtown business establishments. These principles are stated in the report. The reasonableness of the baseline downtown expenditure scenario, by segment, was tested by ensuring that total of Wellness Goods and Services expenditures estimated for all of the segments was equal to the Nielsen Claritas model projection of total 2014 Wellness Goods and Services expenditures for the 0.5 mile radius area; that is, $132 million. A5. Level 3 Consumer Analysis: Qualitative Market Research So as to provide further, detailed guidance about consumer preferences of the two main Central Santa Ana consumer segments, The Next Practice also undertook a qualitative study of the values, preferences, life patterns, and aspirations of typical central Santa Ana residents. This qualitative research involved forty in -depth interviews of residents regarding a typical day in their lives. The respondents were selected using a snowballing technique, beginning with volunteers to downtown service and cultural organizations, who then introduced the researchers to friends and associates for further interviews. Qualitative market research methods, such as in -depth interviews and focus groups are commonly used in commercial market research. They are not intended to use a statistical sample or to provide predictive conclusions. Rather, they are used to generate insights about consumers, which insights are then used to develop solution concepts. To support the identification of patterns and insights from the interview data, the day -in -the -life information, ranging from activities and schedules to emotions and key words, were entered into TNP's User Optimization tool. This is an advanced Excel tool that permits extensive sorting and filtering to identify patterns from detailed and divergent types of data and information about a large group of individuals. The tool supports the association of activities, preferences, and emotions with specific places, times of day, and other activities. The \ * t Practice WS _A_%R*Ja Ana Wellness District A study of demand and supply for wellness goods and services r. \aVTOI V A I A Z I a Appendix B. Wellness District Project Concepts Three workshops were held to share the quantitative findings of the retail analysis; to build on the qualitative data collected from interviews; and to develop initial wellness `destinatiori project concepts that reflect the findings of the research. These workshops were organized by SABHC, and TNP provided facilitation support for Workshops 2 and 3. Workshop 1 was held for community members to identify the various vacant lots that present opportunities for developing wellness goods and services hubs or locations for central Santa Ana residents. Participants were given the opportunity to start brainstorming and sharing their ideas about the types of uses they envision for these sites. Workshop 2 convened senior staff from the City of Santa Ana, leaders of community led organizations, and members of St. JoseplA Hospital to build on the ideas for the sites that were identified in Workshop 1. Workshop 3 brought together community members to review and discuss the wellness services and programs concepts that were developed in Workshops 1 and 2. The workshops primary purpose was to begin the development of concrete project ideas that would address identified local priorities and contribute to a downtown Wellness District strategy. The concepts are not necessarily tied to one or more of the sites identified in Workshop 1. Workshops 2 and 3 organized participants into groups to discuss the needs and priorities of each demographic group. Using the collective insights gathered, the groups were then re- organized to develop a single wellness destination/hub concept that could meet the needs of all the demographic groups. The three main ideas generated in the workshops were: B1. Fitness and Recreation Center B2. Micro Farm and Community Education Center B3. E1 Mercadito Santenera The X,,. i Practices''/ 1'� Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT B1. Fitness and Recreation Center Prospective Site: Former YMCA Mission statement: Empowering community with life skills for health, jobs and overall wellbeing for a more productive and self - actualized life Key services and activities: 1. Social support services 2. Workforce development ■ Vocational training and job placement ■ Language training, classes about unemployment ■ Job opportunities within the center for priority populations and youth 3. Family focused programs that are culturally relevant to the community ■ Activities that relate to the cultures and interests of local demographics ■ Strong interest from the community to participate in development of programs being offered 4. Health education and related services ■ Medical fitness • Geared towards individuals with chronic illnesses or other health conditions ■ Classes, resource fair, seminars on health and wellbeing • Stress management, mental health and spirituality classes • Integrative health activities • Yoga, Thai chi, Pilates, acupuncture • Nutritional counseling • Aesthetician and related services • Classes for people with special needs 5. Cardin, fitness and strength training ■ Personal training services ■ Sports facilities ■ Intergenerational fitness options ■ Group exercise for all ages • Ex. dancing, boxing, cumbia classes, danzon, folklorico The L «i Practice y y S' �A_%C Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT 6. Offsite community activities ■ Walking and cycling activities and events ■ Transform the courthouse lot and front driveway area into event spaces or clinics "VCI -MNB Clinic" 7. Accessible to all Santa Ana residents ■ Affordable regardless of income ■ Migration status is not a requirement for participation ■ Form partnerships with other groups in the community and exchange resources 8. Sales Opportunities ■ Retail space that sells products based on demand • Ex. Traditional and non - traditional medicines and services ■ Fitness membership • General public, senior, corporate, scholarship, day visitors Geared towards residents of Santa Ana and commuter populations ■ Corporate products Employee Health Management solutions Stress reduction, spinning, yoga ■ Space rental ■ Coffee shop The center can run a coffee shop that sells healthy food and is managed by volunteers or as a form of work for youth The community members in Workshop 3 envisioned a large space that opens early in the morning for those who want to do fitness first thing in the day, and offers classes throughout the day in the areas of nutrition and fitness. Afternoon classes would be focused on attracting youth and evening classes would be geared towards adults. Childcare would be offered all day long so parents can participate in activities. The Next Practice WS—A-3 I& Ana Wellness District A study of demand and supply for wellness goods and services ATTACHMENT B2. Micro Farm and Community Education Center Prospective Site: Vacant property 823 E. 1S1 St. Mission statement: Increase access to healthy, fresh, local food while creating opportunities for partnership, community building and entrepreneurship Key services and activities: 1. Farmers' Market or regular farm stand • Sale of the food and flowers produced on the micro farm for retail and wholesale • Cultivate and grow traditional food types ■ Can be sold to restaurants with interest in local food production, food trucks or other markets ■ Easily accessible for Santa Ana residents and downtown commuters 2. Educational programs ■ Organize and facilitate regular workshops on planning, planting, sprouting, maintenance and wellness classes related to food and cooking Different kinds of informational signs and posters throughout the space to educate visitors about plants and growing techniques ■ Partnerships with local schools — can give tours or offer classes for students 3. Common area for events and community meetings ■ Rentable space for community use ■ Micro Farm is accessible via active transportation 4. Employment and volunteer opportunities ■ Including: Lead farmer (horticulturalist), sales associate /farm assistance, volunteer coordinator etc. 5. Programming Design ■ Connecting generations around food and farming ■ Transfer of knowledge between Elders and younger generations on traditional herbs and growing ■ Run programs for different age groups at different times of the day (ex. seniors can use the space in the morning, and children in the afternoon) ■ Cultural activities in the daytime and evening - community meals, celebrations and events can be hosted at the micro farm ■ Allocate plots to different families who want to maintain part of the garden The ti e t Practice WS—A-317 Ana Wellness District: A study of demand and supply for wellness goods and services r_INr_Tyavi:Jarfi The participants described a space that opens early in the morning for seniors to use and enjoy. Throughout the day there would be numerous activities and events focused on food, gardening and agriculture. Late afternoon would have intergenerational activities, workshops, storytelling, music classes, cooking and preparation for large community meals to be held in the evening. The community members in Workshop 3 shared concerns about how the community could create a system that would ensure that they are able to run and maintain a micro -farm for the long term. There was consideration of running a pilot. Questions were also raised about the consequence of partnering with the City. What if the city wants to take the land back? What is the process that can prevent that from happening? How does the community's power change by working with the City? The Next Practice WS-A-38 Ana Wellness District: A study of demand and supply for wellness goods and services ATTACHMENT B3. El Mercadito Santenera Site: Grand Ave — 2nd and 4`' Mission statement: El Mercadito Santanera serves as a community space that promotes healthy food, the development of small/local business and cultural and educational opportunities for the residents of Santa Ana. Key services and activities: 1. A central market to host and incubate local micro business to sell their services and products ■ Sells healthy food, seafood, produce, local, organic, traditional herbs, spices, grains, cultural artifacts, native medicine, juices ■ Offers micro loans to small businesses and individuals ■ Workshops and education classes about starting and running a business ■ Technical assistance for small business owners ■ Offers office space for micro businesses and helps to legitimate their work 2. A destination place that people from inside and outside of Santa Ana who want to visit and buy unique gifts and food items ■ Offers cultural entertainment during the daytime, evening and weekend ■ Used by members of the community and surrounding neighbourhood, commuters and weekend visitors, DMV, employees of local businesses and schools ■ Accessible via active transportation — visitors can walk and bike there ■ Potential to locate the Mercadito at the entry way to the Wellness Corridor 3. Creates job opportunities for the community to run and maintain the space ■ Acts as a venue space for community events ■ Access to outdoor and indoor space 4. Provides affordable housing and lofts /artist studios Participants in Workshop 3 suggested that the Mercadito should also be connected to the micro farm or any other community based restaurants, businesses, services and programs.lbe idea of the Mercadito has its roots in the Mercados of Latin America and reminds community members of the strong connections that they have to those places. While the Mercadito will attract people from outside, it is designed to serve and support the community, as one member mentioned, "by the people for the people." The Mercadito is not just a place to find food, but also a place to find business services, connect with community members and participate in cultural events. The tPractice S'_A_ "a Ana Wellness District: A study of demand and supply for wellness goods and serkes ATTACHMENT Community members described a space that opens early in the morning for people to access on their way to work for coffee/breakfast, bike tune ups, or to wait for public transit. During the day, businesses are running and community events are being hosted. In the later afternoon, affordable and healthy food options are available for purchase and seniors are leading activities with children. In the evening there are social activities, music, dance, cinema, coffee and arts -based events. WS—A-4 Ana Wellness District: The Nox¢Practice W ATTACHMENT Appendix C. Workshop Participants Workshop 2 Participants Alisa Barrios, St. Joseph Health David Benavides, City Council Member, Santa Ana Jeb Brugmann, The Next Practice Ana Cabral, OCLF Joel Cazares, SABHC Robert Cortez, City of Santa Ana Yenni Diaz, OCCORD Jo Flatt, The Next Practice Elizabeth Glenn - Bottari, St Joseph Health Melody Gonzalez, KidWorks Lisa Marie Gorman, St. Joseph Health Scott Kutner, City of Santa Ana Jessie Mosqueda, Chi Bank Virginia Mosqueda, SABHC Gerardo Monet, City of Santa Ana Nancy Moughney, Taller San Jose Gabriela Robles, St. Joseph Health Jeanette Rubio, Resident Karen Sarabia, Centro Cultural Mexico Carolina Sarmiento, MASData Socorro Sarmiento, Centro Cultural Mexico Revel Sims, MASData Shawna Smith, Taller San Jose Ana Urzua, SABHC Workshop 3 Participants Sarai Arpero, Latino Health Access Jeb Brugmann, The Next Practice Kathy Cardelli, St. Joseph Health Carmen Cortez, resident Jo Flatt, The Next Practice Amelie Garcia, resident Vanesa Gonzalez, resident Lynette Guzman, KidWorks Steve Kim, Project Kinship Manuela Lopez, SACRED Pedro Lopez, resident Ozomatli Mazatl, resident Nancy Mejia, Latino Health Access Laura Pantoja, El Centro Cultural de Mexico Esmeralda Perez, student Araceli Robles, resident (LHA) Rigoberto Robles, resident Carolina Sarmiento, MASData Socorro Sarmiento, El Centro Cultural de Mexico Revel Sims, MASData Madeline Spencer, SACRED Estela Tejedo, resident Cuatli, resident The \cat Practice WS—A-41 Ana Wellness District: A study of demand and supply for well ness goods and services ATTACHMENT The Next Practice The Next Practice Ltd. 120 Bathurst Street Toronto, Ontario M56 2R4 Office +1- 416 - 461 -1644 Cell +1- 416 - 303 -0418 WS -A -42 ATTACHMENT North American Wellness Districts & Hubs: Four Case Studies Jackson Walk Jackson, Tennessee Mariposa Healthy Living Initiative Denver, Colorado Vital Health and Wellness District Stamford, Connecticut Artscape Wychood Barns Toronto, Canada October 2014 The Practim The Next Practice Ltd. Office 1- 416 -461 -1644 720 Bathurst Street Toronto, Ontario M56 21R4 (ell +1 -416- 303 -0418 WS -A -43 Prepared by JoFlatt, Consultant, The Next Practice ATTACHMENT CONTENTS Case 1: Wellness District Jackson Walk Municipality: Jackson, Tennessee 1. Background and Summary ............................ .............................03 2. Project Description ......................................... .............................03 2.1 Partners & Actors ....................................... .............................03 2.2 Strategy and Approach ........................... .............................04 2.3 Project Implementation and Outcomes to Date ................ 04 3. Budget and Finances ................................... ............................... 05 Case 2: Wellness District Mariposa Healthy Living Initiative Municipality: Denver, Colorado 1. Background and Summary.. Case 3: Wellness District Vital Health and Wellness District Municipality: Stamford, Connecticut 1. Background and Summary ......................... ............................... 09 2. Project Description ......................................... .............................10 21 Partners & Actors ....................................... .............................10 2.2 Strategy and Approach ............................ .............................10 2.3 Project Implementation and Outcomes to Date ..................11 3. Budget and Finances ....................................... .............................11 Case 4: Wellness Hub Artscape Wychood Barns Municipality: Toronto, Canada 06 1. Background and Summary 2. Project Description ...................................... ............................... 06 2.1 Partners & Actors ...................................... .............................06 2.2 Strategy and Approach ......................... ............................... 06 2.3 Project Implementation and Outcomes to Date .................07 3. Budget and Finances ................................... ............................... 08 12 2. Project Description ......................................... .............................13 2.1 Partners & Actors ....................................... .............................13 2.2 Strategy and Approach ............................ .............................13 2.3 Project Implementation and Outcomes to Date .................13 2.4 Other Notable Initiatives .......................... .............................14 The Stop Community food C enter ........ .............................14 History and Approach ............................ .............................14 3. Budget and Finances ...................................... .............................15 I[j WS -A -44 ATTACHMENT Case 1: Wellness District Jackson Walk Municipality: Jackson, Tennessee 1. Background and Summary Jackson is a city of 68,000, located in rural western Tennessee. In 2010, Jackson confronted the decision of a company not to relocate there because of potentially high employee health care costs caused by the city's high rate of obesity. In response, the City launched an initiative called Jumpstart, Jackson to increase both economic development and health for city residents. The initiative includes a variety of community programs, events, a farmers' market and a 17 -acre redevelopment, called Jackson Walk. The Jackson Community Development Agency selected Healthy Community LLC to lead the redevelopment. The project focused on creating a healthcare model premised on access to a wellness/ fitness /primary care center, outdoor recreational amenities, commercial shops, and new apartments and family homes. The development was also designed to maintain the historic character of the neighborhood and to promote a pedestrian and cyclist friendly network that connects residents with the area's main employers, the local farmer's market, and other neighborhoods in the midtown, downtown and surrounding areas. LIFT (Living In a Fit Tennessee), a medically based fitness facility, is the anchor of the site. It opened in January 2013 and has attracted more than 3,000 members, exceeding initial membership and financial projections. The developer considers the pedestrian- friendly design and co- location of restaurants and shopping as key elements of success. The site has been transformed into a `destination place,' where members can walk or drive to the gym, access local amenities such as a dry cleaner, eat lunch or visit the farmers' market in a single trip. The majority (60 %) of members live within eight miles of LIFT, while the remaining members come from other parts of the region' Jumpstart Jackson has catalyzed significant economic development in the downtown: Over $50 million of wellness and a healthy lifestyle investment have been put into the city.' 2. Project Description 2.1. Partners & Actors As a collaborative initiative, Jumpstart Jackson works with city departments, the YMCA, Boys & Girls Club, faith based organizations, and local schools to spread the message of a healthier Jackson and run programming to engage residents in fitness and healthy living. Healthy Community LLC (http: / /healthycommunityllc.com/), a partnership of Crocker Construction Company, HCB Development and Henry Turley Company, is the developer of the Jackson Walk project. The architect was Looney Ricks Kiss (LRK). Healthy Community LLC worked closely with the downtown area's three primary employers: the City, the county courthouse and the Jackson Energy Authority. The Cott Practice WS-A-45 ATTACHMENT 2.2 Strategy and Approach Healthy Community LLC used health and wellness as the theme for the Jackson Walk infill redevelopment and selected LIFT (http: / /www.liftjackson.com /), an 82,000 square -foot medical care -based fitness /wellness center as the site's main anchor. LIFT is Jackson areas only medical fitness center. It hosts a fitness centre, a preventative health center, a primary care clinic, and a health - focused cafe that caters to diabetic and caloric- conscious consumers. The fitness center includes a gym, basketball courts, indoor pools, cardiovascular and strength training equipment and an indoor walking track. The wellness center offers physical and occupational therapy; cardio and orthopedic rehab; and programs focused on women's health.'Ihe center nuns numerous outreach events at schools and seniors' centers, and has an extensive disease - management program that offers free educational programs on diabetes and congestive heart failure. The center also works with Jackson businesses to offer preventative care resources and guidance to their employees.' LIFT's diverse customer base ensures that the development's 20,000 square feet of commercial - retail space is being used during all hours of the day. The leasing strategy for retail tenants specifically targets businesses that can contribute to the health focus and pedestrian- oriented community created in Jackson Wall,. Biking and walkability are a core element of the development. The site offers visitors a park- like setting, walking trails, and outdoor exercise stations. To balance the need for parking, while maintaining a park aesthetic, the developers undertook parking studies to support dispersal of parking lots throughout the site, rather than building a large lot concentrated in one area. Jackson Walk also includes 149 individual multi - family rental units and 32 single - family homes. Rental rates for apartments are between $675 - 561,105, or $1.01 /square foot. Two of the smaller homes have sold for $115,000 and $122,000, while the larger homes are priced at $209,000. Twelve of the homes will be sold through a special grant incentive program from the city for first -time homebuyers. The neighborhood also boasts a city -owned amphitheatre and dog park. In addition to the Jackson Walk redevelopment, some of the wellness programs include Breakfast in the Classroom, which provides students with a nutritious meal before they start class; a Farm to Tray program, which brings fruits and vegetables from local farmers to all school cafeterias; creation of the Jackson- Madison Wellness Policy; and 8.5 miles of new or improved walking trails in parks .4 2.3 Project Implementation and Outcomes to Date Jumpstart Jackson has transformed Jackson into a much healthier community, while also bringing significant economic benefit to the city.' The finished development includes a 60,000- square -foot wellness center, 15,000- square -foot primary care clinic, 20,000 square feet or commercial/retail space, 188 multifamily residential units, and 402 parking spaces.' In 2013, Jackson was selected by the US Conference of Mayors as one of the most livable small cities in America.'Ihe site has a Walk Score of 72, indicating it as very walkable. The Next Practice \A/@' A—A C ATTACHMENT 3. Budget and Finances the project cost was $46 million, with $42 million coming from private funds and $4 million from the city and public support. Wells Fargo and Suntrust Bank were the primary lenders, and Jackson Walk Partners and Healthy Community Partners are the equity. Of the total project costs, $17 million was spent on the LIFT facility.' The `Pract a WS-5A-47 ATTACHMENT Case 2: Wellness District Mariposa Healthy Living Initiative Municipality: Denver, Colorado 1. Background and Summary Built in 1953, the Lincoln Park public housing district of the Denver Housing Authority (DHA) reflected the outdated strategy of concentrating low- income housing in obscure locations that are generally isolated from amenities, services, and economic opportunities. As a result, the neighborhood has been challenged by poverty levels triple to those of the city as a whole. Ninety -four percent of residents have incomes that are 0 -30% of the Area Median Income (AMI).' Many also suffer from poor health outcomes: 38% of residents experience chronic health conditions such as asthma, diabetes, and heart problems, while 55% are considered overweight or obese.' Further, 40% of residents have less than a high school diploma and only 1% have a college degree. In response, the Denver Housing Authority (DHA) decided to redevelop the neighborhood in ways that will enhance the health outcomes and quality of life for residents. DHA initiated the Mariposa Healthy Living Initiative in 2009 to establish physical, mental and community health outcomes as primary measures of redevelopment success. The South Lincoln Homes public housing project has been rebranded as Mariposa. The redevelopment is being implemented in eight stages with completion expected in 2018 focusing specifically on facilities and design for physical activity, pedestrian and bike infrastructure, traffic safety, and access to health care.10 2. Project Description 2.1. Partners & Actors The Mariposa development is owned and managed by the Denver Housing Authority (DHA). Mithun, the architecture, planning and design firm, led the master planning process. The landscape architects, Wenk and Associates have developed an open space and parks system for the neighborhood that integrates sustainable principles with stormwater management principles. 2.2 Strategy and Approach The redevelopment of Mariposas 17.5 -acre site will add a mix of uses and nearly triple the existing density, with 900 new mixed- income homes (1/3 public, 1/3 workforce, 1/3 market rate). Significant investments are also being made in open space, infrastructure, and public realm improvements. All homes will be within a convenient walking distance to the neighborhood's light rail station, retail and services, and a large city park. The coordination of eight distinct construction and demolition phases has allowed residents to remain in the neighborhood during the development process." Fundamental to the development is the Mariposa Healthy Living Initiative.Tbe Initiative recognizes the built environment as a determinant of health outcomes for local residents.12 Its activities include the development of indicators to track and measure health and wellness performance and the Mariposa Healthy Living Toolkit, which provides a comprehensive guide for practitioners to incorporate health into design, redevelopment and construction.13 The Next Practice ws- b -48 ATTACHMENT At the start of the Initiative in 2009, a rapid Health Impact Assessment was undertaken to examine the relationship between health and the built environment in existing South Lincoln homes and to set a baseline for the public housing residents. All options for the Master Plan were continuously evaluated using the Healthy Development Measurement Tool, resulting in a plan that meets the priority issues of the residents. Stakeholder engagement has been a pivotal part of the process. Related activities have included stakeholder interviews, a pedestrian audit, youth visioning sessions, and outreach to targeted populations. Over 140 community meetings and group interviews were held to discuss the master plan. A 30- member steering committee, with a majority comprising of South Lincoln residents, was also created to oversee the process.14 The engagement activities identified a number of community needs, including community gardens, a central plaza, and connective parks. 2.3 Proiect Implementation and Outcomes to Date Phase I of the redevelopment was completed in 2012. It is a 100 -unit multi - family building, called Tapiz apartments. Tapiz is a LEED certified building constructed on a remediated brownfield site, featuring rooftop solar panels, community gardens, green heating and cooling systems, graywater recycling, and green infrastructure for stormwater management." The site also houses the Youth Culinary Academy, which offers job training for youth. Phase II is a brightly colored four story multi - family building with a landscaped courtyard, common meeting room spaces and a children's play area. Detached from the main building are a few townhouse units. Phase III is the largest single housing development of the project, with a sizeable community garden and extensive green space. Each phase of development has been accompanied by an art project. Phase I has an eight -story mural on the exterior side of the building, Phase II has a large flower sculpture and Phase III has an interactive indoor staircase." Phase IV is set to be finished in October 2014 and Phase V will break ground fall 2014 to be finished early 2015.17 Phase IX is expected to be finished in 2018. Monitoring and tracking of projects against the baseline assessment has already shown positive trends in several key community health areas. The total crime rate has dropped from 246 incidents per 1000 people in 2005, to 157 in 2011. The average transit commute time has also dropped from 24 minutes in 2010, to 20 minutes in 2012.18 The percent of residents with 1h -mile access to open space and nature increased from 26% to 32% and the number of healthy food outlets within 1/2 mile increased from 0 to 1.19 Other outcomes of the development are improved mobility, supported by neighborhood traffic calming, new bike lanes, bicycle share system, and a free shuttle buses to the Denver Health Medical Center. The development has also created a safer, more attractive public realm; with building murals and public art that celebrate the neighborhood's cultural diversity, as well as public plazas and community gardens. New programming to support health outcomes has also been created, including intermittent diabetes and health checkups and appointment of a Healthy Living Coordinator to organize walking groups, health classes and other services. The Denver Housing Association (DHA) has also partnered with the DU Bridge Program to provide school opportunities for youth in the Mariposa community to increase levels of high school completion and enrollment in trade -based education and initiated a scholarship program with La Alma Recreation Center to offer scholarships to boost participation. The of X Practice WS -A -49 ATTACHMENT 3. Budget and Finances The project is expected to cost $150 million at full build out 20 The DHA has raised nearly $4 in private funds for every $1 of public money contributed." The project has attracted more than $30 million in federal funds, including a stimulus grant under the American Recovery and Reinvestment Act and the $22 million HOPE VI grant from Housing and Urban Development (HUD). The Environmental Protection Agency (EPA) paid for the initial brownfields cleanup. The planning process also received support from EPA's brownfield office and agencies within the federal Partnership for Sustainable Communities (EPA, HUD and Department of Transportation) 22 P I acti`e WS -A -50 ATTACHMENT Case 3: Wellness District Vital Health and Wellness District Municipality: Stamford, Connecticut 1. Background and Summary The Vita Health and Wellness District is a neighbourhood redevelopment project, currently under construction, in the area surrounding the Stamford Hospital in Stamford, Connecticut. The site is located on Stamford's West Side, in a one -mile corridor along Stillwater Avenue. The district's central focus is health, wellness and medicine and this thematic concept is applied to the entire project's real estate development decisions, landscape and building design, and ultimate retail selection and leasing strategy. The Vita Health and Wellness District aims to revitalize the Stamford West Side by improving the health of local vulnerable populations; to reduce excessive spending caused by the inefficient delivery of medical services; and strengthen the economic and social vibrancy of the neighbourhood around Stamford Hospital.23 It achieves these outcomes by matching a range of health programs and services with the development of quality housing options, parks and green space, and strategies to stimulate local business and workforce development. Studies conducted by a Community Health Needs Assessment have identified the neighbourhood as having the highest incidence of chronic medical conditions and poor health within the Stamford area including obesity, coronary /cardiovascular disease, diabetes and cancers. The incidence of depression, anxiety and substance abuse is also high 24 Many residents rely on federally subsidized clinics or Stamford Hospital's emergency department because they are uninsured or qualify for Medicare or Medicaid. Many are without a relationship to a primary care physician." The West Side has a population of 13,000 residents. It is a predominantly Hispanic neighbourhood, at 50% of population, followed by a large African American population, at thirty -three percent 26 The neighbourhood has struggled for decades to achieve economic vitality. Median household income is $42,000, compared to $75,000 citywide 21 Only 26% of the community owns a home, with the remaining population renting.28 Poor access to employment training, language barriers, and immigration status has been identified as impediments to employment for neighbourhood residents 29 Currently, many of the streetscapes that connect parks and green space are in poor condition. The city lacks affordable indoor fitness facilities. There is also a shortage of affordable fresh produce available on the main commercial corridor, Stillwater Avenue " Vita's Wellness District development was facilitated by the construction of the new Stamford Hospital and a land swap between the Stamford Hospital and Charter Oak Communities, the city's public housing authority.31 The S. \t Pracke WS—A-51 ATTACHMENT 2 2. Project Description 21. Partners & Actors The Vita development is an initiative launched by the Charter Oak Communities in partnership with the Stamford Hospital, the City of Stamford and the West Side community, including residents, business owners, and the West Side Neighbourhood Revitalization Zone (NRZ).This partnership is also being supported by a team of consultants, which includes Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Tripp Umbach and Balance Health Communications. The Stamford Hospital and Charter Oak Communities first worked together in 2010 when the hospital needed to build a new primary inpatient facility, while Charter Oak had to replace an obsolete public housing project. The two organizations chose to swap the two properties, without any monetary exchange. Since the exchange, the organizations have also collaborated on obtaining Village Commercial District zoning; creating the Fairgate Farm; and obtaining federal grant funds to refine the Vita plan. 2.2 Strategy and Approach In the late 2000s, Stamford experienced a spark of health related investments including the Fairgate Farm, the Optimus / Fairgate Community Health Center (a federally qualified health center); new housing developments; and new health programs created by the Stamford Hospital. In 2010, Stillwater Avenue was rezoned as a Village Commercial District32, better enabling the city to attract an array of consumer -based health facilities and services and allowing it to position itself as a district." A pivotal component of establishing the Vita District is the hospital expansion. In 2012, construction of a $450 million expansion of the Stamford Hospital began. This expansion was made possible by a Sustainable Communities Challenge grant provided by the U.S. Department of Housing and Urban Development. The addition will be an 11 -story - 647,000 square foot building with main floor retail space and a focus on specialty health care. It has been designed according to the P1aneTree principles, to create a calm and healing environment 34 Among its many programs, the hospital will also house a Center for Integrative Medicine & Wellness to provide an alternative approach to patient treatment, by considering physical, emotional, mental, social, spiritual, and environmental influences "The development is also creating public green space and parks throughout the hospital campus and along the site. For the first time since the hospital's opening in 1913, it will have an entry facing the neighbourhoods to the south, connecting it with that community. The hospital expansion will be completed in 2016. In 2013, the consultant team prepared a strategic plan and market assessment, gathering insights from community meetings and interviews with local businesses and residents; design studies; market analysis; evaluation of commercial space and retail opportunities; and examination of the job outlook in the healthcare industry. The Nom Practice Y s-A-52 ATTACHMENT In addition to current projects, the strategic plan proposes development of a 50,000 square foot mixed -use building; a 550 -car parking structure with ground floor retail space; and a new street to align new construction projects in relationship to Fairgate Farm. The 2013 strategic plan also outlines five essential components of the Vita Health and Wellness District. 