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HomeMy WebLinkAbout FULL PACKET_2018-04-17MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 30, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 9:06 A.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES (9:22 A.M.) VICENTE SARMIENTO JOSE SOLORIO (9:22 A.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: RAUL GODINEZ, II, City Manager CRISTINA TALLEY, Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS Andrew Do, Chairman of the Board of Supervisor, provided history and issues faced by the County and City on homelessness; presented following data and pledged to support the efforts. Service Planning Area Survey Origins of Homeless People Central Bridges at Kraemer Place* 97.45% North Service Planning Area —Anaheim Courtyard Transitional Center* 49.8% Central Service Planning Area —Santa Ana Cities with the Highest Homeless Populations in Order 2017 Point In Time Count Data —Unsheltered* 1. Santa Ana 466 2. Anaheim 363 CITY COUNCIL MINUTES 10A1-1 MARCH 30, 2018 3. Irvine 199 4. Garden Grove 194 5. Fullerton 149 6. Huntington Beach 119 7. Orange 117 8. Costa Mesa 103 9. Westminster 92 10. Buena Park 70 "2017 Point In Time Count data provided by 2-1-1 Orange County • Peter Katz, noted that letters from residents have sent letters on the matter; Costa Mesa has viable option; opposed to abandonment • Abigail, concerned with current status. • Connie Hamilton, noted that petition initiated to support efforts; support countywide assistance. • Phil Becerra, support City Council efforts; • Francisco Arriola, concerned with current situation. • David De Leon, encouraged City Council to unite and work on matter. CLOSED SESSION MEETING COUNCIL RECESSED to Room 147 for Closed Session discussion at 9:21 a.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 - INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Orange County Catholic Worker, et al. v. Orange County, City of Santa Ana, et al.; United States District Court, Central District Case No. 8:18-cv-00155-DOC-JDE. CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. CITY COUNCIL MINUTES 1 OA_n MARCH 30, 2018 ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION AT 9:43 A.M. WITH SAME MEMBERS PRESENT. OPEN SESSION MEETING CLOSED SESSION ACTION — Councilmember Sarmiento thanked speakers and noted homeless situation in the Civic Center has been many years; Judge Carter has made it a priority; issue is Countywide and not just the city of Santa Ana. Councilmember Solorio, request ground and remedies including County efforts on enforcement, identify area or agencies to address issues; supports closing the temporary Courtyard; timeline to move the encampment from the Civic Center to other areas; finalize the action plan. Councilmember Benavides, supports action as proposed. Mayor Pulido, need to stand up for City and moving in the right direction. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case. MOTION: Provided direction to the City Attorney to research grounds on a federal question to file an action against the County of Orange to provide relief and to relocate the homelessness encampment in the Civic Center and throughout the City as well on a cost recovery basis and request that research and recommendations be brought back to the City Council at the April 3, 2018 City Council Meeting. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Benavides, Martinez, Solorio, Villegas (6) None (0) None (0) Tinajero (1) Mayor Pulido left the Meeting at 9:20 a.m. and did not return. PUBLIC COMMENTS Pulido, Sarmiento, CITY COUNCIL MINUTES 1 OA33 MARCH 30, 2018 • Susana Sandoval, supports City's efforts. • Irma Macias, on behalf of Comlink and several neighborhood associations; spoke in support of addressing homeless and safeguard the students that deal with the issue. • Tim Johnson, thanked the City Council for leadership; support temporary shelter in the City of Irvine. • Peter Katz, representing Comlink and neighborhood associations, reiterated comments made earlier; concerned with comments from residents from other cities; stop abandonment of homeless in the City. • Dave Hoen, expressed concern that many homeless are not from Santa Ana. • Elizabeth Webber, thanked the City for championing issue. 85A. CITY COUNCIL TO APPROVE SHORT-TERM HOMELESS PLAN AND PROVIDE INPUT AND DIRECTION AND ACTION ON CITY-WIDE PLAN — MAYOR PRO TEM MARTINEZ Mayor Pro Tem Martinez, spoke about the comprehensive plan needed; spoke of letter to the County about voucher expiration at the end of the month, continue vouchers at motels until shelterfor all homeless; short-term + plan for staff to immediately do a count of all encampments throughout the city; close to 400+ that have been identified by the heart program; come back to council with plan on how to do immediate count and then develop a plan to address homeless throughout the city; include plan on the City's website to seek input. Councilmember Solorio, commented that at the April 31d City Council meeting have agendized items for consideration; letter to regional agencies about dumping/abandonment and ordinance; ordinance abandonment ordinance for consideration in addition to panhandling; request tripling the quality of life team (HEART) through overtime and subcontracting with other agencies that may assist. Councilmember Villegas, agree with suggestion of ordinance to have enforcement measures; agree with need for count; encouraged all to notify police department if they witness other agencies dumping homeless. Councilmember Sarmiento, agree with motion by Mayor Pro Tem Martinez, need for count; momentum in City's favor; commented on impacts to the City for decades that other surrounding cities have not borne — library, residents and employees have been impacted; need judicial fix. Councilmember Benavides, frustrated that other cities in the county with the mere threat of homeless came in masses; our city and community members deserve equal treatment; staff directed to bring options for consideration. Unanimously agreed to add homeless plan on the city's website and receive input from the community; move forward with count and contact card and CITY COUNCIL MINUTES 10 4 MARCH 30, 2018 staff to come back with plan on quality of life and identify staffing needs; to increase HEART program. Motion by Councilmember Sarmiento, seconded by Martinez to give direction to City Attorney to research grounds on a federal question to file an action against the County of Orange to provide relief and to relocate the homelessness encampment in the Civic Center and throughout the City, as well on a cost recovery basis. Staff to research recommendations and be brought back to the City Council at their regularly scheduled meeting on April 3, 2018. Approved unanimously by a 6-0 vote (Tinajero absent). Councilmember Benavides, a final request that residents remember Board of Supervisor that have failed the City. ADJOURNED - 10:21 A.M. - The next meeting of the City Council is scheduled for Tuesday, April 3, 2018 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. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 1 OA 55 MARCH 30, 2018 10A-6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 3, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:20 P.M MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:08 P.M.) JUAN VILLEGAS (5:12 P.M.) COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager CRISTINA TALLEY, Acting City Attorney NORMA MITRE, Assistant Clerk of the Council PUBLIC COMMENTS Tim Johnson, expressed support to continue pressure on Southern Orange County and move towards proportionality based as opposed to homeless based, believes a portion of the 100- acres site in the City of Irvine is suitable for an emergency homeless shelter. Is in support of litigation and voiced that his child and wife would also like to safely attend the Santa Ana Library. Abigail Aleman, appreciates Council is taking action. Expressed that Santa Ana parks and streets require attention and money to be used for maintenance; unfair other cities bring their residents to our city and cause damage. Voiced the need for the City of Santa Ana to be safe and clean; and is in support of litigation. 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: CITY COUNCIL MINUTES 1OB-1 APRIL 3, 2018 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Orange County Catholic Worker, et al. v. Orange County, City of Santa Ana, et al. United States District Court, Central District Case No. 8:18-cv-00155-DOC- JDE 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 300 E. Fifth Street, Santa Ana, CA; APNs 398-327- 01, 06, 07, 08, 09; 5,202 sq. ft. net (0.12 acres) Negotiators: City Manager Raul Godinez II Negotiating with: Nancy Fainbarg Chase, Steven Fainbarg, Chase Family Trust and East End Realty Partners L.P. Terms: Potential Price and Terms 3. PUBLIC EMPLOYEE APPOINTMENTS pursuant to Section 54957(b)(1) of the Government Code: Title: Community Development Agency Director; and Planning and Building Agency Director 4. PUBLIC EMPLOYEE — PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 5. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: Four Cases. Councilmember Villegas left at 6:21 P.M. CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. AT 6:24PM. CITY COUNCIL MINUTES 2 APRIL 3, 2018 10 B-2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:24 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager CRISTINA TALLEY, Acting City Attorney NORMA MITRE, Assistant Clerk of the Council MAYOR PULIDO SUSAN CHO, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS - ITEMS TAKEN OUT OF ORDER. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Santa Ana Unified School District School Climate Committee in recognition of their contributions to the community. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ AND COUNCILMEMBER BENAVIDES to Amusement Park in recognition of their 30th Anniversary and contributions to the community. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming April 3rd as Joey Daniel Day. CITY COUNCIL MINUTES 3 APRIL 3, 2018 10 B-3 PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming April as Department of Motor Vehicles/Donate Life California Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Apprentice Builds in recognition of contributions to the community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Mireya Vazquez in recognition of her College Board Counselor Award and contributions to the community. PROCLAMATION presented by COUNCILMEMBER VILLEGAS naming April as National Autism Awareness Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER VILLEGAS to Paul Ghuman Santa Ana 7 -Eleven franchise owner in recognition of contributions to the community.. SPECIAL PRESENTATION on the homeless impact on the City of Santa Ana presented by Robert Cortez, Deputy City Manager Council discussion ensued. • Councilmember Sal Tinajero, thanked staff and City Councilmembers who attended the headcount event conducted last weekend. • Councilmember Jose Solorio, noted increase in homeless is due to prior headcount performed by the County did not include them, City Council's various action to address homeless crisis, Quality of Life Team exceptional work, need to increase efforts; and need to seek reimbursement from cities and county. • Councilmember Juan Villegas, thanked everyone who attended the headcount event conducted last weekend. • Councilmember David Benavides, thanked staff who attended the headcount event conducted last weekend. • Councilmember Vicente Sarmiento, echoed statements made by City Councilmembers. Noted hearing held in Judge Carter's courtroom highlighted the County hoarding money and not spending on this issue. • Mayor Pro Tem Michelle Martinez, recognized Acting Deputy Chief Ken Gominsky for his efforts in dealing with the homeless issues. Request residents, school district and our business community to contact the Quality of Life Team if they see new encampments. Thanked all employees from the City of Santa Ana, the residents and the various non-profit organization that were able to attend and provide support. • Mayor Miguel Pulido, noted Judge Carter's efforts in addressing the homeless issue, all OC cities are not participating in resolving homeless issue, and possibility of suing cities in order to give Judge Carter jurisdiction over them. CITY COUNCIL MINUTES 4 APRIL 3, 2018 10 B-4 CLOSED SESSION REPORT -See Agenda Item 19A for reportable action PUBLIC COMMENTS (AGENDIZED ITEMS) • Ilya Tseglin, addressed the City Council to request assistance in removing his son from the Ward of the State. • Idalia Rios, Yaneli Matute, Brandy Wilson, Blanca Robles, Isuri Ramos, and Adela Montanez on behalf of the Lacy community expressed their gratefulness for the passage park site located at 6th and Lacy Street. • Mayor Pro Tem Martinez, thanked Lacy neighborhood and Director Gerardo Mouet for their efforts on item 20A. Mayor Pulido, echoed comments by Mayor Pro Tem Martinez. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 30A. • Mayor Pro Tem Martinez dissented on 251-1; and • Councilmember Sarmiento and Mayor Pulido abstained on 11B. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: Items removed for separate actual vote. Items without MINUTES SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas, (7) None (0) None (0) None (0) or momneo are ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 20, 2018— Clerk of the Council Office CITY COUNCIL MINUTES 5 1 OB -5 APRIL 3, 2018 MOTION: Approve Minutes. ORDINANCESISECOND READING 11A. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SECOND DWELLING UNITS - Clerk of the Council Office Placed on first reading at the March 20, 2018 City Council meeting and approved by a vote of 5-0 (Pulido and Tinajero absent). Published in the Orange County Reporter on March 23, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2940 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SECOND DWELLING UNITS 11B. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPROVING AMENDING CERTAIN SECTIONS OF CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS TESTING LABORATORIES FOR MEDICINAL AND ADULT -USE PURPOSES AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE MUNICIPAL CODE - Clerk of the Council Office Placed on first reading at the March 20, 2018 City Council meeting and approved by a vote of 5-0 (Sarmiento abstained and Pulido absent). Published in the Orange County Reporter on March 23, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS TESTING LABORATORIES FOR MEDICINAL AND ADULT -USE PURPOSES AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE MUNICIPAL CODE 'Sarmiento and Pulido abstained. CITY COUNCIL MINUTES 6 APRIL 3, 2018 10 B-6 BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES OF THE MEETING OF LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY AND COMMUNICATIONS CITY COUNCIL COMMITTEE, JANUARY 31, 2018 - Clerk of the Council Office MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office Mayor Pulido reported, City Council voted unanimously to direct staff to prepare a demand letter to all Orange County Cities and to the County of Orange outlining City of Santa Ana's demand for: 1) greater participation in resolving the homeless crisis and 2) monetary reimbursement and contribution by the County of Orange for the City's ongoing effort to address homelessness. Both must be done. We need to demand money now and we need immediate solutions as to how we are going to protect our city and our residents. We had a historic hearing with Judge Carter and around the county. Unfortunately, not all cities take part, and their participation is crucial. Homelessness exists county wide. Judge Carter reviewed County budget and has identified monies to address homelessness. Shared the five items that Judge Carter requested from all cities in order to divide the County into three areas: North County, Central County and South County. Acting City Attorney reported out that City Council confirmed the appointment of the Executive Director of the Community Development Agency, Stephen Mendoza; and Executive Director of the Planning and Building Agency, Minh Thai. 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MARCH 2018 {STRATEGIC PLAN NO. 5, 1} — Public Works Agency The CIP Executive Summary Schedule is available on the City's website at: hftp://www.santa- ana.org/pwa/d ocu ments/ExecutiveMo nthIvC I P U Pd ate Ma rch201 8. Pdf MOTION: Receive and file. CITY COUNCIL MINUTES 10 B-7 APRIL 3, 2018 BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 20A. APPROVE APPROPRIATION ADJUSTMENTS TO RECOGNIZE HOUSING RELATED PARKS PROGRAM GRANT REVENUE AND PARK ACQUISITION AND DEVELOPMENT REVENUE FROM PRIOR YEARS FOR THE NEW PARK SITE LOCATED AT 6TH AND LACY PARK {STRATEGIC PLAN NO. 5, 4A}- Parks, Recreation and Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) 1. APPROPRIATION ADJUSTMENT NO. 2018-122 - Approve an appropriation adjustment recognizing grant revenue in the amount of $518,109 in the Parks/Recreation Capital Grants revenue account and appropriating funds to the Housing Related Parks Grant expenditure accounts. 2. APPROPRIATION ADJUSTMENT NO. 2018-122 - Approve an appropriation adjustment recognizing District 2 Acquisition and Development funds from prior years in the amount of $415,066 in the Residential Development District 2 revenue account and appropriating funds to the Residential Development District 2 expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 18-010 - AWARD PURCHASE ORDER TO RACEWAY FORD FOR A FORD F-350 SUPER CAB TRUCK {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Agency and Public Works Agency MOTIONS: 1. Reject the bid from Guaranty Chevrolet Motors Inc. as nonresponsive. After submitting a bid for a 2018 Chevy Silverado, Guaranty Chevrolet contacted Fleet staff to inform them they were unable to secure said vehicle. 2. Authorize a one-time purchase and payment of purchase order to Raceway Ford for the procurement of a 2018 Ford F350 Super Cab truck with utility body insert in the amount of $58,595, plus a $2,000 contingency, for a total amount not to exceed $60,595, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 8 APRIL 3, 2078 10 B-8 22B. AWARD PURCHASE ORDER FOR A T350 HEAVY DUTY FORD TRANSIT VAN WITH MODIFICATIONS {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Wondries Fleet Group in the amount of $94,936, plus a contingency of $4,000, for a total amount not to exceed $98,936, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. AWARD BLANKET PURCHASE ORDER CONTRACTS FOR MISCELLANEOUS PLUMBING SUPPLIES {STRATEGIC PLAN NO. 6, 2) - Finance and Management Services Agency; Public Works Agency; Parks, Recreation and Community Services; and Police Department MOTION: Award blanket purchase order contracts for miscellaneous plumbing supplies for a two-year period expiring March 31, 2020, with provision for three one-year renewals exercisable by the City Manager, in as annual aggregate amount not to exceed $125,000 subject to non - substantive changes approved by the City Manager and City Attorney with the following vendors: Vendor Location Ferguson, Pomona Plumbing & Industrial Supply, Los Angeles 22D. SPEC. NO. 14-093 - AMEND CONTRACT WITH PROFESSIONAL ACCESS CCTV & ELECTRICAL FOR IMPLEMENTATION OF SECURITY MEASURES FOR THE WORK CENTER LOCATED AT 801 W. CIVIC CENTER DRIVE, SECOND FLOOR {STRATEGIC PLAN NO. 6, 1C & G) - Finance and Management Services Agency; and Community Development Agency MOTION: Amend the contract with Professional Access CCN & Electrical for implementation of additional security measures at the Work Center in the amount of $20,195 for a total amount not to exceed $115,082, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECT/CHANGE ORDER 23A. AWARD CONTRACT TO BELCO ELECTRIC, INC., FOR INSTALLATION OF GRANT -FUNDED TRAFFIC SIGNAL MODIFICATIONS AT WARNER AVENUE AND FLOWER STREET (PROJECT NO. 176893) {STRATEGIC PLAN NOS. 6, 1 B & 1 G)- Public Works Agency MOTION: CITY COUNCIL MINUTES 9 APRIL 3, 2018 10 B-9 1. Reject all bids received on December 4, 2017, for construction of the Warner Avenue and Flower Street Traffic Signal Modification project. 2. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $77,752, for the term beginning upon execution of the contract and ending upon project completion, for the Warner Avenue and Flower Street Traffic Signal Modification project, subject to non - substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $116,250 which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $26,835. AGREEMENTS 25A. APPROVE AGREEMENTS WITH HOLLAND & KNIGHT AND TOWNSEND PUBLIC AFFAIRS FOR FEDERAL AND STATE GOVERNMENT LIAISON SERVICES {STRATEGIC PLAN NOS. 1-7) - City Manager's Office MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Holland & Knight, LLP of Washington, D.C. for federal government liaison services for a three year term beginning April 1, 2018 through March 31, 2021 with a one year extension exerciseable by the City Manager, at a total annual amount of $117,600, and an aggregate amount of $352,800 for three (3) years, subject to non - substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-080). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Townsend Public Affairs, Inc. for state government liaison services, for a for a three year term beginning April 1, 2018 through March 31, 2021 with a one year extension exerciseable by the City Manager, at a total annual amount of $60,000, and an aggregate amount of $180,000 for three (3) years subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-081). 25B. APPROVE AN AGREEMENT WITH G AND C EVENT PRODUCTIONS TO PRODUCE THE FIESTAS PATRIAS 2018 EVENT {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community Services Agency CITY COUNCIL MINUTES 10 APRIL 3, 2018 1OB-10 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Interactive Games and Creations, Inc. dba G and C Event Productions to produce the Fiestas Patrias 2018 event, which will include an in-kind subsidy for city internal costs of up to $75,000, for a period from April 4, 2018 through December 31, 2018, with the option to renew two additional one-year terms upon approval by the City and an additional $75,000 in-kind subsidy for each Fiestas Patrias event produced, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-082). 25C. APPROVE AN AMENDMENT WITH WINBOURNE CONSULTING FOR PROJECT MANAGEMENT SERVICES FOR THE INTEGRATED SOFTWARE SYSTEM FOR THE POLICE DEPARTMENT {STRATEGIC PLAN NO. 1, 2A) — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Winbourne Consulting for project management services for the implementation of the TriTech integrated software system, extending the term through August 31, 2018, and increasing the amount by $43,000 for a new total agreement amount not to exceed $203,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-083). 25D. APPROVE AMENDMENT AND AN AGREEMENT WITH LEXISNEXIS FOR LEGAL RESEARCH SERVICES {STRATEGIC PLAN NO. 7, 51 - City Attorney's Office MOTION: Authorize the City Manager and the Clerk of the Council to execute agreements to include additional services in the amount of $14,394 for a term beginning April 3, 2018 through December 31, 2020 and a total aggregate amount not exceed $39,639, subject to non -substantive changes approved by the City Manager and City Attorney. 1. Approve the amendment and supplement the terms of the Lexis Advance Subscription Agreement previously entered into between LexisNexis, a division of RELX Inc. (" LN") and Subscriber (the "Subscription Agreement") (AGMT. No. 2018-084). 2. Approve the Fixed Price Agreement which shall begin on the date the Customer billing account is activated by LN and continue for a non — cancelable period of 36 full calendar months (AGMT. No. 2018-085). 25E. APPROVE AN AGREEMENT WITH STRAIGHTLINE COMMMUNICATIONS LLC FOR WATER QUALITY CONSUMER CONFIDENCE REPORT AND AUXILIARY SUPPORT SERVICES {STRATEGIC PLAN NO. 5, 41 - Public Works Agency CITY COUNCIL MINUTES 11 APRIL 3, 2018 1OB-11 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Straightline Communications LLC for a three-year period beginning April 3, 2018, and expiring April 2, 2021, with a provision for a two-year renewal exercisable by the City Manager and City Attorney, in the amount not to exceed $70,000 annually, including an annual lump sum fee of $15,500 for preparation of the annual report and up to $54,500 for annual auxiliary services for the term of the agreement, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-086). 25F. APPROVE AN AMENDMENT AGREEMENT WITH ACIRE, INC., FOR MAINTENANCE AND SUPPORT OF THE SECURE BIKE PARKING FACILITIES (PROJECT NO. 18-6904) {STRATEGIC PLAN NO. 6,1G}- Public Works Agency MOTION: 1. Authorize the City Manager, City Attorney, and Clerk of the Council to exercise a one-year renewal period for maintenance and support of the secure bike parking facilities. 2. Amend the compensation for the Agreement with Acire, Inc., in the amount of $7,310 for the remainder of the 2017118 Fiscal Year, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-087). 25G. APPROVE AN EXTENSION TO THE AGREEMENT WITH VANIR CONSTRUCTION MANAGEMENT, INC FOR A JAIL REUSE STUDY OF THE SANTA ANA JAIL {STRATEGIC PLAN GOAL NO. 1, 51 - City Manager's Office MOTION: Authorize the City Manager and the Clerk of the Council to extend a one-year agreement by four months with Vanir Construction Management, Inc. for a Jail Reuse Study of the Santa Ana Jail, for the period of April 4, 2018 through July 31, 2018, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-088). 25H. APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 3A, 1302 W. 11TH STREET (APN 004-111-22) (PROJECT NO. 136792) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the real property located at 1302 W. 11th Street (APN 004-111-22) for full acquisition, temporary construction easements, CITY COUNCIL MINUTES 12 APRIL 3, 2018 and goodwill (if any) with the property owner Leticia Carrillo, in the amount of $584,000, subject to non- substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-089). *Mayor Pro Tem dissented on item 25H. 251. APPROVE THE MEMORANDUM OF UNDERSTANDING WITH ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER TO PROVIDE GRANT FUNDED SERVICES TO ASIAN AMERICAN SENIOR CITIZENS {STRATEGIC PLAN NO 2, 41 — Community Development Agency Workforce Development Board approved recommended action on March 15, 2018 by a vote of 13-0 (Alegre, Baetz, Knitter, McGowan, Rose and Wadhera absent). MOTION: Authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Asian American Senior Citizens Service Center effective March 1, 2018 and terminate June 30, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-090). 25J. APPROVE AN AGREEMENT WITH MDG ASSOCIATES, INC. TO ASSIST IN THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (NON -GENERAL FUND){STRATEGIC PLAN NO. 4, 11 — Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with MDG Associates, Inc, to assist in the administration of the Community Development Block Grant program beginning April 3, 2018 and expiring April 30, 2019, with provisions for two, one-year extensions exercisable by the City Manager and City Attorney, in a total amount not to exceed $100,000 over a three-year period, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-091). 25K. APPROVE AN AGREEMENT WITH CITY OF GARDEN GROVE TO EXPLORE REDEVELOPMENT OF WILLOWICK GOLF COURSE LOCATED AT 3017 W. 5TH STREET {STRATEGIC PLAN NO. 3, 5A) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with the City of Garden Grove to explore the redevelopment of the Willowick Golf Course site located at 3017 W. 5th Street for the period of April 1, 2018 through March 31, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-092). CITY COUNCIL MINUTES 13 APRIL 3, 2018 1OB-13 LAND USE MATTERS DEEDS — TRANSFER OF'PROPERTY 30A. RELINQUISHMENT OF EMERGENCY ACCESS EASEMENT (301 EAST JEANETTE LANE, APN 041-215-03) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Quitclaim Deed No. 8645 relinquishing the City's interest in an emergency access easement at 301 East Jeanette Lane to PR/Wood Santa Ana Apartments, LLC, a Delaware limited liability company "END OF CONSENT CALENDAR"* BUSINESS CALENDAR ITEMS ORDINANCESIFIRST READING 50A. ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION 10-152 RELATED TO POLICE CANINES TO EXPAND THE DEFINITION TO "POLICE ANIMALS" {STRATEGIC PLAN GOAL 1, 5) - Police Department MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS MOTION: Martinez VOTE: AYES: NOES ABSTAIN ABSENT: RESOLUTIONS SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 14 APRIL 3, 2018 1OB-14 55A. AUTHORIZE FINANCING TO ACQUIRE STREETLIGHTS FROM SOUTHERN CALIFORNIA EDISON (SCE), APPROVE UPGRADING THE ACQUIRED STREETLIGHTS, AND APPROVE MASTER PLANNING OF THE STREETLIGHTS TO PROVIDE FIBER AND WIRELESS NETWORKING OPTIONS TO THE CITY {STRATEGIC PLAN NO. 1, 21 - Finance and Management Services Agency, Public Works Agency and Information Technology Department Councilmember Jose Solorio, noted Southern California Edison previously provided opportunity to cities to purchase poles and lights which would save the city money over time. Opined need to have them compatible with security cameras, Wi-Fl, and high speed fiber and some areas of the city need additional lighting to be funded by the savings from this program. Mayor Pro Tem Michelle Martinez thanked City Manager and current interim Public Works Director for bringing this item forward. Opined this is a great opportunity to modernize utilities and ability to have more power as city moves forward towards fiber optics network master plan. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR EXECUTIVE DIRECTOR OF FINANCE TO ENTER INTO AN ELEVEN YEAR FINANCING AGREEMENT WITH HOLMAN CAPITAL CORPORATION FOR FUNDING OF THE CITY'S ACQUISITION AND UPGRADES OF THE STREETLIGHTS SYSTEM FROM SOUTHERN CALIFORNIA EDISON PURSUANT TO THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND SCE AS APPROVED BY THE CITY COUNCIL ON APRIL 4, 2017 AND SUBSEQUENTLY APPROVED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Holman Capital Corporation(Holman), for the period of April 6, 2018 through July 3, 2029, for an amount not to exceed $8,608,052.64 for the purpose of financing the Streetlight Acquisition and Upgrade Project; contract contingency; Debt Service Reserve; Master Plan for Fiber Optic and Wireless Networking; installation of metering and control equipment; and execute any assurances and/or documents required for said agreement, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-093). 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Siemens Industry, Inc., to purchase and install Light Emitting Diode fixtures for citywide streetlight upgrades for a one-year period beginning April 3, 2018, and expiring April 2, 2019, with CITY COUNCIL MINUTES 15 APRIL 3, 2018 1OB-15 REPORTS 65A provisions for a one-year extension exercisable by the City Manager and City Attorney, in an amount not to exceed $2,162,800, including a $2,059,360 project fee and a contingency of $103,440, for the term of the agreement, including any renewal period, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-094). 4. Authorize the City Manager and Clerk of the Council to execute an agreement with Magellan Advisors, subject to non -substantive changes, to provide citywide fiber-optic and wireless broadband network consulting services for a three-year period beginning April 3, 2018, and expiring April 2, 2021, with two one-year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $225,000, including a $199,880 project fee and a contingency of $25,120, for the term of the agreement, for the term of the agreement including any extensions (AGMT. No. 2018-095). MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DISCUSSION AND REVIEW OF THE CALIFORNIA WATERFIX PROJECT UPDATE {STRATEGIC PLAN NO. 6,1 H) — Public Works Agency Presentation by Public Works Agency Water Resources Manager Nabil Saba. CITY COUNCIL MINUTES 16 APRIL 3, 2018 1OB-16 Council discussion ensued. • Mayor Pro Tem Michelle Martinez, noted funding will only apply to one tunnel. Opined vote will be historic and controversial. • Councilmember David Benavides, asked the length of time the estimated monthly cost of $2.40 to resident would be applied and timeline as to when project will be completely paid for. • Councilmember Vicente Sarmiento, opined other proposed projects are more expensive, project is sound, and benefit of working with other cities to reduce impact to residents. • Mayor Miguel Pulido, opined other cities are looking to buy water rights and need to look at the future to secure water rights for the City. • Mayor Pro Tem Michelle Martinez, expressed caution regarding storage capacity. Opined City of Santa Ana has one of the lowest consumption rate, need to ensure residents don't pay more, and need to consider what to do with the water not being used. • Councilmember Sarmiento as a representative on the Orange County Water District (OCWD) shared that there are other proposed projects that have been very expensive however, the expansion of ground water replenishment system is a solid investment producing an additional 30 million gallons of additional water available to us. OCWD comprised of the City of Santa Ana, City of Anaheim, and City of Fullerton have all pushed back on pumping percentage as their will be a rate impact to our residents. We are working with board to have a nominal if not minimal zero. Council received and filed the California WaterFix project update. CITY COUNCIL MINUTES 17 APRIL 3, 2018 1OB-17 PUBLIC HEARINGS 75A. PUBLIC HEARING — APPEAL NO. 2017-05 OF SITE PLAN REVIEW NO. 2016- 03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260 -UNIT MIXED-USE BUILDING `THE MADISON' AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission denied the project on December 11, 2017 by a vote of 5-0 (Mendoza and Nguyen dissented). Legal Notice published in the Orange County Reporter on March 23, 2018 Mayor Pulido opened the Hearing. Written communication from Tim Paone was received and included as part of the agenda packet; the following spoke on the matter: • Carlo Bonanni, expressed opposition to project. • Joy Torres, opined project is great for the City of Santa Ana and need to have a portion of the units designated as supportive living homes for Santa Ana residents Tim Paone, expressed opposition to project and outlined concerns to City Council. Requested project to be continued for 30 days to address concerns. Robert Bisno noted applicant has no rights or ownership of the driveway, parking study indicate only two cars travel every two minutes. Expressed opposition to any continuance and requested project to be approved. Proposed staff plan shown by Candida Neal, Interim Executive Director of the Planning and Building Agency. PROPOSED SITE PLAN I CITY COUNCIL MINUTES 18 APRIL 3, 2018 1OB-18 Council discussion ensued. • Councilmember Solorio expressed concerned with parking; and Interim Planning and Building Agency Candida Neal shared the following: ■.Project complies with MEMU Design Principles, and supports goals and objectives of the City's Strategic Plan- ■Setback variance supported - Purpose of 'increased setback is to provide Fire Authority access: The required 10 ftp setoackwould restrict fire access and• render project infeasible. ■ Parking variance not supported.- Street parking does not exist, overflow parking'is very, limited in vicinity, the 2 spaces per unit will satisfy parking. demand for project and will minimize, potential parking problems, in area. • Councilmember Sarmiento, expressed opposition to continuance for more than two weeks. Expressed concern as to the staff recommendation being changed, applicant being treated unfairly, and potential for economic development suffering. Moved to continue item two weeks. • Councilmember David Benavides, expressed opposition to continuing project. Opined Xerox correspondence expressing concerns were not major issues. MOTION: Continue consideration of matter to the April 17, 2018 City Council Meeting. MOTION: Sarmiento SECOND: Solorio CITY COUNCIL MINUTES 19 APRIL 3, 2018 1OB-19 'xrn.e- '34aYlawlBumngrbnut•�:,ion Cavi " ..9upFmt '..SSW Pvm __ _ _ _ __ _ _.�. i vw!maa..w-sw- .^;_"?•_ __.� __. _ _:moi_. ssxmmdw.�ela _. __.. ___._ _.— _ �. za�x+ .. aa�n nwms� ­yjiWi _ mtwnasnerio i �i • sa. o-WMR;W son•wrn+a� _ � PmWU 3.Ogam{/utlt�S10 iBtp¢tt�IiNll��6l�W611•g (Es0olwd NnWMV.� i Mmm,lEmuYtlun) • Councilmember Sarmiento, expressed opposition to continuance for more than two weeks. Expressed concern as to the staff recommendation being changed, applicant being treated unfairly, and potential for economic development suffering. Moved to continue item two weeks. • Councilmember David Benavides, expressed opposition to continuing project. Opined Xerox correspondence expressing concerns were not major issues. MOTION: Continue consideration of matter to the April 17, 2018 City Council Meeting. MOTION: Sarmiento SECOND: Solorio CITY COUNCIL MINUTES 19 APRIL 3, 2018 1OB-19 VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING - ORDINANCE AMENDMENT NO. 2018-02 TO AMEND CHAPTERS 8, 18 AND 40 OF THE SANTA ANA MUNICIPAL CODE TO PERMIT AND REGULATE CERTIFICATES OF OCCUPANCY, COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND DISTRIBUTION - Planning and Building Agency Legal Notice published in the Orange County Reporter on March 23, 2018. MOTION: Continue consideration of matter to the April 17, 2018 Council Meeting, at the request of staff. MOTION: Solorio VOTE: AYES: SECOND: Benavides Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75C. PUBLIC HEARING - RESOLUTION APPROVING A RELOCATION PLAN FOR WARNER AVENUE PHASE 1 IMPROVEMENTS BETWEEN MAIN STREET AND OAK STREET (PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G & 3, 2C) — Legal Notice published in the Orange County Reporter on March 23, 2018. MOTION: Continue consideration of matter to the April 17, 2018 Council Meeting, at the request of staff. MOTION: Solorio VOTE: AYES: SECOND: Sarmiento Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) CITY COUNCIL MINUTES 20 APRIL 3, 2018 1 OB -20 NOES: ABSTAIN: ABSENT: Martinez (1) None (0) None (0) 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. 1. DIRECT STAFF TO SEND A COURTESY NOTICE TO ALL CITY AGENCIES IN THE COUNTY REGARDING ABANDONMENT OF HOMELESS INDIVIDUALS (SOLORIO, MARTINEZ, AND SARMIENTO) 2. ADOPT THE DRAFT AGGRESSIVE AND SAFE PANHANDLING ORDINANCE AS DISCUSSED AT PUBLIC SAFETY COUNCIL COMMITTEE MEETING — COUNCILMEMBER SOLORIO (SOLORIO, MARTINEZ, AND VILLEGAS) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ARTICLE XII REGULATING AGGRESSIVE AND INTRUSIVE SOLICITATION ORDINANCE IN CHAPTER 10 THE SANTA ANA MUNICIPAL CODE The following spoke on the matter: • Joy Torres, expressed need for shelter and permanent supportive housing for Santa Ana residents. • Peter Katz, opined homeless problem has been ongoing since 1994, homeless count is off base, and expressed support for City Council's efforts to address homeless issue. • Tessa Adair, opined homeless needs are not being met. Expressed opposition ordinance. • Laura Morfin, expressed concerns of homeless issue in the City of Santa Ana and support for ordinance. • Beatriz Salas, opined government does not take issue with homeless problem and middle class is falling apart. Expressed opposition to ordinance. • Connie Hamilton, expressed support for cleaning up panhandlers in the City of Santa Ana. Expressed concern with the City's image regarding item 85B. • David De Leon, addressed City Council to expressed gratitude in addressing homeless issue. CITY COUNCIL MINUTES 21 APRIL 3, 2018 1 OB -21 Council discussion ensued: • Councilmember Jose Solorio, noted receipt of letters of support from businesses and residents. Directed staff to send notice to other cities asking them to not dump homeless in the City of Santa Ana. Opined ordinance is drafted based on best practices from other cities and need to protect residents and need to include special consideration or exclusion to those who are mentally ill. • Councilmember Juan Villegas, expressed support for item and need to take action. Noted in 2017 the City of Santa Ana received over 930 calls for service over panhandling. • Councilmember David Benavides, asked staff to clarify if there is already a code that would address concerns and how would ordinance be enforced. • Mayor Pro Tem Michelle Martinez, noted there are many students that do car washes for fund raisers, residents ask for assistance to pay for funeral services, and residents who sell flowers or oranges to earn a living. Expressed concern these residents would be impacted. • Councilmember Sal Tinajero, echoed statements made by Councilmembers. Opined importance to have time necessary to provide input and requested item to be continued. • Councilmember Vicente Sarmiento, asked to remove "courtesy' from notice being sent to Orange County cities and supportive of Item 85A-1. Expressed concern over potentially criminalizing certain activities and support for item. • Mayor Pro Tem Michelle Martinez, expressed concern over our current resources. Requested staff member, Hafsa Kaka, to share her thoughts over the proposed ordinance. • Councilmember Juan Villegas, echoed statements made by Councilmembers. MOTION: Circulate new draft notice letter to council without the word "courtesy" before it is mailed out. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Pulido, Martinez, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 22 APRIL 3, 2018 1 OB -22 MOTION: Continue item 85A-2 to for two weeks to allow staff to include a section to allow special consideration for those individuals that are mentally ill, consideration or exclusions for seasonal occurrences along with consideration of safety precautions to be adhered by solicitors. MOTION: Martinez SECOND: Villegas VOTE: AYES: Benavides, Pulido, Martinez, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 85B. IN AN EFFORT TO COUNTERACT A DIVISIVE AND DESTRUCTIVE ANTI - IMMIGRANT SENTIMENT BROUGHT FORTH BY RECENT ACTIONS TAKEN BY CERTAIN ORANGE COUNTY ELECTED BODIES WHICH CAN POTENTIALLY BE HARMFUL TO THE RESIDENTS AND COMMUNITY OF SANTA ANA, DIRECT CITY ATTORNEY AND STAFF TO TAKE CERTAIN ACTIONS, INCLUDING BUT NOT LIMITED TO PREPARING AND FILING AN AMICUS BRIEF IN THE MATTER OF THE UNITED STATES V. THE STATE OF CALIFORNIA. ET. AL., CASE NO. 18-264, TO SUPPORT THE PREMISE THAT THE TENTH AMENDMENT PROTECTS STATES AND LOCAL GOVERNMENTS FROM BEING COMPELLED OR COERCED TO ENFORCE EXCLUSIVELY RESERVED FEDERAL FUNCTIONS. IN ADDITION, CLARIFY AND MORE ACCURATELY REFLECT THE FOLLOWING TO THE PUBLIC: SANTA ANA'S SANCTUARY CITY ORDINANCE NO. NS -2908, SIMPLY CODIFIES PUBLIC SAFETY PRACTICES THAT HAVE BEEN IN EFFECT FOR OVER 40 YEARS. THESE PRACTICES COMPLY WITH ALL FEDERAL LAWS, INCLUDING 8 U.S.C. SECTION 1373, AND RESULT IN EFFECTIVE PUBLIC SAFETY STRATEGIES. IN ESSENCE, SANTA ANA PRIORITIZES LOCAL LAW ENFORCEMENT, INSTILLS TRUST IN OUR RESIDENTS, AND PROTECTS AND SERVES ALL MEMBERS OF OUR COMMUNITY, AND 2. SANTA ANA VALUES THE CONTRIBUTIONS MADE BY ALL MEMBERS OF OUR COMMUNITY. WE EMBRACE THE PHILOSOPHY OF INCLUSION, AND PROUDLY DEFEND THE RIGHTS OF IMMIGRANTS, DOCUMENTED AND UNDOCUMENTED, IN THE CITY OF SANTA ANA, AND THE STATE OF CALIFORNIA — COUNCILMEMBERS BENAVIDES AND SARMIENTO The following spoke on the matter: CITY COUNCIL MINUTES 23 APRIL 3, 2018 1 OB -23 • Asmaa Ahmed, opined many in the community are experiencing fear and concern over anti -immigrant rhetoric. Expressed support of City Council for declaring the City of Santa Ana a sanctuary city. • Carlos Perea, opined there is a rise of anti -immigrant sentiment in Orange County by elected officials. Expressed support for item. • Doreen Myers, addressed City Council to express concerns over sanctuary city concept. Expressed opposition to item. Nayali Diaz, opined City of Santa Ana is a majority minority, are not rapists or criminals and only want to make a living to support their families. Council discussion ensued. • Councilmember David Benavides, noted City Council previously took action to formally declare City of Santa Ana a sanctuary city as a direct response to anti -immigrant rhetoric being spread by candidate Trump. Opined many in the community are fearful of threats and charges made by President Trump, in order for a community to be safe there needs to be strong police and community relationship, and deputizing local law enforcement to do the work of the federal government breaks down the trust of the immigrant community. Directed staff to prepare amicus brief and document outlining answers to basic questions. • Councilmember Sal Tinajero, noted when Donald Trump was elected City Council did not hesitate, when the federal government asks a city for information regarding a person who has been arrested they must comply, and City of Santa Ana is in compliance with federal law. Opined community becomes afraid to call police if city does not work with them, effort to inform community that police officers are here to protect them and not go against them, and continued efforts to build strong relationship with community. Councilmember Vicente Sarmiento, opined City Council is following the law and need to file amicus brief to support State of California against federal action against California. Noted Cato Institute study and findings indicate undocumented population commits crime at a much lower rate than mainstream population. MOTION: Direct City Attorney to write Amicus Brief and draft a document that address the value toward public safety and the benefit of having community trust i.e. Frequently Answered Questions to address the Sanctuary City Ordinance position of the City of Santa Ana. MOTION: Benavides VOTE: AYES SECOND: Tinajero Benavides, Pulido, Martinez, Tinajero, (5) Sarmiento, CITY COUNCIL MINUTES 24 APRIL 3, 2018 1 OB -24 NOES: Villegas(1) ABSTAIN: None (0) ABSENT: Solorio (1) Mayor Pulido left at 9:41 P.M. RECESSED CITY COUNCIL MEETING AT 9:55 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:59 P.M. WORK STUDY SESSIONS WS -1. NEIGHBORHOOD PILOT PARKING STUDY AUDIT AND ANALYSIS - Public Works Agency Presentation by Acting Executive Director of Public Works, William Galvez. CITY COUNCIL MINUTES 25 APRIL 3, 2018 1 OB -25 I�LZ,..11A1�{Irfr�l7 �'•�'[„��''�ll}J Bounded 6-” • Lincoln AvenueFreeway -• • 170" Streef -North 6 Urnb s ,t E8 Chosen tor:- • Highnumbet of.Regoesji'for iF .Service. .. • Housing Density Mtxtu4 • Potentiol,aieas of'oppor9unity r t v What is being analyzed? • Housm9 iYper +. x • Number of parking,spo�c£p uiingparcelunit T� Pporking �Avadab Immediate areas of opportunity,to reinstate parking along back walls, arterials .palk. fiontages, and paiking,lots (With restrictions) ✓ Baseline &. starting point fora Citywide Parking A' Management Plan 4 s Bounded by: ` Main Street =Railroad<,a<ks �i -'Edinger Avenue "l,'Shr et 71 Chosen for: •' High number of Reque for r 1 Service 1 • Housing Density Miiiuigft • Potential Areas of Opporrunity v What is being analyzed? • Housm9 iYper +. x • Number of parking,spo�c£p uiingparcelunit T� Pporking �Avadab Immediate areas of opportunity,to reinstate parking along back walls, arterials .palk. fiontages, and paiking,lots (With restrictions) ✓ Baseline &. starting point fora Citywide Parking A' Management Plan Council discussion ensued. Mayor Pro Tem Michelle Martinez, thanked City Council for supporting pilot study. Opined pilot will provide a bigger picture and allow identification of positive next steps. • Councilmember Jose Solorio, requested staff to consider shared parking in shopping malls, identify areas were parking lifts may be applicable, apartments to provide more onsite parking or assist financially with issue, and look at parking permit district program. • Councilmember David Benavides asked staff to clarify two prong approach. WS -2. DISCUSSION OF REAL PROPERTY DISPOSITION POLICY - Community Development Agency • Joese Hernandez, opined importance to develop process for developing land, need to slow process, and should be more inclusive to the community. Expressed opposition to item. Presentation by Interim Executive Director of Community Development Agency, Robert M. Zur Schmiede. CITY COUNCIL MINUTES 27 APRIL 3, 2018 1 OB -27 BACKGROUND { • Following Up Council Direction • Staff Working Group (CMO, CAO, CDA, PWA, PRCS, PBA) • Draft policy to EDIBT on 3/12/18 • Meeting with Equity For All Coalition on 3/22 CONTENT OVERVIEW J -11t • Purpose and Intent • Custodian of List of Properties (Approx. 90) • Establishment of RPDC—Role and Function • Review and Recommend Properties • Qualification of and Participation by non -profits CONTENT OVERVIEW (cont.) • Procedures/Requirements for Sale: • Muni Code • Govt Code 54220-54233 • Grantor Restrictions • Others • Leasing CITY COUNCIL MINUTES 28 APRIL 3, 2018 1 OB -28 EQUITY FOR ALL COALITION , REQUESTS • Public Participation in RPDC Process • Factors to be considered • Public Participation in Disposition solicitation Process • Provide preference for buyers whose proposals include Community Benefits • Use of Proceeds Council discussion ensued. • Councilmember David Benavides, directed staff to schedule a follow up meeting with Councilmembers. Asked staff to clarify disposition to properties. Opined need to look at long term benefit to community. • Councilmember Jose Solorio, opined need to look into providing community benefit use, require an operation plan, maintenance fund and development plan if and when land is sold to nonprofits; inclusion of revision of land clause, neighborhood association inclusion, and exclusion of participants who have interest in the stake of the outcome. • Mayor Pro Tem Michelle Martinez, opined need to everything possible to place properties on tax roles, City of Santa Ana does not have the means to upkeep or manage properties, and city is financially constrained. COMMENTS PUBLIC COMMENTS • Dale Helvig, expressed opposition to 2525 Main Street development project. • Joe A., addressed City Council to request assistance to neighborhood parking issue. • Brennan Sizemore, shared with City Council the national campaign for financial literacy program. CITY COUNCIL MINUTES 29 APRIL 3, 2018 1 OB -29 Joy Torres, encouraged City Council to provide supportive housing units, to help Santa Ana residents, and to create permanent housing. • Karen Romero Estrada, expressed feedback to real property disposition policy. Opined City has a responsibility in stewarding public land and public land should give community benefit. Asked City Council to provide additional time to the community to meet with city staff and Councilmembers. 90A. CITY MANAGER'S COMMENTS City Manager Raul Godinez, highlighted upcoming bike rodeo event and community budget meeting. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Jose Solorio, • Thanked staff and attendees to Cesar Chavez beautification event and staff and Councilmembers who attended point and count event. • Directed staff to provide number of call for service for prostitution and related issues along the Harbor corridor. Councilmember Juan Villegas, • Echoed statements made by Councilmember Solorio. Need to address problem. Councilmember David Benavides, • Noted newly appointed directors to Community Development Agency and Planning and Building Agency, and Youth Services Supervisor. • Directed staff to schedule meeting with Youth Services Director. Noted diversity of Santa Ana community and upcoming art walk event. Councilmember Vicente Sarmiento, • Echoed statements made by Councilmembers Benavides. • Noted newly added communication firm, upcoming census count issues, upcoming code of ethics presentation. Councilmember Sal Tinajero, • Echoed statements made by Councilmember Sarmiento. Opined census is very important and need to educate the community. Mayor Pro Tem Michelle Martinez, • Directed staff to notify Councilmember of any activities for Bike to Work week. • Recognized Jorge Garcia for his hard work and efforts. CITY COUNCIL MINUTES 30 APRIL 3, 2018 1 OB -30 Opined need to take fireworks issue to the voters, upcoming CDBG reflect Council priorities, and the nation is watching Orange County. for ADJOURNMENT - 11:16 P.M. il The 20 8 neate5:00 p.m. for teting of the he Closed Sessiony Council is dMeet ng Tuesday, April 17, 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 Meeting in Memory of Retired Chief of Police, Raymond C. Davis, Retired Police Sargent, Irma Vasquez Mandell and Harry Dean Thomas Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS ission Appeal of The Madison, 200 N. Cabrillo Park, Dr. Planning Comm Fiscal Year 2018-19 Budget Bristol Street Corridor Plan Update Policy on Use of General Reserve and Enterprise Funds Amendment to Metro East Mixed -Use Overlay District Jail Reuse Study Work Study Sessions: o Mobile Vending Ordinance Implementation o Work Cooperative APRIL 3, 2018 CITY COUNCIL MINUTES 31 1 OB -31 1 OB -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ORDINANCE SECOND READING: ADOPT AN ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION 10-152 RELATED TO POLICE CANINES TO EXPAND THE DEFINITION TO "POLICE ANIMALS"(STRATEGIC PLAN NO. 5,1) .r/,�I ..� red I RECOMMENDED ACTION Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On April 3, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7-0: ORDINANCE NO. NS -2943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS In summary, the ordinance would expand the protections for Police Canines to include all Police Animals, including horses. These revisions will allow the Police Department to enforce willful, malicious or harmful actions against the police horses that proudly service this community. STRATEGIC PLAN ALIGNMENT 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). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2943 11 A-1 11 A-2 TB 4.3.2018 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 5, 1982, the City Council approved Ordinance No. NS -1625 adding Section 10-152 to Chapter 10 of the Santa Ana Municipal Code for the purpose of regulating willful or malicious acts against police canines in the performance of any duty or function with the Santa Ana Police Department. B. The City's Police Department currently utilizes six (6) police K -g's and one (1) bloodhound. Each day, there are two (2) K-9 units deployed citywide to assist the Police Department and outside agencies, upon request. C. In addition to the police canines serving the City, the City's Police Department will celebrate the 30th year anniversary of its Mounted Enforcement Unit in 2018. The Mounted Enforcement Unit is comprised of a stable of 8-10 horses with access to another 30 horses from the Orange County Regional team to assist with special events, protests and crowd control. The Unit patrols Santa Ana parks, shopping areas, and the Downtown District. The horse teams provide active enforcement assisting with quality of life issues; preventing physical altercations and criminal activity, and dealing with crowd control as their strongest asset. The horses are able to go where officers cannot drive and their calm majestic demeanor allows crowds to be dispersed quickly. D. In 2017, the Unit was deployed on 169 assignments. Each shift lasts up to eight (8) hours with two (2) horses for each deployment that equate to approximately 2700 hours of active service. E. In their service to the City, police personnel have witnessed acts against police service horses including the following: bottles thrown at them; individuals purposely kicking their legs; taunting, screaming, striking the horse on its hind quarters or similar actions in an attempt to spook the horse; extinguishing a burning cigarette on the horse; and punching a police horse in the face causing the horse to try and escape only to slip and fall onto the sidewalk. While these events are not a daily occurrence, a frightened or hurt Ordinance No. NS-XXXX Page 1 of 3 11 A-3 animal can cause injury to itself, the mounted officer, and place the public in harm's way due to these willful and malicious actions. F. The horses are a favorite amongst local business owners and act as ambassadors to both Santa Ana residents and visitors. The Mounted Enforcement Unit has received positive reaction from the community and is credited with creative policing within the City. Santa Ana police horses provide a way for residents and visitors to approach officers for various needs, when they perhaps would not ordinarily make the effort to do so. G. The City has evaluated the needs and concerns as it relates to the City's Mounted Enforcement Unit and in particular unlawful actions taken against the horses. In doing so, the City has determined the municipal code currently only addresses unlawful actions against the City's police canines. The City has determined the current code section requires revision to enforce willful, malicious or harmful actions against the police horses that serve this community. Section 2. Section 10-152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE I. IN GENERAL Sec. 10-152. — Pollee Ganines Unlawful Acts Toward Police Animals (a) No person shall willfully or maliciously tease, harass, agitate, provoke, beat strike, kick, disable, injure, kill, administer or disperse any desensitizing drug, chemical or substance, or aawarFaRtabty in any way interfere or meddle with, any police canine animal. (b) As used in this section, "police eanine animal" means any dog, horse or any other animal utilized by the police department or any officer or employee thereof, in the performance of any function or duty of said department, officer or employee. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 3 11 A-4 ADOPTED this _ day of April, 2018. Miguel A. Pulido Mayor IS PROVED AS TO FORM: nia Carvalh , City Attorney amara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Maria D. Huizar Clerk of the Council City of Santa Ana 11 A-5 Ordinance No. NS-xxxx Page 3 of 3 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR MARCH 2018 {STRATEGIC PLAN NO. 5, 1} CLt MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for March 2018. DISCUSSION The March 2018 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: hfti)://www.santa-ana.org/strategic-PIann1ng/ STRATEGIC PLAN ALIGNMENT 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). FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) red 1 Cltk MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT 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). FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit: 1. Request for Destruction of Records — Police Department 19D-1 19D-2 7010 APR -6 AM) 7: 20 CITY OF SANTA ,H, CLERK OF COUNTiI_ Memorandum To: City Attorney, Sonia Carvalho From: Correctional Manager Jaime Manriquez Date: 2/16/2018 Re: Records Destruction Request Ms. Carvalho, For your review and approval, attached are requests from the Jail, Police Records, Fiscal and Evidence to destroy records in accordance with the City's Records Destruction Policy. If you have any questions or concerns, please let me know. Unless you have questions or concerns, will you please sign and forward them to the City Clerk's office for City Council approval. You may contact me at 245-8123, if you need additional information. Thank you. Respectfully submitted, e Mar riquez Exhibit 19D-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT 2418 APR _6 (,'; 7`20 Division Name: JAIL CITY CL S,N T n ARP, r•i GQk: RF C010?1C1L Record Category Record Series Record Description Record Dates Jail Inmate Records By I/M Name Booking, Release, and Custody Files 2006,2007 Jail Inmate Records By I/M Name Booking, Release, and Custody Files 2005, 06, 07 Jail Admin. Reports Intake Stats Daily Summery Intakes 2014,15 Jail Operation Reports Shift Activity Logs Significant Event Welfare Checks 2015 Jail Admin. Reports I/M Mail Logs I/M Mail Summery 2015,16 Inmate Records By I/M Name Summary Intakes 2008, 09, 10, 11,12,13,14," 15 Jail Admin. Reports Population Rosters Daily Population Logs 2015,16 Employee Records Personnel File Employment Records i.e. Pay Changes, Accomldations 2014,15 Jail Operation Reports Activity Summary Synopsis of Population Demography 2015 Jail Admin. Reports Intake Statistics Daily Summery of Intakes 2014,15 Prepared by: Name: Thompson #3112 Date: 02/27/2018 Title: SCA, Per Records Supervisor Guillen Page 1 of 2 19D-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT 7019 APR -6 •"•. 7:21 Division Name: JAIL CITY Or SANTA ANA Number of boxes to be destroyed: 392 CLERK OF COUNCII. CONSENT BY: ------------ David V ti ,Chief of Police Date Assistant City Attorney Records destroyed by: Date of destruction: Print Name & Badge # Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 I b D-5 19D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: AUTHORIZE TRANSACTION WITH CLYDE ARMORY, INC. FOR PATROL RIFLES & ACCESSORIES (SPEC. NO. 18-014) (STRATEGIC PLAN NO.1, 5) C Y MANAGER 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 a one-time transaction with Clyde Armory, Inc. for the acquisition of 38 new Daniel Defense patrol rifles with accessories valued at $81,147 and for additional miscellaneous weapon accessories in the amount of $4,298 in exchange for 335 used firearms with a trade-in value of $85,445, subject to non -substantive changes approved by the City Manager and City Attorney. The Santa Ana Police Department utilizes Daniel Defense manufactured rifles as the standard issued police vehicle rifle. A rifle is part of the equipment issued to officers to assist them in their primary responsibility of protecting the community. The Daniel Defense rifle allows for standardization in training, ammunition and magazine interchangeability between officers. Standard issued equipment ensures officers are properly equipped to adequately address unusual tactical circumstances and meet officer safety objectives. The current rifle inventory is 85, purchased in 2015. The additional 38 rifles will allow the Police Department to equip all police vehicles with a patrol rifle. The notice inviting bids was advertised on February 16, 2018 and offers were solicited for the used firearms. A summary of the bids and offers received are as follows: 94 Vendors were notified 15 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 4 Bids received The solicitation called for qualified vendors to submit a bid for 38 Daniel Defense rifles with accessories as well as offer an in-store credit for 335 used rifles and shotguns. The 335 used firearms are over 10 years old, which exceed the industry standards life cycle and are no longer in use by Santa Ana Police Department. The bid received from Clyde Armory, Inc. is responsive 22A-1 Authorize Transaction with Clyde Armory, Inc. April 17, 2018 Page 2 to the specifications and meets the City's requirements. The bid pricing for the 38 rifles with accessories in the amount of $81,147, when combined with the trade-in credit value of $85,445, offers the best value to the City. It funds the acquisition of 38 Daniel Defense rifles, rifle optics, flashlight, slings and magazines and provides an additional $4,298, which will be used to buy additional miscellaneous weapon accessories. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Goal # 1 — Community Safety, Objective # 5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT There is no fiscal impact associated with this transaction. In exchange for 335 used firearms, the vendor will issue an in-store credit in the amount of $85,445. The Police Department will buy patrol rifles with accessories and other miscellaneous weapon accessories up to that dollar amount. Exhibit: 1. Abstract of Bids EG/sp 22A-2 ABSTRACT OF BIDS PATROL RIFLES AND ACCESSORIES (18-01 EXHIBIT 1 22A-3 Clyde LC Action Proforce BIDDER Armory, Inc. Police Supply Marketing RifleGear Location Athens, GA San Jose Prescott Fountain Valley 38 Rifles 38 Optic, 38 Streamlight 38 Sling 1050 Magazines Total $81,146.20 $83,627.84 $87,733.22 $81,017.23 Trade -In Value of 335 Firearms $85,445.00 $ 79,800.00 $58,025.00 $22,675.00 TOTAL BID AMOUNT: ($4,298.80) $3,827.83 $29,708.22 $58,342.23 EXHIBIT 1 22A-3 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: AWARD A PURCHASE ORDER TO INNOVATIVE TACTICAL TRAINING SOLUTIONS FOR TACTICAL TRAINING MANIKINS (SPEC. NO. 18-029) (STRATEGIC PLAN NO.1, 5) i C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -:• 9 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Innovative Tactical Training Solutions for two TOMManikin Gen4 Tactical Training Manikins in the amount of $110,102, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from Gaumard Scientific Co., Inc. as nonresponsive. The United States Department of Homeland Security, Office of Grants and Training have developed the Urban Areas Security Initiative (UASI) funding program. This initiative is designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate training & equipment to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects which include, providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. Tactical Emergency Casualty Care (TECC) has been a UASI-funded course delivered for the past several years. It was developed specifically for Law Enforcement first responders to train in the use of immediate life-saving measures when an officer or civilian is injured. The course emphasizes medical and physiological conditions specific to life-threatening (with an emphasis on Active Shooter) injuries and how to treat them until proper medical care can be administered. Such conditions include, but are not limited to: gun -shot wounds, perforated lungs, and partial or complete amputation of limbs. The course was designed to be as genuine as possible and employs a number of training aids including life-sized mannequins, moulage (fake blood), and stress -inducing noises and scenarios simulating a realistic tactical situation. Realism in any law enforcement related training is the instrument that will ensure a commensurate response during real-world situations. 2213-1 Contract Award for Tactical Training Manikins April 17, 2018 Page 2 The current mannequins being utilized were designed for "dragging" exercises only. They are several years old, are breaking apart, and do not offer any of the realistic simulations that current products do such as respiration, bleeding, and speaking various phrases. Since the purchase of the current mannequins, the technology for realistic life -like training aids has advanced exponentially. The most realistic mannequin on the market today is the TOMManikin Gen4 Tactical Training Manikin, and is specifically designed for courses just like TECC. The TOMManikin includes very realistic features such as gunshot wounds, amputated limb, sucking chest wound, etc. It comes with a compressor to regulate realistic breathing, as well as a tablet to control speaking, bleeding, movement, and much more. The TOMManikin is the best product available to train first responders in life-saving measures with a realism that is unparalleled. The City desires to use FY15 UASI funds to procure two TOMManikins to enhance and continue the quality of the TECC training course. The skills learned in this course have been deployed and documented several times since inception and have helped save the lives of several Santa Ana residents. The notice inviting bids was advertised on March 13, 2018 and offers were solicited. A summary of the bid invitations and bids received is as follows: 101 Vendors were notified 3 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 2 Bids received Bids were received and opened on March 26, 2018. The bid received from Innovative Tactical Training Solutions 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 # 1 Community Safety; Objective # 5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $110,102 are available in the FY 2015 UASI CAL OES Santa Ana account (12514407-66400-16424001182-3498). avid in Chief of Police Santa Ana Police Department EG/OL APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: AWARD PURCHASE ORDER TO GREAT PACIFIC EQUIPMENT, INC., FOR A TRUCK -MOUNTED LOADER (SPEC. NO. 18-013) {STRATEGIC PLAN NO. 6,2) ��A r Clik MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Great Pacific Equipment, Inc., for the procurement of a truck -mounted loader in the amount of $101,675, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency is in need of a truck mounted loader to replace an existing loader that recently became inoperable. The existing broken loader is over 12 years old and was used to lift tree limbs and stumps weighing over 2,000 pounds, and large roadway debris unable to be lifted by staff. Due to extreme wear and tear on this type of mechanical equipment, the city loader broke down and became inoperable. Given the large number of street trees and roadside debris in the City, it is imperative to replace this unit to reduce liability exposure. Additionally, this loader unit serves as an innovation and efficiency measure by expediting service response and reducing the need to employ multiple staff to perform these duties. The Notice Inviting Bids was advertised on January 30, 2018, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 43 Vendors notified 8 Vendors downloaded the bid packet 1 Bid received 0 Bid received from a Santa Ana vendor 22C-1 Contract Award for Truck -Mounted Loader April 17, 2018 Page 2 The bid was opened on March 8, 2018, and evaluated. The bid submitted from Great Pacific Equipment, Inc., is responsive to the specifications and meets the City requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 – Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $101,675 are available in FY 2017-18 Public Works Agency Roadway Cleaning account (No. 06817641-66400). - — - --------- --- -- APPROVED AS TO FUNDS AND ACCOUNTS: dwin William— , P.E. Acting Executive Director Public Works Agency EW G/CL/sp Executive Director J � x TvN,�"8 Finance and Management Services Agency 22Ci-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 17, 2018 TITLE: APPROVED AWARD PURCHASE ORDER TO [I As Recommended GUARANTY CHEVROLET MOTORS INC. ❑ Amended E]OOrrdinance on 1s' Reading FOR THREE CHEVY BOLT ELECTRIC ❑ Ordinance on 2nd Reading VEHICLES (SPEC. NO. 18-012) ❑ Implementing Resolution (STRATEGIC PLAN NO. 6,21 ❑ Set Public Hearing For r TY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. for the procurement of three 2018 Chevy Bolt electric vehicles in the amount of $114,460, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance, and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division .(FMCS) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. In an effort to transition the City fleet to include more alternative fuel vehicles, FMCS staff has identified the need to purchase three Chevrolet Bolt electric vehicles (EV). Approval of this purchase will position the City to receive a $10,000 reimbursement for each vehicle purchased from the 2017 MSRC Local Government Partnership,-: once the grant agreement is fully executed later this year. The Public Works Agency is in need of one new vehicle for the recently created Safety Coordinator position. This position requires a vehicle to visit city constructions sites, and attend local safety and emergency preparedness seminars and meetings throughout Southern California. Additionally, the Planning and Building Agency currently leases two Nissan Leafs for Building Safety staff. These leases expire in June, and staff would like to replace these vehicles with new Chevy Bolt EVs. The Chevy Bolt battery life provides a range of approximately 238 miles on a single charge. 22D-1 Contract Award for Chevy Bolt EV April 17, 2018 Page 2 The Notice Inviting Bids was advertised on January 30, 2018, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 43 Vendors notified 7 Vendors downloaded the bid packet 1 Bid received 1 Bid received from a Santa Ana vendor The bid was opened on March 7, 2018, and evaluated. The bid submitted from Guaranty Chevrolet Motors Inc., a Santa Ana vendor, is responsive to the specifications and meets the City requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds are available in FY 2017-18 Water Quality account (06017645-66400) for $38,155 and in the Fleet Services -Air Quality Improvement account (03110101-66400) for $76,305. APPROVED AS TO FUNDS AND ACCOUNTS: y dwin "William" Galva , .E. Francisco Gutierrez t obo) x(037 Acting Executive Director Executive Director Public Works Agency Finance and Management Services Agency FG/CL/sp 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ACCEPT CONSTRUCTION COMPLETION FOR THE WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS PROJECT - (PROJECT NO. 16-6868) (STRATEGIC PLAN NO. 6, 1B & 1G) ClaV4ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Accept the work as completed for the construction of the Warner Industrial Community Pavement Improvements project. DISCUSSION On June 21, 2016, the City Council awarded a construction contract to R.J. Noble Company, in a base contract amount of $3,946,915 and a construction contingency of $600,000. Since 2011, property owners within the Warner Industrial Community (WIC) area and City staff worked together to establish an Assessment District (AD) that, along with an equal City contribution, funded the street improvements within the WIC boundary (Exhibit 1). The pavement was deteriorated due to weather, age, heavy usage, and poor drainage. The improvements included the removal and replacement of failed asphalt concrete pavement and the replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, driveway approaches and ADA curb ramps. These improvements will extend the life of the pavement and have enhanced the ride quality, surface drainage, and appearance of the street. This public-private partnership (P3) method of delivering services required that the City use a third - party banking entity to manage the various funding sources, issue payments to the contractor, and assist with project reconciliation. Although the construction has been completed, a final expenditure report reconciling all project costs will be included in the assessment district annual report which is completed every year in July. Project costs include design, administration, construction, construction management, and inspection. The annual report provides required financial reporting on the assessment district so that annual property tax levies may continue, and the revenue collected may be used for making payments on the bond debt services. 23A-1 Construction Completion Warner Industrial Community Pavement Improvement April 17, 2018 Page 2 The P3 led to project funding as follows: Below is a summary of authorized and actual expenditures on project construction: AUTHORIZED FUNDS AVAILABLE Planning, Design, Engineering, _ Infection __ Construction Total Assessment District_$326,025 $1,847,475 $2,173,500 City of Santa Ana $470,012 $2,663,403 $3,133,415 TOTAL FUNDS AVAILABLE $796,037 $4,510,878 $5,306,915 Below is a summary of authorized and actual expenditures on project construction: AUTHORIZED FUNDS AVAILABLE Construction Contract Award $3,946,915 Contingency $600,000 _ _ TOTAL AUTHORIZED $4,546,915 CONSTRUCTION EXPENDITURES Construction Contract_ $3,946,91_5 115% _ _ *Quantity Adjustments (+/-) $401,200 10% Contract Change Order— 1 $151,300 4% The Contractor honored their unit prices on all additional quantities of unclassified excavation, v -gutter, and sidewalk. ESTIMATED FINAL COST CONSTRUCTION $4,499,415 *Quantity adjustments typically account for variations from changing field conditions. In this project, quantities varied greatly due to the time that lapsed from when bids were received to the start of construction. The time delay was necessary to allow for the formation of the assessment after bids were received, but before starting construction. In this case, property assessments could only be based on contract costs and not estimated costs. 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT There are no environmental impacts associated with the recommended action. 23A-2 Construction Completion Warner Industrial Community Pavement Improvement April 17, 2018 Page 3 FISCAL IMPACT There are no fiscal impacts related with the acceptance of the improvements. yv��__r Edwin "William" Galy z, P.E. Acting Executive Director Public Works Agency EWG/TR/TC/MO Exhibits: 1. Location Map 2. Before and After Photos 23A-3 23A-4 NO r—� LEGEND ® PROJECT Lkm 7� CA t AN HARVARD 9f FCRMM AV C WWICCD AV PEIALETCN AV PBDLETCN AV PV Iti SANTA ANA ■ riIAI A ■ Y YYYY HH A DAM LAPRIL 17,201 nacs ANEBr w CENTRAL AV CENTRAL AV zz F7ADAMB Gi *,A ORA/yQ zkN MUM 3rA�III • • :' yam- • ti -i •• City of Santa Ana_ Public Works Agency — Construction x PROJECT 16-6868; WARNER INDUSTRIAL COMMUNITY PAVEMENT IMPROVEMENTS Intersection of S. Susan Street and W. Adams Street. Figure 1. Before Figure 2. After 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5,2; 5,3) Eevi�� CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ETJ •;• BI ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation Agmt. No. Robert H. Fairchild & Christine 2017-39 1718 North Flower St. 6:0 M. Lardas (Schaefer & Hardy absent Mark D. Pero & Mary E. Pero 2017-40 2208 North Greenleaf St. 5:0 (Murashie abstained, Schaefer & Hardy absent Susan Sally Fisher 2017-41 919 North Lowell Street 6:0 (Schaefer & Hardy absent George M. Will & Kelli L. Will 2017-42 2457 North Park Blvd. 6:0 (Schaefer & Hardy absent Christine L. Switzer 2017-43 2462 North Riverside Dr. 6:0 (Schaefer & Hardy absent HISTORIC RESOURCES COMMISSION ACTION On March 22, 2018, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. 25A-1 Historic Property Preservation Agreements April 17, 2018 Page 2 DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B5). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,891.13 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2017-39 1718 North Flower Street $819.96 B1 2017-40 2208 North Greenleaf Street $862.79 B2 2017-41 919 North Lowell Street $664.13 B3 2017-42 2457 North Park Boulevard $854.70 B4 2017-43 2462 North Riverside Drive $689.55 B5 Total for All Properties: $3,891.13 Candida Neal Acting Executive Director Planning & Building Agency MM:rb S:RFCA104-17-18\PBA Historic Prop Presewa8on Mills Act Agmt 417-18 APPROVED AS TO FUNDS AND ACCOUNTS: �ML lix X-3%7A�7 Francisco Gutierrez Q -5A ) Executive Director Finance & Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B5. Historic Resources Commission Staff Reports 25A-2 M/LLSACTAGREEMENT /Address/ Saila Ana, CA 9270 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and INamel . (hereinafter referred to 'as "Owner,), owners of real property located at Address , Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The 'City Council of the City of Santa Ana is authorized by California Govermuent Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at [Address]. Santa Ana, CA, 9270X and more particularly described in Exhibit A; attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of thus Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs; additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment EXHIBIT A M/LLSACTAGREEMENT JAddressJ Santa Ana, CA 9770 of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on [Date], and shall remain in effect for a tern of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of -this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as.provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner -to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for'1-Iistoric Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Department of Parks and Recreation Primary Record" attached hereto as Exhibit C, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass,, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the -'- 25A-4 HILLS ACT AGREEVENT /Address/ Santa Ana, CA 9270 State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit B, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused ,objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's c6mpliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance_ with the terms and provisions of this Agreement. 5. Cancellation.. a. The City, following a duly noticed public hearing by the City Council as set forth in Goverment Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Goverment Code 'Section .50286) of the current fair market •value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. 3- 25A-5 M/LLSACTAGREEMENT /Addressl Santa Ana, CA 9370 .b. If the Historic Property is destroyed ,by earthquake, fire, flood or other. natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the stricture will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms.of the. Agreement. In tlhe event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written.notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure' the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the 'Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any•claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by .the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at [Address], Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land - and shall pass to and be binding upon the Owner's successors and assigns in title or.interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, coveting or conveying the Historic Property or any portion thereof,, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations -4= 25A-6 M/L_LSACTAGREEMENT /Address/ Santa Ann, CA 9370 expressed in this Agreement regardless of whether such covenants, restrictions and. reservations are set forth in such contract; deed, or other instrument. S. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of thus Agreement is the substantial public benefit to be. derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement 'shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified_ by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: [Name(s)] [Address] Santa Ana, CA 9270_ 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terns, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Propefty. -5- 25A-7 31ILLS ACT AGREEMENT /Address] Saida Ann, CA 9270 d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by.any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. £ In the event that any of the provisions of this Agreement are held to. be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive .legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument ezecdted by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature Page Follows} -6- 25A-8 .ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney r By -+ LISORCK Assistant City Attorney OWNER: Date: N/LLSACTACREEMENT [Address] Stinm Ana, CA 9370 CITY OF SANTA ANA RAUL GODINEZ II City Manager RECOMMENDED FOR APPROVAL: CANDID'A NEAL Acting Director Planning and Building Agency m Date: By:. -7- 25A-9 MILLS ACT AGREEMENT /Address/ Saida Ann, CA 9270 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Number: -8- 25A-10 MILLS A CTA GREEMENT [Address] Sonia Axa, CA 9170 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of I-Iistoric Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originallyintended purpose.. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or •alteration of any historic material or distinctive architectural features should be avoided when .possible: 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of -missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building�materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to anyproject. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical; architectural or cultural material, and such design is compatible with -9- 25A-11 d//LLS ACT AGREEMENT fAddress/ Sala Ann, CA 9270 size, scale, color, material .and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures "shall be done in such a manner that'if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25A-12 AlILLS ACT AGREEMENT /Address/ Santa Ann, CA 9270 EXHIBIT C Department of Parks and Recreation Primary Record for Property -11- 25A-13 25A-14 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMNBSSIONMEMMDATE. -- MARCH 22, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-35, HISTORIC REGISTER CATEGORIZATION NO. 2017-34, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-39 FOR PROPERTY LOCATED AT 1718 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Ivan Flores HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting Executive birector Actin Pia A ping Manager U RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-35 and Historic Register Categorization No. 2017-34. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert H. Fairchild and Christine M. Lardas, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Robert H. Fairchild and Christine M. Lardas are requesting approval to designate an existing residence located at 1718 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,937 square foot, Art Modeme style residence and detached garage on a 9,775 square foot residential lot (Exhibit 2). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B1 25A-15 HRCA No. 2017-35, HRC No. 2017-34 HPPA No. 2017-39 March 22, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 81 years old. No known code violations exist on record for this property. The property, recognized as the H. Wagner House, has distinctive architectural features of the Art Moderne style, and was built in 1937 by Allison Honer. Character defining features of the H. Wagner House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco, metal trim,); roof configuration, materials, and treatment; massing and composition; fenestration (doors, and steel casement windows, double -hung speed -line sash windows); and architectural detailing including, but not limited to, the rounded eyebrow entry overhang and rounded corners at the inset entry (Historical Property Description included in Exhibit 3). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a unique example of period architecture," representing the Art Moderne style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification 25A-16 HRCA No. 2017-35, HRC No. 2017-34 HPPA No. 2017-39 March 22, 2018 Page 3 The subject site is located within the Floral Park Neighborhood and the president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-15 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ivan Flores Planning Technician Exhibits 1 — Resolution 2 — 500' Radius Map 3 — Mills Act Agreement 25A-17 Health, Livability, conservation and opportunities and FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-35 TO PLACE THE PROPERTY LOCATED AT 1718 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-34 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 22, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-35) and categorization (Historic Resources Commission Categorization No. 2017-34) of the H. Wagner House located at 1718 North Flower Street, Santa Ana (the "Property'). B. The H. Wagner House has distinctive architectural features of the Art Moderne style, and was built in 1937 by Allison Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key. The H. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne style. Additionally, the house has been categorized as "Key" because it "has a distinctive architerctural style and quality" embodying the massing, materials, and detailing of Art Moderne design; and for its "association with a significant period in the history of the city', namely the development of Floral Park as the premier residential district of the early twentieth century in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(2)]. Character -defining features of the H. Wagner House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco, metal trim,); roof configuration, materials, and treatment; massing and composition; fenestration (doors, and steel casement windows, double -hung speedline sash windows); and architectural detailing including, but not limited to, the rounded eyebrow entry overhang and rounded corners at the inset entry. EXHIBIT 1 25A-18 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 D. Robert H. Fairchild and Christine M. Lardas are the legal owners of this Property. E. The legal description for the subject Property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject Property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources (Categorical Exemption No. ER -2018-15), as these actions are designed to preserve historic resources. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-35 to place the H. Wagner House located at 1718 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-34 placing the H. Wagner House located at 1718 North Flower Street, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject Property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. 25A-19 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 ADOPTED this day of 2018. Alberta Christy Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25A-20 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 399-052-06 1718 North Flower Street LOT (57) AND THE SOUTH 22 Robert H. FEET OF LOT (58), FLORAL Fairchild and PARK TRACT NO. 478, IN Christine M. THE CITY OF SANTA ANA, Lardas COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE(S) 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 1.17 FEET OF LOT (57), FLORAL PARK TRACT NO. 748 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE(S) 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 25A-21 EXECUTIVE SUMMARY H. Wagner House 1718 North Flower Street Santa Ana, CA 92706 NAME H. Wagner House REF. NO. ADDRESS 1718 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Modeme The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Modeme variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War H in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Modeme and Art Modeme substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi -light casement windows; rounded comers, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Modeme buildings also tended to be horizontal in emphasis, but tended to be more clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Modeme designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the comers of the building. SUMMARY/CONCLUSION: The H. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Modeme style. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Art Modeme design; and for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Reeister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series 9 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B 25A-23 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Resource name(s) or number (assigned by P1. Other Identifier: '132. Location: ONot for Publication MUnrestricted 'a. County Orange County 'b. USGS 7.5' Quad N/A Date: N/A 'c. Address 1718 North Flower Street City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 399-052-06 'P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting. and boundaries) The H. Wagner House, located in Floral Park, Is a one-story, single-family residence constructed in the Art Modems style, with an attached side -gable garage at the north elevation. L-shaped and asymmetrical in plan, the house has a low -pitch, hipped roof with gables at the north and south elevations, clad in composite shingles. With an exterior clad in smooth stucco, the house displays a prominent, centrally located brick chimney on the primary elevation, which steps inward near the stop and is partially clad In smooth stucco. The fenestration consists of original multi -light steel casement comer windows located at each corner of the primary elevation, with what appear to be two -over -two speedline sash double -hung wood windows at the north elevation. The main entry is inset in a rounded enclave with a rounded eyebrow entry overhang, and accessed via a poured concrete walkway and two rounded concrete steps. '133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence 1124. Resources Present: ■Building ❑Structure ❑Object []Site []District ■Element of District ❑Other 'P11. Report Citation: (Cite survey report and other sources, or enter-noney None P5b. Photo: (view and dale) East Elevation, View West February 8, 2018 'P6. Date Constructed/Age and Sources: 1111historic 1937 'P7. Owner and Address: Robert H. Fairchild and Christine M. Lardas 1718 North Flower Street Santa Ana, CA 92706 'P8. Recorded by: Ivan Flores 20 Civic Center Plaza M-20 Santa Ana, CA 92702 '139. Date Recorded: March 22, 2018 'P10. Survey Type: Intensive Survey Update *Attachments: ONone OLocatlon Map []Sketch Map NContinuation Sheet EBuilding, Structure, and Object Record OArchaeological Record ODistrict Record []Linear Feature Record DMilling Station Record []Rock Art Record OArtifact Record []Photograph Record O Other (list) DPR 523A (1195) Exhibit C 25A-24 'Required Information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 5S3 'Resource Name or #: H. Wagner House B1. Historic Name: H. Wagner House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence `B5. Architectural Style: Art Moderne 'B6. Construction History: (Construction date, alterations, and date of alterations): Constructed on December 16, 1937 April 18, 1945. 15x for H. E. Wagner $75 January 31,1997. Reroof August 22, 2007. Koi pond with waterfall (rear yard) •B7. Moved9MNo OYes (]Unknown Location: •B8. Related Features: None. B9a. Architect: 0 Date: Original b. Builder: Allison Honer '810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single -Family Residence Applicable Criteria: 1 (Discuss Importance in terms of hislodcal or architectural context as defined by theme, period, and geographic scope. Also address integrity) The H. Wagner House is architecturally significant as a characteristic example of the Art Modems style. This house was originally constructed in 1937, and was valued at approximately $5,000, according to the original building permit. The first recorded occupants were Herbert E. Wagner and Mae V. Wagner, according to City Directories 1949 - 1950. Mr. Wagner moved to the Santa Ana area in the 1930s and resided at several residences before settling at 1718 North Flower Street. He was a salesman at Roy J. Lyon Tire Service and then went to work for the oil industry. His wife Mae V. Wagner, who took ownership over the trust in the 1990s, was Involved with various social clubs fn the area, especially the Red Cross and the British War Relief effort. In 1996 Mae Wagner sold the house to Jon Dante Musarra and Rana E. Mussara, it was owned by them for seven years. Kevin Me and Sherry Cy Tsu purchased the house from the Mussaras in 2003, and they were the owners up until selling it to Robert H. Fairchild and Christine M. Lardas. B11. Additional Resource Attributes: (List attributes and 'B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: `B14. Evaluator: Leslie Huemann, Chattel Inc. *Date of Evaluation: March 22, 2018 (This space reserved for official comments.) DPR 5238 (1195) 'B10. Significance (continued): 25A-25 Sketch Map H. Wagner House 1718 North Flower Street J 2,11 'Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: H. Wagner House 'Recorded by Ivan Flores `Date March 22, 2018 EI Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with wldelyscattered farmhouses. The H. Wagner House is located on the eastern edge of Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Rower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana' (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Taro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style, however, some properties were designed in the Art Modeme style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The H. Wagner House qualities for listing In the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne style. Additionally, the house has been categorized as 'Key" for its 'distinctive architectural style and quality," embodying the massing, materials, and detailing of Moderne style design; and for its 'association with a significant period in the history of the city, namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character defining features of the H. Wagner House include, but may not be limited to: materials and finishes (smooth stucco, metal trim,); roof configuration, materials, and treatment; massing and composition; fenestration (doors, steel casement windows, double -hung speedline sash windows); and architectural detailing including, but not limited to, the rounded eyebrow entry overhang and rounded corners at the inset entry. '12112. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC., National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources.' Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County, Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. 'The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Endede Center." Oranoe County Genealogical Society Quarterly. December 1993, pages 4-7. DPR 523L 25A-26 REQUEST FOR O Historic Resources Commission Action MARCH 22, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-361 HISTORIC REGISTER CATEGORIZATION NO. 2017-35, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-40 FOR THE PROPERTY LOCATED AT 2208 NORTH GREENLEAF STREET(STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Ricardo Soto HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting Execute erector Actin anni g Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-36 and Historic Register Categorization No. 2017-35. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Mark D. Pero and Mary E. Pero, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Mark D. Pero and Mary E. Pero are requesting approval to designate an existing residence located at 2208 North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property located on the west side of North Greenleaf Street consists of a 1,950 -square - foot, English Revival style residence and detached garage on a 7,975 -square -foot residential lot (Exhibit 2). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B2 25A-27 HRCA No. 2017-36, HRC No. 2017-35 HPPA No. 2017-40 March 22, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 89 years old. No known code violations exist on record for this property. The property, recognized as the W.W. Woods House, has distinctive architectural features of the English Revival style, and was built in 1929 by C.O. Smith. The W.W. Woods House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it is an intact example of an English Revival residence in the Floral Park neighborhood, and "is a good example of period architecture." Character -defining exterior features of the W.W. Woods House that should be preserved include, but may not be limited to: roof shape, configuration, and eave detailing; original windows where extant; brick chimneys; stucco walls; porch size and shape; courtyard size and shape (Historical Property Description included in Exhibit 3). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, is recommended that the City enter into a Historic Property Preservation Agreement. 25A-28 HRCA No. 2017-36, HRC No. 2017-35 HPPA No. 2017-40 March 22, 2018 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2018-11 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. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ricardo Soto Associate Planner Exhibits: 1. Resolution 2. 500' Radius Map 3. Mills Act Agreement 25A-29 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION N0, 2017-36 TO PLACE THE PROPERTY LOCATED AT 2208 NORTH GREENLEAF STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-35 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 22, 2018, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-36) and categorization (Historic Resources Commission Categorization No. 2017-35) of the W.W. Woods House located at 2208 North Greenleaf Street, Santa Ana ("Property"). B. The W.W. Woods House has distinctive architectural features of the English Revival style, and was built in 1929 by C.O. Smith. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it "contributes to the overall character and history" of Floral Park and "is a good example of period architecture" as an intact examplfe of English Revival architecture. Character -defining exterior features of the W.W. Woods House that should be preserved include, but may not be limited to: roof shape, configuration, and eave detailing; original windows where extant; brick chimneys; stucco walls; porch size and shape; courtyard size and shape. D. The legal owners of the Property are Mark D. Pero and Mary E. Pero. E. The legal description for the subject Property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. EXHIBIT 1 25A-30 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 G. The subject Property Contributive category Municipal Code. meets the minimal standards for placement in the pursuant to Section 30-2.2(3) of the Santa Ana Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2018-11 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-36 to place the W.W. Woods House located at 2208 North Greenleaf Street, Santa Ana, 92706, on the historical register, and B. Historic Register Categorization No. 2017-35 placing the W.W. Woods House located at 2208 North Greenleaf Street, Santa Ana, 92706, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject Property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25A-31 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018- xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25A-32 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description' Owner Names . 002-081-06 2208 North Greenleaf The south 55 feet of lot 5 of Mark D. Pero Street tract no. 879, in the City of and Mary E. Santa Ana, County of Orange, Pero State of California, as shown on a map thereof recorded in Book 26, Page 33 of miscellaneous maps, records of said Orange County. Exhibit A 25A-33 EXECUTIVE SUMMARY W.W. Woods House 2208 North Greenleaf Street Santa Ana, CA 92706 NAME W.W. Woods House REF. NO. ADDRESS 2208 North Greenleaf Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I None NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C!3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARYICONCLUSION: The W.W. Woods House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as °Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture; representing the English Revival style in Santa Ana (Santa Ana Municipal Code Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, 'How to Nominate Resources to the California Register of Historical Resources; September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT B 25A-35 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Tr)nomi; NRHP Status Code Other Listings Review Code Reviewer or number (assigned by recorder) P1. Other Identifier: •P2. Location: ❑Not for Publication ■Unrestricted •b. USGS 7.5' Quad 'c. Address 2208 North Greenleaf Sheet 'e. Other Locational Data: APN: 002-081-06 •a. County Orange County Date: City Santa Ana Zip 92706 •P3a, Description: (Describe resource and its major elements. Include design, matedals, condition, alterations, size, setting, and boundaries) The W. W. Woods house, located in Floral Park is a one story, single-family residence constructed in the English Revival style. The house has an asymmetrical composition, and a cross -gabled steep -pitched roof. The roof has little to no eaves, and is clad in contemporary asphalt shingle roofing. The primary, east elevation, is dominated by a steep -pitched gable with a wing wall that extends to the south and has an arched opening that leads to a centrally located courtyard and porch. A roof dormer is also centrally located on the east elevation and Is a prominent element of the elevation. Two brick chimneys are visble from the front elevation, one located in the couryard, the more prominently located and visible of the two, and one on the north elevation. The exterior is clad in stucco, and the primary elevation features several mulfilight casement and fixed windows, as well as french doors with side lights that lead to the courtyard. The primary entry faces east, and is accessed from a centrally located porch, which is accessed through an arched entry and door. A poured concrete driveway on the south of the property leads to a detached garage located at the southwest corner of the parcel, also constructed in the English Revival style. The property is landscaped with a lawn, low vegetation, and a concrete path that leads from the driveway to the front entry. •133b, Resource Attributes: (list attributes and codes) HP2. Single-family Residence •P4. Resources Present: ■Building. OStructure OObject OSite ❑District ❑Element of District ❑Other a t3� ars-.bt,�_i --'moi° �•`-t1�a ''o - � - � � :. • 's' SSG, tl � i �•,"r I. ��,j r - ' . ' ;�.-M1 t31 IIIIIMIMI@ •:. • � . 2 s^t: , _. � -�w. -��'.f •.) • -' .ria •P11. Report Citation: (Cite survey report and other sources, or enter °nonel None P5b. Photo: (view and date) Front elevation facing west February 2018 •P6. Date Constructed/Age and Sources: 1111historic 1929/ Santa Ana Budding Permit •P7. Owner and Address: Mark D. Pero and Mary E. Pero 2208 North Greenleaf Street Santa Ana, CA 92706 •138. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'P9. Date Recorded: March 22, 2018 'P10. Survey Type: Intensive Survey Update `Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record O Other (list) DPR 523A (1195) *Required information EXHIBIT B 25A-36 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION - HW BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 •NRHP Status Code 5S3 'Kesource Name or 9: W.W. Woods House B1. Historic Name: W.W. Woods House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence 'B5. Architectural Style: English Revival 'B6. Construction History:(Construction date, alterations, and date ofalterations): Constructed 1929 March 27, 1933. Repair two flues, $25. September 29, 1955. Add sun room to residence for R. Giordano by the Martins, $750. May 25, 1964. 2 windows In attic for Rob. Thompson by Joe Morrison, $500. April 15, 1968. Water heater by Russell Plubming. August 20, 1975. Water heater for Thompson by J. Russell August 17, 2017. Remove sun room addition to front of residence. 'B7. Moved? KNoOYes OUnknown Date: Original Location: 'B8. Related Features: None. B9a. Architect: Unknown b. Builder: C.O. Smith *BIG. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1929 Property Type: Single-family Residence Applicable Criteria: 1 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W. W. Woods House is architecturally significant as a characteristic example of the English Revival style. This house was originally constructed in 1929, and was valued at approximately $5,500, according to the original building permit. At the time of its construction the listed property owner was W. W. Woods, a prominent Santa Ana Bunisnessman who owned the REO Car Dealerhip in Santa Ana located at 615-619 East Fourth Street. Mr. Woods owned and lived at the home until selling the property in 1943 to Frank S. Lampert, a gentleman who also purchased a few other properties around the same time. Lampert In tum sold the property two months later to Urbin Hartman and his wife Anna Hartman. Urbin Harman was a popular singer in the 1940s, performing both on radio stations as well as live shows. In 1946, the Harman's sold the home to E.A. Knight and Velma Shake Knight. Mrs. E.A. Knight was the president of the Southern District of Women's Clubs, located in Garden Grove. Mrs. Knight gave talks, spoke on women's rights and women's involvement in the community. According to the 1952 city directory, W.D. Willard Lundin, listed as retired, resided at the home. The next recorded occupant according to the 1954 city directory was R.S. Giordano, a prominent businessman. According to the 1962 city directory, the next occupant was H.M. Garnett, whom worked for State Farm Insurance. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) `B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: •B14. Evaluator. Leslie Huemann, Chattel Inc. *Date of Evaluation: February 12, 2018 (This space reserved for official comments.) DPR 5238 (1195) 25A-37 Sketch Map r. W. Woods House 7 08 Nndh Greenleaf Street GREENLEAF OT 10 7 0 9 I 21 311, 1 „• 5 aCT *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 'Recorded by Ricardo Soto *Date February 12, 2018 EI Continuation ❑ Update '810. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1866, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The W. W. Woods House Is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). 'Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana' (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War it years, Floral Park continued its development as numerous, smaller, singledam/ly houses were built. Continuing in the Floral Park tradition, they were mostly revival In style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its Identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.W. Woods House qualities for listing in the Santa Ana Register of Historical Properties under Criterion i for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive"because it is an intact example of an English Revival residence in the Floral Park neighborhood, and "is a good example of period architecture." Character -defining exterior features of the W.W. Woods House that should be preserved include, but may not be limited to., roof shape, configuration, and save detailing; original windows where extant; brick chimneys; stucco walls; porch size and shape; courtyard size and shape. `812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia' W New York, WNorton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. 'How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge., MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L 25A-38 REQUEST . r Historic i ResourcesHISTO2 Y r -. PESOURCES COMMSION MMMgel MARCH 22, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-37, HISTORIC REGISTER CATEGORIZATION NO. 2017-36, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-41 FOR THE PROPERTY LOCATED AT 919 NORTH LOWELL STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Ricardo Soto HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting ExecutiveDi er ctor Act( g Nanning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-37 and Historic Register Categorization No. 2017-36. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Susan Sally Fisher, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Susan Sally Fisher is requesting approval to designate an existing residence located at 919 North Lowell Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prolect Location and Site Description The subject property is located on the east side of North Lowell Street and consists of a 1,260 -square - foot, Spanish Colonial Revial style residence and detached garage on a 5,502 -square -foot residential lot (Exhibit 2). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B3 25A-39 HRCA No. 2017-37, HRC No. 2017-36 HPPA No. 2017-41 March 22, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 90 years old. No known code violations exist on record for this property. The property, recognized as the E.N. Steffensen House, has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1928 by Bert Lewis. Character defining features of the E.N. Steffensen House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (Dutch clay tiles); massing and composition; fenestration (doors and wood windows); and architectural detailing (cast -stone appliques). (Historical Property Description included in Exhibit 3). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history' of the Washington Square neighborhood and "is a good example of period architecture;' representing the Spanish Colonial Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 4). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property 25A-40 HRCA No. 2017-37, HRC No. 2017-36 HPPA No. 2017-41 March 22, 2018 Page 3 The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Washington Square Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2018-8 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. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Ricardo Soto Associate Planner Exhibits: 1. Resolution 2. 500' Radius Map 3. Mills Act Agreement 25A-41 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-37 TO PLACE THE PROPERTY LOCATED AT 919 NORTH LOWELL STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-36 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY. BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 22, 2018, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-37) and categorization (Historic Resources Commission Categorization No. 2017-36) of the E.N. Steffensen House located at 919 North Lowell Street, Santa Ana ("Property"). B. The E.N. Steffensen House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1928 by Bert Lewis. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a good example of period architecture," representing the Spanish Colonial Revival style in Santa Ana. Character defining features of the E.N. Steffensen House that should be preserved include but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (Dutch clay tiles); massing and composition; fenestration (doors and wood windows); and architectural detailing (cast -stone appliques). D. Susan Sally Fisher is the legal owner of this Property. E. The legal description for the subject Property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. EXHIBIT 1 25A-42 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject Property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2018-8 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-37 to place the E.N. Steffensen House located at 919 North Lowell Street, Santa Ana, 92703, on the historical register, and B. Historic Register Categorization No. 2017-36 placing the E.N. Steffensen House located at 919 North Lowell Street, Santa Ana, 92703, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2018. Alberta Christy Chairperson 25A-43 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on 2018. Date: Commission Secretary City of Santa Ana 25A-44 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Name 405-183-03 919 North Lowell Street LOT 45 OF TRACT NO. 455, Susan Sally AS SHOWN ON A MPA Fisher RECORDED IN BOOK 17, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXECUTIVE SUMMARY E.N. Steffensen House 919 North Lowell Street Santa Ana, CA 92703 NAME E.N. Steffensen House REF. NO. ADDRESS 919 North Lowell Street CITY Santa Ana ZIP 1 92703 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name Implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-Califomia Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red file roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The E.N. Steffensen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as 'Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a good example of period architecture," representing the Spanish Colonial Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, `How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B 25A-47 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # " PRIMARY "RECO_ RD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date - Page 1 of 3 Resource name(s) or number (assigned by recorder) E.N. Sleffensen House P1. Other Identifier: `132. Location: ❑Not for Publication NUnrestdcted a. County Orange County `b, USGS 7.5' Quad N/A Date: N/A `c. Address 919 North Lowell Street City Santa Ana Zip 92703 `e. Other Locational Data: APN: 405-183-03 `P3a. Description: (Descdbe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The E. N. Steffensen House, located In Washington Square, Is a one-story, single-family residence in the Spanish Colonial Revival style. L-shaped and asymmetrical in plan, the residence is clad in stucco and with a chimney at the south elevation, that is also clad in stucco. The moderate -pitch roof is clad In Dutch -style day tiling. The primary exterior elevation features tripartite wood windows defined by a fixed wood window, flanked on either side by wood double -hung windows with a mutli-light upper sash and a single -light lower sash. Windows at the secondary elevations appear to be mainly multi -light wood casement. The main entry Is situated behind a shed -roof portico, and consists of a segmental -arch door accessed by a two steps, or through the partial -width porch that extends across the west elevation to the south. A contemporary fabric awning extends over the partial -width porch. There are appliques at the primary elevation that appear to be constructed of cast -stone, and include a medallion in the front gable and a floral-embellised cartouche. A small 96 -square -loot addition was attached to the rear of the residence, but due to its location and design does not impact the integrity of the structure. There is a one-story detached garage at the rear of the property. `123b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence `134. Resources Present: EBullding ❑Structure oObjed ❑Site ❑District OElement of Distdct 0Olher P5a. P5b. Photo: (view and date) Front evalation, facing east. February2018 `136. Date Constructed/Age and Sources: tahistoric 19281 Santa Ana Building Permit `P7. Owner and Address: Susan Sally Fisher 919 North Lowell Street Santa Ana, CA 92703 `P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 `P9. Date Recorded: March 22, 2018 `P10. Survey Type: Intensive Survey Update `P11. Report Citation: (Cite survey report and other sources, or enter "none? None `Attachments: ONone OLocalion Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODistrict Record OLinear Feature Record OMilling Station Record ORock Art Record OArtifact Record ❑Photograph Record O Other (list) DPR 523A (1195) EXHIBIT B 25A-48 'Required Information State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD.' Page 2 of 3 'NRHPStatus Code 5S3 'KGSOurCe Name or S: E.N. Steltensen House B1. Historic Name: E.N. Steffensen House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence `B5. Architectural Style: Spanish Colonial Revival 'B6. Construction History: (Construction date, alterations, and date of alterations): Constructed January 5, 1928 August 5, 1940. Reroof. March 25, 1964. Patio Cover. October 6, 2000. Reroof. January 23, 2006. Service meter. July 31, 2008. Bathroom addition. `87. Moved? ■No 13Yes MUnknown Date: Original Location: `B8. Related Features: None. B9a. Architect: None. b. Builder. Bert Lewis. •B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 Property Type: Single -Family Residence Applicable Criteria: 1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The E.N. Steffensen House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. The home was built in 1928 by Bert Lewis. Mr. Lewis was involved in the local Boy Scouts Chapter of America and was a fullback with the Willard Junior High School Football team. Mr. Lewis built multiple homes in the area and advertised 919 North Lowell Street as a model 6 room° set in a beautiful location. The home was initially occupied by Elmer Steffensen and his wife from 1929 until at least 1932. Their son Leslie SteNensen married Mary Batten the former music instructor at the Santa Ana Junior College during a surprise 1930 wedding in Yuma Arizona. Leslie was a member of the First Baptist Church and performed as a bass vocalist in the choir. Leslie and Mary were both involved in several musical arts clubs and vocal performances throughout Orange County. The directories indicate that R.J. Tanner a supervisor from the Pay N Ticket rented the home in 1935. Henry Warren Overmter rented the unit along with his wife Bertha Helene Overmler in 1938. He was a sales superintendent for the Standard Oil Company and they were members of the Santa Ana County Club. AMrs. Mona Maynard lived in the home in 1945 and worked as a nurse in a local hospital. C.H Hempelman and his wife Wilma lived there in 1952. He was a salesman with AM Home Foods. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and 'B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: `B14. Evaluator: Leslie Huemann, Chattel Inc. (This space reserved for official comments.) 'Date of Evaluation: March 22, 2018 DPR 5238 (1195) 25A-49 Sketch Map .N. Steffensen House 19 North Lowell Street 4� a .TRACT • 43 a 1ti ti .4 u ti w H O 41 •0 y i•3 nn Q •6 ao J9 yy, O •r 39 >e 12 22 . o 183 3e - 'Required information State of California— The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # - CONTINUATION SHEET Trinomial Resource Name: E.N. Steffensen House Soto 'Date March 22, 20180 Continuation ❑ Update •810. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The E.N. Steffensen House is located on the south eastern edge of Washington Square, a neighborhood northwest of downtown Santa Ana bounded by North Bristol Street, South Flower Street, Civic Center Drive, and Washington. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride,' Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The E.N. Steffensen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as 'Contributive" because it 'conhibutes to the overall character and history' of the Washington Square neighborhood and "is a good example of period architecture,"representing the Spanish Cononial Revival style in Santa Ana (Santa Ana Municipal Code Section 30-2.2). Character defining features of the E.N. Steffensen House that should be preserved include but may not be limited to: materials and finishes (stucco); roofcon8guration, materials, and treatment (dutch clay tiles); massing and composition; fenestration (doors and wood windows); and architectural detailing (casfstone appliques). '612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia' W New York, WNorton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. 'How to Complete the National Register Registration Form.'Washington DC., National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestrycom Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County, Los Angeles: History Record Company, 1921, page 989. Parts Santiago Neighborhood Association. "The Gingerbread Lando Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. 'People Behind Places: Endede Center." Orange County Genealogical Society Quarterly. December 1993, pages 4-7. DPR 523L 25A-50 REQUEST FOR Historic Resources Commission Action HISTORICRESOURCESCONMSSIONNEErINGDATE - MARCH 22, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-38, HISTORIC REGISTER CATEGORIZATION NO. 2017-37, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-42 FOR PROPERTY LOCATED AT 2457 NORTH PARK BOULEVARD (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Pedro Gomez HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting Executi a Director Actin fanning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-38 and Historic Register Categorization No. 2017-37. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with George M. and Kelli L. Will, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant George M. and Kelli L. Will are requesting approval to designate an existing residence located at 2457 North Park Boulevard to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the north side of North Park Boulevard in the Floral Park neighborhood. The site consists of a 1,546 -square -foot, Spanish Colonial Revival style residence and detached garage on a 5,035 -square -foot residential lot (Exhibit 2). Analysis of the Issues Historical Listinq In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B4 25A-51 HRCA No. 2017-38, HRC No. 2017-37 HPPA No. 2017-42 March 22, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 88 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Cecil 0. Cartwright House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Spanish Colonial Revival style. The residence was built in 1930 by an unknown builder. However, developer and builder Allison Honer (1897-1981), was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Character -defining features of the Cecil O. Cartwright House that should be preserved include, but may not be limited to: materials and finishes (stucco and tile); low pitched side -gabled roof configuration; massing and composition; recessed catenary window; recessed porthole window; wood doors and wood casement windows; ornamental wrought iron details; "spearhead" awnings; protruding turret"; clay tile attic vents; brick chimney with stucco finish and corbeled brick top; and the one-story, stucco -clad garage (Historical Property Description included in Exhibit 3). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as Key for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Spanish Colonial Revival design and for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25A-52 HRCA No. 2017-38, HRC No. 2017-37 HPPA No. 2017-42 March 22, 2018 Page 3 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-14 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. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedr Gomez \--1 Assistant Planner I U PG:sb SAHRC\2018\3-22-1812457 N North Park Boulevard (Cecil O. Cartwright House)\2457 N North Park Boulevard —Staff Report Exhibits 1 - Resolution 2 - 500' Radius Map 3 - Mills Act Agreement 25A-53 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-38 TO PLACE THE PROPERTY LOCATED AT 2457 NORTH PARK BOULEVARD, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-37 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 22, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-38) and categorization (Historic Resources Commission Categorization No. 2017-37) of the Cecil O. Cartwright House located at 2457 North Park Boulevard, Santa Ana ("Property"). B. The Cecil 0. Cartwright House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1930. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Spanish Colonial Revival design and for its "association with a significant period in the history of the city', namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana. Character -defining features of the Cecil 0. Cartwright House that should be preserved include, but may not be limited to: materials and finishes (stucco and tile); low pitched side - gabled roof configuration; massing and composition; recessed catenary window; recessed porthole window; wood doors and wood casement windows; ornamental wrought iron details; "spearhead" awnings; protruding "turret'; clay tile attic vents; brick chimney with stucco finish and corbeled brick top; and the one-story, stucco -clad garage. D. The legal owners of the Property are George M. Will and Kelli L. Will. E. The legal description for the subject Property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. EXHIBIT 1 25A-54 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject Property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331(No. ER - 2018 -14), Class 31, as these actions are designed to preserve historic resources. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-38 to place the Cecil O. Cartwright House located at 2457 North Park Boulevard, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-37 placing the Cecil O. Cartwright House located at 2457 North Park Boulevard, Santa Ana, 92706 within the Key Category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorders Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 22"d day of March, 2018. Alberta Christy Chairperson 25A-55 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 22, 2018. Date: Commission Secretary City of Santa Ana 25A-56 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-063-17 2457 North Park Lot 36 of Tract 754, in the City George M. Will Boulevard of Santa Ana, County of and Kelli L. Will Orange, State of California, as per Map recorded in Book 22, Page(s) 37 of Miscellaneous Maps, in the Office of the County Recorder of said Count . 25A-57 500' RADIUS HRCA 2017-38/ HRC 2017-37/ HPPA 2017-42 2457 NORTH NORTH PARK BOULEVARD THE CECIL 0. CARTWRIGHT HOUSE PLANNING AND BUILDING AGENCY EXHMN-58 EXECUTIVE SUMMARY Cecil O. Cartwright House 2457 North Park Boulevard Santa Ana, CA 92706 NAME Cecil O. Cartwright House REF. NO. ADDRESS 2457 North Park Boulevard CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1,3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric N Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. Preceded by the Mission Revival style, movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish prototypes were showcased. The most common features of Spanish Colonial Revival architecture are low-pitched or flat roofs, usually with little or no overhangs clad in red tiles, asymmetrical facades, and stucco exterior walls. Character -defining features of the style also include arches, towers, elaborated chimney tops, balconies and patios, window grilles, wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Cecil O. Cartwright House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style; and Criterion 4, for its contribution to the Floral Park neighborhood. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Spanish Colonial Revival design; and for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series# 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Individual property that is listed or designated locally. 25A-59 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code or Primary # HRI # NRHP Status P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 2457 North Park Boulevard City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-063-17 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) This one-story residence is a characteristic example of the Spanish Colonial Revival style. The exterior walls are finished with white lightly textured stucco, and the low pitched side -gabled roof is clad with red clay the on all elevations. The roof incorporates flush or shallow overhangs with exposed rafter tails. A deeply recessed, parabolic arched fixed window is asymmetrically located along the west end of the front facade, making it a prominent focal point of the design. Adjacent to the arched window is a smaller deeply recessed porthole window, with a cross -shaped ornamental wrought -iron window grille. Along the east end of the front elevation, the structure also incorporates a series of multi -light wood casement windows, including a prominent tripartite window, with three vertical ornamental wrought -iron window grilles and a protruding decorative brick wall below. Along the east elevation, two wood casement windows incorporate "spearhead" awnings with thin wrought - iron supports and a solid dark brown fabric. The original wood front door is accessed along a front walkway, and the recessed entry incorporates a hood awning, a dark wrought iron light fixture, and wrought iron railings. The structure incorporates circular clay file attic vents arranged in a horizontal row, and a small "turret" protruding from the east end of the front elevation. A tall brick chimney with stucco finish and corbeled brick top is attached to the west elevation. Simply landscaped, the front (south) facade appears to be unaltered. The driveway leads to a detached, one-story, stucco -clad, side -gabled garage, built at the same time as the residence and also clad with red clay tile. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None P5b. Photo: (view and date) South elevation, view north February 2018 W. Date Constructed/Age and Sources: ■historic 19301 City of Santa Ana Building Permits *P7. Owner and Address: George M. and KeN L. Will 2457 North Park Boulevard Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 22, 2018 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record [Willing Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record O Other (list) DPR 523A (1195) 25A-60 `Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S1 *Resource Name or #: Cecil O. Cartwright House B1. Historic Name: Cecil 0. Cartwright House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 October 7, 1986. Reroof residence and garage. May 2, 2011. Kitchen window changeout. *B7. Moved? ENo OYes OUnknown Date: Original *138. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1930 Property Type: Single -Family Residence Applicable Criteria: A/1, C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cecil O. Cartwright House is architecturally significant as a characteristic example of Spanish Colonial Revival style. It was built in 1930 for $5,000 and the first known residents were Cecil O. Cartwright and Una M. Cartwright. Cecil 0. Cartwright was a World War I veteran who was a member of the Santa Ana American Legion Post 131 and of the Jack Fisher Chapter 23 Disabled American Veterans. In addition, Cecil O. Cartwright was the secretary for the Musician's Union, and led a dance orchestra known as "Cecil Cartwright's Dance Orchestra". He passed at the age of 42, after having lived in Orange County for 15 years. According to city directories, the next resident was F.L. Murphy (1932), followed by K. C. Price (1945), B. N. Edwards (1962), and Segalla Angelo (1979). Ms. Angelo resided on the property until 2002. (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel, Inc *Date of Evaluation: March 22, 2018 (This space reserved for official comments.) DPR 5238 (1195) 25A-61 Sketch Map *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Cecil O. Cartwright House -Recorded by Pedro Gomez Date March 22, 2018 0 Continuation 11 Update `610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cecil O. Cartwright House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). 'Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly period revival styles. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. The Cecil O. Cartwright House qualities for listing in the Santa Ana Register of Historical Properties under two criteria: Criterion 1, for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style; and Criterion 4, for its contribution to the historic Floral Park neighborhood. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Spanish Colonial Revival design; and for its "association with a significant period in the history of the city'; namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana. Character -defining features of the Cecil O. Cartwright House that should be preserved include, but may not be limited to: materials and finishes (stucco and tile); low pitched side -gabled roof configuration; massing and composition; recessed parabolic window; recessed porthole window; wood doors and wood casement windows; ornamental wrought iron details; "spearhead" awnings; protruding 'turret clay tile attic vents; brick chimney with stucco finish and corbeled brick top; and the one-story, stucco - clad garage. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. DPR 523L 25A-62 REQUEST - „f.Historic Resources Commission Action Z F 'I' HMMCPMUFZMCORDASSIONRUETINGDATF MARCH 22, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-391 HISTORIC REGISTER CATEGORIZATION NO. 2017-38, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017.43 FOR PROPERTY LOCATED AT 2462 NORTH HISTORIC RESOURCES COWISSM SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO RIVERSIDE DRIVE {STRATEGIC PLAN NOS. 5,2; 5,31 Prepared by Pedro Gomez Acting Executiv hector Acting Ian i g Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-39 and Historic Register Categorization No. 2017-38. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Christine L. Switzer, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Christine L. Switzer is requesting approval to designate an existing residence located at 2462 North Riverside Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the south side of North Riverside Drive in the Floral Park neighborhood. The site consists of a 1,711 -square -foot, Tudor Revival style residence and detached garage on a 6,750 -square -foot residential lot (Exhibit 2). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B5 25A-63 HRCA No. 2017-39, HRC No. 2017-38 HPPA No. 2017-43 March 22, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 87 years old and is a good example of period architecture. The property maintains a three foot seven inch (3'-7") wrought iron fence along the west property line (between 2468 and 2462 Riverside Drive). However, this existing fence has been "grandfathered" and deemed legal -nonconforming. No known code violations exist on record for this property. The property, recognized as the Jennie Lasby Tessmann House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Tudor Revival style. The residence was built in 1931 by E.C. Rogers, a prolific Santa Ana builder and developer. From the late 1930s through the following decade, Rogers was extremely active as a building contractor. According to city directories, Rogers resided at the Jennie Lasby Tessmann House for only two years. Between 1933 and 1945, various renters were identified as having lived at the residence. However, the most notable residents were John Heinrich Tessmann and Jennie Lasby Tessmann (1945). Jennie Lasby Tessmann was a renowned researcher, astronomer and author, and was a dedicated member of the Santa Ana College faculty for close to 30 years. She served on the Mount Wilson Observatory staff in Los Angeles and was credited as the first woman to enter the observatory as a researcher. She moved to Santa Ana to care for her parents and was subsequently hired by Santa Ana College in 1919, where she taught astronomy until her retirement in 1946. Character -defining features of the Jennie Lasby Tessmann House that should be preserved include, but may not be limited to: materials and finishes; steeply pitched roofs; entry porch; asymmetrical primary elevation; steppedbrick chimney; decorative half-timbering; picturesque windows; rectangular -shaped, attic vents; and the detached, one-story, front -gabled garage (Historical Property Description included in Exhibit 3). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Tudor Revival design; for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant persons", E.C. Rogers and Jennie Lasby Tessmann. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties 25A-64 HRCA No. 2017-39, HRC No. 2017-38 HPPA No. 2017-43 March 22, 2018 Page 3 (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-13 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing sup toorts to pres rve and improve the livability of Santa Ana neighborhoods). �J 1. Pedr Gomez Assistant Planner I PG:sb SAHRC1201813-22-1812462 North Riverside Drive (Jennie Lasby Tessman House)12462 Riverside Drive —Staff Report 25A-65 Health, Livability, conservation and opportunities and HRCA No. 2017-39, HRC No. 2017-38 HPPA No. 2017-43 March 22, 2018 Page 4 Exhibits 1 - Resolution 2 - 500' Radius Map 3 - Mills Act Agreement 25A-66 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-39 TO PLACE THE PROPERTY LOCATED AT 2462 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-38 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 22, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-39) and categorization (Historic Resources Commission Categorization No. 2017-38) of the Jennie Lasby Tessman House located at 2462 North Riverside Drive, Santa Ana ("Property'). B. The Jennie Lasby Tessman House has distinctive architectural features of the Tudor Revival style, and was built in 1931 by.E.C. Rogers. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Tudor Revival design; for its "association with a significant period in the history of the city', namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant persons", Emmet C. Rogers and Jennie Lasby Tessman. Character -defining features of the Jennie Lasby Tessman House include: materials and finishes; steeply pitched roofs; entry porch; asymmetrical primary elevation; steppedbrick chimney; decorative half-timbering; picturesque windows; rectangular -shaped, attic vents; and the detached, one-story, front -gabled garage. D. The legal owner of the Property is Christine L. Switzer. E. The legal description for the subject Property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. EXHIBIT 1 25A-67 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject Property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject Property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331(No. ER - 2018 -14), Class 31, as these actions are designed to preserve historic resources. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-39 to place the Jennie Lasby Tessman House located at 2462 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-38 placing the Jennie Lasby Tessman House located at 2462 North Riverside Drive, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject Property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 22nd day of March, 2018. Alberta Christy Chairperson 25A-68 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 22, 2018. Date: Commission Secretary City of Santa Ana 25A-69 FREE RECORDING PURSUANTTO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description_ Owner Names. 002-064-05 2462 North Riverside Lot 18, of Tract 754, in the City Christine L. Drive of Santa Ana, County of Switzer Orange, California as per map recorded in Book 22, Page(s) 37, of Miscellaneous Maps in the Office of the County Recorder of said County. 25A-70 EXECUTIVE SUMMARY Jennie Lasby Tessmann House 2462 North Riverside Drive Santa Ana, CA 92706 NAME Jennie Lasby Tessmann House REF. NO. ADDRESS 2462 North Riverside Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1, 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Jennie Lasby Tessmann House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Tudor Revival style; and Criterion 4 for its contribution to the Floral Park neighborhood, for its association with prominent local builder, Emmet C. Rogers, and for its association with renowned researcher, astronomer, and Santa Ana College faculty, Jennie Lasby Tessmann. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Tudor Revival design; for its "association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant persons", Emmet C. Rogers and Jennie Lasby Tessmann (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Individual property that is listed or designated locally. 25A-72 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION Primary HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Paqe 1 of 3 Resource name(s) or number (assioned by recorder) Jennie LasbvTessmann House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 2462 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, this one-story residence is a highly characteristic example of a modestly sized Tudor Revival home from the early 1930s. Clad in stucco, the house is capped by a cross -gabled, steeply -pitched roof. The roof is clad in contemporary asphalt shingles, and has little to no overhanging eaves. The west wing is front -gabled and contains a slightly recessed wood tripartite casement window, Three brick stairs lead up to the entry porch, which is set approximately in the middle of the fagade and sheltered by a front -gabled hood supported on wooden posts, and accented by decorative half- timbering. The exterior walls of this wing are clad in textured stucco. The remaining exterior walls of the primary elevation is clad in brick, and features a multi -paned casement window and a stepped brick chimney, that establishes a strong vertical accent. Rectangular -shaped, attic vents are located in the ends of the gables. Simply landscaped, the front (north) facade appears to be unaltered. The driveway leads to a detached, one-story, stucco -clad, front -gabled garage, built at the same time as the residence. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure DObject ❑Site ❑District El Element of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None P51o. Photo: (view and date) North elevation, view south February 2018 *P6. Date Constructed/Age and Sources: ■historic 19311 City of Santa Ana Building Permits W. Owner and Address: Christine L. Switzer 2462 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 22, 2018 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record DRock Art Record DArtifact Record ❑Photograph Record O Other (list) DPR 523A (1195) 25A-73 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S1 *Resource Name or #: Jennie Lasby Tessmann House B1. Historic Name: Jennie Lasby Tessmann House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 May 2, 1933. Rebuild fireplace. $25. May 16, 1997. Reroof residence only. February 2, 2000. Reroof. January 4, 2001. Kitchen and bathroom remodel with two kitchen window changeouts to one large window. August 7, 2009. Reroof residence and garage. Tear off wood shingles/comp & install comp. *B7. Moved? ■No ClYes OUnknown Date: Original location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: E.C. Rogers *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1931 Property Type: Single -Family Residence Applicable Criteria: A/1,C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Jennie Lasby Tessmann House is architecturally significant for its highly characteristic use of the Tudor Revival style and historically notable for its association with a prominent local builder, Emmet C. Rogers. It was built in 1931 by E. C. Rogers for a total cost of $4,500 including the residence and garage, and remained, according to the building permit record, virtually unaltered until the 2001. Emmet C. Rogers was a prolific Santa Ana builder and developer. He was born in 1896 in Missouri (1930 Federal Census). By 1920, he had married his wife June and moved to Greeley, Colorado, where he was a high school teacher (1920 Federal Census). A few years later, in 1923, he had relocated his family to Santa Ana, and had a dual appointment at both Willard and Lathrop Junior High Schools, where he taught science (Santa Ana Daily Register, April 4, 1923). From the late 1930s through the following decade, Rogers was extremely active as a building contractor, often moving his family, perhaps to houses as he finished them, on Greenleaf (2144), Freeman (602 and 1315), and Towner (1010) (1930 Federal Census, Santa Ana Register July 29, 1940, 1947 and 1949 city directories). According to city directories, Emmet C. Rogers resided at the Jennie Lasby Tessmann House for only two years. Between 1933 and 1945, various renters were identified has having lived at the Jennie Lasby Tessmann House, including Harold C. and Izetta M. Woodward (1933-1937), Edson S. and Rose Pettis (1938), and Lloyd F. and Lillian Brogan (1939-1945). In 1945, John Heinrich Tessmann and Jennie Lasby Tessmann purchased the residence. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch Map Jennie Lasby Tessman House 2462 North Riverside Drive Remarks: *B1 *814. Evaluator: Leslie Heumann/Chattel, Inc *Date of Evaluation: March 22, 2018 (This space reserved for official comments.) © 6010110.16 * U a �°4� • r�Y� moo, �, I . DPR 5238 (1195) 25A-74 *Required information State ofCalifornia —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paae 3 of 3 Resource Name: Jennie Lasbv Tessmann House `Recorded by Pedro Gomez *Date March 22, 2016 El Continuation ❑ Update *B10. Significance (continued): Originally from Castle Rock, Minnesota, Jennie Lasby (later Tessmann) was a renowned researcher, astronomer and author, and was a dedicated member of the Santa Ana College faculty for close to 30 years. After earning her bachelor's degree from Carleton College in Minnesota in 1904 and a master's degree from Mount Holyoke College in Massachusetts in 1906, Jennie Lasby served on the Mount Wilson Observatory staff in Los Angeles. She was associated with George Ellery Hale and Dr. Albert Einstein and was credited as the first woman to enter the Mount Wilson Observatory as a researcher. In 1918 she moved to Santa Ana to care for her parents and was subsequently hired by Santa Ana College in 1919, where she taught astronomy until her retirement in 1946. Jennie Lasby Tessmann was actively engaged in astronomical research in the late 1930's and was one of about fifty women doing research in the United States. It was generally agreed that she was among the highest in experience and achievement. Jennie Lasby Tessmann passed away on December 9, 1959 at the age of 77. The Jennie Lasby Tessmann House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. The Jennie Lasby Tessmann House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Tudor Revival style; and Criterion 4 for its contribution to the Floral Park neighborhood, for its association with prominent local builder, Emmet C. Rogers, and for its association with renowned researcher, astronomer, and Santa Ana College faculty, Jennie Lasby Tessmann. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality,"embodying the massing, materials, and detailing of Tudor Revival design; for its 'association with a significant period in the history of the city", namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant persons" Emmet C. Rogers and Jennie Lasby Tessmann. Character -defining features of the Jennie Lasby Tessmann House include: materials and finishes; steeply pitched roots; entry porch; asymmetrical primary elevation; steppedbrick chimney, decorative half-timbering; picturesque windows; rectangular -shaped, attic vents, and the detached, one-story, front -gabled garage. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Santa Ana (Daily) Register, 1923-1954 (newpapers.com). United States Federal Census, 1920, 1930, 1940 (ancestry.com). DPR 523L 25A-75 25A-76 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE AN AGREEMENT AMENDMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY AND VIETMANESE COMMUNITY OF ORANGE COUNTY FOR THE SENIOR MOBILITY PROGRAM TO REMOVE THE CITY OF SANTA ANA AS A PARTY OF THE AGREEMENT (STRATEGIC PLAN NO. 5, 4B) " l CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16t Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Orange County Transportation Authority and Vietnamese Community of Orange County for the Senior Mobility Program to remove the City of Santa Ana as a party of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney. The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the purpose of improving transportation services for seniors in the region. The Parks, Recreation and Community Services Agency (PRCSA) operates a Senior Mobility Program. The Vietnamese Community of Orange County (VNCOC) also conducts a Senior Mobility Program, where in prior years the City would receive a pass-through payment from OCTA to provide to VNCOC for their program. Under this amendment, PRCSA will be removed completely from the agreement and the agreement will continue only between OCTA and VNCOC. The City has its own separate agreement with OCTA for its program, which continues through June 30, 2021. The result of the change in the agreement is operational efficiencies. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public 2513-1 Agreement Amendment with Orange County Transportation Authority and Vietnamese Community of Orange County For the Senior Mobility Program April 17, 2018 Page 2 facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). FISCAL IMPACT There is no fiscal impact associated to this action. Gerardo Mouet I Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement Amendment 25B-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 2TO COOPERATIVE AGREEMENT NO. C-1-2492 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA AND VIETNAMESE COMMUNITY OF ORANGE COUNTY FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO. 2 is effective this day of_, 2018 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), the City of Santa Ana (hereinafter referred to as "CITY') and Vietnamese Community of Orange County (hereinafter referred to as "CONTRACTOR"). RECITALS WHEREAS, by Agreement No. C-1-2492 dated June 9, 2011, as changed by Amendment No. 1 dated September 6, 2016, AUTHORITY, CITY and CONTRACTOR are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services for seniors receiving services through CONTRACTOR; and WHEREAS, AUTHORITY, CITY and CONTRACTOR agree that CITY to be removed as a party of this Agreement; and WHEREAS, AUTHORITY, CITY and CONTRACTOR agree to replace "CONTRACTOR" where it arises throughout the Agreement with "AGENCY"; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, CITY and CONTRACTOR that Agreement No. C-1-2492 is hereby amended in the following particulars only: I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 2 TO AGREEMENT NO. C-1-2492 1. Delete "CITY" where it arises throughout the entire Agreement. 2. Replace "CONTRACTOR" with "AGENCY" throughout the entire Agreement. 3. Delete ARTICLE 4. in its entirety. 4. Delete ARTICLE 6 in its entirety and replace with the following: "ARTICLE 6, NOTICES All Notices pertaining to this Agreement and any communications from the parties may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: TO AGENCY: TO AUTHORITY: Vietnamese Community of Orange County Orange County Transportation Authority 1618 West First Street 550 S. Main Street P.O. Box 14184 Santa Ana, California 92703 Orange, California 92863-1584 ATTENTION: Christopher Nguyen ATTENTION: Sue Ding (714)558-6009 (714)560-5631" 5. Delete ARTICLE 10, Section Bin its entirety. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 V 23 1 24 25 26 AMENDMENT NO.2 TO AGREEMENT NO. C-1-2492 The balance of said Agreement remains unchanged. This Amendment No. 2 to Cooperative Agreement No. C-1-2492 shall be made effective upon execution by all parties, IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Cooperative Agreement No. C-1-2492 to be executed on the date first above written. CITY OF SANTA ANA By Raul Godinez II City Manager ATTEST: By Maria D. Huizar Clerk of the Council By 40AX)Z-cu N . R� ITLI Laura A. Rossini Senior Assistant City Attorney ORANGE COUNTY TRANSPORTATION AUTHORITY By Pia Veesapen Manager, Contracts and Procurement E E RECOMMENDED FOR APPROVAL: By Gerardo Mouet, Executive Director of Parks, Recreation and Community Services Agency VIETNAMESE COMMUNITY OF ORANGE COUNTY By Tricia Nguyen Chief Executive Officer r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES WITH DKS ASSOCIATES TO COMPLETE A PARKING STUDY CURRENTLY UNDERWAY FOR THE METRO EAST MIXED USE OVERLAY DISTRICT EXPANSION PROJECT (STRATEGIC PLAN NO. 3,2B; 5,3A, B, C) r CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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 agreement with DKS Associates ("DKS') for environmental consulting services to complete an innovative, phased, and transitional parking code requirements study currently underway with an aggregate amount not to exceed $37,743.53 for an eight-month term expiring on December 31, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City Council allocated $100,000 in funds to the Planning and Building Agency in Fiscal Year 2015-2016 for the purposes of procuring environmental consultants to prepare the required technical studies for the Metro East Mixed Use (MEMU) Overlay District expansion project. After conducting an Initial Study in-house, staff identified the need for three distinct technical studies to facilitate the expansion project: an air quality and greenhouse gas emissions study, a traffic impact study, and an innovative and phased parking solutions study. To ensure an equitable procurement process, staff issued three requests for proposals (RFPs) for each of the identified studies. On April 6, 2016, staff issued RFP No. 16-055 to procure a consultant to prepare a study for innovate, phased, and transitional citywide parking code requirement strategies. Four (4) responses were received, and the City selected DKS Associates as the recommended firm with which to enter an agreement based on relevant experience and competitive pricing. City of Santa Ana executed a Consultant Agreement (#A-2016-373) with DKS in the amount of $99,972. This agreement expired December 31, 2017. However, there is a balance of $37,743.53 available in PBA -Air Quality Improvement funds to complete the scope of work DKS proposed. The remaining balance will be carried forward to the new agreement. The City of Santa Ana requested proposals from planning and environmental consulting firms for preparation of a parking study for the MEMU Overlay District expansion project, which will extend 25C-1 Agreement with DKS Associates April 17, 2018 Page 2 the MEMU designation westward along First Street to Grand Avenue. The scope of work includes any and all work efforts related to preparation of an innovative, phased, and transitional citywide parking code strategies study that would initially assist with the Metro East expansion project, including analysis, preparation, community outreach and related compliance with CEQA. DKS has completed three of the five required tasks in the original scope, including data collection, a literature review, and analysis of findings. The fourth task has been partially completed: recommendations of short-term solutions to managing parking demand in the MEMU area. However, the second component of the fourth task (identifying long-term parking reduction solutions) and the fifth task (attendance at meetings) remain incomplete due to complexities of the overall MEMU Overlay District expansion project, which resulted in a delay that passed the original agreement's expiration date of December 31, 2017. DKS Proposal The agreement would allow DKS to complete its original scope of work, to provide a parking study comprised of the following: 1. An inventory of existing land uses in areas identified by the City for potential increases in allowable mixtures of land uses and densities; 2. An analysis of the City's existing off-street parking requirements in the identified areas and comparisons against alternative off-street parking requirements commonly used in shared parking analyses, such as those prepared by the Urban Land Institute (ULI) or the Institute of Transportation Engineers (ITE); 3. A proposed off-street parking code for the identified areas that employs an innovative approach to transitional/phased parking requirements as development units and/or square footages, market conditions, transit demand, cycling, walking, and personal automobile use patterns transform over time with changes in land uses, built environments, infrastructure improvements, capital projects, etc.; and Ultimately, the study will provide the City with options and strategies for reducing parking requirements in areas identified for increased development potentials. These reduced parking requirements could be implemented through a variety of means identified in the study, including, for example, reductions that are implemented over time as mixed-use projects are constructed, shared parking agreements in plan areas that span multiple properties or development sites, parking districts, on -street parking permits, and other shared approaches. These strategies would be first incorporated into the MEMU Overlay District expansion project area but could also be applied citywide once the General Plan and Zoning Code updates are completed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private 25C-2 Agreement with DKS Associates April 17, 2018 Page 3 development through new General Plan and Zoning Ordinance policies), Strategy B (Update the City's Zoning Ordinance to be consistent with the updated General Plan and include equitable, innovative, business friendly zoning practices); 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), Strategies A, B, and C (to increase opportunities for mixed-use residential projects, ensure compliance with the City's Housing Opportunity Ordinance, and provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT The total cost to prepare an innovative, phased, and transitional parking code requirements study is not to exceed $37,743.53 for an eight-month term expiring on December 31, 2018. Funds for this project are budgeted and available as follows: Fund Account Number Amount FY 2017/18 03116510-62300 $32,104.00 PBA -Air Quality Improvement FY 2018/19 03116510-62300 $ 5,639.53 PBA -Air Quality Improvement APPROVED AS TO FUNDS AND ACCOUNTS: Candida Neal, AICP Francisco Gutierrez �(Z Acting Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency SM:rb S:RFCA%04-17-181RFCA — OKS Parking 417 2018 Exhibit: 1. Consultant Agreement 25C-3 25C-4 AGREEMENT WITH DKS ASSOCIATES TO PROVIDE PHASED AND TRANSITIONAL PARKING STUDY AT METRO EAST MIXED USE OVERLAY DISTRICT EXPANSION PROJECT THIS AGREEMENT is made and entered into this 17th day of April, 2018, by and between -DKS Associates (DKS), 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"), collectively the "Parties". RECITALS A. On December 20, 2016, the Parties entered into Agreement #A-2016-373 (said "Agreement") to retain Consultant to provide environmental consulting services for an innovative phased and transitional parking study performed for the Metro East Mixed Use Overlay District Expansion Project. The Term of Agreement #A-2016-373 expired on December 31, 2017 and City desires to continue its retention of Consultant to complete these services. B. Consultant continued to perform work in furtherance of said Agreement after its expiration and shall be compensated for such work pursuant to the terms of this new Agreement. Consultant represents that Consultant is able and willing to complete these services for 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 The Scope of Work, attached as Exhibit A and incorporated by reference to this Agreement, includes any and all work efforts related to the completion and preparation of an innovative, phased, and transitional citywide parking code strategies study that would initially assist with the Metro East expansion project, including analysis, preparation, community outreach and related compliance with CEQA. 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 $37,743.53 during the Term of this Agreement. Consultant shall provide City with an updated list EXHIBIT 1 25C-5 of personnel assigned to perform services pursuant to this Agreement along with the hourly wage. City agrees to compensate Consultant for services completed during the expiration of Agreement #A-2016-373 through the commencement of this Agreement noted in Section 3, below. C. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 December 31,2018, unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to 25C-6 Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require 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. b. Business automobile liability insurance, or equivalentform, 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 with $2,000,000 in the aggregate. 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 25C-7 of this Agreement and shall be approved by the City (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. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. 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 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. VINOMhlDL=lIT, l0llI[SY-11%t am, 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. 25C-8 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 5 25C-9 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 Copies to: Executive Director of Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 and Santa Ana, California 92702 Fax 714-647-5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Consultant: DKS Associates Jim M. Daisa, PE 2401 E. Katella Ave., Suite 425 Anaheim, CA 92806 Tel. 657-284-2620 Fax 510-268-1739 Email - iim.daisa(a)dksassociates.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 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. 25C-10 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. Consultant shall provide City with an updated list of personnel assigned to this Agreement and the hourly wage. Any changes to personnel to perform services pursuant to this Agreement shall be provided in writing to City at least 30 days prior to change, subject to City approval. 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. 