1. Health and wellness within the neighbourhood 2. Healthy eating: Urban agriculture and nutrition 3. Active living: Parks and connections 4. Promoting good jobs and local business 5. Connecting the hospital into the community 2.3 Proiect Implementation and Outcomes to Date Vitas successful projects include Fairgate Farm, an urban agriculture site, transformed from a series of blighted housing lots in 2011. Run by local volunteers, Fairgate Farm delivers fresh produce to social agencies throughout Stamford and is considered a "prized community asset. "" The Greenfield housing community will be opened in fall 2014. Built by the public housing authority (Charter Oak Communities) the development includes a range of mixed- income residences, serving some of the lowest income populations. The Stillwater corridor, now under Village Commercial District zoning, is positioned to attract health- focused business, facilities and services to build the economic base of the area. The Vita District has also initiated new collaborations between local community organizations and West Side residents to support implementation and direction of the development. While many development projects are underway, Stillwater Avenue remains disconnected from the hospital and on -site retail needs to be identified. 3. Budget and Finances The development has attracted national attention and funding. It received a Sustainable Communities Challenge grant from the U.S. Department of Housing and Urban Development (HUD) to underwrite the Vita strategic plan. In 2012 the U.S. Environmental Protection Agency (EPA) selected Vita for the Building Blocks Equitable Development technical assistance program " Projects Underway: • S450M Stamford Hospital Expansion S26M Fairgate Mixed - Income Housing Redevelopment • New development planned for 5 -acre former Vidal Court site • S50M Mixed -Use project The \,,\t Pracfice WSJA -53 ATTACHMENT Case 4: Wellness Hub Artscape Wychood Barns Municipality: Toronto, Canada 1. Background and Summary Development of a Wellness District requires establishment of key wellness related facilities to connect, educate and and engage the surrounding community. Artscape Wychwood Barns is an example of a community cultural hub that concentrates community organizations, businesses and artists working in the areas of arts, culture, food security, urban agriculture, and health in one location.'Ibe site is a former streetcar repair facility transformed into a dynamic mixed -use community space, where arts and culture, environmental leadership, heritage preservation, urban agriculture and affordable housing are brought together to foster a sense of community'$'Ihe building is owned by the City of Toronto, but operated by an organization called Artscape under a 50 -year lease. The building has programming and administrative spaces, live -work units for artists, indoor and outdoor growing areas, a community-run gallery and an 8,000 square foot covered street that is used for farmers' markets, art markets, conferences and events 39 The property contains 4 barns each serving different purposes: 1. The Studio Barn provides 26 live -work studios and 14 work -only studios to professional artists as well as a Community Gallery. 2. The Covered Street Barn provides affordable community space for community events, exhibitions, conferences etc. 3. The Community Barn provides affordable programming, rehearsal, office and meeting space for nonprofit community arts organizations and environmental organizations. 4. The Stop Community Food Center's Green Barn houses a year round temperate greenhouse, sustainable food education center, garden, outdoor bake oven and compost demonstration site. 2. Project Description 2.1. Partners & Actors Leading up to the development, the local City Councilor played a large role in the reuse and preservation of the site. Important community groups who supported the process include the Taddlewood Heritage Association and Friends of the New Park. In 2008, the Wychwood Barns Community Association (WBCA) was created to curate the community gallery and to enhance community and public participation in the Barns. The \ett Practice WS —A -54 r_JVr_T6JVMJT Artscape manages the Wychwood Barns as well as its completed redevelopment, holding a 50 -year lease at $1 /year with the City of Toronto. Artscape is financially and legally responsible for the operations, subleases and license agreements with all tenants. It is also responsible for all property management and base building operations, including tenant selection, maintenance, and capital repairs such as finances, insurance, fire safety plans, taxes and utilities. Artscape transferred the residential component of the building to its uniquely incorporated not - for -profit corporation, Artscape Non Profit Homes (ANPHI), which was created specifically by Artscape to manage its affordable housing projects. 2.2 Stratew and Approach The project's vision was based on the idea that building a space with a diversity of uses will create a more animated and successful facility. By mixing a wide array of tenants from a variety of backgrounds and disciplines, Artscape Wychwood Barns was designed as a platform for collaboration where a mix of people and ideas could come together to strengthen the community. Artscape sought to engage a variety of organizations as partners and tenants. In 2004, Artscape issued a request for expressions of interest to find partners that have the same vision for the project. Through this process they brought the Stop Community Food Centre on board as a development partner and anchor tenant. The Stop contributed to financing Barn number four, the Green Barn, a greenhouse facility and education centre. 2.3 Project Implementation and Outcomes to Date At first, the project faced some local opposition from residents who feared that the redevelopment of the Barns would cause excess traffic and noise. Artscape conducted a series of noise and traffic studies and numerous stakeholder consultations to manage the opposition — ultimately diminishing concerns within the neighbourhood. An influential and powerful project management team supported development of the Barns. The team included the local City Councilor, Artscape CEO, the project's architect, influential community activists, and senior staff from the City of Toronto. Artscape also formed an expert architecture and design team that focused on structural, mechanical and electrical heritage and sustainability in their plans. A professional contractor managed the construction process. The property was opened to the public in 2008. It has become a key landmark in the neighbourhood. 2.4 Other Notable Initiatives The Stop Community Food Center The anchor tenant of the Wychwood Barns is The Stop Community Food Center. Throughout its work, The Stop seeks to address issues of health and wellness by improving local access to food in a way that maintains dignity, builds a sense of community and challenges inequality The organization started in the 1970s as a food bank offering emergency food relief. It has evolved, however, into a sustainable food production and education center focused on good food. People can come to The The Next practice WS1A -55 ATTACHMENT Stop for emergency food services; to learn how to grow, cook, and choose healthy food; participate in communal bake ovens and markets; learn about sustainable food systems and urban agriculture; attend peri -natal classes, after school programs and summer camps; or access community support workers. History and Approach The Stop is widely considered a pioneer in community food work for having sought to change the charity food distribution model by building a community that empowers, educates, and engages around food.40 The Stop started as a small food distribution project inside of downtown church for those affected by the growing recession in the 1970s. The initiative began in direct response to the needs of local residents. As demand kept increasing the initiative grew to be one of Canada's first food banks. In 2001, the organization became The Stop Community Food Centre and relocated to one of the regions most diverse neighborhoods, challenged by above - average rates of unemployment and low income.41 The Stop's food bank and drop -in meal programs adopted an emphasis on healthy food as a way to build morale and promote mental and physical health.42 In 1998, The Stop built an urban agriculture program to engage community members in the process and issues of agricultural food production. Staff soon realized the broad impacts of building social initiatives and networks within communities. As resources increased, The Stop began to invest in a civic engagement process that supported community members to understand and address the root causes of poverty and food security.43 While maintaining their emergency drop -in program, The Stop offers a range of capacity building, educational and skills training programs related to food and food preparation, gardening, civic engagement, advocacy training and classes to address issues of social isolation. In 2008, they opened their second site in the Artscape Wychwood Barns as a state of the art greenhouse, commercial kitchen, demonstration garden and classroom. The Stop is considered a key component of its surrounding neighbourhood and a successful best practice model for community organizations across North America. In 2013, The Stop had an operating budget of $4.5 million in 2013.^4 3. Budget and Finances Unlike many traditional community centers, Artscape Wychwood Barns has a self - sustaining financial model, it has not required any operating subsidies beyond the initial capital investment 45 It took three years to raise the $23 million in capital to develop the property. The `'crt Practicc \ s—A-56 ATTACHMENT Artscape leveraged a variety of funding opportunities to finance the barn's redevelopment, including: • Departments within the federal and provincial governments such as housing, tourism and Heritage Canada • Numerous foundations and private companies Local private condominium developer because of the Section 37 bylaw which allows a municipality to pass zoning bylaws authorizing additional height and /or density to a development project, but in return the developer must offer community benefits" • City of Toronto contributed funds to remediate the contaminated soil One of the innovative methods of fundraising included the sale of donated photographs of the dilapidated pre- renovation structures by prominent artists. The Nk,xf Practice WSIA -57 ATTACHMENT End Notes 1 Urban Land Institute. `Building for Wellness: The Business Case. "2014. Accessed on September 24, 2014. 2 US Conference of Mayors: Jumpstart Jackson. Accessed on October 1, 2014. http: / /vimeo.com/68867740 3 Ibid. 4 http: / /uli.org /wp- content/ uploads/fJLI- Documents/Building- for - Wellness -The- Business - Case.pdf 5 Tourism Jackson. Jackson, Tennessee recognized for wellness efforts. Accessed on October 2, 2014. http://jacksontn.com/tourism/news/detail/54 6 http: //w ..Irkcorn/projects /Jackson- city -walk/ 7 Urban Land Institute. "Building for Wellness: The Business Case." 2014. Accessed on September 24, 2014. http: / /uli. org /wp- content /uploads/ULI- Documents/BuUding- for - Wellness -The- Business - Case.pdf 8 Mithun Consulting, Denver Housing Authority. The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. Pg 19. 9 Ibid. 10 Ibid. 11 Kaid Benfield. Denver redevelopment sets new standards for community engagement and analysis. Switchboard: National Resources Defense Council Staff Blog. June 7, 2012. Access on October 1, 2014. 12 Mithun Consulting, Denver Housing Authority. The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. PQ 19. 13 Ibid. 14 Kaid Benfield. Denver redevelopment sets new standards for community engagement and analysis. Switchboard: National Resources Defense Council StaffBlog.June 5 2012. Access on October 1, 2014. http: / /switchboard.nrdc. org /blogs/ kbenfield / denver _redevelopment_Sets_new.htmi 15 Ibid. 16 Joe Vaccarelli. The Denver Post. Mariposa District in West Denver sees change after five years. May 29, 2014. Accessed on October 1, 2014. http: //w ..denverpost.com /denver /ci_25844421 /mariposa- district - westdenver- sees - change -after -five 17 Ibid. IS Center for Active Design. Mariposa Redevelopment Master Plan and Healthy Living Initiative Accessed on October 1, 2014. http : / /centerforactivedesign.org /mariposa/ 19 Ibid. 20 Joe Vaccarelli. The Denver Post. Mariposa District in West Denver sees change afterfive years. May 29, 2014. Accessed on October 1, 2014. http: / /www.denverpost.com / denver /ci_ 25844421 /mariposa- district - west- denver- sees - change -after -five 21 Ibid. 22 Mithun Consulting, Denver Housing Authority. The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. Pg 22. The Vest Practice w@-A-58 ATTACHMENT 23 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications, Vita: Health & Wellness District in Stamford, CT Stamford: Charter Oak Communities, 2013. Full Report. p. ii. Accessed April 15, 2014 at: http: / /vitastamford.com /strategic -plan/ 24 Ibid p. i. 25 Ibid p. ii. 26 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications. Vita: Health & Wellness District in Stamford, CT. Stamford: Charter Oak Communities, 2013. Appendix. Section: "Development Strategies ". p. 4. Accessed April 15, 2014 at: http: / /vitastamford.com /strategic -plan/ 27 Ibid. 28 Ibid. 29 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Tripp Umbach, and Balance Health Communications. Vita: Health & Wellness District in Stamford, CT. Stamford: Charter Oak Communities, 2013. Full Report. . 14. Accessed April 15, 2014 at: http: / /vitastamfordpcom /strategic -plan/ 30 Ibid p. 38. 31 Ibid p. 3. 32 the Village Commercial District (VC District) is intended to implement the policies, goals and urban design principles articulated in the Master Plan of the City of Stamford, calling for preservation and development of a sustainable, transit oriented and pedestrian friendly "Main Street" character for the neighborhood centers of Stillwater, Glenbrook and Springdale, including the development of new structures and uses with appropriate architectural designs and the conservation and enhancement of the character of existing buildings, sites, streetscapes and pedestrian environments. 33 City of Stamford. Zoning Regulations, City of Stamford Connecticut. Stamford: City of Stamford, February 7, 2013. Accessed on April 15,2K.4 at: http: / /www.stamfordct.gov/ sites /stamfordct/files /file /file /city_of Stamford _zoning_regulations_O.pdf 34 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications. Vita: Health & Wellness District in Stamford, CT. Stamford: Charter Oak Communities, 2013. Full Report. pp. 23. Accessed April 15, 2014 at: http: / /vitastamford.com /strategic -plan/ 35 Ibid p. 25 (Footnote 4). 36 Ibid p. 7. 37 Ibid p. 71. 38 "Artscape Wychwood Barns:'Ihe Vision." D.I.Y. Creative Placemaking. Artscape. Accessed April 14, 2014 at: http: / /www. arts capediy. org/ Case - Studies /Artscape - Wychwood -B arns. aspx 39 Ibid. 40 Knezevic, I., Landman, K., Blay- Palmer, A. and Nelson, E. Models and Best Practices for Building Sustainable Food Systems in Ontario and Beyond. Guelph: Ontario Minister of Agriculture, Food and Dural Affairs, 2013. p.9. Accessed on April 19, 2014 at: http: / /www.uoguelph.ca/omafra_ partnership /Ictt/en /agrifoodrurallink / resources /MBPFullReportFINAL.pdf 41 City ofToronto. City of Toronto Ward Profiles: Ward 17. City of Toronto, 2006. Accessed on December 1, 2010 at http: / /www.toronto.ca /wards2000 /ward 7.htm 42 The Stop. the Stop's Healthy Food Philosophy. Accessed May 21, 2011 at: http://wwwthestop.org 43 Levkoe, C. Learning democracy through {{oodjustice movements. Agriculture and Human Values, 23(l).2006. pp. 89 -98. Link:http: / /dx.doi.org /10.1007 /s104G0- 005 - 5871 -5 44 The Stop. The Stop Community Food Centre. Financial Statements. Toronto. August 13, 2013. Accessed April 25, 2014 at http: / /www. thestop.org /sites /thes top. org /files /the_Stop_cfc_ audited _financial_statements_2012 -13.p df The Noxt Practice WS JA-59 ATTACHMENT 45 Elrtscape: Artscape Wychwood Barns" Accessed on May 1, 2014 at: http:// torontoartseape .org /utscape- wychwood -barns 46 "Section 37" is a particular section of the planning act which allows a municipality to pass zoning bylaws authorizing additional height and/or density to a development project. In return, the developer must offer community benefits, which can include affordable or mid -range rental housing, community services and facilities space, not - for -profit child care facilities, public art and others. The Next Practice WS-A-60 ATTACHMENT 2 The Next Practice The Next Practice Ltd. 120 Bathurst Street Toronto, Ontario M56 2R4 Office •1- 416 - 461 -1644 (ell +1- 416 - 303 -0418 WS -A -61 WS -A -62 ATTACHMENT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, the City of Santa Ana has a population of 334,227, 78% of which are Latino, 11% Asian, 9% White, 2% others. Santa Ana has over 30% of households with children under 18 living at home. A wide variety of languages are spoken, with 83% of households having a language other than English spoken at home. Culturally the city has over 48% of its households born in countries other than the US. As one of the densest, youngest, and most culturally and ethnically diverse cities in the nation, the goal of engaging all sectors of our community in a meaningful way, and of creating consensus, are all the more important; and WHEREAS, in November 2013 the City of Santa Ana launched the ,Downtown Santa Ana Wellness Corridor; and WHEREAS, In March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including in the creation of a comprehensive economic development strategic plan, supporting neighborhood vitality and liability, and promoting a strong arts and culture infrastructure. WHEREAS the City of Santa Ana supports the creation of a distinct cultural destination and a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana the City of Santa Ana; and WHEREAS, the City of Santa Ana is developing a Santa Ana Downtown /Transit Zone Complete Streets Plan to create a more walkable, bikeable, vibrant and healthy environment in Santa Ana's Downtown; WHEREAS, downtown Santa Ana is already a destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter 'Wellness Goods and Services'); and WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana; and WHEREAS, the residents of central Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease, and higher propensity to be uninsured in comparison to other Orange County residents, which increases the public sector and employer costs for health care provision; and Last Modified: 1/12/2015 WS -A -63 Page 1 of 5 ATTACHMENT WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and seek safer opportunities for commuting or recreation; and WHEREAS, the residents of central Santa Ana only buy a portion of their household's Wellness Goods and Services purchases in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown, and have been organizing into groups and committees to advance wellness initiatives such as the Wellness Corridor along 4`h St, Santa Ana Building Healthy Communities Equity for All Workgroup, Santa Ana Business Council, Familias Corazones Verdes, (etc); and WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the city of Santa Ana not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of affordable, quality prepared food in their downtown areas; and WHEREAS, the City of Santa Ana is already in an exclusive negotiating agreement with St. Josephs Hospital and Taller San Jose to establish a Wellness Center in the downtown; and WHEREAS, other North American cities have successfully applied a 'Wellness District' strategy for the renewal of their downtown areas, based on partnerships with hospitals, employers, downtown retailers, property owners and developers, and resident associations, thereby improving quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that in particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households. Through the Wellness District strategy the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown. Last Modified: 1/12/2015 WS -A -64 Page 2 of 5 ATTACHMENT Therefore, the City of Santa Ana further resolves to work in collaboration with historically community based organizations that serve Santa Ana residents, Santa Ana businesses and residents of the surrounding area to: A. Implement wellness policies in planning and economic development: 1. Create an equitable, inclusive economic development plan, as called for in the five -year strategic plan that is driven by the needs and vision of underserved resident communities, that focuses on supporting Santa Ana residents, local businesses, workers, youth and families, and that creates opportunities for anyone to find affordable housing and support themselves and their families in the City of Santa Ana. 2. Perform a Health and Wellness Outcomes Assessment to set a baseline for conditions of residents, businesses and organizations in the area, monitoring the success of the Wellness District strategy based upon improvements against this baseline. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to active programming of healthy recreational and cultural activities, incentives for businesses offering wellness goods and services, and incentive for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Implement health policies in economic development in line with health in all policies. 5. Implement strategies for Santa Ana residents to remain and thrive in Santa Ana while minimizing the negative consequences of development such as increased cost of living in housing. 6. Engage the vendor community to ensure that plans, policies, and street design are inclusive of their contribution to servicing low income residents and their families as well as downtown employees and visitors. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 7. Adopt the name Calle Cuatro Marketplace forthe downtown 8. Support the following community- organized events to further establish the distinctive Latino character of downtown Santa Ana and to promote health, wellness and culture by waiving the municipal charges and fees associated with public space usage, including waivers of street closure fees, security costs, and liability insurance requirements, and the permission of flyers, to support the following events% a. Dia del Nino, April b. Dia de las Madres, May c. Dia de los Padres, June d. Festival de Quinceneras, August e. Fiestas de las Americas, September f. Noche de Altares (Bonn Pchum Benh /Teet Doan Ngo), November g. Dia de la Virgen, December h. Christmas Parade down Main St ( South Main Merchants)December Last Modified: 1/12/2015 WS -A -65 Page 3 of 5 ATTACHMENT i. Posadas Navidenas, December j. Reyes Magos, January k. International Food Festival (Multicultural Event) Open L T& Festival m. Exercise and dance classes n. Organized walks, runs, and bike rides o. Harvey Milk, OC Pride p. Other events reflecting culture and wellness 9. Implement infrastructure improvements that promote walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along 0 street from Ross to Grand, a street promenade on Sycamore between and 5`h, and permanent route place makers and wayfinding as recommended in the Wellness Corridor plan. a. Organize a robust process for developing the Capital Improvement Plan by collaborating with the community to adequately define the criteria that prioritizes projects aligned with community needs. 10. Ensure that the Arts Master Plan for the downtown corridor gets shaped in a participatory process between the city, the downtown liaison, arts commission, local artists also involving the various community serving organizations of the downtown, local businesses, and Santa Ana public schools in the vicinity. This Master Plan ought to be aligned with the infrastructure and beautification needs of the Latino serving downtown businesses. a. The city should develop urban, architectural design forums for certain areas within the city that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community - serving sites in and surrounding the downtown: 11. Designate the parking lot on 3rd between Spurgeon and Bush for community- organized programming that encourages access to affordable, culturally relevant wellness goods, services, and overall experience. 12. Over the next three years, transfer the title of vacant sites to be established as a network of 5 micro -farms to increase the access of underserved communities to healthy food options and to food production, under the management of a new SABHC - Community Development Corporation. a. Begin with a pilot by providing a long term lease of sites 1222 E 4th St & 1221 E 3rd St to Santa Ana Building Healthy Communities, until the title can be transferred to SABHC- CDC. 13. Designate a City owned site or property in the downtown to be a Latina mercadito under the ownership and management of a new SABHC Community Development Corporation. 14. Create an office of immigrant affairs in alignment with "Cities for Naturalization" as a service that supports Santa Ana residents. Last Modified: 1/12/2015 WS -A -66 Page 4 of 5 ATTACHMENT D. Implementation 15. Legislatively create the Economic Development Task Force, so as to allow it to be subject to the Brown Act and thereby permitting the notification and participation of hard to reach audiences and underserved communities in economic development planning and implementation. 16. Allocate seats on the Economic Development Task Force for small businesses that historically serve the Latino community, community- serving non - profit organizations, representatives of organized labor, and representatives of resident led community groups. The SABHC Equity for All Work Group will be formally invited to participate in the regular meetings of the Economic Development Task Force that advises the preparation of the new economic development strategy, including the Wellness District strategy. 17. Revisit economic development recommendations or decisions done prior to additional appointments of the Economic Development Task Force. 18. Work with SABHC, SACReD and Wellness Corridor SC to establish a Health and Wellness Committee as advisory to the City to oversee planning, Implementation, and evaluation. Similar to the state's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 19. Within three to six months, the head of each affected agency (list agencies) or department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired actions by the Council. Section 2. 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 the Resolution. ADOPTED this Last Modified: 1/12/2015 WS -A -67 Page 5 of 5 WS -A -68 UA0rdN]nIAlll2101i! Wellness District Resolution Reso Resolution Language City Response No. 1. Create an equitable, inclusive economic The Economic Development Plan which is tentatively development plan, as called for in the five -year scheduled for award in February 2015 will create said plan strategic plan that is driven by the needs and vision for the entire City including the downtown area. The plan of underserved resident communities, that focuses will include a process by which the community and on supporting Santa Ana residents, local stakeholders will provide input. businesses, workers, youth and families, and that creates opportunities for anyone to find affordable The creation of this plan would be inclusive of the needs of housing and support themselves and their families all residents, businesses, visitors, as well as the retention and in the City of Santa Ana. attraction of new business. Affordable housing is being addressed through the Housing Authority, the recently adopted Adaptive Reuse ordinance, as well as development projects such as the Santiago Lofts, Vista del Rio, etc. 2. Perform a Health and Wellness Outcomes Connecting with local health coalitions is a strategic way to Assessment to set a baseline for conditions of support community health outcomes. To that end, the City of residents, businesses and organizations in the area, Santa Ana has participated in Latino Health Access's monitoring the success of the Wellness District Wellness Corridor community workshops. As a result of that strategy based upon improvements against this process, a baseline for conditions was identified. baseline. Health and wellness related to public health is a function of the County of Orange, which already tracks many factors that would be incorporated into a similar assessment. The City's 5 -Year Strategic Plan outlines the City's commitment to "Community Health, Livability, Engagement & Sustainability" as Goal S. Objective 6 specifically outlines seven strategies related to health: "Focus projects and programs on improving the health and wellness of all residents." The City Council has also emphasized the importance of performance measurements as specifically addressed in strategy 5.6.d related to the implementation of health and wellness programs being based on quantifiable and meosureable data. A citywide Health and Wellness Assessment requires the identification of funding. 3. Implement strategies that ensure development The Strategic Plan addresses strategies related to active aligned with Wellness District Principles and programming and recreational and cultural events. approaches, including but not limited to active programming of healthy recreational and cultural The City of Santa Ana provides incentives in the form of activities, incentives for businesses offering Community Development Block Gran tfunding. $340,000 wellness goods and services, and incentive for was made available to nonprofit organizations for the businesses committing to longterm provision of provision of public services which provide a benefit to low - good jobs, affordable housing, and economic and moderate - income persons and which align with the stability for Santa Ana residents. following City of Santa Ana Strategic Plan Goals: 11Page WS -A -69 ATTACHMENT 4 2 1 P a g e WS -A -70 • Community Safety • Youth, Education, Recreation, or • Community Health, Livability, Engagement & Sustainability Additionally, the City of Santa Ana's WORK Center is committed to connecting local job seekers to good sources of employment and vice versa. While the City of Santa Ana and cities in general, oversee land use via a zoning code or ordinance which broadly designates appropriate businesses categories and uses for each parcel, private property owners control the specific tenants and business uses. Any financial incentives for businesses take into consideration the economic impact. 4. Implement health policies in economic Economic development can produce healthy outcomes by development in line with health in all olp ices. investing in education, active design ( "Complete Streets "), transit oriented development, cultural and recreational programs, the provision of open space, and local food access. Incorporated into the City's Strategic Plan is 5.6.f "Incorporate health, wellness and equity into all applicable policies and plans (e.g. General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.)." 5. Implement strategies for Santa Ana residents to There are four strategies that 'facilitate diverse housing remain and thrive in Santa Ana while minimizing opportunities and support efforts to preserve and improve the negative consequences of development such as the livability of Santa Ana neighborhoods." This includes the increase cost of living in housing. City's Housing Opportunity Ordinance. The Strategic Plan outlines strategies specific to job training, and services for residents. This includes senior programs, youth programs, and the "Santa Ana Buy Local Plan". New development opportunities will help current and future residents to live and work within the city, such as Adaptive Reuse. Educational partnerships are focused on supporting educational attainment which then correlate with higher income and housing opportunities. 6. Engage the vendor community to ensure that plans, If referring to general vendors and all enterprises doing policies, and street design are inclusive of their businesses with the City: The City approved the Sunshine contribution to servicing low income residents and ordinance that provides specific criteria for certain their families as well as downtown employees and development projects, which has provisions for community visitors. meetings. 2 1 P a g e WS -A -70 ATTACHMENT 4 31 Page WS -A -71 The City also has design and material standards for various uses and zones. The City's Citywide Design Guidelines, Chapter 8 refers specifically to Downtown Development. 