7 25C-11 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. {Signature Page Follows} 25C-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Byte Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Candida Neal Interim Executive Director Planning & Building Agency G] 25C-13 William R. Roudon Principal EXHIBIT A — Scope of Services io 25C-14 EXHIBIT B - FEE SCHEDULE ii 25C-15 Exhibit A Scope for MEMU Parking Study Update Task is Transitional Parking Strategy Development and Proposed Zoning Code Purpose: This task informs the development of potential transitionary and phased strategies for implementing the parking requirements in the MEMU Overlay District. The menu of strategies will be vetted with City staff, stakeholders and decision -makers and refined into language appropriate for amending the City's zoning code and/or MEMU Overlay District's development standards. DKS, with technical support from RRM, will develop a menu of short-range and long-range transitionary parking strategies categorized by implementing entity, cost, effectiveness, timeframe and sub -district. RRM will prepare up to three development standard graphics to illustrate proposed strategies to the extent the strategies can be illustrated. DKS will provide technical supporting information from our literature review and research, data collection, and parking scenario modeling. Consideration would be given to the citywide applicability of the strategies. The menu of strategies will be initially vetted through City staff with the intent of presenting the strategies in a community/stakeholder forum and subsequently in a Planning Commission or City Council study session. The forum and study session would inform the preparation of potential language for amending the City's zoning code and MEMU Overlay District development standards. Task 2: Meeting Attendance and Final Deliverables Purpose: This task identifies the meetings DKS staff will attend and the level of effort DKS will commit to developing a final deliverable. Attendance at Meetings: DKS' Project Manager and/or Local Coordinator will prepare for, and attend, the following meetings: • Kick-off meeting with City staff (completed) • One community works h ops/sta ke holder forum (completed) • Monthly progress meetings with staff in person and/or by phone (completed) • One Planning Commission or City Council study session or, alternatively, one Planning Commission General Plan & Zoning Subcommittee meeting • One Planning Commission public hearing • One City Council public hearing Deliverables: • Administrative draft technical report (three hard copies) • Final public draft technical report (three hard copies) • Final public technical report (three hard copies) • Electronic files of all administrative draft, final public draft, and final public technical reports (one CD or USB flash drive) in both Microsoft Word format and editable PDF 25C-16 R. 25C-17 00 N N r p 0 0 0 UoM000.t CI N Yi f9 W r F9 A � LC L gyp" b X � Vi 69 Vf Vi W y ' O (9 o w 0 ur 0 F 9 Vi E o o �C a H m <" � N _ n d Q N A q� C C G O m E 0 o Ca H F v c � {py U � N r d N M F d ' o m o t N � pd A h d d n L d � E 0 U a` ^ N Y .fC Y 25C-17 25C-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE AN AGREEMENT WITH CALIFORNIA MANUFACTURING TECHNOLOGY CONSULTING FOR RAPID RESPONSE SERVICES {STRATEGIC PLAN NO. 2,4) CITY NAGER RECOMMENDED ACTION Cd, =10 :(e1 M1a19 0 N l 1t*1*91i I U APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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 an agreement with California Manufacturing Technology Consulting for Rapid Response services for a one year term beginning April 17, 2018 through June 30, 2019, in an amount not to exceed $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The WORK Center provides Rapid Response services to Santa Ana businesses that are downsizing under the Workforce Innovation & Opportunities Act (WIOA). The purpose of Rapid Response is to enable laid -off workers to return to work as quickly as possible, or to prevent displacements altogether. This type of prevention under WIOA is commonly known as layoff aversion. The intent of such services is to provide solutions to companies that want to save jobs. In January 2018, the WORK Center, in order to expand services under the Rapid Response program, procured layoff aversion activities to the manufacturing sector. The manufacturing focus was due in large part to the Santa Ana Workforce Development Board's strategic plan. These services will allow the City of Santa Ana to provide this service to an important sector of our local economy. Staff determined that California Manufacturing Technology (CMTC) qualified as a sole source provider of program services to the manufacturing sector. A sole source determination was reached because CMTC is the only Manufacturing Extension Partnership (MEP) in the State of California. The MEP program provides services to manufacturing companies on behalf of the Federal Department of Commerce. This program offers assistance to small and mid-size manufacturing companies ranging from process improvement, workforce development to specialized business practices. It is meant to make the company more competitive and thereby save and create jobs. CMTC receives a grant from the Department of Commerce to identify businesses and assess needs. CMTC is the only MEP 25D-1 Agreement with CMTC for Rapid Response Services April 17, 2018 Page 2 Center in California and the only provider in Southern California. CMTC is a non-profit corporation that provides manufacturing training and technical assistance to improve productivity and growth of manufacturing firms determined to be in need of services. CMTC has been in operation for over 25 years. They have run Rapid Response projects on behalf of 13 California workforce development boards. In 2016, CMTC delivered services to over 1,000 manufacturers. These firms reported a combined $647 million sales increase, $169 million in cost savings and over 8,500 jobs saved across California. The proposed services require CMTC to identify manufacturers at risk of laying off before the business is forced to downsize. CMTC will assess need and then define, and recommend assistance. Services will include the use of consultants to help selected firms overcome issues found during the assessment phase. Upon service completion, an independent third party will survey firms for satisfaction, economic impact and jobs saved within 6 to 12 months. The intended performance outcomes include a minimum of 10 Santa Ana manufacturers served and documenting 100 saved jobs. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort 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 Funds are available in the WIOA Rapid Response Contract Services -Professional account (no. 12318756-62300) for expenditure as follows: Fiscal Year Amount 2017-18 $ 25,000 2018-19 $ 75,000 Total $100,000 The amounts identified are estimates and are subject to change. obert M. Zu S ied Interim Executive ' ector Community Development Agency Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25D-2 EXHIBIT 1 AGREEMENT TO PROVIDE NIANUFACTURING SECTOR LAYOFF AVERSION SERVICES THIS AGREEMENT is made and entered into this day of April, 2018, by and between California Manufacturing Technology Consulting ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of manufacturing sector layoff aversion services to avert layoffs by identifying at -risk manufacturers before the manufacturer is forced to lay-off. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Additional information regarding the Manufacturing Sector Layoff Aversion Program is provided in Consultant's Funding Overview attached hereto as Exhibit C and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto and incorporated by reference. The total amount of the Agreement shall not exceed $100,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 11 25D-3 EXHIBIT 1 3. TERM This Agreement shall commence on the date first written above and continue through June - 30, 2019, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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 sball be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse; or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE 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 Page 2 of 11 25D-4 EXHIBIT 1 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, Such insurance shall (a) name the City, its officers, employees, agents, 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 with $2,000,000 in the aggregate. 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 by the City. 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. iv. Consultant shall supply City with a fully executed additional insured endorsement. 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 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 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for Page 3 of 11 25D-5 EXHIBIT 1 personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the workproduct or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also Page 4 of 11 25D-6 EXHIBIT 1 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. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 11 25D-7 EXHIBIT 1 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fiuther 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, pen -nits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 6 of 11 25D-8 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) PA, Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-27) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: EXHIBIT 1 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 California Manufacturing Technology Consulting 690 Knox Street, #200 Torrance, CA 90502 Fax: 310-808-1429 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. NIISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 11 25D-9 EXHIBIT 1 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 e , n By: Ryan O. RECOMMENDED FOR APPROVAL: ROBERT ZUR SCHMIEDE Interim Executive Director Community Development Agency CITY OF SANTA ANA Raul Godinez II City Manager CALIFORNIA MANUFACTURING TECHNOLOGY CONSULTING James Watson President/CEO 25D-10 Page 8 of 1 I EXHIBIT 1 STATEMENT OF WORK 25D-11 Exhibit A EXHIBIT 1 Statement of Work CMTC proposes a Manufacturing Sector Layoff Aversion Program to avert layoffs by identifying at -risk manufacturers before the manufacturer is forced to lay-off utilizing a 7 -step plan 1) Define program objectives 2) Outreach to manufacturers 3) Discovery meetings to identify at -risk manufacturers 4) Assess and define recommended assistance 5) Gain customer commitment to job retention 6) Partner approval of employers & services and 7) Independent 3rd party survey for satisfaction, impact & jobs. CMTC proposes to serve a minimum of ten at risk manufacturers resulting in a minimum of 100 retained jobs. As a federally funded MEP Center, CMTC will provide the outreach to manufacturers in Santa Ana under our California statewide MEP program at no cost to the Santa Ana WDB. CMTC proposes to collaborate with the Santa Ana WDB to raise awareness of available resources and provide manufacturing layoff aversion business retention implementation services (includes training and consulting services) for qualifying manufacturers. The proposed services will be provided to at -risk manufacturers that may lay off workers in the near future if they are unable to stabilize their company and become more profitable, and to manufacturers with barriers to growth. CMTC will follow the standard 6 - step plan outlined in more detail below: Step 1 - Program Planning • Define program requirements to meet Santa Ana WDB objectives for layoff aversion and business process improvement services. • Review and revise Early Warning Checklist for Business Viability and initial WDB Business Data Intake form (see Exhibit Q. • Develop process for Santa Ana WDB approval of qualified manufacturers for Lay-off Aversion Services (LAS) utilizing the WDB Business Data In -take form. • Establish major milestones schedule and quarterly reporting requirements. • Hold Santa Ana WDB — CMTC kickoff to review program objectives and procedures. As appropriate, include regional economic development organizations, including representatives from the city, to raise awareness, discuss coordination, and share key contacts for referrals of at - risk manufacturers and set joint meeting protocols. Step 2 - Awareness and Outreach To target potential at -risk manufacturers, CMTC will pull data on manufacturers in the region that have decreasing revenue for the last three years and/or have a D&B prescreening score of Medium risk or High risk as the targeted segment for services. CMTC may also identify at -risk manufacturers or those with barriers to growth in these sectors through our on-going MEP outreach program, past CMTC clients or WDB referrals. (Outreach is provided as CMTC in-kind and not included the cost proposal). • Telemarketing campaign to schedule initial Discovery meetings. Step 3 - Schedule Manufacturer Discovery & Assessment Meeting Initial WDB Business Data Intake Form and Early Warning Checklist Review for Business Viability and At -Risk Factors (see Appendix A), including • CMTC outreach team members will schedule a meeting with the interested manufacturers and CMTC Client Advisor. • Team will share objectives of the Layoff Aversion program and complete a WDB Business Data Intake Form to determine companies' primary issues/concems and recommended implementation solution, utilizing the Early Warning Checklist for Business Viability (see Exhibit Q. 25D-12 EXHIBIT 1 Exhibit A • Companies already planning layoffs will be immediately referred to the City of Santa Ana WDB for Rapid Response services. Step 4 - Approval of Manufacturers Approve of Manufacturers with three identified early warning signs or barriers to growth a company will be considered for layoff aversion business assistance implementation services or growth services. • CMTC will submit the WDB Business Data Intake Form (see Exhibit C) and recommendations to the City of Santa Ana WDB to review and approve potential on-site layoff aversiop business assistance implementation projects. This step is to agree and prioritize companies based on need and potential job retention or creation. • Manufacturers not qualifying for onsite layoff aversion services are eligible for CMTC's California Manufacturers AdvantageTM program at no charge. All participating manufacturers will receive information on partner programs. Companies unable to provide Sr. management commitment and the needed resources for participation in the program should not be considered for on-site services as this significantly reduces the implementations success Step 5 - Customized On-site Layoff Aversion or Growth Business Assistance Implementation Solutions • Santa Ana WDB Project Manager will approve companies. • Statement of Work reviewed and approved by the company. Gain Sr. Management commitment to job retention or creation with signed contract/scope of work. Management will provide a confidential list of employees that could be at -risk for layoff if the manufacturer is unable to stabilize -and become more profitable. • CMTC will provide on-site training and implementation as stated in the approved Scope of Work. These services are customized to address the customer's issues and retain/create jobs. • Once layoff aversion and business assistance implementation services are completed, the company will sign -off on the project and job retention/creation impacts gained in the form of a testimonial letter (see Appendix A for sample letter). Step 6 - Independent 3rd party survey • All companies receiving services will be surveyed within 6-12 months of the delivery by MEP independent 3rd party survey for satisfaction and quantified impact. CMTC will report forecasted impact at project completion, survey the company 90 -days after project completion to assure job retention and company will receive the independent 3rd party survey within 6-12 months. 25D-13 EXHIBIT 1 I I: Page 10 of 11 25D-14 EXHIBIT 1 Exhibit B California Manufacturing Technology Consulting (CMTC) Layoff Aversion Budget Prepared for the City of Santa Ana WDB 25D-15 WIOA Match/In Kind Total Personnel Salaries* $15,280 $15,280 Benefits 4,130 4,130 Other (list)* 19,410 0 19,410 Total Personnel Operating Expenses Rent or user fee* 540 540 Utilities Phones Internet fees Parking fees Security Maintenance Insurance Equipment* Rental fees Purchase Vehicle lease charges (vehicles may not be purchased) Office expenses 2,210 2,210 (consumables) Accounting Services Legal services Auditing services Staff training Staff travel/mileage 560 560 Customer Training* Support services* Profit (for profits only) Other (list)* 70,000 70,000 73,310 0 73,310 Total Operating Expenses Indirect costs at 8.63% on Modified Total Direct Costs 71280 0 7,280 attach indirect cost rate Ian** GRAND TOTAL (Total Personnel + Total Operating Expenses + Indirect Costs) $100,000 $0 $100,000 25D-15 EXHIBIT 1 Exhibit B California Manufacturing Technology Consulting (CMTC) Layoff Aversion Budget Prepared for the City of Santa Ana WDB Budget Narrative Personnel 25D-16 Rate per Hour, Est including Position Description FTE Hours Benefits Project Manager 4.33% 90 $76 This position will be responsible for identifying manufacturers at -risk factors, developing a solution to address the risk factors and assigning resources for solution implementation. And assures overall client satisfaction and realization of solution impact (i.e. retained jobs, increased sales, cost savings, etc.) ClientAdvisor J 1,73% 36 $76 This position will be responsible for identifying manufacturers at -risk factors, developing a solution to address the risk factors and assigning resources for solution implementation. And assures overall client satisfaction and realization of solution impact (i.e. retained jobs, increased sales, cost savings, etc.) Field Ops M r 1 0.48% 10 $94 This position will be responsible for assuring client advisor opportunity pipeline to identify at -risk manufacturers for qualification is sufficient to meet Santa Ana WDB contract requirements. Field Ops Mgr 0.48% 10 $94 This position will be responsible for assuring client advisor opportunity pipeline to identify at -risk manufacturers for qualification is sufficient to meet Santa Ana WDB contract requirements. Training M r 1 2.40% 50 $76 This position will be responsible for Program management including developing monthly status reporting as required by the Santa Ana WDB. Sr Workforce Tech 1 2.40% 50 $55 This position will be responsible for communication with consultants delivering solutions, gathering/tracking delivery hours, performance and impact. Sr Workforce Tech 1 2.40% 50 $55 This position will be responsible for communication with consultants delivering solutions, gathering/tracking delivery hours, performance and impact. 25D-16 EXHIBIT 1 Exhibit B California Manufacturing Technology Consulting (CMTC) Layoff Aversion Budget Prepared for the City of Santa Ana WDB Budget Narrative (continued) Operating Expenses Facility Rent is allocated to all programs based on direct labor hours. Office Consumables such as postage, office supplies, communication services, etc. are either direct charged or allocated to all programs based on direct labor hours. Staff Travel costs will consist of mileage reimbursed at the IRS rate in effect when the travel occurs. Other Costs consist of the use of Third Party Contractors to deliver Implementation services. The composition of services, number of hours and hourly rates will depend upon the needs of the clients identified to receive services under this contract. For budget purposes we have estimated an average hourly rate of $100. Indirect Costs Indirect Costs: CMTC's cognizant agency, Department of Commerce, approves our indirect cost rate. The rate. is applied against Modified Total Direcf Costs (MTDC), .which exclude Facility rent. The provisional approval of our most recent indirect rate package accompanies this budget. 2501-17 EXHIBIT 1 V:I13MZ7 FUNDING OVERVIEW Page 11 of 11 25D-18 Exhibit C EXHIBIT 1 California Manufacturing Technology Consulting Santa Ana Workforce Development Board (WDB) Manufacturing Sector Layoff Aversion Program Funding Overview CMTC has secured funding from the Santa Ana Workforce Development Board (WDB) to assist Santa Ana businesses in order to imaact lobs in the region. Funding may target °viable but vulnerable° companies that, with CMTC assistance, are able to retain jobs and avert layoffs. Requirements and parameters: • A company at risk of layoff must identify the 3 to 4 Early Warning Signs they face, as listed on Page 3 of this document. • Target companies with at least 20 employees with: o MINIMUM of 10 employees at risk of layoff for an at risk employer—a retained job Is one where the employee is retained in full time employment for at least 90 days after the completion of the WDB-funded hours • WDB-funded projects must be completed by the WDB contract term date: Documentation Requirements: • WDB Intake Form** requires employer review and approval prior to submission to the WDB. Requires WDB approval prior to securing employer contract signature. • CMTC WDB At Risk Employee List (AREL) must be submitted with the intake form • CMTC_ WDB, contract requires _signature in order to begin delivery • CMTC WDB training roster if the implementation includes a classroom training component, identify total training hours and submit traineeltrainer signed rosters • Engagement Completion Form (ECF)*" must be completed and signed by the employer upon completion of WDB-funded project • WDB Support Letter" must be submitted upon completion of WDB-funded project • CMTC WDB employment confirmation must be completed by employer at 90 days and one year after project completion to verify employment status and wages • NIST Survey ** Template on CMTC Central Questions? Contact Rocio Leon at (310) 984-9892 or leon(CDcmtc.com or to wib(@cmtc.com. 25D-19 Exhibit C Workforce Development Board Data Intake Form INSTRUCTIONS: ✓ Complete ALL information requested on the Intake Form ✓ Select FOUR of the 18 factors from the attached Early Warning Signs Checklist ✓ Secure client sign off on the Intake Form ✓ Secure the Target Employee List (TEL) from the employer ✓ Forward both documents to wib@cmtc.com ✓ Questions: call Roclo at 310-984-9892 Next Steps: ✓ Assuming there are no questions or missing information, Rocio will forward funding request to appropriate WDB representative for review WDBs have committed to a reply within 5 business days of Intake Form submission 25D-20 EXHIBIT 1 Exhibit C Rapid Response - Early Warning Signs Negative cashflow, accounts payable backlog Financial problems Overdue loans/liens • Real estate and property tax delinquencies Quality problems • Returns Customer complaints Increasing costs Supply Chain issues Upstream (customers) (both directions) Downstream (suppliers) Competing supply chains Global competition Market issues Market trends • Impacts on supply chain No successor for an aging or sick owner Ownership problems •Change of ownership/new investment strategy • Ownership by conglomerate Lack of equipment and building maintenance Disinvestment Profits used to Improve or buy other plants Excess dividends or other payouts Declining sales and/or Three-year trend declines declining employment Loss of major customers Trend counter to (or worse than) the rest of industry • Poor quality control, poor product design Mismanagement Nepotism, cronyism, irregularities in promotions • Antagonistic labor relations Twin plant with ability to make the same or related product Duplicate capacity • Outsourcing of least -skilled work • Whipsawing against twin plant • Poor treatment of plant by corporate parent or poor managers Management instability High turnover in plant manager, engineer, and labor relations positions • Mysterious new "consultants" directing personnel Business "climate" Management complaints about taxes, energy prices, unions, poor workers complaints Indications that a company is looking for enterprise zone, tax breaks Antagonistic local government/activists Rising land prices due to commercial or residential redevelopment Changes in land use Location in a trendy riverfront or oceanside area Neighboring plants being sold and converted to non -manufacturing uses Inadequate research and Lack of new products development Losing product design and quality to other companies Lack of research to cut energy costs, overhead, and Inventory Changes in Increased labor relation problems management behavior Lack of company "roots" in the community Manager's actions that Indicate they won't be staying long Removal of equipment Equipment moved to a twin plant or sold to a competitor Loss of key equipment or minor pieces Cash crunch/irrational Supplies arriving C.O.D. cutbacks Shortages in supplies causing production snags Paychecks bouncing 25D-21 EXHIBIT 1 Exhibit C Unusual bargaining Management asking for shorter or longer contracts than usual positions Company offering to initiate severance pay clause Address: Management proposing "back loaded" money language Unidentified visitors Equipment or building being surveyed or appraised and/or cosmetic • Cosmetic improvements such as office spruce -up, landscaping improvements Consultants or other visitors the companywill not Identify Workforce Development Board Data Intake Form Date Submitted Company Name: Address: Product/Industry: Company Contact Name: Contact Title: Contact E -Mail: Contact Phone: CMTC Account Owner: Union Shop? [ ] Yes [ ] No Current Number of Full Time Workers: Current Annual Sales: Number of Full Time Workers One Year Ago: Annual Sales 1 Year Ago: Number of Jobs at Risk: I I Minimum Commitment of Jobs to Retain*: Top three to four Early Warning Signs that apply to checklist): customer (cut and paste from Early Warning Signs 1. 2. 3. 4. *A retained job equal someone that remains in full time employment for 90 days after project completion Company background: Problem statement: Proposed solution (CMTC service): Positions Impacted: Estimated Completion Date: Estimated LOA Costs: Anticipated outcome (quantified impact): 25D-22 Exhibit C EXHIBIT 1 Workforce Development Board At -Risk Employee List Company Name: Instructions: complete and return with completed WD13 Data Intake Form 25D-23 1a - Last Name 1b - First Name 2 - Job Mel Classification 3 - Hourly Wage 4. Hire Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25D-23 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE SETTLEMENT AGREEMENT WITH NANCY FAINBARG CHASE AND STEVEN FAINBARG AND EAST END REALTY PARNTERS, LP FOR PORTIONS OF REAL PROPERTY AT 201 E. FOURTH STREET, 219 E. FOURTH STREET, AND 300 E. FIFTH STREET (STRATEGIC PLAN NO. 4, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' 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 a settlement agreement with Nancy Fainbarg Chase and Steven Fainbarg and East End Realty Partners, LP to modify real property boundaries at 201 E. Fourth Street, 219 E. Fourth Street, and 300 E. Fifth Street (APNs 398-327-01, 06, 07, 08, 09), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION During the 1980's, the City and the Santa Ana Community Redevelopment Agency (CRA) coordinated with Fiesta Marketplace Partners to redevelop what was the Fiesta Marketplace area of downtown, including the block bordered by Fourth Street, Fifth Street, Bush Street and Spurgeon Street. The improvements to the block consisted of construction of a parking structure at 300 E. Fifth Street, a new two-story building at 201 E. Fourth Street, and refurbishment of the building at 219 E. Fourth Street. A drive aisle was also constructed to serve as rear access to the 201 E. Fourth Street building. Prior to the improvements, lots were assembled through purchase by the City, CRA, Nancy Fainbarg Chase and Steven Fainbarg, and Fiesta Marketplace Partners. The lot configuration in place at the time of development did not conform to the newly built structures (Exhibit 1). The City currently owns the parking structure at 300 E. Fifth Street (APNs 398-327-01, 07, and 08), Nancy Fainbarg Chase and Steven Fainbarg own the property at 219 E. Fourth Street (APN 398- 327-06), and East End Realty Partners, LP owns the property at 201 E. Fourth Street (APN 398- 327-09). Although the intent of the project was to adjust the property boundaries to align with the 25E-1 Settlement Agreement with Nancy Fainbarg Chase & Steven Fainbarg and East End Realty Partners, LP April 17, 2018 Page 2 parking structure and buildings (Exhibit 2), staff recently discovered that the lot line adjustments were not accomplished. As a result, the City's parking structure encroaches onto a parcel owned by Nancy Fainbarg Chase and Steven Fainbarg, and the building at 201 East Fourth Street encroaches onto a parcel owned by the City. In order to gain ownership to the excepted portion of the parking structure, correct the lot configurations within the block, and remove maintenance and liability obligations associated with property the City cannot access, staff recommends approval of a settlement agreement to transfer ownership of encroached -upon properties. Following the execution of the agreement, staff will process lot mergers to consolidate each of the parcels and remove any lot lines through buildings. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action Robert Zur Sch e I Interim Executive n ctor Community Development Agency Exhibits: 1. Existing Configuration 2. Proposed Configuration 3. Settlement Agreement 25E-2 IJ CITY OWNERSHIP FAINBARG OWNERSHIP ® EAST END REALTY PARTNERS OWNERSHIP EXHIBIT SANTA au nu., SETTLEMENT AGREEMENT WITH EAST lPWAEND REALTY PARTNERS, NANCY i= FAINBARG CHASE. AND STEVEN FAINBARG �2! I CITY OWNERSHIP ® FAINBARG OWNERSHIP ® EAST END REALTY PARTNERS OWNERSHIP EXHIBIT 2 SANTA ANA Tipp SETTLEMENT AGREEMENT WITH EAST P. WA . END REALTY PARTNERS, NANCY FAINBARG CHASE, AND STEVEN FAINBARG .="ftla a EXHIBIT 3 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of , 2018, by and between the City of Santa Ana (hereinafter referred to as "City"), Nancy Fainbarg Chase & Steven Fainbarg (hereinafter referred to as "Fainbarg"), and East End Realty -Partners, LP (hereinafter referred to as "East End'). At times hereinafter, East End, Fainbarg, and the City are collectively referred to hereiri as "the Parties" and individually as a "Party." RECITALS A. During the 1980's, the City and the Santa Ana Community Redevelopment Agency ("CRA") coordinated with Fiesta Marketplace Partners to redevelop what was the Fiesta Marketplace area of downtown, including the block bordered by Fourth Street, Fifth Street, Bush Street and Spurgeon Street. The improvements to the block consisted of construction of a parking structure at 300 East Fifth Street, a new two-story building at 201 East Fourth Street, and refurbishment of the building at 219 East Fourth Street. A drive aisle was also constructed to serve as rear access to the 201 East Fourth Street building. B. Prior to the improvements, lots were assembled through purchase by the City, CRA and the Fainbarg entities. The lot configuration in place at the time of development did not conform to the newly built structures. Although the intent of the project was to adjust the property boundaries to align with the parking structure and buildings, the lot line adjustments were not accomplished. As a result, the City's parking structure encroaches onto a parcel owned by Fainbarg, and the building at 201 East Fourth Street encroaches onto a parcel owned by the City. C. In order to gain ownership to the excepted portion of the parking structure, correct the lot configurations within the block, and remove maintenance and liability obligations associated with property the Parties do not necessarily have a right to access, this Agreement intends to approve transfer of ownership to encroached -upon properties. Following the execution of this Agreement, lot mergers will be processed to consolidate each of the parcels and remove any lot lines through buildings. D. The following properties comprise the subject of this Agreement: APNs 398-327- 01, 06, 07, 08, 09 ("Subject Properties"). E. The Parties wish to settle, resolve, and compromise any potential disputes and controversies existing between them arising out of and/or relating to, without limitation, the ownership interests and placement of lot lines between the Subject Properties, and any other facts, claims, demands, or causes of action existing as of the execution date of this Agreement and relating to the Subject Properties, whether known or unknown. The Parties wish to avoid incurring the cost, expense, and disruption that would come with prosecuting and defending any litigation, and the Parties intend to achieve a full and complete settlement of all issues and claims involving each other relating to the Subject Properties, NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants set forth below, the Parties agree as follows: 1 25E-5 EXHIBIT 3 1. Recitals. The recitals set forth in paragraphs A through E are true and correct and are hereby fully incorporated by reference into this Agreement. 2. Effective Date. The Effective Date of this Agreement shall be the date on which this Agreement is fully executed by all of the Parties. 3. No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the City under local, state, and/or federal law, rule, policy, or agreement, or to establish a precedent or formal policy of the City in this or any other matter, now or in the future. 4. No Admission of Liability. This Agreement shall not in any way be construed as an admission by any of the Parties of any unlawful or wrongful acts or other liability whatsoever against each other or against any other person. The Parties specifically disclaim any liability to, or wrongful acts against, each other or against any other person on the part of themselves, any related person, or any related predecessor entity or corporation, or its or their agents, representatives, or successors in interest and assigns, in relation to the matters addressed in this Agreement. apply: Settlement Terms. Upon execution of this Agreement, the following terms shall a. The Parties hereby approve and shall take all actions necessary to effectuate the exchange of the Subject Properties pursuant to the following transactions: Fainbarg shall transfer to the City the portion of property as detailed in the Legal Description provided in Exhibit A attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit B and incorporated herein by reference. ii. The City shall transfer to East End the portion of property as detailed in the Legal Description provided in Exhibit C attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit D and incorporated herein by reference. iii. The City shall transfer to Fainbarg the portion of property as detailed in the Legal Description provided in Exhibit E attached herewith and incorporated herein by reference. Further detail of said property is provided in the Sketch attached hereto as Exhibit F and incorporated herein by reference. b. There shall be no monetary compensation between the Parties for the exchange of the Subject Properties. 25E-6 EXHIBIT 3 C. After executing and recording the Grant Deeds necessary to exchange the Subject Properties as described in section 5(a) above, the Parties shall process the following Lot Mergers to join the new lots accordingly; L Voluntary Lot Merger No. 2014-09 by East End; ii. Voluntary Lot Merger No. 2014-11 by Fainbarg; and, iii. Voluntary Lot Merger No. 2015-01 by the City. d. The Parties agree to cooperate fully in the performance of this Agreement and to execute any and all supplementary documents and take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement, and that are not inconsistent with the Agreement's terms. C. No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the transfer of the Subject Properties is subject to taxation. The City does not bear any responsibility for any other Party's tax liability that may arise as a result of the transfer of the Subject Properties. Each Party agrees to assume any responsibility for payment of its own taxes due in relation to the transfer of the Subject Properties. f. Fainbarg and East End agree to defend, indemnify, and hold harmless the City from and against any and all claims, debts, liabilities, demands, obligations, costs, expenses, causes of action, fines, penalties, losses or judgments asserted against the City by any third party based on or arising out of or in connection with the portions of the Subject Properties being transferred in accordance with this Agreement ("Claims"), regardless of whether such Claims arose prior to or after the final transfer in the case of the portions of parcels being transferred by the City to Fainbarg and East End, and only if such Claims arose prior to the final transfer in the case of the portion of the parcel being transferred by Fainbarg to the City. 6. Mutual Release of All Claims and Potential Claims. The Parties, on their own behalf and on behalf of their respective predecessors and related persons and entities, hereby release and forever discharge the other Parties, from any and all claims, causes of action, and demands relating to or arising from the transfer of the Subject Properties that they have or may have against each other (or their predecessors or related entities), as well as their respective present and former officials, council members, board members, directors, employees, heirs, representatives, agents, governing bodies, attorneys, insurers, predecessors -in -interest, successors - in -interest, and assigns, and any and all persons acting by, through, under, or in concert with any of them, except for such claims, causes of action, or demands as may be based upon the commitments expressly undertaken in this Agreement. 7. Release of Unknown Claims. For the purpose of implementing a full and complete release and discharge of the Parties, as well as their respective present and former officials, council members, directors, employees, heirs, representatives, agents, governing bodies, attorneys, insurers, predecessors -in -interest, successors -in -interest, assigns, and any all persons acting by, through, under, or in concert with any of them, the Parties expressly acknowledge that 3 25E-7 EXHIBIT 3 this Agreement is also intended to include in its effect, without limitation, all claims that the Parties do not know of or expect to exist in their favor at the time of the execution hereof, and the Parties agree that this Agreement contemplates the extinguishment of any such claim or claims that in any way relate to or arise from the transfer of the Subject Properties. In addition, the Parties expressly waive and relinquish all rights and benefits afforded by California Civil Code section 1542 relating to the subject matter hereof, and, in doing so, understand and acknowledge the significance and consequences of such specific waiver of said provisions of law. Civil Code section 1542 states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT. Initialed by: City Fainbarg East End 8. Each Party to Bear Their Own Fees and Costs. Each Party shall bear its/his/her own costs, expenses, and attorneys' fees incurred in connection with the transfer of the Subject Properties, the administrative and/or legal proceedings preceding or resulting in this Agreement, and in connection with any other proceedings or actions initiated by any Party against any other Party in any forum (civil, criminal, administrative, or quasi -administrative) concerning the transfer of the Subject Properties, and each of the Parties hereto, and each of their respective associated or related parties, expressly waives any claim for recovery of any such costs, expenses, or attorneys' fees from the Party. Fainbarg and East End shall be responsible for paying any and all standard fees required by the City for the processing of lot line adjustments, lot mergers, and related documents, as necessary to fulfill the transfer of the Subject Properties. Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses, and/or attorney's fees from the Party(ies) that are not their client(s) and/or from any source whatsoever, relating to the matters discussed herein, except as otherwise provided for in this Agreement. 9. Context. Whenever the context so requires in this Agreement, all words used in the singular shall be construed to have been used in the plural (and vice versa), each gender shall be construed to include any other genders, and the word "person" shall be construed to include a natural person, a corporation, a firm, a partnership, a joint venture, a trust, an estate or any other entity. 10. No Other Terms. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior or contemporaneous agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. 11. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, 25E-8 EXHIBIT 3 concurrent, or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. 