7. Adopt the name Calle Cuatro Marketplace for the Cities and municipalities do not generally assign Downtown neighborhood names, they are often organically assigned and /or promoted via marketing and branding efforts. Downtown merchants, residents and other stakeholders may come together to brand and market the area. It may be advantages to finalize this after development and approval of the Economic Development Plan. If the City were to pursue a Branding Study, after funds have been identified, a consultant would need to be hired to perform surveys of the community and involve all stakeholders including residents, businesses, renters, government entities, artists, etc. 8. Support the following community - organized events Fees associated with any special event are to cover to further establish the distinctive Latino character administrative cost and real costs for events. Public safety of downtown Santa Ana and to promote health, costs are usually the highest. As a basis of comparison the wellness and culture by waiving the municipal following is a list of events and Police Department overtime charges and fees associated with public space costs for 2014. usage, including waivers of street closure fees, security costs, and liability insurance requirements, • Cinco de Mayo - $30,685 and the permission of flyers, to support the . Taste of Santa Ana - $810 following events: s OC Pride - $8,411 • City 5K- $15,620 • Fiestas Patrias /Parade - $36,246 • SOMOS - $30,290 • Noche de Altares - $8,026 • Immaculate Heart Posada - $2,408 Event costs not noted such as traffic control and additional staffing are added to events as needed. Funding for these fees would need to be identified in some other way if they are to be waived. Removal of liability insurance requirements would place undue exposure to the City and the event organizers. Any claim against the City would then be borne entirely with public funds. Given the volume of Downtown events, flyering would create a disproportionate burden on our waste management and clean -up services. Street closures are already at an all -time high and have been the cause of complaints to local businesses; a careful balance must be struck. 31 Page WS -A -71 KI 10. ATTACHMENT Implement infrastructure improvements that promote walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along 4th street from Ross to Grand, a street promenade on Sycamore between 4" and 5th, and permanent route place makers and way finding as recommended in the Wellness Corridor plan. Organize a robust process for developing the Capital Improvement Plan by collaborating with the community to adequately define the criteria that prioritizes projects aligned with community needs. Ensure that the Arts Master Plan for the downtown corridor gets shaped in a participatory process between the City, the downtown liaison, arts commission, local artists also involving the various community serving organizations of the downtown, local businesses, and Santa Ana public schools in the vicinity. This Master Plan ought to be aligned with the infrastructure and beautification needs of the Latino serving downtown businesses. The city should develop urban, architectural design forums for certain areas with the City that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the City's heritage and cultural identity. 41 Page The City cannot administratively waive fees. The Santa Ana Municipal Code outlines a Master Fee Schedule which applies to all events and event organizers. To provide equity, any waiver of fees should be citywide and not area specific. In order to waive fees, the City Council would need to adopt an Ordinance that provides for the waiver. This could be introduced by the Mayor or Councilmember as an 85a on the Council Meeting Agenda. Upon direction from the majority of the City Council, staff would then draft the Ordinance for approval by the City Council. In collaboration with Ld,&no Health Access, Building Healthy Communities, and various City Departments, the City of Santa Ana has made a commitment to promoting walkability /bike - ability in Downtown Santa Ana. The Circulation Element of the Santa Ana General Plan serves as the City's blueprint for active transportation planning and ensures opportunities for travel by modes of transportation that support health and active lifestyles. The City has recently hired an Active Transportation Coordinator and has drafted a complete streets plan specific to the downtown which included a public process comprising multiple community input sessions. The new Safe Mobility Santa Ana effort, addresses this issue citywide and ensures that safety is seamlessly integrated into the various plans the City is conducting, including the CIP. The City is committed to providing the community with multiple opportunities to provide input and be involved in the development of its The Arts and Culture Commission is currently reviewing the RFP for the Arts Master Plan. To the extent that the RFP development must remain an internal process so as not to provide vendors with working copies until it is finalized, the City will go through a thorough review process. This master plan will cover the entire City and not solely the downtown area. The plan will be inclusive to represent the diverse needs of the City. The City currently has a variety of design standards which ensure quality and promote aesthetic standards. These design standards pertain to all locations in the city and often to specific types of use. The City of Santa Ana's Design Guidelines and Development Standards is the result of a comprehensive analysis of the City's existing design and development guidance documents. The Guidelines contained within the document, which can be found on the City's website, consolidate the City's discretionary review documents and provide supplementary design guidance for issues not explicitly stated in the Santa Ana Municipal Code. WS -A -72 ruUT-43 NMI iMarIE I 51 Page WS -A -73 The downtown standards specifically address the historical architecture and preservation of aesthetics to the historic buildings. 11. Designate the parking lot on 311 between Spurgeon This parking lot may be reserved using the Permit and Bush for community- organized programming Application for Special License for Use of Public Property. that encourages access to affordable, culturally This form is currently used for such events as the Art Walk, relevant wellness goods and service, and overall Farmer's Market and other community events. The 3'v /Bush experience. Parking lot is specifically listed on the form as an applicable location. The City and merchants both have needs for parking in the downtown for general purpose needs and also the City Council approved Valet Parking Program. 12. Over the next three years, transfer the title of Santa Ana Municipal Code sections 2 -706 through 2 -710 vacant sites to be established as a network of 5 provides for a public process to dispose of surplus real micro -farms to increase the access of underserved property. The City Council has to first identify the property as communities to healthy food options and to food surplus and the public works director begins the process of production, under the management of a new listing the property for sale through an auction or listing SABHC- Community Development Corporation. with an agent. There are two exceptions for property adjacent to another parcel where the owner of the private Begin with a pilot by providing a long term lease of parcel makes a case to purchase the adjoining parcel or sites 1222 E 4'h St. & 1221 E. 311 St to Santa Ana where the city desires to sell the property to another public Building Healthy Communities, until the title can be agency. There are no provisions for "giving the property transferred to SABHC -CDC. away "for less than fair- market value. 1222 E. 4eh Street and 1221 E. 3rd Street, are currently vacant lots as part of the Grand Improvement Project. The property was purchased with TSIA and Federal Transit funds. The City would need to repay at current market value or reuse those funds for a similar transportation use. The proposed use would not be an allowable use of this parcel.. 13. Designate a City owned site or property in the With the exception of right of way, parking facilities and the Downtown to be a Latino mercadito under the Grand Central Arts building, the City does not currently own ownership and management of a new SABHC land or buildings in the downtown. Community Development Corporation. The City is currently in the RFP selection process for a development project at the 3rd /Broadway parking facility. 14. Create an office of immigrant affairs in alignment The City does not process immigration requests as it is with "Cities for Naturalization" as a service that preempted by Federal law. supports Santa Ana residents. 15. Legislatively create the Economic Development At the direction of the City Council to make such a change. Task Force, so as to allow it to be subject to the Brown Act and thereby permitting the notification and participation of hard to reach audiences and underserved communities in economic development planning and implementation. 16. Allocate seats on the Economic Development Task The following is a partial list of members. This list represents Force for small businesses that historically serve a various range of members. the Latino community, community- serving non- . Santa Ana Merchants Association profit organizations, representative of organized • Orange County Business Council 51 Page WS -A -73 ATTACHMENT labor, and representatives of resident led . Santa Ana Chamber of Commerce community groups. The SABHC Equity for All Work • Hispanic Chamber of Commerce Group will be formally invited to participate in the • Vietnamese Chamber of Commerce regular meetings of the Economic Development Task Force that advises the preparation of the new The public is welcome to attend these meetings. economic development strategy, including the Wellness District Strategy. In an effort to enhance the City's current economic development efforts and provide guidance on the new Economic Development Strategic Plan (EDSP), the City formed an Economic Development Taskforce comprised of key stakeholders throughout the City. 61 Page The Taskforce will assess Santa Ana's competitive advantages and develop a set of recommendations for the City Manager to review as various policies are brought to the City Council for consideration. The Committee will also be asked to evaluate and provide guidance on issues such as: • Current City fee structure (business license and permitting costs) • Targeted business attraction and retention strategies • Regulatory policies affecting business and industries in the City • Streamlining business processes • Small business advocacy • Maintaining a "Business Friendly" approach and standard The City Manager received direction from the FEDT Council Committee to provide a list of recommended stakeholders for each Councilmember to select taskforce members. The Mayor and the City Council each provided their top selections. Below is a listing of the ED Taskforce members that were selected: • Mike Balsamo, Building Industry Association • Sharon Barlow, Santa Ana Merchants Association • Ryan Chase, Downtown Incorporated • Lucy Dunn, Orange County Business Council • David Elliott, Santa Ana Chamber of Commerce • Reuben Franco, Hispanic Chamber of Commerce • Parker Kennedy, First American Title • Justin McCusker, C.J. Segerstrom and Sons • Carl Middleton, Northgate Gonzalez • Tam Nguyen, Vietnamese American Chamber of Commerce • Adalberto Quijada, Small Business Administration WS -A -74 ATTACHMENT 7)Page WS -A -75 City Manager will request Raul Yanez, President of the Santa Ana Business Council be added to replace the former President on the ED Taskforce. 17. Revisit economic development recommendations Recommendations made by this or any other committee, or decisions done prior to additional appointments advisory group, etc., are simply recommendations that are of the Economic Development Task Force. ultimately at the discretion of the City Council. The Task Force has made three recommendations to date: 1. Develop an Economic Development Strategic Plan and hire a consultant via competitive process to draft the Plan 2. Hire three (3) additional Senior Plan- Checker Engineers and one (1) Senior Plumbing Systems Specialist to reduce planning and building lead times from 63 days (current) to 15 days (best practice), and make the City of Santa Ana more business friendly (approved by City Council November 18, 2014) 3. Hire new building inspectors (1 senior combo building inspector, 3 combo building inspectors, 1 permit processor) to ensure next day inspection. Next day is best practice; City currently takes at least 3 days. Approved by City Council on Sept 16, 2014. 18. Work with SABHC, SACRed and Wellness Corridor The City currently operates under various planning and SC to establish a Health and Wellness Committee as advisory committee%ommissions. Members are selected advisory to the City to oversee planning, and appointed by the City Council. Functions described are implementation, and evaluation. Similar to the currently being incorporated by affected agencies such as State's Health in All Policies task force, this Planning and Buildings and Parks Recreation and committee will support in performing Health Community Services. Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 19. Within three to six months, the head of each The City currently reports monthly on the Strategic Plan and affected agency (list agencies) or department of the copies are available on the City's website and monthly as City shall report backto the City Council and the part of the Council Agenda packet. Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned and any desired actions by the Council. 7)Page WS -A -75 WS -A -76 c 0 Y Ln 7 0 Z Y Q � N N d Q c 3 lll hLl H c � CL Ln ZI S 3 0 °¢ 30 W C N O :4, ,C W O V h h a G C Q 'a O p• ° a.. a i G O O a.. +-, G W N h c E E e a c o o c U Q. ° Y_° O O E N W L 'O -0 Z2 n W U O V G = NI Cl ate, a G Qj Y `ti 7 p p_ N 6 h C> a p h '° a 2 vNi C1 i O W Imo- OL t O v°i a a o O O p 0 O _e b -r3 V t U y° N• -O� a Ot o OLr) t 3 o t A a 't, s a = o o E° (U t° ° >o E ` 3 O N Q . � a 3 'G„ 3 U> w w a o o U S 4 a o. G rn° ° w o v p v ° �O a y N °U w N l +. O G a = 2 O N a CL i� a •a o U o u o 3 c N° `i `o. o c w o' U c a = N o v 4 a 3 a w Y a zU 0 o i a= `� —°° O N ° N° ° O O O °i N W h U = t C' >. ° p 4 C 3 N J° a.. 40, W W° O N° G O h N O N n is kn ° -Ei O W O Ot p H .0 N U¢ O p D G a E E O O. p d Z3 N a tm °o, a 'd v o v U o' U E w o o u h a° iG c ¢ 2 h �° 3 x 2 3 °u 2 v� : '� ° -O u > c O + C 4 N o " v N y > m ° c C 'o w in O v C 0= U E O O �± t0 L U u Y OJ N O N- C E N N Q Y U N O ti 'v o L L ai rEa >- c O� E E C O O U) 16 � U! YO V O d J W U L .> m N E v -O y Q aJ+ C C Y C N O E = C° Q' N O C O Y a E c° a - N C o m> J v i U E 3 o E 3 c = m N c N N v N m v J O C T O) E _ O CL d O v U Y U N J J wL+ C C w L N N 0 K -C; N lll hLl H LO Z W 2 Q Q •� bu a a `w (U N t o j a dt i a° a N N ao.v.WG N d a a s co d y p U y v O h W t c w °y v i N p h N 0 c N j : N d d N 41 Ln 0 0 0 Q O Oi Q p° '� W a O a 0 c p o a E N o° 3 w o o a cr- oj zi EX r3 m a W v h a O Oi a p° c N .cc N O .. 3 v n cs a o a a O c' U C N a w o > ZR t i ,a = v 7 c .= o c o= -°1G $ a c s> > o c= o ++ U a In ++ N> N N� a1 w• N Q v E v E a N CN`1 0 0 a j `ti Ot N c° v 0 c pn a V N N 0 O O a. � i cr v ZI ,a>, a o o a u o, a Y w c N° v cm a a O a ° . U -° O i= 3 N N 'N Cl a. C N Q N to G c> N U N O a, O ° N N W W E N ate. O V Y c .� > '� r3 CL va°N CL E w a o= v° L v v vmW a c o° at s c o a s v a_ h m o `^ 'a "= °- o n a, a° v o� `o e 3 3 a` o cx a $ Q o °u' w W C "� a 6 0 v N C to o Z y U CU N c S3 c `ti O C ¢ N .� t Q c- a E Q ° .Ua U °� '`�' 3 � w '`-�' Z 'a a U C v o 0 Ln 0 eN'o a c m E ° o s Cc, s o c a a E�Z3 E ° °= 6 v " a o a o ' °o L'n v° N a U W i Or 3 ;6 N j C U O O p a U O • • • " i` V °� N "� 'v, v as a L v w'a v v uv G a r w a E w w a 0. Ln o ¢ u 0 3 '0 3° o ¢° N Y U L a 6 'O O N 1] =I N N b N C N O U bU _ C m v N N E O O O> u N C C A 0$„ N N Y N N c ry U! U .a C N O > O C i s 3 3> N a E m v v o > Fu p U C a0 NI b0 ° Q u m c > 0 C (b a Y o m =o = N C ° v+ Y N o N M' ;> Y N m U W-0 o c E E um c 3 c c E O N N C Y > a> .. C o- E . v yl E a m E a W °c u w o °u o N a u m •� bu a a i ■ f U = N 9° = 0 O O v N G G C °a ^ c w N ' °i E aT3 c ° ° c° a o v of o c o B o a a> zi v o r u +G c G o o w v oN 3 w° N s U i N O= G N Q Q. OJ Q, Q OI W ° 3 � o °� Q' t OE° � o v N °° a i 0 3 01 N °� `w °° o" u Q a U a L o a a c o S > o c i '° o "= n° ° n n° W v a v ° v ° o h 0 o o a n u +° N 3 O C vi cu Cl a C Q U a y dt aN v. O. N C -� w '� �• °a c a v E w a o a C. 7 0 0 0 N W O Q y N aL.. a a v y +=� N U o u v, vNj N � jz a t ° U c a a w a ° c c w a v a O C C o a ti w Q p_ a3, 'N N L > W a rn N o v Q 2 ti 3.• o v o G c a e nN C� a Q G N N° C N -Q v � a �- c c 'S p j c e = 3 v °' ° a v w E c ri G c a � A y G a N Q C B ° C ,w Q U -° . O W •r>G . =N ° aNW ° > • N O a 0 O v o ° y o -r3 E Q E 2 'a n N `o c Q L a p o 0 G a ° o n> g o O c : a= ` a. G E N cn s a c 0 a h¢ 3 3 w w s 'Oa vai 4° c c E onv v on c N p� p E> C Y C U! v E m E E ml w c L v .v N � 3 w C W = O N L m E� O y -OC 0 o C C •? O N a O Q m Q c -p H c0 p Y p u° o 0 Y Y 0 v C j N m u N N vyi U v W 'W v 3 O t s y -> t4 o 3 > L > N > o° m u v a c w v c 0 3 v u k6 -A-/U - y cn m a m LO H Z W 2 rU r Q U1 OII ro d a 3 += S a m o c o. -> o¢ 0 0 M a$' 'E n° v w v .o o C PW N .. ° c u W o` Y o a u F° s a¢ °a ° `v" t3 Cl a n N o . v° CL Z °n ❑ o 3 v v c a m o, o c u o +-' s o 3� s i c o, u p 3 v o a u N c v > c p p V) v o a o v o 3 o v a t3 0 a c a v. c v a o 'C ° -va S e o " o � ❑ E a° o •a = E p -°c v c,•s.• w L ¢c a a e n v o v w °c °o, v a o o a o a c a > r. a v CL w 0 00 a❑ s °i ,c s a 3 +. C3 `r n °' w 4 c o U v a a v v c° v 'o a t3 zv o o o °: v o° a c o ° v w o n o v' ts N a o v 3 E v E Q p O c p s e w o o o v a a c v n c v 14 v a o c `o > c '° o m o a z v s a �'° o a w o° o v a 8 °> a 3 0 o a a a i u c a v v vrn °c a s a v 0 Z 3 a a° o h O � = v E 3 v a v 4Z o e � E v O rn O o a v a e� �O a o ❑ i a v v s a ao °-�_°c o no $'� �_°c `v Z v v v +-, V v a o a �, b y °� e o Y° `p w° 3 a o-a o° u` a o '�. E ° v v 'o 3 i v = v o° N w U ti o U Z a a, `w i N ,�, ❑ O o h p .,°..� CL z O C3 n L y ," v, c E O c ❑� s.. v v a, °i b a n v a 'o h E w o. n •••••••• m c Q) -c w a E o h w o 'O U) '" `U m L U Y 'O C -O C C O O C L i m m m o m O E .- a -° c > o Ul m `° Y m •= •N o m c U U_ ,� O m N u u —_ O m J m c m c c m •c p .� `� 0/ —� Y c Y -a v w Y v - u L Y Y r Y c m m u0 a m '° p L 0 w m m c m 3 u U) �) L '� � •G C O� C C C D A U1 N w Y ° Y Y� Y CC m O .n m U m O- O m 4; O N N O V1 U LL U J cc C Vj aj m Y w 06 U1 OII ro d a Z W U Q v a ii 0 0 0 I c° w o a v E a Oi y W N -O Ot `ti N a G a O O ° G a i �. n O m v c u O O E O o h N vv�Evovoaa a. 'TZ (3 V l G = p .G O O. 0 s .w o N o c)� a w Oj v o v 3 c N o v L� c o a $ o o f •� r e o c o v on h w i 0 o `w v c 3 u OO ¢ d o o v 3 0 U S W'n N ° UO. G O ,1 Q O U C t h Q yp vim., i s c c 3 w c N� 3 O w a v v c c N a i cam' ° v o= o a° 'G a w 'va a = w n cc, o. t °c u G1 N 7 O O N Ot 'a+ O 0 3 i i= G -a j O❑ E y W U l 7 O U V� O Ot O a C U Y G O U O o a o o p c E Y U° O O O a QL t y h v a` 13 °v ° c o •° n CL o � . -o CX v s , 3 c¢ o w w oe = Q o CL U a c E o v M c o N a ¢ v o a w o o 3 a ° N N" v o O v, w o V O N W ° �, W o U ¢ 7 w N '° u _ o S?, c U • U o Q �' i •I m a a N Gov o 3 1 c o c E o` 0 'v 8 i7 N° 'm o p o o v v o o o •� O rc o. o ,o L7 u E o o a v a t o I- �n �n o H 3 O o o _ 2 o. a t F- a t: a¢ � � c Y ? L Y m � dl CL ci c '�.° v E O 3 c 3 c v E bll >% O Y N -O Y > o , ° 10 -°'° E O U O C L a u— E- O W O i w C VI O v V `o LA G O O N v E -a C E w -a 0 L j •� Y Y a (4 - YO tnl 'O L a0+ N C ~ w Y N C C C U! a Y 7 0 O O O C O� �+ Y wwwbD j E m ;vE33a a m D, v 3 a s o—' y E a N= m N LL a iti 0 m V1 Ol v a ii LO H Z W S U Q r tlq m a LO c G w N O N a vi pNj c 3 .O N y„ LL r w CC at 3 a u OL p° a y c s w❑ C L O c °.i n v $ a $ m N n i s tm a k a O U_ w O C Y W Vp L w � � Z �" c v v U dl � G a N N Z r ❑ C a a O C ++ E N W w a s e 3 3 u N w c 3 4i GO 3 Z3 01 U h y E G y a o _o Q 3 N E a O C .a 3 aw.. 30 -ww a N a a .c w p o= -`o N N o = I ` 3 o a* B u o w G rn 3 w o V _ a a ° c h p c e F° E w c h' c a a c a N a 3° w a i z v° i e h H G o u v a yI- v a o w? e a E o a v a v w =- `w o uk F° a N s c v t E s N E o °' a s i. v o e e i a •O- u ~ a ° O y O O cc G O W U O O °° O C,� U u O a W C Q _ C c w U E d U 3° .N E a C w O G c at s s a i' �-' N G Q O C '_^ S i� ¢° O� 3 O= ° n a O N= U L G v N N c W ° i "-� vj E= W O w U a Q G .. w u❑ p n ,� a w N ]. O N z : '' n 'o 3 N 'Oa c v O a w n ❑..N. O w U° C n G '+�'' O N Q ,+�, 0 w e ._. oc v 3 o �. U O a ... v U h° w e v w w c i w c -wc w❑ .. C U N n a W o o E O N 3~ c v 'N c On C O= o w° w of U a E E° Oft C d w❑ i w w U N �i O E w N W° c w N �l N❑ Qjj i°n w U 0 i O C Ol p IF W U w T3 n S o a O ° t N n n I- q u a a s N w w Y C c v u a� c 3 t o v« H w L L -O O N U Y J? UO 0 o> u a cu o o sI w 3�1 E L V` N C _❑ O w L ❑. Y= C L E D- U v J t0 w Y w a m .YL' �' > E Y 3 0 O 3 o "O U d O N O ±' E ,Y U N N wo O w �+ L E N ❑. v :L ;, '^ r '^ a w UI Y o m N u t, �p p J w J o w w 'a r o m o- r L c v m O O �jw N m QI m ° E NI w L❑ (O a o Y f0 C m w Y .? Y N L =_ w y C N 1N/1 e pn�Il H O E Y m Y E C w C C E C C !' w Y UI hp E 4'-! L O UYO O. y Y E N 3 N _I O E° OOO N C bD f0 w VI EO VYI Y o m 3 u O C .GI O -❑ L Em O J 05 V - w L w -❑ O C w w L U u w Y N m_ u m F u m m 0 tlq m a LO u� H Z W 2 U Q r N 2 Z. c = 0 -we ¢ o G a R Ot a G u C w N a o w v, o Q 13 ° o° a °i c w w o,L w U i� 0 c m(U a^ �a E ° o ° o y s.. c ❑i i M m c U o a w �,-Q wa mw =° o c == E_ n a c o .o c E w y O c w w a 'S a o p a y o'C ac i,awvhp' w a °Sc��3h c L °o c o c o v 0 _ °u' S o n .o a a „a a a ._ ., a V o v S c Z3 ❑• ❑ h a > > w a N w w a = i G L= j a j N w W +., U L a w U a. L O o y❑ °c N O a a L y a= 0 W v p y❑ U G LL a° 'ya o o. °° `ti v a o o 3 °i `o 0 o .c a w o a tm •a w c e ^� a Y` o° cx ° ' Y o °' � a v a c c w o° +y., <n 3 `ti w a s 4❑ L h > Q y a❑ a.. c o � ° N L a D_ L �•' U '` a a w 0 0_ Q .4, N= L E a W-8 w G a w Yw 3° L Q v u w— a w L 3 a w ❑t ]` G m G 3 G O a o, \ ° o. w a, c Zc w o o � w °� o v hh n� ° L U G v a O ,a 3 C G s o� o v a c a N o C p �. ❑ O, U Q 0= O. 3 y t C G°❑ v ~ O~ w -°C CL a o V° _ w v ti Q o° G a. G w aZ a 3 0� •� � C e 'o � °, o U c 'S a �. s v 3 °- •` �' �, d o o ,' b o a O U Z `o O❑ Q❑ U O a, a y>., Q 0 N Ot k— O w �. 4i a. a n sw„ a c o w cw, v a c a N a a 3 L L G° v, O Q w -wG = 0 O W° W 3 0 0 Of ° N O -wG O a p 0 O t- ¢ a ❑ u �, F- +. 1n y a .0 s +, +, n u v o a. ti > E u a w E O a O u N v 0 A w w > y w w C ry m w C w C 0 0 E O 6 N — E o o N m' w 3 .,_. yw .a O m c v o Oa E Q E G � w VI N M h M M M VI M M N M VI Vl VI M N N C N t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N E E IU Y E Y Y Y V Y Y Y Y Y Y Y Y Y Y Y Y Y Y w O 3 ca ca co CI m m m m c0 c0 m m m m m m m Y O U_ w '� E E w M N N N Vf M VI M VI N M N M j L f M N O > N w v v O v 01 M N N l0 O V 00 O V 00 N lO E O1 'O v O N N .-i .-i ♦-I N O O O N .-1 rl m M m -' -4 O_ U v; N .--1 V V ti N V m m m m m V v v v v .4 N e-I r-I N 2 Z. \ \ \ < Li 3 rQcL \2 %\ U ol QL - \ \Q \ \ \�\ \)) } \ \\f /) \ 2K § =§ ®:B ®3 6»kIm[(2 2 2 )i\ \- z ( [ 01 0 r C3 Q. \\ \ \ � \�\ts IX . cu \ E ^2t Gff \\§ /\\ }\ \ \,0 . {})\§ } \)k {§k / s±a 0 a aaa {,c\k0 ) ?ka(Da) ----- # #l,ammy2 ' 0;\ /) }q' ---- j\0000wm\jj\j $ \\U > LO \ \ < \ \ \ ca %3!2 2\ \\ |Ek�r © ® =r -0 \( {�\( \ \ \\�j\ ®§)\`] ®et °«\@ }()6 %($ N :tfLU /§2 \� ®ts mtz;em;G,z « =:E |2« {s�a@)!§E A \ {\\\ \ / �®) «aa7\f k\\ S / \27&Z CL . �k @2£j[§)y%e($)at�;= )\2rLnCL J §k6$«CL. w � I \� 01 ƒ§7 t]f cr ) {)[ } \ \\\ 0 \ \/ )J2( { I \){ )0 / )) Af§ ida» CL \ j /( )[ #) � I \� 01 ƒ§7 t]f ) {)[ \\\ 0 \ \/ )J2( I \){ )0 ,E§. Af§ ida» � I \� 01 $ NO p § Mi { )§ \@ 13 Q 13 } \& C3 cs - U z 0i lu (- - ti - \ e { /(t\ }) 2 4,25`©§ § 3 Z3 22 3 * ),�) \ k \�)(�) ) ~— w _ }{ \( ) ( / ® � ` _ - ) \A� \ \ § o \»Z° »& Qj » )) \\\ § \\ ) } - {\ — \ \# \ \£t[# } \ CL / ® ®k� \\ 2 {] §]a( } { §-� \ »'amen= tt\V3 \ \)!) ƒ\ \ \(�\ \\ ) } \/) «ta ' ®f``k ..... QL \ ~ » \ ![@( Mi i ■ r C W&MAMOOYA v A d U y Cul �� G 0 CNI E w h d) �. O G 4� •'O U O d ° u a ewi Q a as a c G G y ta. w 3 e e a y lz L= j +2 ,•L�i .� a� 0 Q °� E m o f Q e t e a i p a p a = r U' i.+ G 'i+ L w L ii u cx 0 Oj In ts W wi= °u Q a s E ° h �_ O O a v O C g C C G �` 'G U N L w w Q m 10 a Q v a v o a G 0 ,�„ v owi N Z3 a o" =¢ a o 3 o G U¢ °o In ` o E a G- s o s L a a o v u a ti CZL m a 3 °c' c 2 i Z v Q p w O a -p VI O a �` z N O a Ol O U cm y w _ o 0 3 0 O `n o w � o S a c e E E ' w w w L w E O Gi G= a w G 3 _ " 41 C p N tj ° t3l w p� U a v m° m pa a w Lw 2 w °L = y a° �° o a '� ° o wL v v v G p ate. O i W C O d; U N °a O G E E E CIL -°= � C Q E N m 3 °u Nt" � ° u w N O L W u a U a+ G Y L 0 w L C •+ }' y O .y Y E C C E Y w O a C O O E O N w i o > N W&MAMOOYA v A d LO H Z W U H Q d N N a o U G LL Ci jZ Q O G U O G O E E c t� m > v v E a a a v° 3 o c a o �.� ❑�u'w ate. Q„ a° O U X C N> >. G E CL o o o w a❑y a v &..: r3, j cx `o ° •S c W °_ '° °i a W ro o o o U Q° v p v Q v v u m � o> > p° o a 'n t� a w p o o a V o .0 uu, G c o aa° �Eso,a3 o�v N O O a.. 'O G 13 °° v� W ° -° ° Z ❑� L c° .w N z a ate. \ W h ° y �_ a U❑ a❑ o o v G o v a °. a ? v w v a o v a G a ti a� a c c° c w° o a o v ❑ o '° c_ w �' a �. ° h° `a ° QL y= EX C31 'n o a `a 2 w v> ti °n o 2 a -a Q, ° o o v tea' va v vm a c w a N w v o -❑ o °h' as o CL a c N N aj w° y O b0 N> o y > m° N C 3 m .Q 'c v ' u m i c > E v @ E m n Y o v° N� m I E C O w O a L i m Y d > ..> Q U � .�.. v u N> V @ N Y m E N '❑ V° L .O C Y N U d �0 c m 3 a E m „ 3 w 3 fO v a °� $ a v c CL v d v r LO 6 ti ti d N N LO H Z W 2 U Q I— I— Q a c ° v a o +� a c v v c w a c a 'v � a � O v o y a � na c � p o N U C , a _ m � o L � a c v a r � Y � m w v = LL V E N O a v YO N V Y N c — N o E Y C +L C 0 O O ? O O u > Q 6 C C V O m u N WS -A -89 ap rz. M N WS -A -90 "IIETO.I`IWA OM RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH A WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, in March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including the creation of a comprehensive economic development strategic plan, supporting neighborhood vitality and livability, and promoting a strong arts and culture infrastructure; and, WHEREAS, the Santa Ana has a population of 334,227, of whom 78% are Latina; 11% are Asian, 9% are White, 2% identify as another race or ethnicity. Over 30% of Santa Ana households include children under 18 living at home. A wide variety of languages are spoken, with 83% of households speaking a language other than English at home. Santa Ana is culturally diverse; over 48% of households include individuals born in countries other than the US. As one of the densest, youngest,.and most culturally and ethnically diverse cities in the nation, Santa Ana's goals of engaging all sectors of our community in a meaningful way and of creating consensus are all the more important; and, WHEREAS, in November 2013 the Downtown Santa Ana Wellness Corridor was launched; and, WHEREAS the City supports the creation of a distinct cultural destination and 'a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana; and, WHEREAS, the City is developing a Santa Aria Downtown Transit Zone Complete Streets Plan to create a safer and more walkable, bikeable, vibrant and healthy environment in Santa Ana's downtown; and, WHEREAS, downtown Santa Ana is already destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter referred to as Wellness Goods and Services); and, WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and, WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana's sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana, that when combined with increased sales to commuters, visitors and new downtown settlers can be an effective strategy to re- invigorate sales in the downtown; and, WHEREAS, the residents of Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease and higher propensity to be uninsured in comparison to other Orange County residents, and which increases the public sector and employer costs for health care provision; and, Last Modified: 3/4/2015 WS -A -91 Page 1 of 5 ATTACHMENT WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and they seek safer opportunities for such active forms of commuting or recreation; and, WHEREAS, the residents of central Santa Ana only buy a portion of their Wellness Goods and Services in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown; and to advance wellness initiatives they have been organizing into groups and committees such as the Wellness Corridor Steering Committee, the Santa Ana Building Healthy Communities (SABHC) Equity for All Workgroup, the Santa Ana Business Council and Comite Familias Corazones Verdes, among others; and, WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the Santa Ana community not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and, WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of affordable, high- quality prepared food in their downtown areas; and, WHEREAS, the City is already in an exclusive negotiating agreement with St. Joseph's Health and Taller San Jose to establish a Wellness Center in the downtown; and, WHEREAS, other North American cities have successfully applied a "Wellness District" strategy for the renewal of their downtown areas based on partnerships with hospitals, employers, downtown retailers, property owners developers and resident associations, thereby improving the quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that in particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households while remaining inclusive of commuting, visiting and newly settling populations. Through the Wellness District strategy, the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown. The City further resolves to work in collaboration with Santa Ana residents and community based organizations and businesses that historically have served them to: A. Implement wellness policies in planning and economic development: Last Modified: 3/4/2015 WS -A -92 Page 2 of 5 ATTACHMENT 1. Ensure an equitable, inclusive economic development plan, as called for in the City's five - year strategic plan, that acknowledges and prioritizes the wellness needs and vision of underserved resident communities; that focuses on supporting Santa Ana residents, local small businesses, workers, youth and families; that creates opportunities for anyone to support themselves and their families in Santa Ana; and that allows for a health lens on economic development, in line with Health In All Policies. 2. The City will workwith the Orange County Health Care agency, local health systems, non profit organizations, and neighborhoods to produce a baseline assessment of health and wellness and establish indicators which will be used to measure performance and success in health and economic development outcomes. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to the following: active programming of healthy recreational and cultural activities, creating incentives and eliminating disincentives for local businesses offering wellness goods and services, and creating incentives for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Proactively develop and implement strategies for Santa Ana residents to remain and thrive In Santa Ana while minimizing negative impacts of development; including increases in the cost of living and other indirect catalysts of displacement. 5. Engage the street vendor community to ensure that the City's plans and policies do not impede and are inclusive of their contribution to servicing low- income residents and their families as well as downtown employees and visitors. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 6. Support the resolution Establishing "La Calle Cuatro" as the official and historical name of Fourth Street in Santa Ana, and the designation of Plaza Santa Ana as Plaza Calle Cuatro, affirming the name and branding of La Calle Cuatro and Calle Cuatro Marketplace. 7. Support community - organized events and programming in the downtown that promote health, wellness, and culture in the public's interest through establishing criteria and a procedure for funding scholarships to cover fees associated with permits and public safety for "temporary outdoor activities" and "special events" including in public and private parking lots. Establish an application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements that promote safety, walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along Fourth Street from Ross to Grand, a street promenade on Sycamore between Fourth and Fifth Street, and permanent route place- markers and wayfinding measures as recommended in the Downtown Santa Ana Wellness Corridor Strategic Plan and Downtown Transit Zone Complete Streets Plan. Last Modified: 3/4/2015 Page 3 of 5 WS -A -93 ATTACHMENT a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. 9. Ensure that the arts master plan for the Wellness District gets shaped in a participatory process among the City, the downtown development liaison, the Arts Commission, and the community's local artists, while also involving the various community- serving organizations of the downtown, local businesses, and public schools in the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification needs of the neighborhood - serving downtown businesses. a. The City should develop urban, architectural design forums for certain areas within the community that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community- serving sites in and surrounding the downtown: 10. Pilot a system of community operated microfarms under a cooperative economic development model by providing a long term lease to Santa Ana Building Healthy Communities three sites of at least %acre size from the following lots: 1145. Bristol St., 124 S. Bristol St., 410 S. Bristol St., 414 S. Bristol St., 119 S. Bristol St., 123 S. Bristol St., 402 S. Bristol St., 302 S. Bristol St., 306 S. Bristol St., 310 S. Bristol St., 314 S. Bristol St., 318 S. Bristol St, 430 S. Bristol St., 434 S. Bristol St., 438 S. Bristol St., 442 S. Bristol St., 446 S. Bristol St., 502 S. Bristol St., 508 S. Bristol St., 510 S. Bristol St., 514 S. Bristol St., 518 S. Bristol St., 522 S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St., 621 N. Spurgeon St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 E. 1st. St. 11. Identify property in the downtown, including right of way, parking facilities and the Grand Central Arts building, to be utilized as a Latino mercadito with opportunities for vending for Santa Ana artisans, craft makers, and other neighborhood serving small businesses. 