12. Interpretation. This Agreement has been jointly negotiated and drafted by the Parties and their respective attorneys, and that it shall not be interpreted or construed in favor of or against any Party on grounds that said Party drafted the Agreement. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. The Parties also agree and understand that should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid part, terms, or provisions shall be deemed not to be part of this Agreement. The Parties further agree that this Agreement was negotiated and executed in the State of California and shall be interpreted under the procedural and substantive laws of California as existing as of the Effective Date, without regard to principles of conflict of laws. 13. Consultation with Counsel. Each Party hereto represents and agrees that he or it has carefully read and fully understands all of the provisions of this Agreement, and that he, she, or it is voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. The Parties affirm that, prior to execution of this Agreement, each of them has consulted with counsel of his, her, or its choice concerning the terms and conditions set forth herein, and that they agree to the terns and conditions. 14. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, e-mail, or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute sufficient evidence of the Agreement having been executed. 15. Authority to Enter Agreement. The Parties warrant that they have the full authority to enter into this Agreement. Where applicable, all governmental, corporate, organizational or other action necessary to authorize such execution has been taken and completed. The signatory of each party to this Agreement has the full right and authority to commit and bind each.respective Party, and all members and/or individuals related thereto, to the fullest extent of the law. 16. Confidentiality. The Parties agree that to the maximum extent permissible by law: (a) the negotiations which gave rise to this Agreement shall not be disclosed, discussed or revealed by the Parties or their counsel to any other person or entity, except as provided by applicable law. The Parties agree and acknowledge that this Agreement is a public record subject to disclosure by the City under California's Public Records Act, and that the City's actions taken in accordance herewith are, subject to the City's discretion, subject to public disclosure. 17. Enforcement. The Parties agree that any and all disputes regarding this Agreement shall be brought in the Superior Court of the State of California, Orange County. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and/or costs. 5 25E-9 EXHIBIT 3 18. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid under the law, each such provision can be severed without invalidating the entire Agreement. 19. Headings. The titles, captions, and headings of the various provisions in the paragraphs herein are intended solely for convenience and shall not be deemed or construed to explain, modify, limit or place any construction upon any of such provisions or paragraphs. 20. Modification. No supplement, modification, amendment or change in any terms of this Agreement shall be binding on the Parties unless in writing and executed by the Parties. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE BY THE PARTIES OF ALL KNOWN AND UNKNOWN CLAIMS. [SIGNATURES ON THE FOLLOWING PAGE] 25E-10 EXHIBIT 3 IN WITNESS WHEREOF, the parties hereto have executed the SETTLEMENT AGREEMENT. Dated: Dated: Dated: APPROVED AS TO FORM: Dated: T Dated: NANCY FAINBARG CHASE & STEVEN FAINBARG By: Its: EAST END REALTY PARTNERS, LP By: Its: CITY OF SANTA ANA, a California charter city By: RAUL GODINEZ II City Manager COUNSEL FOR NANCY FAINBARG CHASE & STEVEN FAINBARG COUNSEL FOR EAST END REALTY PARTNERS, LP FOR THE CITY OF SANTA ANA I•. • E511MIR I . e 7 25E-11 EXHIBIT 3 EXHIBIT "A" LEGAL DESCRIPTION (NANCY FAINBARG CHASE & STEVEN FAINBARG TO CITY OF SANTA ANA EXCHANGE PARCEL: THOSE PORTIONS OF LOTS 5 AND 81N BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249.82 TO THE SOUTHEAST CORNER OF SAID BLOCK 16; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 16, N 00°00'51" EAST 150.44 FEETTO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOTS, SOUTH 89°57'02" WEST 50.00 FEET TO THE WESTERLY LINE OF THE EAST 50 FEET OF SAID LOT 5 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°57'02' WEST 13.00 FEET TO THE EAST LINE OF THE WESTERLY 20 FEET OF THE EASTERLY 83 FEET OF SAID LOT 8; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 00°00'51" EAST 28.00 FEETTO THE NORTH UNE OF THE SOUTHERLY 28.00 FEET OF SAID LOT 8; THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89°57'02" WEST 20.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 83 FEETOF SAID LOT 8; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 00°00'51" WEST 35.50 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF SAID LOT 5; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89°57'02" EAST 4.92 FEET; THENCE NORTH 00030'58" WEST 3.53 FEET; SHEET 1 OF 3 25E-12 1*1:11-31[&3 EXHIBIT "A" LEGAL. DESCRIPTION (LEGAL DESCRIPTION CONTINUED) THENCE NORTH 88036'02" EAST 28.11 FEET TO THE WEST LINE OF THE EAST 50 FEET OF SAID LOT 5; THENCE NORTHERLY ALONG SAID WEST LINE, NORTH 00°00'51" EAST 3.80 FEET TO THE NORTH LINE OF SAID LQT SAND THE TRUE POINT CIPBEGINNING. CONTAINING: 700.SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED. AND BY THIS IlEFERENCE:NIADE':PART HEREOF, SI ED DAT 25E-13 SHEET 2 OF 3 RHBIT 'B' SKETCH TO A COMPANY LEGAL DESCRIPTION (NANCY FAINBARG CHASE do STEVEN FAINBARG TO CITY OF SANTA ANA I r _ M 1 A=89'54'54" I R=15.00' L=23.54' 30' SCALE: 1"=50' N89'54'540E 309.89' (EAST 310.00'R1) C L FIFTH ST N89'54'54 "E 219.88' n I `0 10 9 `ti I - - - - - + N89'57'C 20.00 7 g F----nuuuuot t ------ nn N 35.50' 954.92'— -'r' 92E I . '- 1 d=90'05'57" � R=15.00' LL=23.59' 1 N00'00' / 28S1 "E I .00' I N6957'02"E --i r ' N89 5740— W �P'6 5 1 I I- o O IQ 00 M O. -- -----—��I\T--- — -- M N M N —tal O O 2 W W Z I 00 I to O O 3 14 o I z coo z z o z --------- -- — —— I-- 2 I I 179.82' I - 70.00' ,l I N89'59-4_rW-245J32-(250.0'RR1)-_ 0 0 _ CFOURTH ST N89'59'47"W 309.81' (WEST 310.00'Rl) BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED A FIELD SURVEY OF THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. LEGEND: EXCHANGE PARCEL —EXISTING PROPERTY LINES ------UNDERLYING LOT LINES, BLOCK 16, TOWN OF SANTA ANA R1 RECORD PER MRLA 2/51 R2 RECORD PER MRLA 9/91 'ENCO ENGINEERING, INC. 16842 VON KARMAN A' o2�zi�oi8 J BRALEY / ' GATE L.S. NO. 8446 REG. EXP: 12/31/18 SUITE 150, IRVINE, CA, 92606 (949) 753-811' 25E-14 J BRALEY LS 8446 30' 3lo EXHIBIT 3 EXHIBIT "C" LEGAL DESCRIPTION CITY OF-,SANTAANA TO EAST END REALTY PARTNERS EXCHANGEPARCEL! THOSE PORTIONS OF LOTS AND Z IN. BLOCK 16 OFTHETOWN -OF SANTA ANA, IN THE.CITV OF SANTA ANA, tOUNTYOF ORANGE, STAtt-OF CALIFORNIA, M.SHOW N ON A MAP RECORDED IN BOOK 2, PAGE Sf OF MISCELLANEOUS RECORDS, IN THE OFFICE.OF THE RECORDER OFLO COUIqw OF:LOS ANG LE5 E DESCRIBE FOW00 PAS COMMENCING AT THE SOUTHWEST CORNER OF A -A I THENCE NOWERLY ALONG THEWESTIME OF SAID BLOCK . 16, NORTH 00*00'00'? EAST 100.14 FEET TO THE SCILITHWESTERLYCORNEROrSAID L -of 6 AND THE TRUE POl`NT OF'BEOINNINPe THENCE CONTINUING NORTHERLY ALONG, SAID WESTERLY . LINE, NORTH 00-00'00 EAST 31,35 FEET; -THENCE NORTH 80.46'42" EAST 146i81FEET, THENCE, SOUTH 00901'04# EAST.18.93 I FEET; THENCENORTH 890.57'30" EAST 33.04 FEET TO THE WESTERLY LINE OF THE EASTERLY 70;00 FEETpFsA(p LOT THENCE SOUTHERLY ALONG SAID-WEStERLY LINE, SOUTH 00000'51" WEST 12.91 FEETTO THE SOUTH LINE OF SAID LOTS,, THENCEWESTERLYALONG THE SOUTH. LINE OF LOTS 5 & 6, 5OUTH-,a9'58'06 WEST 179.85 FEETT.O.THE WEST LINE OF SAID BLOCK IISAND THE TRUE POINT OF.BE:GINNING, CONTAINING: 5,065 SQUARE, FEET, MORE OR LESS. EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF, a SIGNEEr DATE No. 8446 SHEET 10F 2 25E-15 PXHIRIT I EXHIBIT 'D' SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA TO EAST END REALTY PARTNERS - - _ N89'54'54"E 309.89' (EAST 310.00'R1) - C L FIFTH ST 0 0 N89'54'54"E 219.88' r6=90'05'57" A=89'54'54" 30' �I 30' SCALE: I"=50' I R=15.00' L=23.54' \"J� 0 19 L=23.59' 1 c ------ i __---_-_---_I 7 18 M— — — — — — — — — — — — _------ _ — —�1� M N89'46'42"E 146.81'ui N \ N00'01' 04'W 18.93' N oO Ln M 6 5 7N89-57 30-E 33.04' I N (30'00'51 "E 12.91' o zI'- N89'58'06"E 179.85' I - - - - - - - - o TPOB I I z (( I a O\ 3 14 ------------+-----I-------- �J� I L `O kti- POC 30' ul 2 I 30' I 179.82' I - 70.00' - - -N89'59'470'W-24"2'-(250.00'Rt)- --- 0 0 a _ C/L FOURTH ST N89 -59-47-V 309.81' (WEST 310.00'R1) BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD SURVEY ON THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. LEGEND: EXCHANGE PARCEL —EXISTING PROPERTY LINES - - - -UNDERLYING LOT LINES, BLOCK 16, TOWN OF SANTA ANA J tRALEY OATE R1 RECORD PER MRLA 2/51 REG. EXP; 1%31/18 R2 RECORD PER MRLA 9/91 . 25E-16 J BRALEY LS 8446 EXHIBIT 3 EXHIBIT "E" LEGAL DESCRIPTION CITY OF SANTA ANA TO NANCY FAINBARG CHASE & STEVEN FAINBARG EXCHANGE PARCEL: THOSE PORTIONS OF LOTS 5 IN BLOCK 16 OF THE TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16, THENCE ALONG THE SOUTHERLY UNE OF SAID BLOCK 16, SOUTH 89°59'47" EAST 249,82 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 16; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 16, NORTH 00°00'51" EAST 144.19 FEET TO THE NORTH LINE OF THE SOUTHERLY 43.90 FEET OF SAID LOT 5 AND THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 89°58'06" WEST 50.00 FEET TO THE WESTERLY LINE OF THE EASTERLY 50 FEET OF SAID LOT 5; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00°00'51" EAST 2.44 FEET; THENCE NORTH 89636'02" EAST 50.00 FEET TO THE EASTERLY LINE OF SAID LOT 5; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH OO°00'51" WEST 2,76 FEETTO THE TRUE POINT OF BEGINNING. CONTAINING: 130 SQUARE FEET, MORE OR LESS, (LEGAL DESCRIPTION CONTINUED) 25E-17 SHEET 10F 3 EXHIBIT 3 EXHIBIT "E" LEGAL DESCRIPTION PARCEL B: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 16; THENCE NORTHERLY ALONG THE WEST LINE OF SAID BLOCK 16, NORTH 00'00'00" EAST 131.49 FEET; THENCE NORTH 89046'42" EAST 146.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89046'42" EAST 25.07 FEET; THENCE NORTH 00030'58" WEST 10.70 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 7.50 FEET OF SAID LOTS; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 89057'02" EAST 8.08 FEET TO THE WESTERLY LINE OF THE EASTERLY 70.00 FEET OF SAID LOT 5; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00800'51" WEST 29.72 FEET; THENCE SOUTH 89°57'30" WEST 33.04 FEET; THENCE NORTH 00001'04" WEST 18.93 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING: 713. SQUARE FEET,.MORE OR LESS. EXHIBIT "F" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SIG DATE S No. 6446 25E-18 SHEET 2 OF 3 SCALE: LllE' EXHIBR 'F SKETCH TO A COMPANY LEGAL DESCRIPTION CITY OF SANTA ANA TO NANCY FAINBARG CHASE & STEVEN FAINBARG I 0 r - -89 .54'54- I R=15.00' L=23.54' 30' 0x olU] M Mlm WI N is o�0 ZIU 1 "=50' 30' N89'54'54"E 309.89' (EAST 310.00'R1) 'C/E MYTH ST N89'54'54"E I i r� �? 10 9 n N01 I I 7 8 219 88' o _ M 6=90'05'57" R=15.00' LL=23.59' P� PCL A �- N002.44' "E F -1n 2.44' Z' `" 1 N89'46'4Y'E 146.81 ` N 7058'06'E w 0o \�C \\ P 5 N00'00'51 "E 29.72 ;^ o CD_ _ _ J - - _ — — _ — — — — N89'S7'30"E 33.04' N — - ' - ' . - N— Z PCL 8 PCL B jib, ^ I o 1 WQ� 3 4 Cp alz zG� I - - - - - I k 179.62' '. 70.00' - N89'59`47"W-249:82'-(250:00'R7)- - ---_-- -- PI PCL A & PCL B b _ C/L FOURTH ST N89'59'47"W 309.81' (WEST 310.00'RI) BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON A FIELD SURVEY OF THIS BLOCK, HOLDING THE BEARING OF THE CENTERLINE OF BUSH STREET BEING N00'00'00"E PER TOWN OF SANTA ANA RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. LEGEND: EXCHANGE PARCEL —EXISTING PROPERTY LINES - - - - UNDERLYING LOT LINES, BLOCK 16, TOWN OF SANTA ANA R1 RECORD PER MRLA 2/51 R2 RECORD PER MRLA 9/91 'ENCO ENGINEERING, INC. 16842 VON KARMAN Al o -Z_ /Q J RALEY DATE L.S. NO. 8446 REG. EXP: 12/31/18 25E-19 30' h 7 co I�N mai o O_j o �a M J I= z= v po N 9pM w a!n 0 0 ib a U 30' J BRALEY LS 8446 25E-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) all RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n 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 a Purchase Agreement for the real property acquisition and goodwill (if any) with the property owners listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: Property commonly Acquisition No. Property Owner known as / location Type Amount 1 Susan A. Hawken/ 2246-2248 S. Cypress Ave. Full $1,650,000 Lee Hawken Partnership (APN 403-141-09) DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element (GPCE) and the County of Orange Master Plan of Arterial Highways (MPAH). Improving the 1 -mile Warner Avenue segment from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening from a four -lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkway, raised median landscape, storm drain, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 1, bounded by Main Street and Oak Street, and construction is anticipated to begin in spring 2019. The properly acquisition is necessary to accommodate the street improvements for Phase 1 (Exhibit 1). The purchase offer was determined based on appraised values prepared by a California state -licensed appraiser, and accepted by the property owners. The compensation amount listed above is incorporated in the attached agreement (Exhibit 2). 25F-1 Purchase Agreement for Real Property Acquisition Warner Avenue Improvements Phase 1 April 17, 2018 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), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $1,650,000 are available in the Warner Avenue Improvements Project (No. 14-6802) for expenditure in FY 2017-2018: $1,237,500 in the Measure M2 Construction Street Fund (Account No. 03217663-66100), and $412,500 in the Transportation System Improvement Area E Fund (Account No. 03417660-66100), subject to nonsubstantive changes. Edwin "William" Galy .E. Acting Executive Director Public Works Agency FWEWG/JG/KN APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Purchase Agreement — APN 403-141-09 25F-2 4 (NTS) ORANGE AV v �. �■�1 :.. _<< CYPRESS AV !,ALLEY W 403.141.061 z 'RCO GAS 55111 IDH j Q LB)eND- -SUWECY PRDMT _ACQUIRED PROPERTIES •1016.103.23j — ,016.103.22. .J KILSON DR OAK ST 016.090.22 DELHI PARK 016.090.21 ROUSSELLE ST MATCHLNE SEE TOP LEFT SANTA ANA TfTLE- E PURCHASE AGFEEL13M FOR WARIER AVBVUE .1.�PWA AUPROVBA3M (PROJECT NO. MMM I ,-- - NONOB-4 MAL. R- M) - - 25F-3 W S�CYYIEW AY I z 403-141-09i .a !,ALLEY W 403.141.061 z 'RCO GAS 55111 IDH j Q LB)eND- -SUWECY PRDMT _ACQUIRED PROPERTIES •1016.103.23j — ,016.103.22. .J KILSON DR OAK ST 016.090.22 DELHI PARK 016.090.21 ROUSSELLE ST MATCHLNE SEE TOP LEFT SANTA ANA TfTLE- E PURCHASE AGFEEL13M FOR WARIER AVBVUE .1.�PWA AUPROVBA3M (PROJECT NO. MMM I ,-- - NONOB-4 MAL. R- M) - - 25F-3 25F-4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer), and, Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% interest (hereinafter "Seller'), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2246-2248 South Cypress Avenue, Santa Ana CA) (APN 403-141-09) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of One Million Six Hundred Fifty Thousand and no/100 Dollars ($1,650,000.00). insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 25F-5 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of One Million Six Hundred Fifty Thousand and no1100 Dollars ($1,650,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; 25F-6 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. _Heirs, Assigns. Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25F-7 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 517 South Broadway, Santa Ana, CA 92701. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) 25F-8 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25F-9 26. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25F-10 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Susan A. Hawken, a single woman, as to 50% interest; and Lee/Hawken Partnership, as to 50% Interest J��= • 4:4� Date: 2-7-7—/F.,2018 By'75usan A. Hawken BY—i C', 4 /" Date: 2 � '�7 /� , 2018 Its: 'A�- City/Buyer City of Santa Ana Raul Godinez II City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: J n . Fun- k W Assistant City Attorney FOR APPROVAL: Executive Director Public Works Agency Date: 2018 Date: 2018 Date: 3- C , 2018 Date: 25F-11 2018 EXHIBIT "A" LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 35, 36, 37, AND 38 IN BLOCK B IN TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 403-141-09 25F-12 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims With respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25F-13 25F-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AMEND AGREEMENT WITH OPENGOV, ❑ As Recommended As INC. FOR OPEN GOVERNMENT E]Or Amended ❑ Ordinance on 1s' Reading PLATFORM SERVICES ❑ Ordinance on 2n' Reading { El Implementing Resolution STRATEGIC PLAN NO. 4, 1} ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CI MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to amend the agreement for a one-year period with OpenGov, Inc. for the period April 5, 2018 through April 4, 2019 in the amount of $12,500, with an option for two one-year extensions for a total not to exceed amount of $62,500, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Following the passage of the 5 -year Strategic Plan, the City implemented various transparency measures, with the intent to provide more readily available financial data for constituents and other stakeholders. As a result, the City entered into a two-year agreement with OpenGov to fulfill this mandate. The OpenGov platform provides financial information of actual and budget information and can be sorted into a fund, department or expense categories. In an effort in continuing to evolve and enhance the data to be provided, Staff expanded the portal to include a Checkbook Report which list payments made to city vendors. To date, the City has spent (original contract) approximately $25,000. Approval of the amendment for an additional twelve months will result in an expenditure of $12,500, bringing the total amount spent to (after one-year period) to $37,500. Furthermore, the amendment will allow for continuous and uninterrupted service of financial information currently maintained on the portal with an option for two one-year extensions ($12,500 / each year). Exercising of the two one-year extensions will bring the total to be spent on the contract to $62,500. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). 25G-1 Amend Agreement with OpenGov, Inc. April 17, 2018 Page 2 FISCAL IMPACT Contract Amendment: Funds are budgeted and available in fiscal year 2017-18 in the following contract services account: Strategic Plan Fund 05210018-62300 - $9,500; Finance and Management Services — Management & Support 01110100-62300 - $3,000. Option Period (2 years): Funds will be budgeted and available in the following fiscal years: FY 2018-19 Finance and Management Services — Management & Support 01110100-62300 - $12,500 FY 2019-20 Finance and Management Services — Management & Support 01110100-62300 - $12,500 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit 1. First Amendment to the agreement with OpenGov, Inc. 25G-2 EXHIBIT 1 FIRST AMENDMENT WITH OPENGOV FOR SOFTWARE SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 17, 2018 by and between OpenGov ('Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), collectively the "Parties". RECITALS A. The Parties entered into Agreement #N-2016-056, dated April 5, 2016 ("Agreement"), by which Consultant agreed to provide software services. B. The Term of the Agreement is from April 5, 2016 through April 5, 2018. C. The Parties wish to amend the Agreement to extend the Term and allow for an increase in Compensation reflecting these extended services. City will honor and pay for services rendered by OpenGov from and after April 5, 2018, in furtherance of this Agreement. NOW THEREFORE, the Parties agree as follows: 1. Billing Frequency, is amended to include costs for services in an amount up to $37,500,.at an annual rate of $12;500. Total Compensation to be expended under this Agreement, as amended, shall not exceed $62,500. 2. Contract End Date, is amended to extend the date of the Agreement by one (1) year ending ApriM,%2019... 3. Section 7.1, is amended to include the following: "This Agreement may be extended for up to two (2)..one.(1) year renewals, exercisable by a writing executed by the City Manager and the City Attorney." 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year fust written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By LISA ORCK Assistant City Attorney RECOMMENDED FOR APPROVAL FRANCISCO GUTIERREZ Executive Director, Finance and Management Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT By: Title: 25G-3 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE AMENDMENT TO THE AGREEMENT WITH NORTH STAR DESTINATION STRATEGIES INC. FOR COMMUNITY BRANDING AND MARKETING SERVICES {STRATEGIC PLAN NO. 3, 1E} V RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1�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 an amendment to the agreement with North Star Destination Strategies Inc. to extend the term of the original agreement through October 18, 2018, for a citywide community branding strategy, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 19, 2016, the City entered into a two-year agreement with North Star Destination Strategies, Inc. for branding and professional marketing consultant services to develop a citywide community branding strategy. On August 15, 2017, the City Council received a status update from North Star and approved the formation of a Creative Committee, comprised of one representative from the Santa Ana Chamber Economic Development Committee, one representative from the City Arts and Culture Commission and one City Council member. Over the past six months, the Creative Committee has worked diligently with North Star to finalize a recommended city tagline, logo, color palette, and a look and feel for the brand. The Committee is currently finalizing its recommendation that will be presented by North Star to City Council in June -July, 2018. In order to complete the study, staff is recommending a time -only extension of six months, through October 18, 2018. There is no increase to the total cost of the project. 25H-1 Extension with North Star Destination Strategies April 17, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 - Economic Development, Objective #1 (Implement a comprehensive Economic Development Strategy), Strategy E (Partner with local Chambers of Commerce, citywide business associations and the community to develop a new branding and marketing strategy for the City). FISCAL IMPACT There is no fiscal impact associated with this action. Robert M. Zur Sc mi de Interim Executive DiEdctor Community Development Agency Exhibit: 1. Amendment to Agreement with North Star Destination Strategies, Inc. 25H-2 EXHIBIT 1 FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH NORTH STAR DESTINATION STRATEGIES. INC. FOR THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 17`x' day of April, 2018, by and between North Star -Destination. Strategies, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). MOW:\ -M A. The City and Consultant entered into Agreement No. A-2016-075, dated April 19, 2016, for Consultant to provide community branding services ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 3 — TERM to extend the time period of said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: /// Section 3, TERM, shall be amended to read as follows: "This Agreement shall commence on the date first written above and continue through October 18;2018, unless terminated earlier in accordance with Section 14 below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney." 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in fall force and effect. Page 1 oft 25H-3 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SOi Cit} M RECOMMENDED FOR APPROVAL: ROBERT ZUR SCHMIEDE Interim Executive Director Community Development Agency RAUL GODINEZ II City Manager CONSULTANT: DON MCEACHERN President & CEO Page 2 of 2 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: APPROVE A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE BRISTOL/ALTON BIKE TRAIL (STRATEGIC PLAN NO. 5,4B) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a license agreement with Southern California Edison Company to continue the use of Edison property for the Bristol/Alton Bike Trail for a term of May 1, 2018 to April 30, 2023 for a total compensation of $1,367.10, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On May 1, 2008 and March 4, 2013, the City Council approved five-year license agreements with Southern California Edison Company for the use of property at Bristol and Alton for parks and public recreational purposes. The property is used for the Alton Bike Trail connection between the Pacific Electric Bike Trail and the Santa Ana River Bike Trail. This is a critical connection for the City's Golden Loop Bike Trail System. The license agreement will continue the use of the property as originally agreed and will expire on April 30, 2023 for a total compensation of $1,367.10 for this five-year term. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). 251-1 License Agreement with Southern California Edison Company April 17, 2018 Page 2 FISCAL IMPACT Funds are available in the following account for the specified year: Accounting Unit Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FY 17/18 0111 APPROVED AS TO FUNDS AND ACCOUNT: ,-%77� Francisco Gutierrez Executive Director PIA Finance and Management Services Agency EXHIBIT: 1. Agreement — Southern California Edison 251-2 SCE Doc. 319004 Att. Contract No. 9.5074 CITY OF SANTA ANA DEPARTMENT OF PARKS AND RECREATION L I C E N S E A G R E E M E N T INDEX OF ARTICLES 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5. LICENSOR'S USE OF THE PROPERTY 6. LICENSEES IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERTY 8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES 9. ACCESS AND CLEARANCES 10. PARKING 11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT) 12. FLAMMABLES, WASTE AND NUISANCES 13. PESTICIDES AND HERBICIDES 14. HAZARDOUS WASTE 15. SIGNS 16. FENCING AND EXISTING FIXTURES 17. PARKWAYS AND LANDSCAPING 18. IRRIGATION EQUIPMENT 19. UNDERGROUND) TANKS 20. UNDERGROUND FACILITIES 21. UTILITIES 22. TAXES, ASSESSMENTS AND LIENS 23.EXPENSE 24. ASSIGNMENTS 25. COMPLIANCE WITH LAW 26. GOVERNING LAW 27. INDEMNIFICATION 28. TERMINATION 29. EVENTS OF DEFAULT 30. REMEDIES 31. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION. 32. LIMITATION OF LIABILITY 33. NON -POSSESSORY INTEREST 34. WAIVER 35. AUTHORITY 36. ELECTRIC AND MAGNETIC FIELDS Revs 2016-05-11 GS -KB -1- 251-3 Initial ( P Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 37. INDUCED VOLTAGES 38. NOTICES 39. RECORDING 40. COMPLETE AGREEMENT 41. SIGNATURE AUTHORITY 42. SURVIVAL APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(S) PARKING PARK USE TREES TRESS/ LANDSCAPING Rev8 2016-05-11 GS -KB -2- 251-4 Initial (,)/I ) Licensor/Licensee SCE Doc. 319004 Att. LICENSE AGREEMENT Contract No. 9.5074 THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF SANTA ANA DEPARTMENT OF PARKS AND RECREATION, called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being all of Assessor's 'Parcel:Number 410-223-07, situated in the City of Santa Ana, County of Orange, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record. Acknowledgment of License and Disclaimer of Tenancy Licensee acknowledges and agrees that the License constitutes a limited, revocable, non -possessory, personal and non -assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and agrees that: • The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. e Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. • The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property. • Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement. • In consideration of Licensor's grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. s Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement. Rev8 2016-05-11 GS -KB -3- 251-5 Initial ()/i ) Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 1. Use: Licensee will use the Property for park and public recreation purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use of the property for anv other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of May, 2018 and ending on the last day of April, 2023: Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of One Thousand Three Hundred Sixty Seven and 10/100 Dollars ($1,367.10) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due. Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts. All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department — Accounts Receivable. insurance: 4. Insurance: During the term of this Agreement, Licensee shall maintain the following (a) Workers' Compensation with statutory limits, under the laws of the State of California and Employer's Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross -liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. Rev8 2016-05-11 CS -IB lie 251-6 Initial ( )/() Licensor/Licensee SCE Doc. 319004 Art. Contract No. 9.5074 (c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non -owned and hired vehicles on the Property. (d) Self - Insurance: Licensee may self -insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Park and public recreation use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements. The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 "Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days' prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor. 5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor's activities under this Article. 6. Licensee's Improvements: Licensee must submit, for Licensors prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, - identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor's existing or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever. To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor's use of the Property. Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care. Rev8 2016-05-11 G5 -KB -5- 251-7 Initial ( /f ) Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Articles 28, and/or 30. 7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein. Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee's personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee's personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement. Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party's personal property. 8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below: All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensors equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on curves by Revs 2016-O5-11 GS -KB 0 251-8 Initial O/O Licensor/Licensee Vehicle/ Equipment Vertical Clearance 500 kV 36 feet 220 kV — 66kV 30 feet <66kV Distribution facilities 25 feet Telecom 18 feet All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other planting. 9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensors equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on curves by Revs 2016-O5-11 GS -KB 0 251-8 Initial O/O Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances: a. A 50 -foot -radius around suspension tower legs, H -Frames and poles and 100 -foot radius around dead-end tower legs, H -Frames and poles. b. A 25 -foot -radius around all other poles. NOTE: Additional clearance may be required by Licensor for structures. 10. Parkine: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor. 11. Weeds, Brush. Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor. 12. Flammables. Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law. 14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local lacus, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee. 15. S3 e : Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor. Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable. RevS 2016-05-I1 GS -KB -7- 251-9 Initial ()/( ) Licensor/Licensee SCE Doe. 319004 Att. Contract No. 9.5074 16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor. 17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. 18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 19. Underground and Above -Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval. 20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilites at its own expense so as not to interfere with Licensor's proposed facilities. 21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 22. Taxes. Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a 'late fee" on all amounts outstanding up to the maximum rate allowed by law. 23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things. RevS 2016-05-11 CS -KB in 251-10 Initial ( IA I Licensor/Licensee SCE Doc. 319004 Art. Contract No. 9.5074 24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision. 26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee. 28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement 29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24. Rev8 2016-05-I1 GS -HB 0 251-11 Initial ( )/O Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee's activities under this Agreement. (e) Any attempt to exclude Licensor from the licensed premises. (f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f' of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. (h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property. (i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a -h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement. 30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee. 31. Licensee's Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor. If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief Rev82016-05-11 GS -KB -10- 251-12 Initial ( M Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee's personal property. Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property. Licensee agrees to pay such expenses to Licensor upon demand. 32. Limitation of Liability: IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3. WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR. LICENSEE BUILDINGISI, STRUCTUREISI OR FDITUREISI AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT. LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. 33. Non -Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property. 34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement. 35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so. Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, Revs 2016-05-11 GS -KB -11- 251-13 Initial (-)/( Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities. 36. Electric and Magnetic Fields 1"EMF"I: There are numerous sources of power frequency electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns. While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property. 37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense. Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures. Rev8 2016-05-11 GS -KB -12- 251-14 Initial ( )/() Licensor/Licensee SCE Doc. 319004 Art. Contract No. 9.5074 38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Edison Company Real Properties Department Land Management - Southern Region 2 Innovation Way Pomona, CA 91768 To Licensee: City of Santa Ana Department of Parks and Recreation P.O. Box 1988 M-23 Santa Ana, CA 91702 Business Telephone No. (714) 571-4200 Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change. 39. Recording: Licensee will not record this Agreement. 40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. 41. _Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein. 42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. Rev8 2016-05- 11 GS -KB (This space is left intentionally blank) -13- 251-15 Initial ( /(_) Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. ATTEST TO: Maria D. Huizar, Clerk of the Council Date RevS 2016-05-11 GS -KB LICENSOR: SOUTHERN CALIFORNIA EDISON COMPANY SHANNON VERGARA Land Services Agent Land Management — Southern Region Real Properties Department Date LICENSEE: CITY OF SANTA ANA Raul Godinez 11, City Manager Date APPROVED AS TO FORM BY -V aWLU ik • �tYd3 l rLl, Sonia R. Carvalho, City Attorney U1ID118 Date RECOMMENDED FOR APPROVAL: Gerardo Mouet, Excutive Director Parks, Recreation, and Community Sevices Agency Date -14- 251-16 Initial ( 1/() Licensor/Licensee SCE Doc. 319004 Att. APPENDIX Guidelines for Standard Licensee Improvements Contract No. 9.5074 The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as "Licensor" for consideration and approval prior to the start of anu construction on "Licensor" propertu. Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent "Licensor" towers, poles, guy wires or other "Licensor' facilities. The plan must show the locations of all "Licensor" towers and poles, 16 -foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a "north arrow" and the Licensee's name. SHADE STRUCTURES (Definition: A non-flammable frame covered on the top u ith a materia( designed to provide shade to aid in growingptants) 1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in width c. 15 feet in height 2. Shade structures will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16 -foot wide access roads b. 50 -foot radius around suspension tower legs, H -Frames and poles c. 100 -foot radius around dead-end tower legs, H -Frames and poles d. 25 -foot radius around anchors/guy wires, poles and wood poles 3. Shade structures must utilize the following design: a. Temporary/ slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non -hydrocarbon materials. 2014.12.01 VlI-GS-KB -1- 251-17 Initial ((/(I Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 SHADEHOUSES/HOTHOUSES (Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants) 1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of: a. 100 feet in length b. 50 feet in wiiith c. 15 feet in height 2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16 -foot wide access roads b. 50 -foot radius around suspension tower legs, H -Frames and poles c. 100 -foot radius around dead-end tower legs, H -Frames and poles d. 25 -foot radius around anchors/guy wires, poles and wood poles 3. Shadehouses/hothouses must utilize the following design: a. Temporary/ slip joint construction only b. Non-flammable frame only c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non -hydrocarbon materials GREENHOUSES (Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis. IRRIGATION SYSTEMS / WELLS 1. Maximum diameter of pipe: 3 inches 2. All pipe must be plastic Schedule 40 or better 3. No irrigation system will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16 -foot wide access roads b. 50 -foot radius around suspension tower legs, H -Frames and poles 2014:12.01 Y11-GS-hB -2- 2014.12.01Y I 1-GS-RB 2- 251-18 Initial f )/O Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 c. 100 -foot radius around dead-end tower legs, H -Frames and poles 4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way 5. Suitable identification markers will be required on main controllers and valves 6. Locations of main shut off valve will be provided and shown on a plot plan 7. Underground facilities must have a minimum cover of three feet 8. Earth disturbed must be compacted to ninety percent (90%) LANDSCAPING 1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the 'drip line" of the conductors 2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet 3. Placement of large rocks (boulders) must be approved in writing by Licensor 4. Any mounds or change of grade must be approved in writing by Licensor 5. No cactus or thorny shrubs will be permitted 6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor TRAILERS (Definition: Removable / portable office modules are not permitted tuithout Licensor's prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria: a. Must have axles and wheel and be able to be moved b. Maximum length: 40 feet c. Maximum height: 15 feet d. Maximum width: 12 feet 2. No trailers will be permitted within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16 -foot wide access roads b. 50 -foot radius around suspension tower legs, H -Frames and poles c. 100 -foot radius around dead-end tower legs, H -Frames and poles d. 25 -foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor "drip lines" 2014.12.01 VI1-GS-SB -3- 251-19 Initial ()/(_) Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 3. Sewer or gas lines to trailers must be approved in writing by Licensor 4. Location of all electrical and telephone lines must be approved in writing by Licensor 5. Electrical lines must be installed by a licensed -general contractor. 