12. Create an office of Immigrant affairs in alignment with "Cities for Citizenship" as a service that supports Santa Ana residents. D. Include all stakeholders and be accountable in implementation of this resolution: 13. As per resolution Establishing the Community Advisory Committee for Economic Development Planning, legislatively create an Economic Development Advisory Committee that includes representatives from stakeholder groups including business councils, local businesses, Latino and Vietnamese -owned businesses, labor, workforce development and education, nonprofits, and residents of Santa Ana. This committee will be tasked with providing recommendations on economic development planning to the Economic Development Plan consultant and to the council for approval, and it will be subject to the Brown Act, thereby requiring the notification and allowing the participation of the public. Last Modified: 3/4/2015 WS -A -94 Page 4 of 5 ATTACHMENT 6 14. Revisit scope of work of the consultants forth Economic Development Strategic Plan and incorporate recommendations from the newly created advisory committee that could support an accessible and inclusive outreach for the strategic plan. 15. Formalize the Healthy Cities Committee as an advisory group with defined representative membership and clear objectives to oversee planning, implementation, and evaluation of this resolution, and other city matters where they intersect with health. Similar to the State's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 16. Within three to six months of the adoption of this resolution, the Community Development, Planning and Building, and any other implementing department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired direction by the City Council. Section 2. 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 the Resolution. ADOPTED this Last Modified: 3/4/2015 WS -A -95 Page 5 of 5 WS -A -96 ATTACHMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING THE COMMUNITY ADVISORY COMMITTEE FOR ECONOMIC DEVELOPMENT PLANNING WHEREAS, the Santa Ana Strategic Plan states that economic development is a goal and a priority forth city, and that the City of Santa Ana will work aggressively to encourage businesses to locate and invest in our community, providing good jobs, reducing unemployment, and bolstering our City's tax base, and WHEREAS, the Santa Ana Strategic Plan considers the completion of a comprehensive economic development strategy to be a key strategy in achieving goals of economic development, and WHEREAS, the City of Santa Ana struggles with high rates of unemployment and low incomes, yet is a vibrant and culturally diverse city with a growing youth population that has significant potential for economic development, and WHEREAS, economic development is critical to the financial well -being and future growth of our city, and responsible economic development must bring opportunity to all of Santa Ana's residents, businesses, and workers. NOW, THEREFORE, BE IT RESOLVED as follows: 1. There is hereby established the City of Santa Ana Community Advisory Committee for Economic Development Planning ( "Committee "). The Committee shall consist of: (15) fifteen voting members. 2. The membership of the Committee must represent a number of critical stakeholder groups; to this end, seats of the committee will be designated to representatives as follows: a. Eight (8) seats to be held by representatives of the business community: i. One (1) seat for a business affiliated with each of the following business communities in Santa Ana: 1. The Santa Ana Business Council 2. The Hispanic Chamber of Commerce 3. The Vietnamese Chamber of Commerce 4. The Santa Ana Chamber of Commerce 5. The Orange County Business Council ii. Three (3) seats for businesses located in diverse geographic regions of Santa Ana, including the South Main corridor and downtown Santa Ana. Seven (7) seats to be held by stakeholders, one representing each of the following groups or affiliations: i. Two (2) seats for representatives of organized labor. if these seats are held by representatives of individual unions rather than councils of labor unions, the unions represented must be from different industries. it. One (1) seat representing workforce development or employment training (e.g. the Workforce Investment Board) iii. One (1) seat representing formal continuing education, either from high school employment - preparation or from community college iv. Two (2) seats to be held by representatives of the Santa Ana community, one adult (over 25 years of age) and one youth (16 to 25 years of age). Both must have been residents of Santa Ana for at least three years. WS -A -97 ATTACHMENT v. One (1) seat to be held by anon profit organization that serves youth and families and /or promotes community health outcomes, with at least 50 percent of its operations based in Santa Ana, 3. Member of the City Council shall each appoint 2 members to the Committee. As Committee seats are reserved for applicants who represent specific stakeholder groups, the City Council members will draw lots for the order in which they will make each kppointmer .When making Commented [all: orshould theydraw lots on which their appointments, each member of the Council will identify which seat (representative of seats they get to appoint? business, labor, etc.) they are appointing. The remaining three seats will be appointed by the City Manager. 4. The public shall be advised that applications for membership on the Committee may be submitted to the City Clerk through (Date, 2015). Such notice shall be published in a newspaper of general circulation and posted at the office of the City Clerk. Committee members serve at the pleasure of the Councilmember appointing him or her. 5. All nominees to the Committee must be Santa Ana residents. Elected officials and anyone related to or employed by (city staff or professional staff) elected officials in Santa Ana are prohibited from serving on the Committee. 6. The Committee shall provide advice to the City Council on (economic development goals here, pull from Strategic Plan] (number these) 7. The Committee's recommendations shall be communicated in writing to the City Council by (Date) or through such other means and on such other dates as shall be set by the City Council. Committee meetings shall be open to the public, recorded, and available for viewing at santa- ana.org. 8. To assist the Committee, the City's staff and City's consultants are authorized and directed to provide logistical support, community outreach assistance, and all necessary information to the Committee regarding the following subjects: a. Business retention and attraction b. Promotion of local business c. Branding and marketing ofthe city d. Infrastructure development and educational needs for economic development e. Regulation affecting businesses and industries in the city f. Small business issues and advocacy g. Opportunities for Santa Ana youth employment and retention of young Santa Ana residents h. The City's wage-housing gad Commented[C2]•Add.b 1 thngs that should b dd d i. Employment creation j. Promotion and maintenance of safe and healthy workplaces 9. To encourage public input and access, the Committee shall meet monthly at a minimum and hold multiple meetings in different areas of the City. 10. The Committee may assign tasks to subcommittees it creates and have those subcommittees report to the full Committee. 11. The Committee shall terminate its existence thirty (30) days after it reports to the City Council and responds to any additional requests for advice directed to the Committee by the City Council. Once the term of the Committee has concluded, it shall cease to function and shall not exist as a recognized Committee unless extended by Council action. WS -A -98 ATTACHMENT 12. The Committee and its members shall be governed by the Ralph M. Brown Act, the Santa Ana Municipal Code (regarding conflicts of Interest) and all otherapplicable federal, state, or local laws or regulations. Upon the appointment of the Committee's members, the City Council shall set an initial meeting of the Committee, in accordance with the Brown Act, at a time and place convenient to the Committee's members for the purpose of organizing itself and establishing a schedule of meetings. These meetings may be held at City facilities provided that the facilities are not otherwise in use. The City will establish a special section of the City's website for full access and transparency on all agendas, minutes, and schedules of the Committee. 13. The Committee shall appoint a chairperson and, if desired, the Committee may adopt procedures for the conduct of its meetings and activities that are necessary and convenient to enable the Committee to carry out its functions. WS -A -99 WS -A -100 ATTACHMENT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH A WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, in March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including the creation of a comprehensive economic development strategic plan, supporting neighborhood vitality and livability, _encouraging new businesses and investment, and promoting a strong arts and culture infrastructure; and, WHEREAS, the Santa Ana has a population of 334,227, of whom 78% are Latino, 11% are Asian, 9% are White, 2% identify as another race or ethnicity. Over 30% of Santa Ana households include children under 18 living at home. A wide variety of languages are spoken, with 83% of households speaking a language other than English at home. Santa Ana is culturally diverse; over 48% of households include individuals born in countries other than the US. As one of the densest, youngest, and most culturally and ethnically diverse cities in the nation, Santa Ana's goals of engaging all sectors of our community in a meaningful way and of creating consensus are all the more important; and, WHEREAS, in November 2013 the Downtown Santa Ana Wellness Corridor was launched; and, WHEREAS the City supports the creation of a distinct cultural destination and a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana; and, WHEREAS, the City is developing a Santa Ana Downtown Transit Zone Complete Streets Plan to create a safer and more walkable, bikeable, vibrant and healthy environment in Santa Ana's downtown; and, WHEREAS, downtown Santa Ana is already a destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter referred to as Wellness Goods and Services); and, WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and, WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana's sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana, that when combined with increased sales to commuters, visitors and new downtown settlers can be an effective strategy to re- invigorate sales in the downtown; and, WHEREAS, the residents of Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease and higher propensity to be uninsured in Last Modified: 3/4/2015 WS -A -101 Page 1 of 5 ATTACHMENT comparison to other Orange County residents, and which increases the public sector and employer costs for health care provision; and, WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and they seek safer opportunities for such active forms of commuting or recreation; and, WHEREAS, the residents of central Santa Ana only buy a portion of their Wellness Goods and Services in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown; and to advance wellness initiatives they have been organizing into groups and committees such as the Wellness Corridor Steering Committee, the Santa Ana Building Healthy Communities (SABHC) Equity for All Workgroup, the Santa Ana Business Council and Comite Familias Corazones Verdes, among others; and, WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the Santa Ana community not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and, WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of affordable, high - quality prepared food in their downtown areas; and, WHEREAS, the City is already in an exclusive negotiating agreement with St. Joseph's Health and Taller San Jose to establish a Wellness Center in the downtown; and, WHEREAS, other North American cities have successfully applied a "Wellness District" strategy for the renewal of their downtown areas based on partnerships with hospitals, employers, downtown retailers, property owners developers and resident associations, thereby improving the quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that in particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households while remaining inclusive of commuting, visiting and newly settling populations. Through the Wellness District strategy, the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown and surrounding neighborhoods. Last Modified: 3/4/2015 WS -A -102 Page 2 of 5 ATTACHMENT The City further resolves to work in collaboration with Santa Ana residents and community based organizations and businesses that historically have served them to: A. Implement wellness policies in planning and economic development: 1. Ensure an equitable, inclusive economic development plan, as called for in the City's five - year strategic plan, that acknowledges and prioritizes the wellness needs and vision of underserved resident communities; that focuses on supporting Santa Ana residents, local small businesses, workers, youth and families; that creates opportunities for anyone to support themselves and their families in Santa Ana; and that allows for a health lens on economic development, in line with Health In All Policies. 2. The City will work with the Orange County Health Care agency, local health systems, non profit organizations, and neighborhoods to produce a baseline assessment of health and wellness and establish indicators which will be used to measure performance and success in health and economic development outcomes. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to the following: active programming of healthy recreational and cultural activities, creating incentives and eliminating disincentives for local businesses offering wellness goods and services, and creating incentives for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Proactively develop and implement strategies for Santa Ana residents to remain and thrive in Santa Ana while minimizing negative impacts of development, including increases in the cost of living and other indirect catalysts of displacement. 5. Engage the street vendor community to ensure that the City's plans and policies do not impede and are inclusive of their contribution to servicing low- income residents and their families as well as downtown employees and visitors, while maintaining consideration of brick - and -mortar businesses. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 6. Support the resolution Establishing "La Calle Cuatro" as the official and historical name of Fourth Street in Santa Ana, and the designation of Plaza Santa Ana as Plaza Calle Cuatro, affirming the name and branding of La Calle Cuatro and Calle Cuatro Marketplace. 7. Support community- organized events and programming in the downtown that promote health, wellness, and culture in the public's interest through establishing criteria and a procedure for funding scholarships to cover fees associated with permits and public safety for "temporary outdoor activities" and "special events" including in public and private parking lots. Establish an application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements that promote safety, walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along Fourth Street from Ross to Grand, a street promenade on Sycamore between Fourth and Last Modified: 3/4/2015 WS -A -103 Page 3 of 5 ATTACHMENT Fifth Street, and permanent route place - markers and wayfinding measures as recommended in the Downtown Santa Ana Wellness Corridor Strategic Plan and Downtown Transit Zone Complete Streets Plan. a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. 9. Ensure that the arts master plan for the Wellness District gets shaped in a participatory process among the City, the downtown development liaison, the Arts Commission, and the community's local artists, while also involving the various community - serving organizations of the downtown, local businesses, and public schools in the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification needs of the neighborhood - serving downtown businesses. a. The City should develop urban, architectural design forums for certain areas within the community that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community- serving sites in and surrounding the downtown: 10. Pilot a system of community operated microfarms under a cooperative economic development model by providing a long term lease to Santa Ana Building Healthy Communities three sites of at least '' /� acre size from the following lots: 114 S. Bristol St., 124 S. Bristol St., 410 S. Bristol St., 414 S. Bristol St., 119 S. Bristol St., 123 S. Bristol St., 402 S. Bristol St., 302 S. Bristol St., 306 S. Bristol St., 310 S. Bristol St., 314 S. Bristol St., 318 S. Bristol St, 430 S. Bristol St., 434 S. Bristol St., 438 S. Bristol St., 442 S. Bristol St., 446 S. Bristol St., 502 S. Bristol St., 508 S. Bristol St., 510 S. Bristol St., 514 S. Bristol St., 518 S. Bristol St., 522 S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St.; 621 N. Spurgeon St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 E. 1st. St. 11. Identify property in the downtown, including right of way, parking facilities and the Grand Central Arts building, to be utilized as a Latino mercadito with opportunities for vending for Santa Ana artisans, craft makers, and other neighborhood serving small businesses. 