6. Trailers shall not be used for residential purposes 7. Toxic or flammable materials will not be permitted in trailers 8. Adequately grounded by a licensed -general contractor PARKING AREAS Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the "drip lines" without Licensor's prior written approval. Parking spaces to be identified under the approved site plan. "No Parking" striping may be required in areas where additional clearance is required. MATERIAL STORAGE 1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities. 2. Licensee must provide Licensor with a list of material stored on the right of way 3. No toxic or flammable materials will be permitted 4. No materials shall be stored within the following areas reserved for Licensor's access: a. Within 2 feet from edge of 16 -foot wide access roads b. 50 - foot radius around suspension tower legs, H -Frames and poles c. 100 - foot radius around dead-end tower legs, H -Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles 5. Storage of materials not to exceed a maximum height of 15 feet 6. No storage of gasoline, diesel or any other type of fuel will be permitted 7. Any fencing around the storage areas must have Licensor's prior written approval. 2014.12.01 Vit -GS -KB -4- 251-20 Initial ( M Licensor/ Licensee SCE Doc. 319004 Att. ADDENDUM PARKING Contract No. 9.5074 A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee mill maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee's sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the "drip line" of Licensor's overhead electrical conductors. F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor. G. Bollards, K -rails, or "No Parking" striping may be required to protect Licensor's structures or in areas where additional clearance is required. H. The Licensee's parking area shall not interfere with the Licensor's minimum access road requirements. 2014.12.01 V11 -GS- B -5- 251-21 Initial ()/() Licensor/Licensee SCE Doc. 319004 Att. Contract No. 9.5074 ADDENDUM PARK USE A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor. B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor. C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements. D. At Licensee's expense, Licensee will post signs at all access points to the Property that read: "No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV's or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead." E. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted.' F. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "Dogs are required to be on leash at all times." G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor's facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property. H. At Licensee's expense, Licensee will install removable post -type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and "all -terrain" vehicles. 1. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and indirect costs associated with the engineering, purchase, and installation of the discouragers. All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground. J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. 2014.12.01 Vu -GS -KB 251-22 Initial Licensor/Licensee SCE Doc. 319004 Att. ADDENDUM TREES Contract No. 9.5074 1. Licensee agrees and accepts full responsibility for the maintenance and/or removal of existing trees/shrubs located on the licensed property. All costs associated with the maintenance and/or removal of trees/shrubs will be the sole burden of Licensee. 2. Periodically, the licensed area will be inspected by Licensor, and upon determination that any tree/shrub requires trimming or removal; Licensee will be notified and provided with a cost estimate for the required work to be done by Licensor's contractor. 3. Licensee has the option of using Licensor's contractor or choosing their own; however failure of Licensee to contact Licensor within 30 days of notice indicating their choice, will result in licensor's contractor performing the work and billing Licensee for the costs. Should Licensee decide to perform the work, all work must be completed within 60 days of written notice. Failure to do so will result in Licensor's contractor performing the work and billing Licensee. 4. Trees/shrubs will be maintained at maximum 15' height limit. Failure to do so will require removal at Licensee's expense. 5. Upon expiration or cancellation of License Agreement, or sale of your adjacent property to a new owner, Licensee agrees to remove all trees/shrubs at the sole expense of Licensee. 6. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees/shrubs within licensed area. 2014.12.01 VII -GS -KB -7- 2014.12.01Y I I -GS-KB 7- 251-23 Initial (_M Licensor/Licensee SCE Doc. 319004 Att. ADDENDUM TREES/LANDSCAPING Contract No. 9.5074 A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever. B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee. D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor's contractor performing the work, Licensee will be billed by Licensor for the contractor's expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License. E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height. F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee's expense. G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor's land and no cactus or thorny shrubs/plants will be permitted. H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor. I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee. 2014.12.01 VlI-GS-KB 251-24 Initial ( )/O Licensor/Licensee ELALROAD gill WEST ALTON AVENUE LEGEND DPROPERTY OF SOUTHM CAUMRN14 EDASON COURANT BEING UCUSW TO Off OF SWA AM DLPARTNENT OF PARRS AND RECREARON FOR PARK AND REiRFA17ON PURPOSES ONLY ❑� TSP APPRWA97E 7UBUUIR STEEL POLE LOOCRON • PP APPROXBW47E WOOD POLE LOCAUON ------ ACCESS ROAD AND SIDEWALK NOTE THE FOLLO'RWD CLEARANCES MUST BE LLWAiNED AT ALL TIMES• FACILITY NAME: ELLIS-JOHANNA T/L RAY 0) A 50-FOOr RIDIUS AROUND LICENSEE: CITY OF SANTA ANA DEPARTMENT OF PARKS AND REI SOSPEM m TOWER LESS, CITY: SANTA ANA COUNIY: ORANGE H-ARWES & 100-FOOr RADIUS AROLMD DFAO-ENO TOWER LEO& APN.(S): 410-223-07 D) A 25 -FOOT R401US AROUAD ALL SCE SANDERS MAP: 5151295, 5151296 1 SCE LAND BOOK: N/A REF Ono? POLES. RP.ND AGENT: S VFRGMA LANDSASE MAPPING: WESTIAND GROUP, OflOER NO.: 801167420 INOT. NO.: 202715217 MiE: OJ/01, 3/14/1018 4AI PN. P.\1TAVJDIE\]Dlp-OIJ UOIN WA MAWG W l a L FJN0112 -SCE - WM 251-25 ❑• TsP 4Iw APIA: 410-223-I1 LICENSED AREA (GROSS) SDFL: 9,069 AC: 0.21 I CONRLACT NO.: 9.5074 ACCOUNT NO.: N/A STATE: CA i.G.: 859/D2 M.S.: 042-092 SCE DOCUMENT NO.: 319004/001 20179&566-95074 CHECKED BY: N. MICHEL saumEwI CAOOWiP 07SOLV• .mm®nvnvnAnOKu•mmm RLE NAME 9.5074.OWG W74 COY K WA JNA DUMIT FNI 6 PA AVO OLCREgVAVAPWIC\9507kW 251-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED DONATION AGREEMENTS WITH ❑ VARIOUS ORGANIZATIONS TO p SUPPORT COMMUNITY EVENTS AND El PROGRAMS (STRATEGIC PLAN NO. 5,4) r_r�A CITJAAANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 151 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 agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. UC Berkley Chicano Latino Alumni Association in support of on-going educational outreach for youth in Santa Ana, in a one time donation amount of $500 (Councilmember Sarmiento); b. Charitable Ventures of Orange County in support of the Cesar Chavez Celebration & Resource Fair at Campesino Park in collaboration with the Santa Anita Neigborhood Association, in a one-time donation amount of $250 (Councilmember Solorio); c. Charitable Ventures of Orange County in support of the Bella Vista Neighborhood Association's Movie Night event, in a one time donation amount of $330 (Councilmember Benavides); d. American Cancer Society in support of the Relay for Life event, in a one-time donation amount of $500 (Councilmember Tinajero); 2. Approve a donation from the Santa Anita Neighborhood Association to support the Cesar Chavez Celebration and Resource Fair on March 31, 2018, in the amount of $276 in City services credit (Councilmember Solorio); 29A-1 Donation Agreements with Organizations to Support Community Events and Programs April 17, 2018 Page 2 DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1-5) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibit 6-9) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Sarmiento $ 500.00 Councilmember Solorio $ 526.00 Councilmember Benavides $ 330.00 Councilmember Tinajero $ 500.00 29A-2 Donation Agreements with Organizations to Support Community Events and Programs April 17, 2018 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: ��Sl`�e ►`mac . � . _. Francisco Gutierrez L , Executive Director Finance and Management Services Agency EXHIBITS: 1-5. Donation Request Forms 6-9. Donation Agreements 29A-3 29A-4 a City of Santa Ana Donation Request State, zip: .org City Office- M-31 Center Plaza W. Box 1988 na, CA 92702 F74) 647-5200 Name: UC Berkeley Chicano LatinoAlumniAssociation on behalf of Affordable Cleari "g -House --> 11 Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as I1Sele—ct ones: defined under Section 501(c)(3) of the Intemal Revenue Code? I - I Yes— —� No 1f No, you will only qualify for a credit for City -related costs for your request (i.e. permittees, If Yes, tafftime,rentalratesforfadlitiesorequipment,etaQ.CostsforCityservicesvaryaodif L 47=1688249 +f approved, credit may ormay not cover full cost of requested Cit services. I ax Ip�R: (City Services CreditSarmiento Date Needed: a Myor/Couneilmember. mount Requested: � ( 1 11 DRierqeuctePayment Amount 'F-_55100) SL_5_0_0��JIIhEv—ent a_e2.-_/.2._�1/-2-01-- !�jE�vent T_._._j_�J bmme, n II Event Location: - Address, City, State, Zip _ I C IcanFi —o Latino Alumni Association Chapter launchOrange County)- Description of organize chapter to host yielding events for Event IPurpose: pity college students and to engage alumni, Benefit: Mail: City Manager's Office -M-31 20 Civic Center Plaza P.O. Box 1988 Email: donation7equest@santaana.org Fax: (714) 647.6954 school a' d commu EXHIBIT 29A-5 I !evised011052017 Donation Request #: f •. pp, -. �d nPli IDR • Meeting Date: I APRIL 17, 2018 Eligibility Met: I YES I NO YES EApprovedAmount: I $500 City Manager Signature: Date: ` EXHIBIT 29A-5 I !evised011052017 29A-6 y": 8Ap o { a e�Cityof i y y Donation Request— City C �! tl Atl'P'p Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 ilName: I Felipe Guerrero c/o Charitable Ventures of CC l[fitle• ;I President - — ddreas:. Mail to: CVOC 1505 E. 17th Street, Suite 101 city, State, zip: Santa Ana, CA 9_2705 i pn_o 714-566-5_513________ - -- -- I =_ _-- - . - —- - Emau: go5fnano@aol.com / skutner@santa-ana.org Fax: Mail: City Manager's Office -M31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 I P.O. Box 1988 Santa Ana, CA 92702 ... Name: 11Santa Anita Neighborhood Association c/o Charitable Ventures of CC w Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? { Select One: � Solodo mount Re uested: q Yes ❑ No j If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, f, YesID staff time, rental rales for facilities or equipment, etc.). Costs for City services vary and if ¢2551 O Event Date: I�IC 4/H/1H 1Oanl-ZpiTl i approved, credit may or may not cover full cost of requested City services. ax #: ]20-8756660 Mail: City Manager's Office -M31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 I P.O. Box 1988 Santa Ana, CA 92702 City Services Credit DR - Date Needed: �' asap MayorlCouncilmember: Solodo mount Re uested: q Approved Amount: 250 City Manager Signature: Direct Payment Ameunt ¢2551 O Event Date: I�IC 4/H/1H 1Oanl-ZpiTl Requested: �° I�ventTime: Event Location: Fampesino Park 3311 W. 5th Street, Santa Ana, CA Address, City, State, Zip The Santa Anita Neighborhood Association in collaboration with the City of Santa Ana hosted Description of Event) Purpose: the Ces ar Chavez Celebration and Resource Fair event on 3/31/18 for the community. A total of 3 art-scapes were painted on the exterior walls of the facilities to beautify the park. munity participated in the painting beautification project and were proud of the new artwork. In Community Benefit: reserve the artwork, a anti -graffiti sealant is needed and will be provided by the local artist that . rcreated e artwork. The funds will go to cover the cost of the anti -graffiti paint. Applicant Signature:fQQjf7g .p ylq, Datee: M /18 Mail: City Manager's Office -M31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 I P.O. Box 1988 Santa Ana, CA 92702 Revised 01/05/2017 Donation Request #: Reference ff on alf related DPVs DR - I Council Meeting Dale: April 17, 2018 Eligibility Met: YES I NO YES Approved Amount: 250 City Manager Signature: Date: Revised 01/05/2017 29A-8 EXHIBIT 3 29A-9 ysW,y{ -:. City Manager's OfOce-M-3f .1`k,�,7:...". City of Santa Ana 20 Civic Center plaza �'_'",=]P. Donation Request P.O. ecx 1988 <•�,¢P Santa Ana, CA 92702 (714) 647-5200 arae; ILeon,9. Jacobs G p Sym V�ir'1�1 hp lie: President Address: rz �5i �• C f Sl It lD' City, State, Zip: F -,s0 y*j Af cA Ri-i65 phone: (714) 745-6232 Emag: Ieanjacobs20@gmail.com • . Nemo: Bella Vista Neighborhood Association c!o Charitable Ventures O Count Tax-Exempt Status: Is your organization a non-pmfit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? Select One• _ Yea ❑ No If No, you will only qualify for a credit for City-related costs for your request fie, pemJt fens, tafrtima, rental rates fortacNlies or equipment,etc.). Costs for City services vary and If approved, Credit may or may not cover full coal of requested City services, Yes, VO-8756660 r11lD 4. •.M1. ff. -. Ity Services Credit (Amount Requested: IS —Dale Needed: IaSa p MayorlCounctimember: Benevides _. . DI qct Payment Amount $ 330.00 Event Date: t 2-8-t 7 Event Time: e uested: 5Pnl- Bpm Location: Jerome Park 726 South Center Street Santa Ana CA 92704 F s, Cky, Slafe, Zlp . Reimbursement for OCFA specielevent permit fee for.100+chidron and families to enjoy neighborhood Description of movie night featuring Moana. Event was planned with youth in government program and volunteer parent Event/ Purpose: leaders at Monte ElementaryVista School, adjacent to the neighborhood park. All community members were Invited to attend. Events like these are much needed, especially In F,,mu,,,YBenegt : thsi area where existing Townsend civil gang injunction Is in place. Successful movie night drew a large turnout on a Friday night. NA plans on holding additional movie nights duringg the Appilcant Signature: fsummer. NIM-1. Mail: City Manager's Office-M-31 Email: donaUonrequest@santaana,org 20 Civic Center Plaza Fax: (714) 847.8954 P.O. Box 1088 Santa Ana, CA 92702 fr Donation Request 0: j OR April 17, 2018 Reroroncn 0 nn A re/Md OPVs l I Council Meeting Date ; ; Ellgihillty Met: YES INO YES 1 Approved Amount: 1 $330 City Manager Signature; Date: Revised 01/0512017 EXHIBIT 3 29A-9 29A-10 City of Santa Ana a,rt Donation Request City Manager's Orrice - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5100 e • r Sr 3 �.- - •i Name: Danny Garza •Title: 1 Address: 11522 W Washington Ave loved ones that have lost their fight. City, state, Zip: I Santa Ana, CA 92706 Phone: 714-206-9084 Email: I adxgarza@yahoo.com 'Fax: Applicant Signature; Dasa y r�.Zr7. +Date; 2�s/Za �Name: American Cancer Society (ACS) Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Revenue iSelect One: Yes No ❑ FJ•defined under Section 501(c)(3) of the Internal Code? l If No, you will only quality for a credit for City-relafed costs for yourrequest (i.e. permit (ees, staff time, rental rates for rectlities or equipment.etc.).Costs for City services vary and l/ ' If Yes, 13-1788491 approved, credit may or may not cover full cost of requested City services. 1Tax ID 0: City Services Credit � Amount Requested: Date Needed: 106-01-2018 MayorlCounclimember, Tina)ero ? Direct Payment Amt tr:enAmount I$ 500 Event Date: ! O6 -Z3 -Z018 Event Time: 2:00 pmI Requested: I r I Event Location: 11940 East Deere Avenue, Santa Ana, CA 92705 !Address, city, State, Zip Relay For Life is a 24 hour event for all ages that focuses on solidarity and fundraising for the fight against cancer, Description of i We celebrate and pay tribute to people that have conquered cancer, support those that are still fighting, and remember our Event I Purpose: loved ones that have lost their fight. Bringing the community together to raise money for The American Cancer Society (ACS) wig help with research, transportation, Community Benefit: dodging; and many other programs that are offered to cancer patients free of charge. This also benefits the community by bring 1 awareness that they are not alone while dealing with cancer and allows us to share the resources provided by ACS. Applicant Signature; Dasa y r�.Zr7. +Date; 2�s/Za e Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza I Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 DI-nni ell Roquust N, F ligih,lily INnY City Manager eignetme: Y1=51 nip YES i'nunnl Modal!! Pat". April 17, 2016 ' Appi•.rverl ilmnuiil $500.00 -11 Uuu:: Revised CIICM017 29A-12 City of Santa Ana i Donation Request 4t' — 9 City Manager's Office– M41 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: Santa Anita Neighborhood Association g - Tax: -Exempt Status: Is your organization a non-profit or public tax-exempt organization as !I elect One: defined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request C.e. permit fees, staff time, rental rates forfacifities or equipment, etc.).Costs for City services vary and if rgymels Ipproved, credit may or may not cover full cost of requested City services.D #: Name: Felipe Guerrero itie: J"IPresident furrount Requested:��i dress: 1120 Civic Center Plaza I ity, State, zip: Santa Ana j Phone: 714-647-5200 iEmalh godfnano@aol.com Pax• j Name: Santa Anita Neighborhood Association g - Tax: -Exempt Status: Is your organization a non-profit or public tax-exempt organization as !I elect One: defined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request C.e. permit fees, staff time, rental rates forfacifities or equipment, etc.).Costs for City services vary and if rgymels Ipproved, credit may or may not cover full cost of requested City services.D #: Mail: City Manager's Office–M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 QlF'IiYi�°, i-7 �City Services Credit $276.00 - Date Needed: 4/15/18 a ora or/Councllmembec Solorio y � furrount Requested:��i johect Payment Amount —� 3/31/18 10am-2nm S Event Date: vent Time: Requested: r EventLocation:Campesino Park 3311 W. 5th Streeet, Santa Ana, CA 92703 Address, City, State, Zip Date: Chavez Beautification & Resource Fair, free event for the community with beautification Description of rPmejmbers.ar ects for volunteers. Several local government resources will be available for community Event I Purpose: Community pride, resource booths with educational and employment resources, Community Benefit: and beautification projects within the park. Applicant Signature: y¢Gp¢CoJ[IPXXPXO- Date: 3I6I1 Mail: City Manager's Office–M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 QlF'IiYi�°, i-7 Donation Request ` DR - Refer""#on all related DPVs Council Meeting Date: 4/17/1$ Eligibility Met: I YES / NO Yes Approved Amount: I $276.00 City Manager Signature: Date: Revised 01/05/2017 29A-14 CITY OF SANTA ANA DONATION AGREEMENT WITH UC BERKELY CHICANO LATINO ALUMNI ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and UC BERKELY CHICANO LATINO ALUMNI ASSOCIATION, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient TO HOLD EVENTS FOR THE COMMUNITY IN ACHIEVING ACADEMIC EQUITY FOR HIGHER EDUCATION ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Pumose. The City, by recommendation of COUNCILMEMBER SARMIENTO; believes there is a public purpose in supporting the Community Benefit because it PROVIDES EVENTS FOR PROSPECTIVE HIGH SCHOOL AND COMMUNITY COLLEGE STUDENTS AND TO ENGAGE ALUMNI FOR HIGHER EDUCATION. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and .__.._....__ __ __receiving the funds, Recipient agrees to use the funds. only for the..purpose_described and -subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Tenn; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of EXHIBIT 6 29A-15 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or ternunation of this Agreement. _. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 6 29A-16 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By J m M. Funk Assistant City Attorney UC BERKELEY CHICANO LATINO ALUMNI ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature lerr"wn EXHIBIT 6 29A-17 29A-18 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY (FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION), a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in CO -HOSTING THE CESAR. CHAVEZ CELEBRATION & RESOURCE FAIR EVENT ON MARCH 31, 2018 AT CAMPESINO PARK ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public PMose. The City, by recommendation of COUNCILMEMBER SOLORIO, believes there is a public purpose in supporting the Community Benefit because it PROVIDED AN OPPORTUNITY FOR THE COMMUNITY TO BEAUTIFY THE CAMPESINO PARK AND DISPLAY CULTURAL PRIDE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERms AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of TWO HUNDRED FIFTY DOLLARS .($250), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 7 29A-19 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action; costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. MAlelM 29A-20 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Jffin M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION 0 Signature Ted Kim Name Chief Operating Officer Title EXHIBIT 7 29A-21 29A-22 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY (FISCAL SPONSOR FOR BELLA VISTA NEIGHBORHOOD ASSOCIATION), a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient FOR THE FEES TO HOST THE MOVIE NIGHT AT JEROME PARK IN DECEMBER 2017 FOR THE BELLA VISTA NEIGHBORHOOD ASSOCIATION AND NEIGHBORING RESIDENTS ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it PROVIDES RESIDENTS WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE EVENT, FREE TO THE COMMUNITY, AND PROMOTES COMMUNITY PRIDE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of THREE HUNDRED THIRTY DOLLARS ($330), -because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 8 29A-23 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received -by the City, its. officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. WHI11]YI - 29A-24 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: T W M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY (FISCAL SPONSOR FOR BELLA VISTA NEIGHBORHOOD ASSOCIATION), a 501(c)(3) NON- PROFIT ORGANIZATION By: Signature Ted Kim Name Chief Operating Officer Title EXHIBIT 8 29A-25 29A-26 CITY OF SANTA ANA DONATION AGREEMENT WITH AMERICAN CANCER SOCIETY PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between the City of Santa Ana, a municipal corporation ("City) and AMERICAN CANCER SOCIETY, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING THE ANNUAL RELAY FOR LIFE EVENT ON JUNE 23, 2018, THAT PAYS TRIBUTE TO PEOPLE THAT HAVE OVERCOME CANCER ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER TINAJERO, believes there is a public purpose in supporting the Community Benefit because it PROVIDES ANY RESIDENT WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE EVENT PROMOTING HEALTH EDUCATION, AND GIVES HOPE TO INDIVIDUALS SUFFERING FROM CANCER. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and -- - — --- receiving the funds, Recipient- agrees to use the funds only for the purpose described and subject- to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of EXHIBIT 9 29A-27 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this -Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 9 29A-28 CITY OF SANTA ANA Um Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: hn M. Funk Assistant City Attorney AMERICAN CANCER SOCIETY, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name Title Exhibit 3 29A-29 29A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ADOPT A RESOLUTION RECOGNIZING ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING IN FISCAL YEAR 2018-19 CAPITAL IMPROVEMENT PROGRAM (STRATEGIC PLAN NO. 6, 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution (Exhibit 1) which affirms eligible SB -1 Projects and which is required to submit such projects list to the California Transportation Commission (CTC) for budgeting Fiscal Year 2018-19 Capital Improvement Program (CIP) and for City eligibility to receive Road Maintenance and Rehabilitation Account (RMRA) Funding. DISCUSSION Senate Bill 1 (SB -1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway system and the local streets and roads system. The guidelines for this new Road Maintenance and Rehabilitation Account (RMRA) funding, which was adopted by the California Transportation Commission (CTC) in August 2017, specify that before eligible local agencies can receive their apportionment of the RMRA funds in a given fiscal year, they are required to adopt a list of proposed projects (Exhibit 1). It is estimated that the City will receive approximately $5,668,325 in FY 2018-19 from RMRA funding. To be eligible to receive this funding, the City must submit a proposed project list to the CTC by May 1, 2018, along with a resolution with specific RMRA funding allocations to be incorporated into the FY 2018-19 CIP Budget. In order to meet SB -1 eligibility and reporting requirements, RMRA funding must be specifically differentiated from the Highway Users Tax Account (HUTA) funding. Each RMRA funded project is required to include the following information: project description, specific location, proposed schedule for its completion, and the estimated useful life. Consequently, staff prepared FY 2018-19 CIP Project Sheets (Exhibit 2) accordingly. 55A-1 Resolution — FY 2018-19 S13-1 RMRA Project List April 17, 2018 Page 2 As part of various accountability and transparency measures pursuant to SB -1, the City will annually submit a proposed RMRA project list to the CTC and subsequently provide year end updates on the progress of previously proposed projects. Given the need for these street improvements and the project eligibility requirements defined by the CTC, staff recommends that the City Council adopt a resolution recognizing the proposed project list utilizing RMRA 2018-19 funds. 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 Pursuant to the California Transportation Commission's (CTC) March 2018 Annual Reporting Guidelines for Local Streets and Roads Funding, staff has identified a total of 9 (nine) CIP projects to be funded with anticipated FY 2018/19 RMRA revenue in the table shown below. The FY 2018-19 CIP budget was prepared using the California Department of Finance RMRA January 2018 estimate of $5,668,325. Fiscal Year 2018-19 — Potential SB 1 Road Repair and Accountability Act Projects PROJECT LOCATION DESCRIPTION COST Raitt Street McFadden Avenue to Civic Center Drive Road Rehabilitation $980,000 Edinger Avenue Raitt Street to Bristol Street Road Rehabilitation $900,000 Bristol Street MacArthur Boulevard to Railroad (N/O Alton) Road Rehabilitation $700,000 Raitt Street Edinger Avenue to McFadden Avenue Preventative Maintenance/ Slurry $300,000 Main Street Dyer Road to Warner Avenue Road Rehabilitation $600,000 Alton Avenue Raitt Street to Bristol Street Road Rehabilitation $1,035,000 Main Street 1st Street to Civic Center Drive Preventative Maintenance/ Slurry $376,000 V Street City Limit to Newhope Street Preventative Maintenance/ Slurry $687,000 McFadden Avenue Fairview Street to Raitt Street Road Rehabilitation $90,325 Grand Total: $5,668,325 55A-2 Resolution — FY 2018-19 SB -1 RMRA Project List April 17, 2018 Page 3 APPROVED AS TO FUNDS & ACCOUNTS: Edwin "William" Galvez, . . Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Management Services Agency Exhibit: 1. Resolution and Proposed FY 2018-19 List of Projects 2. FY 2018-19 CIP Project Sheets 55A-3 55A-4 jmf 3/19/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT 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. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. B. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Santa Ana are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. C. The City must establish a list of all projects to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement. D. The City of Santa Ana will receive an estimated $5,668,325 in RMRA funding in Fiscal Year 2018-19 from SB 1. E. The funding from SB 1 will help the City maintain and rehabilitate local streets and roads and provide resources for similar projects in the future. F. Modernizing the local street and road system is critical for interconnectivity, multimodal needs, and commerce. G. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance, safety, and investing in complete streets will have significant benefits statewide. Section 2. The City of Santa Ana adopts the following list of projects planned to be funded with Road Maintenance and Rehabilitation Account (RMRA) revenues for Fiscal Year 2018/19, Resolution No. 2018 -XXX "99%! 5 Page 1 of 3 jmf 3/19/18 Project Name Location Description Proposed Project Completion Estimated Useful Life Road Projects: Raitt Street McFadden Avenue to Civic Center Drive Road Rehabilitation 12/31/18 20 YR Edinger Avenue Raitt Street to Bristol Street Road Rehabilitation 12/31/18 20 YR Bristol Street MacArthur Boulevard to Railroad (N/O Alton) Road Rehabilitation 12/31/18 20 YR Raitt Street Edinger Avenue to McFadden Avenue reventative Maintenance / Slurry 12/31/18 10 YR Main Street Dyer Road to Warner Avenue Road Rehabilitation 12/31/18 20 YR Alton Avenue Raitt Street to Bristol Street Road Rehabilitation 12/31/18 20 YR Main Street 1st Street to Civic Center Drive Preventative Maintenance / Slurry 12/31/18 10 YR McFadden Avenue Fairview Street to Raitt Street Road Rehabilitation 12/31/19 20 YR 1st Street City Limit to Newhope Street Preventative Maintenance / Slurry 12/31/18 10 YR Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Assistant City Attomey Miguel A. Pulido Mayor y Resolution No. 2018 -XXX Page 2 of 3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY jmf 3/19/18 I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 2018. Clerk of the Council City of Santa Ana Resolution No. 2018 -XXX Page 3 of 3 55A-7 y • EXHIBIT 2 S131 Road Repair and Accountability Act Projects Worksheets 55A-9 Raitt Street Rehabilitation: McFadden Avenue to I Civic Center Drive Street Improvements Artenal Street Rehabihfahon LOCATION MAP (.STY OF SANT FY 1&19, - -a"` CawriRLIMPRovE wOAKbHEET . DESCRIPTION: Hon/resurfacing orenshng pavement and Onstallaaon of missing "damaged, !rs. sidewalk& dnveway approaches. and ramps within this segment ormadway. )JECT NEED: segment or Reid Street from McFadden to Ovic ter has been identified as a high ily by The City's Pavement Management System. pavement is detenora0ng due to weather age. and ry usage. Some of the adjacent curbs. gutters. Tway approaches, curb ramps, and sdewalks are in vanous states of disrepair and require PROJECT COSTS FY /819 FY 1920 FY 7021 FY 2122 FY 2223 FY 2124 FY 24125 Conslrugian 890],000 Engewen g 973.000 TOTAL 99e0,000 s., d PROJECT FUNDS FY 18119 FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 7425 RMRF 8990,000 TOTAL $9e0,000 Public Works Agency Design Engweenng Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 EXHIBIT 2 -1- 55A-10 _I (.STY OF SANT FY 1&19, - -a"` CawriRLIMPRovE wOAKbHEET . DESCRIPTION: Hon/resurfacing orenshng pavement and Onstallaaon of missing "damaged, !rs. sidewalk& dnveway approaches. and ramps within this segment ormadway. )JECT NEED: segment or Reid Street from McFadden to Ovic ter has been identified as a high ily by The City's Pavement Management System. pavement is detenora0ng due to weather age. and ry usage. Some of the adjacent curbs. gutters. Tway approaches, curb ramps, and sdewalks are in vanous states of disrepair and require PROJECT COSTS FY /819 FY 1920 FY 7021 FY 2122 FY 2223 FY 2124 FY 24125 Conslrugian 890],000 Engewen g 973.000 TOTAL 99e0,000 s., d PROJECT FUNDS FY 18119 FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 7425 RMRF 8990,000 TOTAL $9e0,000 Public Works Agency Design Engweenng Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 EXHIBIT 2 -1- 55A-10 ROJECT TITLE. Edinger Avenue Rehabilitation: Raitt Street to Bristol Street 4OJECT CATEGORY* street Improvements Arsenal Street Rehabilitation LOCATION MAP CITY OF SANTA ANA FY 18/19 CAPITAL IMPROVEMENT PROJECT WORKSHEET CT DESCRIPTION. Imctionrresurfacing or existing pavement and rkmOnstalla0on of missing or damaged, curbs. sidewalks. driveway approaches. and ,air ramps within this segment of roadway. PROJECT NEED. The City's Pavement Management Program has been developed to identify total petered maintenance requirements for the City's anginal network and to move toward preventative maintenance. As one of the City's artenal streets. Edinger Avenue pavement rehabilitation is idenbhed as a high pnonty in the Pavement Management Program. PROJECT COSTS FY 79119 FY 1920 FY 2021 FY 2122 FY 2229 FY 2324 FY 2425 Conshucuon $633000 Engmeenn0 $67 DOC TOTAL $900,000 PROJECT FUNDS FY 19/19 FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 24125 RMRA 6900000 TOTAL $900,000 Public Works Agency Design Engineenng Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 _1_ 55A-11 Bristol Street Rehabilitation: MacArthur Boulevard to Railroad I O Alton) 30JECT CATEGORY: Street Improvements Arterial Sheet Rehabilitation LOCATION MAP CT DESCRIPTION: ructlonhesudacing of existing pavement and r eriMnstallahon of missing or damaged, curbs. sidewalks, driveway epimiaches. and Pair ramps within this segment of madway. )JECT NEED: City's Pavement Management Program has been doped to identify total deferred mamlenimm hements for the City's arterial network and to move vd preventative maintenance. As one of the City's ial streets. MacArthur Boulevard pavement bilitation is idenhhed as a high priority in the PROJECT COSTS FY 1819 FY 1920 FY 2021 FY 2122 FY 2223 FY M4 FV 2425 ConsOunion 5640,000 Engimenn9 $52.000 TOTAL 9100,000 PROJECT FUNDS FY 18/19 FY 1920 FY 20,121 FY 21,22 FY2223 FY 2324 FY 2425 RMRA S100p0) TOTAL 9100,000 Public Works Agency Design Engineering Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 55A-12 PROJECT TITLE: Raiff Street Slurry Resurfacing: Edinger Avenue to McFadden Avenue oROJECT CATEGORY: Stmt Improvements Adana) Street Rehabiitalion LOCATION MAP CITY OF SANTA ANA FY 18119 CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION. AppFcefron of slurry seal to roadway and replacementMstallakon of missing or damaged curbs gutters. sidewalks, driveway approaches. and wheelchair ramps within the segment PROJECT NEED. The City's Pavement Management Program has been developed to identify the preventahve maintenance requirements for the City's street network The application of a surface seal to sheets with improvements constructed in the last 10 years will ensure a high level of service for years to come PROJECT COSTS FY 18019 FY 19120 FY 2021 FY 21/22 FY 22/29 FY 2324 FY 24125 conakudan ans.aao Ergaieenrp E25.000 TOTAL E000•o00 PROJECT FUNDS FY 18/19 FY Iwo FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 RMRA E'00,g00 TOTAL E300,o00 Public Works Agency Design Engineering Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 -1- 55A-13 PROJECT TITLE: Main Street Rehabilitation. Dyer Road to Avenue PROJECT CATEGORY: Stmet improvements Arteria/ Street Rehabilitation Ll AI IUN MAY FY 18119 FY 1920 FY 20121 FY 21fn FY 2223 FY 23x24 FY 2425 Concvu,twn $556,000 ,` N $ao 000 TOTAL 77o,00o PROJECT FUNDS FY 19/19 FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 RMRn s500.000 TOTAL $600,000 MF wxw.r.w. Wm a.. k,v CITY OF SANTA ANA FY 18t19 CAPITAL IMPROVEMENT PROJECT WORKSHEET Reconstruchonlresurfacing of existing pavement and mplacemenNnstallalon of missing or damaged, curbs, gutters. sidewalks driveway appmachesand wheelchair ramps within this segment of madway PROJECT NEED. The City"s Pavement Management Program has been devebpad to ldentity total defend maintenance requirements for the City's animal network and to move toward Irmentahve maintenance. As one of the City's artenal sheets. Main Street pavement rehahi6tation a identified as a high priority in the Pavement PROJECT COSTS FY 18119 FY 1920 FY 20121 FY 21fn FY 2223 FY 23x24 FY 2425 Concvu,twn $556,000 En9mee ng $ao 000 TOTAL 77o,00o PROJECT FUNDS FY 19/19 FY 1920 FY 2021 FY 2122 FY 2223 FY 2324 FY 2425 RMRn s500.000 TOTAL $600,000 Public Works Agency Design Engineering Jason Gabriel Principal Civil Engineer 12 -Mar -2018 -1- 55A-14 Alton Avenue Rehabilitation. Raiff Street to Bristol Street Street Improvements Adenal Street Rehabilitation LOCATION MAP AGENCY: Public Works Agency CITY OF SANTA ANA FY 18/19 CAPITAL IMPROVEMENT PROJECT WORKSHEET DESCRIPTION. nentanstallab'on of missing or damaged. curbs. sidewalks. driveway approaches. and or amps within this segment of roadway PROJECT NEED. The Gty's Pavement Management Program has been developed to denfify total deferred maintenance requirements Por, the City's arfenal network and b move toward prevemlbhve maintenance. As one of the City's adenal streets. Afton Avenue pavement mhadgtabon is identified as a togh pdonty in the Pavement Management Program. PROJECT COSTS FY 111119 Fv 1920 FY 20(21 FY 21/12 FY 22123 FY 23/14 FY 2425 Cmslructan $9m= Erq,neenrg ET7,coo TOTAL $1,035,MO PROJECT FUNDS V'r 11119 FY 1920 FY tom FY 21422 FY 22123 FY 23424 FV 2425 RMRA 41,935,909 TOTAL $1,035,009 Design Engineering Jason Gabriel. Principal Civil Engineer 12 -Mar -2018 55A-15 PRUJEC I HILL: LE: Main Street Slurry Resurfacing. tat Street to Civic Center Drive Street Improvements Arsenal Street Rehabilitation CITY OF SANTA ANA FY 18119 CAPITAL IMPROVEMENT PROJECT WORKSHEET DESCRIPTION: of slurry seal to maNvay antl Onsta/Wtion of missing or damaged curbs. .walks, dnveway approaches. and remps within the segment. PROJECT NEED. The Gty's Pavement Management Program has been developed to identify the preventative maintenance requirements for the Gtya street network. The appitcalion of a surface seal to sheets with improvements constructed in the last 10 years will ensure a high level of service for years to come. PROJECT COSTS FY 18/19 FY 1920 FY 20121 FY 21M FY 2223 FY 2324 FY 2425 confit u m 5348.000 Enyneenrg $28.000 TOTAL $376,000 PROJECT FUNDS FY 18119 FY 1920 FY 2021 FY 2182 FY 2223 FY 2324 FY 2425 RMRA 6346000 TOTAL $376,000 AGENCY, DIVISION. CONTACT: DAT : Public Works Agency Design Engineering Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 -1- 55A-16 -ROJECT TITLE: 1st Street Slurry Resurfacing: City Limit to Newhope Street oROJECT CATEGORY: Street improvements Arterial Sheet RehatA6tahon CT DESCRIPTION: bn of slurry seal to madway and nent/installalion of missing ordamaged curbs, Sidewalks. driveway approaches, and air ramps within the segment PROJECT NEED. The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network The application of a surface seal to straefs with improvements constructed in the last 10 years will ensure a high level of service for years to come PROJECT COSTS FY 18/19 FY 1920 FY 2021 FY 2122 FY 2223 FY 23/24 FY 2x25 Construction i536,00C En,ncr,. 0 $51,000 _ TOTAL $687,000 PROJECT FUNDS FY 18/19 FY 19/20 FY 2021 FY 2122 FV 2223 FY 2324 FY 24/25 RMRA $687.000 TOTAL $887,000 AGENCY: DIVISION: CONTACT'. DATE: Public Works Agency Design Engineenng Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 55A-17 'ROJECT TITLE: McFadden Avenue Rehabilitation Fairview Street to Raitt Street aROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation w . CITY OF SANTA ANA FY 18119 CAPITAL IMPROVEMENT PROJECT WORKSHEET CT DESCRIPTION: ouctionhesudacing or existing pavement and nent6nstallation ot missing or damaged. curbs. sidewalks, dnveway approaches. and 'air ramps within this segment of roadway PROJECT COSTS FY 16119 FY 1920 cWst dwn 61140615 En9meenrg 599.325 TOTAL 990,325 $1.140,675 )JECT NEED. City's Pavement Management Pmgram has been ibped m identify total defamed maintenance irements for the City's adenal network and to move nd preventative maintenance. FY 2021 FY 2122 FY 2223 FY 2320 FY 2025 PROJECT FUNDS R 1819 FY 1920 FY 2021 FY 2122 FY 22123 FY 2324 FY 2485 RMRa 690,325 61,140.fi]5 TOTAL 690,326 11,140,8]6 Public Works Agency Design Engineenng Jason Gabriel, Principal Civil Engineer 12 -Mar -2018 E 55A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ADOPT A RESOLUTION RESCINDING PREVIOUSLY ADOPTED ELECTION RESOLUTIONS RELATED TO BALLOT MEASURE CONCERNING BY -DISTRICT ELECTIONS ON THE JUNE 5, 2018 STATEWIDE PRIMARY ELECTION BALLOT {STRATEGIC PLAN NO. 5, 11 I Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U:U0i04 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt Resolution Rescinding Resolution Nos. 2018-015, 2018-016 and 2018-017, deeming them and related actions of no further legal force or effect. DISCUSSION On March 6, 2018, four City Council Members, comprising a majority of the City Council, adopted the aforementioned Resolutions calling for an election at which voters could consider the adoption of an amendment to the Santa Ana City Charter, providing for by -ward, or in other words, by -district election of City Council Members. The Clerk of the Council, in carrying out her ministerial duties, asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit fully executed copies of the Resolutions to the Orange County Registrar by the deadline established in the Elections Code. The Mayor declined to sign the Resolutions and the Registrar declined to accept the approved, but not signed Resolutions. After engaging outside legal counsel and pursuing all legal avenues to ensure an election, the Court of Appeal denied a final writ. This resulted in depriving the City of the ability to hold the planned consolidated special election with the June 5, 2018 Statewide Primary Election. As a result, the Resolutions are rendered irrelevant and have no further legal force or effect. Therefore, the City Council is advised to rescind the previously adopted Resolutions and approve the proposed Resolution which is attached to this staff report. STRATEGIC PLAN ALIGNMENT 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). 