12. Create an office of immigrant affairs in alignment with "Cities for Citizenship" as a service that supports Santa Ana residents. D. Include all stakeholders and be accountable in implementation of this resolution: 13. As per resolution Establishing the Community Advisory Committee for Economic Development Planning, legislatively create an Economic Development Advisory Committee that includes representatives from stakeholder groups including business councils, local businesses, Latino and Vietnamese -owned businesses, labor, workforce development and education, nonprofits, and residents of Santa Ana. This committee will be tasked with providing recommendations on economic development planning to the Economic Last Modified: 3/4/2015 WS -A -104 Page 4 of 5 ATTACHMENT Development Plan consultant and to the council for approval, and it will be subject to the Brown Act, thereby requiring the notification and allowing the participation of the public. 14. Revisit scope of work of the consultants for the Economic Development Strategic Plan and incorporate recommendations from the newly created advisory committee that could support an accessible and inclusive outreach for the strategic plan. 15. Formalize the Healthy Cities Committee as an advisory group with defined representative membership and clear objectives to oversee planning, implementation, and evaluation of this resolution, and other city matters where they intersect with health. Similar to the State's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 16. Within three to six months of the adoption of this resolution, the Community Development, Planning and Building, and any other implementing department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired direction by the City Council. Section 2. 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 the Resolution. ADOPTED this Last Modified: 3/4/2015 WS -A -105 Page 5 of 5 WS -A -106 ATTACHMENT No. Community Proposal Staff Response 1. Ensure an equitable, inclusive economic The Economic Development Plan was awarded in February development plan, as called for in the City's five- 2015 to create said plan for the entire City including the year strategic plan, that acknowledges and downtown area. The plan will include a process by which prioritizes the wellness needs and vision of the community and stakeholders will provide input. underserved resident communities; that focuses on supporting Santa Ana residents, local small The creation of this plan would be inclusive of the needs of businesses, workers, youth and families; that all residents, businesses, visitors, as well as the retention and attraction of new business. creates opportunities for anyone to support themselves and their families in Santa Ana; and that allows for a health lens on economic development, in line with Health In All Policies. 2. The City will work with the Orange County Health A citywide Health and Wellness Assessment requires the Care agency, local health systems, nonprofit identification of funding. The OC Health Care Agency organizations, and neighborhoods to produce a currently tracks Children's Health in an annual report that is baseline assessment of health and wellness and published for the entire county. establish indicators which will be used to At the direction of the City Council, funding and staffing measure performance and success in health and would need to be approved to develop such a proposal and economic development outcomes. determine the outcomes desired. 3. Implement strategies that ensure development The City's Parks, Recreation, and Community Services aligned with Wellness District principles and Agency current plans major events in the downtown, approaches, including but not limited to the including a health fair, 5k, Holiday Tree Lighting, Plaza following: active programming of healthy Primavera and others. Additionally, the community can plan recreational and cultural activities, creating additional events through the Special Events /Land Use incentives and eliminating disincentives for local Application process. businesses offering wellness goods and services, While the City of Santa Ana and cities in general, oversee and creating incentives for businesses land use via a zoning code or ordinance which broadly committing to long term provision of good jobs, designates appropriate businesses categories and uses for affordable housing, and economic stability for each parcel, private property owners control the specific Santa Ana residents. tenants and business uses. Any financial incentives for businesses take into consideration the economic impact. 4. Proactively develop and implement strategies for There are four strategies that 'facilitate diverse housing Santa Ana residents to remain and thrive in Santa opportunities and support efforts to preserve and improve Ana while minimizing negative impacts of the livability of Santa Ana neighborhoods." This includes the development, including increases in the cost of City's Housing Opportunity Ordinance. living and other indirect catalysts of The Strategic Plan outlines strategies specific tojob displacement. training, and services for residents. This includes senior programs, youth programs, and the "Santa Ana Buy Local Plan ". New development opportunities will help current and future residents to live and work within the city, such as Adaptive Reuse. WS -A -107 ATTACHMENT WS -A -108 Educational partnerships are focused on supporting educational attainment which then correlate with higher income and housing opportunities. 5. Engage the street vendor community to ensure To the extent that development projects wouldhove impacts that the City's plans and policies do not impede to any vendors or the community at large, the Sunshine and are inclusiveof their contribution to servicing Ordinance provides specific criteria for certain types of low- income residents and theirfamilies as well as development projects to have community meetings. downtown employees and visitors, while maintaining consideration of brick - and - mortar businesses. 6. Support the resolution Establishing "La Calle Cities and municipalities do not generally assign Cuatro" as the official and historical name of neighborhood names, they are often organically assigned Fourth Street in Santa Ana, and the designation of and /or promoted via marketing and branding efforts. Downtown merchants, residents and other stakeholders may Plaza Santa Ana as Plaza Calle Cuatro, affirming come together to brand and market the area. the name and branding of La Calle Cuatro and Calle Cuatro Marketplace. The City does have a process by which street names can be changed. An application is submitted, reviewed by the Planning Commission, and final approval is at the discretion of the City Council. 7. Support community- organized events and The Municipal Code currently requires the charge and programming in the downtown that promote collection of fees related to applications, police overtime health, wellness, and culture in the public's costs, and insurance. Any process to waive, provide scholarships or other funding mechanism would need to be interest through establishing criteria and a approved by the City Council and taken from a different procedure for funding scholarships to cover fees program. associated with permits and public safety for "temporary outdoor activities" and "special The City does not control private parking lots. events" including in public and private parking lots. Establish an application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements that Through the Capital Improvement Plan, the city is making promote safety, walkability, cycling, family improvements related to safety, walkability, cycling and shopping trips, and access to food vendors vehicular movement. Projects are prioritized and staff makes its professional recommendation to the City Council for including but not limited to improvements along adoption. Staff remains committed to providing the Fourth Street from Ross to Grand, a street community with multiple opportunities to provide input and promenade on Sycamore between Fourth and be involved in the developmentof its plans. There will be over Fifth Street, and permanent route place- markers eight opportunities for the public to provide inputon the Trial and wayfinding measures as recommended in the Budget and the CIP. Downtown Santa Ana Wellness Corridor Strategic In March 2015, staff presented to the FEDT Committee on the wayfinding program and provided next steps. WS -A -108 ATTACHMENT WS -A -109 Plan and Downtown Transit Zone Complete Streets Plan. a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. The City Council will be accepting grant funds in April 2015 that will be used for walkability and pedestrian amenities in the downtown including: 5 waste receptacles, 25 tree guards, 4 benches, 30 bike racks, and 4 intersection enhancements (final counts pending funding availability). 9. Ensure that the arts master plan for the Wellness The Arts and Culture Commission is currently reviewing the District gets shaped in a participatory process RFP for the Arts Master Plan. To the extent that the RFP among the City, the downtown development development must remain an internal process so as not to liaison, the Arts Commission, and the provide vendors with working copies until it is finalized, the City will go through a thorough review process. This master community's local artists, while also involving the plan will cover the entire City and not solely the downtown various community- serving organizations of the area. The plan will be inclusive to represent the diverse downtown, local businesses, and public schools in needs of the City. the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification The City currently has a variety of design standards which needs of the neighborhood - serving downtown ensure quality and promote aesthetic standards. These businesses. design standards pertain to all locations in the city and often to specific types of use. The City of Santa Ana's Design a. The City should develop urban, architectural Guidelines and Development Standards is the result of a design forums for certain areas within the comprehensive analysis of the City's existing design and development guidance documents. The Guidelines community that require buildings and contained within the document, which can be found on the streetscapes to meet culturally relevant City's website, consolidate the City's discretionary review aesthetic standards also reflecting the city's documents and provide supplementary design guidance for heritage and cultural identity. issues not explicitly stated in the Santa Ana Municipal Code. 10. Pilot a system of community operated Santa Ana Municipal Code sections 2 -706 through 2 -710 microfarms under a cooperative economic provides for a public process to dispose of surplus real development model by providing a long term property. The City Council has to first identify the property lease to Santa Ana Building Healthy Communities as surplus and the public works director begins the process of listing the property for sole through an auction or listing three sites of at least % acre size from the with an agent. There are two exceptions for property following lots: adjacent to another parcel where the owner of the private parcel makes a case to purchase the adjoining parcel or 114 S. Bristol St., 124 S. Bristol St., 410 S. Bristol where the city desires to sell the property to another public St., 414 S. Bristol St., 119 S. Bristol St., 123 S. agency. There are no provisions for "giving the property Bristol St., 402 S. Bristol St., 302 S. Bristol St., away" for less than fair - market value. 306 S. Bristol St., 310 S. Bristol St., 314 S. Bristol St., 318 S. Bristol St, 430 S. Bristol St., 434 S. At the direction of the City Council, staff can look into Bristol St., 438 S. Bristol St., 442 S. Bristol St., whether or not it would like to pursue a microform program. 446 S. Bristol St., 502 S. Bristol St., 508 S. Bristol The City does currently have community gardens at two park St., 510 S. Bristol St., 514 S. Bristol St., 518 S. sites and also a collaborative project with SAUSD. Bristol St., 522 S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St., 621 N. Spurgeon Staff would need to further research any restrictions on the St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 30 property addresses proposed by Building Healthy E. 1st. St. WS -A -109 r_IIrr_ Q;KTAA»aM� WS -A -110 Communities. Additionally, there would need to be a clear plan, agreements, policies, and proposal process as many of those sites are dirt lots any use would require extensive site improvements before the public would be able to enter. 11. Identify property in the downtown, including The City owns the Grand Central Arts building, however it is right of way, parking facilities and the Grand in a long term lease with the current tenant and cannot Central Arts building, to be utilized as a Latino control the use of the property. mercadito with opportunities for vending for The Special Events /Land Use Permit application can be used Santa Ana artisans, craft makers, and other for an event such as what is being proposed, subject to all neighborhood serving small businesses. requirements and fees /costs. Similar events include the Patchwork Festival and Farmers Market. 12. Create an office of immigrant affairs in alignment The City does not process immigration requests as it is with "Cities for Citizenship' as a service that preempted by Federal law. supports Santa Ana residents. 13. As per resolution Establishing the Community At the direction of the City Council to create such a Advisory Committee for Economic Development committee. Charge and responsibilities would need to be Planning, legislatively create an Economic developed. Development Advisory Committee that includes representatives from stakeholder groups including business councils, local businesses, Latino and Vietnamese -owned businesses, labor, workforce development and education, nonprofits, and residents of Santa Ana. This committee will be tasked with providing recommendations on economic development planning to the Economic Development Plan consultant and to the council for approval, and it will be subject to the Brown Act, thereby requiring the notification and allowing the participation of the public. 14. Revisit scope of work of the consultants for the At the direction of the City Council. Economic Development Strategic Plan and incorporate recommendations from the newly Any changes to scope will delay the project and add created advisory committee that could support additional costs. Additionally, the currentscope provides for an accessible and inclusive outreach for the community input. strategic plan. 15. Formalize the Healthy Cities Committee as an At the direction of the City Council. advisory group with defined representative membership and clear objectives to oversee planning, implementation, and evaluation of this resolution, and other city matters where they intersect with health. Similar to the State's Health in All Policies task force, this committee will support in performing Health Impact WS -A -110 ATTACHMENT WS -A -111 Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 16. Within three to six months of the adoption of this The City currently reports monthly on the Strategic Plan and resolution, the Community Development, Copies are available on the City's website and monthly as Planning and Building, and any other Part of the Council Agenda packet. implementing department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired direction by the City Council. WS -A -111 WS -A -112 Correspondence Received 145 form letter in support of the Santa Ana Wellness District Resolution WS -A -113 City of Santa Ana 20 Civic Center Plaza, 7015 KAri 16 AN 9- )4 Santa Ana, CA 92701 ci*rY OF SANTA ��i?;h C� ERK OF COLIi =C;i' RE: Santa. Ana Wellness District Resolution Dear Mayor Pulido, I am writing to thank you for your support and belief in the Health and Wellness of all Santa Ana Residents. We are encouraged by your willingness to vote yes on the upcoming Wellness District Resolution which endorses the Santa Ana Building Healthy Community and Equity for All Coalition's platform which I believe will put Santa Ana on the right track for Equitable Economic Development and responsible growth which is an important priority in establishing a Healthy city. We look forward to your continued support in ensuring that all our residents maintain the right to remain, reclaim their health and wellness, and thrive within the city of Santa Ana, Sincerely, WS -A -114 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Wednesday, March 18, 2015 3:40 PM To: Mitre - Ramirez, Norma Cc: Trujillo, Rose Ann; Orozco, Norma Subject: FW: Wellness District Categories: Correspondence Please add to correspondence. Thank you! From: Ortiz- Franco, Luis [mailto:ortiz @chapman.edu] Sent: Wednesday, March 18, 2015 2:40 PM To: Huizar, Maria Cc: anasiri_sonri7 @sbcglobal.net Subject: Wellness District Hello Councilmembers of City of Santa Ana: I hope all of you are doing well. The purpose of this note is to urge you to support the Wellness District project in Santa Ana. The Wellness District improve the quality of life, and the general socio- economic wellbeing of all Santa Ana residents. So, please do the right thing for ALL in Santa Ana and support the Wellness District. Respectfully yours, Professor Luis Ortiz - Franco, Ph.D. WS -A -115 WS -A -116