5513-1 Resolution Rescinding Previously Adopted Election Resolutions Related to Ballot Measures Concerning By -District Elections on the June 5, 2018 Statewide Primary Election Ballot April 17, 2018 Page 2 FISCAL IMPACT There is no Fiscal Impact associated with the adoption of the proposed Resolution and the City will not incur the costs originally associated with holding a Special Election, as previously approved. Maria D. Huizar, Clerk of the Council Sonia R. Carvalho City Attorney Exhibits: 1. Resolution No. 2018-015 2. Resolution No. 2018-016 3. Resolution No. 2018-017 4. Proposed Resolution 55B-2 RESOLUTION NO. 2018-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON JUNE 5, 2018 FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE REGISTERED VOTERS OF THE ENTIRE CITY AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE CITY'S SPECIAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION 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. Changing from at -large City Councilmember elections to ward -based City Councilmember elections requires a Charter amendment approved by the voters. B. The City Council has considered the issue of changing from at -large City Councilmember elections to ward -based City Councilmember elections and has determined that the voters of the City of Santa Ana should decide whether City Councilmembers should be elected using the by -ward voting method rather than the at -large voting method. C. A special election of the City of Santa Ana will be held on June 5, 2018, for the purpose of voting on the following proposed amendment to the City Charter which shall be submitted to the voters: Exhibit 1 Resolution 2018-015 Page 1 of 4 55B-3 Measure: YES Shall City of Santa Ana Charter section 400 be amended requiring City' Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City? NO D. There will be a statewide special election on June 5, 2018. E. It is desirable that said special election of the City of Santa Ana be consolidated with the statewide primary election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and charter amendment be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. F. That the text of the Charter amendment to Charter Section 400 submitted to the voters is attached as Exhibit A and incorporated herein by reference. G. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. H. That the Clerk of Council is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the June 5, 2018 special election of the City of Santa Ana for the purpose of voting on a ballot measure related to the proposed Charter amendment with the statewide primary election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulation the statewide election. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Resolution 2018-015 Page 2 of 4 55B-4 Section 4: The City of Santa Ana recognizes the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: q / (7h_ Sonia R. Carvalho -" City Attorney AYES: Councilmembers Benavides, Sarmiento, Solorio, Tinaiero (4) NOES: Councilmembers Martinez, Pulido, Villegas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-015 to be the original resolution adopted by the City Council of the City of Santa Ana on March 6 , 2018. Date: Clerk of the Council City of Santa Ana Resolution 2018-015 Page 3 of 4 55B-5 Exhibit A -City of Santa Ana Charter Section 400 (Deleted language is stricken and new language is in red) Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. . Candidates for each efflGe Of GGURGilmember ether than the mayer shall be Reminated ftern s ward by the eleGters of suGh ward and s2ndidates for mayor shall hp nern;n;;tPd by eI r f the City, but I h I # d h the vete of the elnotorc .estr�,�,--rti���,, Aar att-ceuasilnaerx�ber-�!�al, p� .,.,...-...., ..._ ._.- -• ...- -.----.- f the City at loran Resolution 2018-015 Page 4 of 4 55B-6 RESOLUTION NO. 2018-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER AMENDMENT REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY TO BE INCLUDED ON THE BALLOT FOR THE 2018 SPECIAL ELECTION TO BE HELD ON JUNE 5, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution No. 2018-015, the City Council of the City of Santa Ana has called for a special election to be held on June 5, 2018 and submitted to the voters an amendment to sections of the Santa Ana City Charter. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to whether City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City, to be submitted to the voters at the Special Election to be held on Tuesday, June 5, 2018. Section 3. The amendment called for in Resolution No. 2018-015 shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Measure II YES Shall City of Santa Ana Charter section 400 be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections NO by registered voters of the entire City? Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Exhibit 2 Resolution No, 2018-016 Page 1 of 2 55B-7 Section 5. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 3 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the Clerk of the Council is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. ADOPTED this 6t" day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: IXC .", Sonia R. Carvalho, U City Attorney AYES: Councilmembers Benavides Sarmiento Solorio, Tinaiero (4) NOES: Councilmembers Martinez Pulido Villeaas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-016 to be the original resolution adopted by the City Council of the City of Santa Ana on March 6th , 2018. Date: 55B-8 Maria D. Huizar, Clerk of the Council Resolution No. 2018-016 Page 2 of 2 RESOLUTION NO. 2018-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENT TO THE SANTA ANA CHARTER REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY 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. A special election of the City of Santa Ana will be held on June 5, 2018, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to whether the City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward instead of City Councilmember election by registered voters of the entire City. B. That pursuant to the requirements in Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Exhibit 3 Resolution 2018-017 Page 1 of 2 55B-9 ADOPTED this 6th day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: 40J101GL h . Sonia R. Carvalho ` '� City Attorney AYES: Councilmembers Benavides Sarmiento,_Solorio Tinaiero (4) NOES: Councilmembers Martinez Pulido Villegas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-017 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55B-10 Maria D. Huizar, Clerk of the Council Resolution 2018-017 Page 2 of 2 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NOS, 2018-015, 2018-016 AND 2018-017 WHEREAS, On March 6, 2018 the City Council of the City of Santa Ana adopted Resolution Nos. 2018-015, 2018-016 and 2018-017 related to the calling of an election; and WHEREAS, the Clerk of the Council, in carrying out her ministerial duties, asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit fully executed copies of the Resolutions to the Orange County Registrar of Voters by the deadline established by the Elections Code; and WHEREAS, the Mayor refused to sign the Resolutions based on his personal objections, including objections to the process and questioning whether the action taken by the Council was legal; and WHEREAS, after the deadline to submit the Resolutions passed, the City Council directed outside legal counsel to seek legal relief in order to ensure that the election would be held as provided for in the Resolutions; and WHEREAS, outside legal counsel sought to compel the Mayor's signature and an order requiring the County Registrar to accept the Resolutions after they were signed; and WHEREAS, on April 6, Judge Glenn Salter, through a PeremptoryWrit of Mandate, ordered Mayor Miguel Pulido to sign the Resolutions by April 9, 2018, but did not compel the Registrar to accept the Resolutions; and WHEREAS, on April 9, 2018, outside legal counsel sought a writ to compel the acceptance of the Resolutions and such writ was denied, effectively depriving the City of the ability to hold the planned election at the June 5, 2018 Statewide Primary Election; and WHEREAS, now the Resolutions are rendered irrelevant and have no further legal force or effect, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1: Rescission of Resolution Nos. 2018-015, 2018-016 and 2018-017 and all Associated Approvals and Authorizations Thereunder. The City Council hereby rescinds the aforementioned Resolutions and upon adoption of this Resolution, the Exhibit Resolution No. 2018 -XXX Page 1 of 2 55B-11 Resolutions and all related approvals and authorizations shall have no further legal force or effect; provided, however, that the Council direction to analyze and make recommendations concerning ward re -boundaries shall remain in effect. SECTION 2. Effect. This Resolution shall take effect immediately upon its adoption by a majority of the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Santa Ana this day of April, 2018 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: ATTEST: Maria D. Huizar, Clerk of the Council APPROVED AS TO FORM: By:j Sonia R. Carvalho, City Attorney Resolution No. 2018 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: DISCUSSION AND CONSIDERATION OF LEGISLATIVE POSITION ON SB 895 (VIETNAMESE REFUGEE MODEL CURRICULUM) (STRATEGIC PLAN NO. 2) C1 LY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r-WituemAil, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1° Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Discuss and consider a position on Senate Bill 895 (Nguyen), Vietnamese Refugee Model Curriculum. The City Council may take one of the following positions: (1) support, (2) support if amended, (3) neutral, (4) oppose, (5) oppose unless amended, (6) watch, and (7) provide staff direction other than the positions listed. BACKGROUND In accordance with the adopted 2018 Legislative Platform, a process was established to provide staff with direction on how to take positions on legislative matters on behalf of the City. When a legislative item is silent in the Legislative Platform, it is to be presented to the City Council for consideration. SB 895, as introduced by Senator Nguyen, would establish the first model curriculum for the comprehensive study of the Vietnamese -American refugee experience. It would require the Instructional Quality Commission to develop and recommend to the State Board of Education adoption of model curriculum relative to the Vietnamese -American refugee experience. The model would also include discussion of the members of the Republic of Vietnam Armed Forces, their stories of fighting alongside American soldiers, experiences in reeducation camps and their exodus to America. This bill would also require the inclusion of writings that represent all perspectives of the refugee experience including the oral testimony of Vietnamese refugees and their experiences when teaching about the Vietnam War and post -Vietnam War era. SB 895 would require the Instructional Quality Commission to complete the development of the model curriculum by December 31, 2020 and the State Board of Education to adopt the curriculum by March 31, 2021. 65A-1 Discussion and Consideration of SB 895 April 17, 2018 Page 2 STRATEGIC PLAN ALIGNMENT 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 from this action Exhibits: 1. Senate Bill 895 (Vietnamese Refugee Model Curriculum) Fact Sheet 65A-2 SB 895 Vietnamese Refugee Mode( Curriculum SUMMARY SB 895 requires the Instructional Quality Commission (IQC) to develop and recommend to the State Board of Education (SBE) the adoption of model curriculum relative to the Vietnamese -American refugee experience including the accounts of Vietnamese Boat People and those who served in the Republic of Vietnam Armed Forces. This model curriculum would include oral testimony of Vietnamese - American refugees and their experiences when teaching about the Vietnam War and post -Vietnam War era content required for social studies and history curriculum in our schools. EXISTING LAW The Instructional Quality Commission formerly known as the Curriculum Development and Supplemental Materials Commission, was established in 1927 as an advisory body to the State Board of Education. The IQC is responsible for advising the State Board of Education on matters related to curriculum and instruction, as well as developing and recommending frameworks including criteria for evaluating instructional materials submitted for adoption. The IQC also recommends policies and activities to the State Board of Education, the California Department of Education, and local education agencies regarding curriculum and instruction. Current law encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of human rights, the Holocaust, and genocide, including, the Armenian, Cambodian, Darfur, and Rwandan genocides. Previous bills that established new curriculum criteria for other communities include: SB 984 (Polanco, 2000) — Cesar Chavez Day SB 1380 (Wyland, 2014) — Armenian Genocide AB 2864 (Chau, 2016) — Chinese Exclusion Act AB 738 (Lim6n, 2017)—Native Americans Studies PROBLEM While more than 500,000 Vietnamese -Americans call California home, when teaching about the experiences of Vietnamese refugees in our schools, students are limited to insufficient curriculum material. What is often omitted are the tragic personal stories like that of the Vietnamese Boat People who, after the Fall of Saigon in 1975, risked their lives escaping Communism only to spend weeks or months at sea battling storms, disease, starvation, and pirates. Also missing are the stories of members of the Republic of Vietnam Armed Forces, who fought valiantly alongside American soldiers in the defense of freedom and democracy. Additionally, the absence of oral histories prevents students from better relating to and understanding different perspectives. THE SOLUTION SB 895 would be the state's fust model curriculum for the comprehensive study of the Vietnamese -American refugee experience. It would specifically require the Instructional Quality Commission to develop and recommend to the State Board of Education adoption of model curriculum relative to the Vietnamese -American refugee experience. The model curriculum must include the discussion of the Vietnamese Boat People, the reasons behind the exodus, the hardships faced by the refugees and the conditions that led to their resettlement in America. The model curriculum most also include discussion of the members of the Republic of Vietnam Armed Forces, their stories of fighting alongside American soldiers, experiences in reeducation camps and their exodus to America. It most also incorporate writings that represent all perspectives of the refugee experience including the oral testimony of Vietnamese refugees and their experiences when teaching about the Viemam War and post -Vietnam War era While other groups have benefitted from legislation that established new curriculum criteria highlighting the challenges and triumphs of thew people, the State of California has yet to fully recognize the Vietnamese refugee experience and to incorporate oral history as necessary for teaching in the classroom. These oral histories will capture the voices ofpeople not often included in traditional historical records. Students, particularly younger Vietnamese -Americans, need to hear personal accounts of the past so they understand the impact events have had on their own culture, and our world. First -person accounts from individuals who have experienced some of the most tragic times in recent history will help topics become more than statistics on a page. SB 895 will require the Instructional Quality Commission to complete the development of the model curriculum by December 31, 2020 and the State Board of Education to adopt the curriculum by March 31, 2021. FISCAL Unknown at this time SPONSOR Author Sponsored CONTACT: David Monmy (916) 651-4034 David.Momov6ilsen.ca. eov Office of Senator Janet Nguyen, Room 3048 Page 1 65A-3 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended STATUS UPDATE REPORT ON ❑ As Amended THE MADISON AT 200 NORTH CABRILLO E] Ordinance on 151 Reading PARK DRIVE — CABRILLO COMMUNITY E] Ordinance on Reading [IRe Implementing Resolution PARTNERS, LLC, APPLICANT ❑ Set Public Hearing For {STRATEGIC PLAN N0 , 21 CONTINUED TO FILE NUMBER DISCUSSION At the April 3, 2018 City Council meeting, the City Council continued the public hearing on this project for two weeks. The purpose of the continuation was to provide additional time for the applicant to address the adjacent property's concerns with traffic circulation and access. The City Council was particularly interested in exploring a secondary ingress/egress on the north property line. Since the hearing, the applicant has made attempts to contact the adjacent property owner to resolve vehicular access concerns. However, the adjacent property owner to the north of the subject site has not responded to the applicant's communications. In order to have access to the north site, as requested by concerned parties, an easement would have to be granted by ownership to the north. Thus far no changes to the project plans have been made. If significant changes are proposed on the plans, please be advised that additional staff time may be necessary to review such modifications. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #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 item. Candida Neal Acting Executive Director Planning and Building Agency 75A-1 75A-2 MEMO • • 1 G Raul Godinez II, To: City Manager Candida Neal, Acting Planning & Building Agency Executive From: Director Prepared Vince Fregoso, Acting Planning Manager by: Jill Arabe, Senior Plainer Date: April 12, 2018 Subject: 200 NORTH CABRILLO PARK DRIVE (THE MADISON) UPDATE At the April 3, 2018, meeting, the City Council continued the public hearing on this project for two weeks. The purpose of the continuation was to provide additional time for the applicant and to address the adjacent property's concerns with traffic circulation and access. The City Council was particularly interested in exploring a secondary ingress/egress on the north property line. Since the hearing, the applicant has made attempts to contact adjacent ownership to resolve vehicular access concerns. However, the adjacent property owner to the north of the subject site has not responded to the applicant's communications. In order to have access to the north site, as requested by concerned parties, an easement would have to be granted by ownership to the north. As of today's date, no changes to the project plans have been made. If significant changes are proposed on the plans, please be advised that additional staff time may be necessary to review such modifications. JA:rb cc: Mayor & City Council City Attorney City Clerk 75A-3 75A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2018 TITLE: PUBLIC HEARING — APPEAL NO. 2017-05 OF SITE PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260 -UNIT MIXED-USE BUILDING "THE MADISON' AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT {STRATEGIC PLAN NO. 3,2) ,s •t MANAGER 1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO APR 17 2018 FILE NUMBER 1. Approve Appeal No. 2017-05 and adopt a resolution approving Site Plan Review No. 2016-03 as conditioned and Variance No. 2017-06 as conditioned for the side yard setback. Deny Appeal No. 2017-05 and adopt a resolution denying Variance No. 2017-05 to allow a reduction in parking. PLANNING COMMISSION ACTION At its regular meeting on December 11, 2017, the Planning Commission by a vote of 5:2 (Mendoza and Nguyen opposed) denied Site Plan Review No. 2016-03, Variance No. 2017-05 and Variance No. 2017-06 to allow The Madison mixed-use development to be constructed with deviations from the City's parking and setback standards located at 200 North Cabrillo Park Drive. The Planning Commission made changes to the recommendation outlined in the attached staff report (Exhibit A) and the action for denial is in the attached resolution (Exhibit B). DISCUSSION Cabrillo Community Partners, LLC is requesting approval to allow the construction of a mixed-use residential and commercial development at 200 North Cabrillo Park Drive. The project consists of approximately 6,500 square feet of commercial space, 260 residential units, and 445 parking spaces within a parking structure. Staff recommended approval of the project entitlements with conditions of approval including a condition to revise the plans to include 1.8 spaces per unit (468 parking spaces) in lieu of the requested 1.7 spaces per unit (445 parking spaces). Prior to the hearing, the applicant agreed to the recommended conditions of approval. At the public hearing, three members of the public spoke in opposition of the variances, citing concerns with the 75A-5 Appeal No. 2017-05 of Site Plan Review No. 2016-03, Variance Nos. 2017-05 and 2017-06 — The Madison project at 200 North Cabrillo Park Drive April 3, 2018 Page 2 findings, parking, and traffic flow. After further discussion, the Planning Commission subsequently denied the project. The appeal was filed in accordance with Section 41-645 of the Santa Ana Municipal Code (SAMC), which allows any interested party, individual or group to file an appeal. This section requires the filing of an appeal application within 10 calendar days following the date of the decision by the Planning Commission, which was filed on December 20, 2017. Per Section 41- 645 (h) of the SAMC, the Council may, after a public hearing, affirm, reverse, change, modify the original decision and make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41. In granting or denying the appeal, Section 41-646 of the SAMC requires the Council to make written findings of fact that specifies all facts relied upon in rendering its decision. In response to the Planning Commission's denial, Robert Bisno, on behalf of Cabrillo Community Partners, LLC, filed an appeal of the Planning Commission's decision. The reasons for the appeal were based on the need to comply with the Orange County Fire Authority's setback standards, an economic necessity for the parking variance, and providing sufficient parking capacity (Exhibit C). Additionally, the applicant submitted concept plans showing the provision of 468 parking spaces on the subject site (Exhibit D) and a draft economic impact analysis of the benefits of the project (Exhibit E). Staff is supportive of the applicant's request to construct the project with a side yard setback that is larger than allowed under the development standards of the Metro East Mixed -Use (MEMU) Overlay Zone. The purpose of the increased setback is to provide Fire Authority access to sections of the building that are outside their coverage. Requiring the Code mandated 10 foot setback would restrict Fire access and render the project infeasible. Staff is not supportive of the applicant's request to reduce the required parking for the project. The minimum required parking for a project in the MEMU area is 2 spaces per unit. This parking requirement is consistent with the parking standards most of the Transit Zoning Code area (except for the Downtown subzone). Staff contends that since street parking does not exist, and overflow parking is very limited in the vicinity, the 2 spaces per unit will satisfy the parking demand for the project and will minimize potential parking problems in the area. Although staff is considering a reduction in parking within the MEMU area, the findings of the parking study have not been finalized. However, staff can be supportive of the parking variance provided the applicant secures off-site parking agreements with non-residential property owners in close proximity to the development site. These agreements must be in place prior to issuance of building permits for the project. Based on staffs review and analysis of the project, and the project's consistency with the Metro East Mixed -Use Overlay Zone, staff recommends that the City Council approve Appeal No. 2017- 75A-6 Appeal No. 2017-05 of Site Plan Review No. 2016-03, Variance Nos. 2017-05 and 2017-06 — The Madison project at 200 North Cabrillo Park Drive April 3, 2018 Page 3 05 and adopt a resolution approving Site Plan Review No. 2016-03 as conditioned and Variance No. 2017-06 as conditioned to allow an increase in the side yard setback. Further, staff recommends that the City Council deny Appeal No. 2017-05 and adopt a resolution denying Variance No. 2017-05 to allow a reduction in parking. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #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 andida Neal, AICP Acting Executive Director Planning & Building Agency JA: rb S:RFCA72018103-20-181PBA SPR18-03VA17-05 200 N Cabrillo -Appeal Exhibit: A. Planning Commission Staff Report B. Planning Commission Resolution for Denial of Site Plan Review No. 2016-03 and Variances No. 2017-05 and 2017-06 C. Appeal Application received December 20, 2017 D. Conceptual plans with additional parking received December 20, 2017 E. Draft Impact Analysis from Applicant received January 15, 2018 F. Council Resolution for Approval of Site Plan Review No. 2016-03 and Variance No. 2017-06 G. Council Resolution for Denial of Variance No. 2017-05 75A-7 75A-8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 11, 2017 TITLE: SITE PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW A MIXED-USE DEVELOPMENT (THE MADISON) WITH DEVIATIONS TO PARKING AND SETBACKS LOCATED AT 200 NORTH CABRILLO PARK DRIVE — CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT (STRATEGIC PLAN 3,2) Prepared by Jill Arabe n Acting Pla ing . nager Acting Executive Director RECOMMENDED ACTIONS PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Adopt a resolution approving Site Plan Review No. 2016-03 as conditioned. 2. Adopt a resolution approving Variance No. 2017-05 as conditioned. 3. Adopt a resolution approving Variance No. 2017-06 as conditioned. Executive Summary Robert Bisno with Cabrillo Community Partners, LLC, is requesting approval of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 to allow the construction of The Madison, a seven - story, 260 -unit mixed-use development at 200 North Cabrillo Park Drive. Pursuant to the Metro East Mixed -Use Overlay (MEMU) Zone Section 8.1, a site plan review application is required and subject to review and approval by the Planning Commission. In addition, the applicant is requesting approval of two variances to allow a 14 -percent reduction in required parking and to permit a 30 -foot side yard setback in lieu of a maximum 10 -foot side yard setback. Staff is recommending approval with conditions due to the project's consistency and compliance with the vision of the Metro East Mixed - Use Overlay Zone. Table 1: Protect and Location Information Item Information Project Address 200 North Cabrillo Park Drive Nearest Intersection Cabrillo Park and and Xerox Centre drives General Plan Designation Professional & Administrative Office (PAO) Zoning Designation Specific Development No. 54 (Xerox Centre) with the Metro East Mixed -Use Overlay Zone OZ -1 — Active Urban District EXHIBIT A 75A-9 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 2 Item Informatiom Surrounding Land Uses North Office South Office East Mixed -Use west Santa Ana (I-5) Freewa Property Size 2.79 acres 752-977 Existinq Site Develo men) None; the site is current) vacant Use Permissions Mixed-use projects permitted by the MEMU OZ -1 designation Zoning Codes Affected Off -Street Parking 04-1, Section 4.8 SAMC Section 41-638.1 SAMC Section 41-632 Building Setback OZ -1, Section 4.7 Prolect Description The project consists of an approximately 487,000 square foot mixed-use seven -story development at 200 North Cabrillo Park Drive. The development is proposed with 256 residential apartment units, four live/work units, approximately 6,500 square feet of retail uses, and 445 parking spaces within a three-level parking garage. Site improvements include a fire access ]an -e --- along the south and west property lines, 20,733 square feet of public open space, and 45,109 square feet of private and common open space. Table 2: Project Summary The project will feature a contemporary architectural style with a combination of materials including standing seam metal panel siding, corten steel window surrounds, vintage wood cedar panel siding, and plaster finishes. 75A-10 Residential Units - Unit Type Number Proposed Percent of Units Square Footage Studios 54 20.8 538-619 One -Bedroom 144 55.4 752-977 One -Bedroom + Loft 11 4.3 1,040 Two -Bedroom 43 16.5 1,064-1,208 Three -Bedroom 4 1.5 1,595 LiveMork 4 1.5 1 1,54D-1,592 Total 260 100 222,285 Parking Parking Type Number Proposed Percent of Parking Allocation Residential (Gated) 392 88 1.51 spaces per unit Guest/Commercial 53 12 0.2 spaces per unit Total Onsite Spaces 445 100 1.71 spaces per unit The project will feature a contemporary architectural style with a combination of materials including standing seam metal panel siding, corten steel window surrounds, vintage wood cedar panel siding, and plaster finishes. 75A-10 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 3 Inclusionary Housin The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains inclusionary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41-1900 et al.). The applicant is requesting approval for 260 market rate rental units within the Metro East Mixed Use Overlay Zone. The applicant has opted to pay an in -lieu fee of approximately $3,334,275 to satisfy the City's inclusionary housing requirements, which is subject to adjustment at the time of building permit issuance. Prosect Backaround On April 13, 2015, the Planning Commission approved plans for The Madison that consisted of a six -story development with 217 dwelling units (including four live/work units) and 6,220 square feet of commercial retail uses on the subject site. The development included approximately 20,700 square feet of public open space, 32,000 square feet of private and common open space, and 441 parking spaces within a two-level parking garage. The proposed project is a revision to the 2015 plans with an increase in building height and number of units, architectural modifications and enhancements, and a reduction in parking. In order to adequately provide fire access, the site layout is also modified from prior plans to reduce the building massing along the south and west sides of the site. Pursuant to SAMC Section 41.638.1, a minor exception has been granted by the Planning Manager for 23% tandem residential spaces, specifically 104 parking spaces arranged in tandem configuration. More tandem parking spaces (48%) were provided with the previously approved plans and the current project is proposing less tandem spaces. Tandem parking is only proposed within the access -controlled area of the three-level parking structure and will not impact the publicly available spaces for guests and commercial uses. Tandem parking is a supported, common practice in larger, urban office and residential projects, including other projects in Santa Ana and those in surrounding cities. The tandem spaces are planned to be distributed between one -bed, two -bed, three -bed, and live/work units and managed through a parking management plan. Project Analysis The proposed mixed-use development requires approval of a site plan review and two variances by the Planning Commission. The following sections of this report provide analyses for each of the proposed action items and the basis for staffs recommendation of approval of the project. Site Plan Review Pursuant to MEMU Section 8.1, site plan review approval by the Planning Commission is required for development projects in the overlay zone to ensure conformity with applicable development standards. The subject site is located within the Active Urban District of the MEMU that is intended 75A-11 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 4 for the most intensive development and designed to create a highly urbanized environment. After analyzing the project, staff finds that the proposed project is in compliance with all applicable development standards, with the exception of required on-site parking and the side yard setback, as indicated in Table 3 below. Table 3: Conformance to Development Standards Standard Re uired by MEMO -Active Urban District Provided Maximum Number Stories No Maximum, 3 Stories Minimum Seven stories Minimum Development Site Area One acre 2.79 acres Permitted Street Level Building Frontages Forecourt Forecourt Publicly Accessible Open Space 15% of Total Lot Area =18,230 sq. ft. 20,733 sq. ft. Private/Common Open Space 100 sq. ft. per unit = 26,000 sq. ft. 45,109 sq. ft. Building Front Yard 0-20 ft. 11 ft. Setbacks Side Yard 0-10 ft. 30 ft. — variance required Rear Yard 0-10 ft. 1511t. Parking Mixed-use with less than 10% of gross floor area devoted to a commercial activity: 2.0 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses = 520 spaces 1.71 spaces per unit = 445 spaces — variance required Variances The applicant is requesting the approval of two variances to allow a 14 -percent reduction in required parking and a 30 -foot side yard setback in lieu of a maximum 10 -foot side yard setback. Pursuant to Section 41-632.2 of the SAMC, the Planning Commission may grant a variance to development standards when it can be shown that there exists a special circumstance related to the property, is necessary for the preservation and enjoyment of substantial property rights, will not be detrimental to the public or surrounding property, and will not adversely affect the General Pian. If these findings can be made, then it is appropriate to grant the variances. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis that forms the basis for the variance recommendations contained in this report. Reduction in Parking Table 4: Conformance to Parking Requirements Standard Required by MEMU Section 4.8 Provided Mixed-use Minimum of 2.0 Parking Spaces developments with spaces per residential Required D less than 10% of or live/work unit 2.0 spaces x 260 units = 1.71 spaces x 260 units = the gross floor area inclusive of guest 520 spaces required 445 spaces provided devoted to a parking and any commercial activity. nonresidential uses 75A-12 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 5 The City is currently reviewing options to update the citywide parking requirements for multi -family residential uses, including those required in the Metro East Mixed Use Overlay Zone. The goals of the parking update are to modernize the requirements and find a balance between encouraging infill development, promoting alternative transportation modes (walking, cycling, mass transit, rideshare, etc.) and reducing potential parking impacts to existing neighborhoods. The City has retained DKS Associates to study and evaluate surrounding cities and current parking demands for multi -family residential uses and mixed-use sites. The early technical draft of the study generally shows that the City's current requirements exceed observed parking research for multi -family housing and that parking surveys are resulting in lower parking demand ratios. One of the options identified in the technical draft of the study is a minimum parking per dwelling unit ratio (1.8/unit) that is below the current MEMU standards to adequately address multi -family residential parking needs. In applying this ratio, the project would need to provide a total of 468 onsite parking spaces, which is an additional 23 spaces than the proposed supply of 445 spaces. The applicant has provided a parking study by Linscott, Law, & Greenspan (LLG) to demonstrate that the proposed parking supply (1.71 spaces per unit) is adequate for the mixed-use development. The LLG parking study (Exhibit 9) states that parking demand for multifamily residential uses have been found to be lower than the current MEMU parking requirement of 2.0 spaces per unit (inclusive of guest spaces and any nonresidential uses). The analysis is based on field studies of actual parking demand at 12 existing sites that are similar to the project and other parking demand/empirical ratio compilations from other sources. Existing sites that were studied had contextually similar characteristics to the proposed project including apartment unit mix, proximity to transit or ride share lots, and surrounding land uses. The results of the study show that 1.61 spaces per unit is an adequate supply of parking to meet the demand. Other publications and jurisdictions also support lower parking ratios demonstrating that peak parking demand for apartment complexes range from 1.37 spaces per unit to 1.66 spaces per unit. Furthermore, the study states that the proposed 53 spaces of parking available for residential guests and commercial uses will adequately address demand because peak parking demand for retail differs from residential peak parking demand. It is also anticipated that a majority of the patrons to the commercial uses will primarily be residents of the subject site and occupants of nearby residential and office uses and may not necessarily drive to or park at the site. One of the objectives of the Metro East Mixed -Use Overlay Zone is to create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. By encouraging high-intensity developments within close proximity of each other, it is anticipated that residents and visitors will use alternative methods of transportation such as walking, bicycling, and transit to and from various sites. In allowing a parking reduction for the subject site based upon peak parking demand, the City is achieving its goals of the MEMU and progressing towards a greener environment that supports pedestrian and bicycle activity and increasing housing opportunities. Staff supports a reduced parking ratio of 1.8 spaces per unit, which would provide 468 spaces in lieu of the required 520 spaces (difference of 52 spaces). The reduced ratio is consistent with the technical draft of the MEMU parking study by DKS Associates. It considers parking demand based upon surveys of other similar residential developments and reflects current parking trends in urban 75A-13 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 6 settings. As residential uses are built closer to commercial uses, individuals rely on easier traveling methods such as walking and bicycling. As the City continues to update streets and circulation plans to reduce speeds, incorporate bike lanes and larger sidewalks, and improve transit opportunities, the demand for parking will change. As of December 4, 2017, the applicantlowner has agreed to staffs recommendation of 1.8 spaces per unit. In order to satisfy the parking recommendation, the applicant would have to comply with one of the following options, subject to review and approval by the Planning Division: - Revise the plans to provide 23 additional onsite parking spaces - Revise the plans to reduce the number of units by 13 (247 units) - Revise the plans with a combination of adding parking and reducing number of units Building Setback The applicant is requesting approval to permit a 30 -foot side yard setback in lieu of a maximum 10 - foot side yard setback along the south property line. The intent of the MEMU standard was to facilitate building articulation and maximize building form. However, due to fire safety issues related to building construction and access, the site necessitates a fire lane along the south and west sides of the building, thus requiring a greater building setback from the property lines. The fire lane will provide access for a fire truck to stage and adequately serve the property during emergencies. Additionally, the setback area will be designed to accommodate open space for the residents and their guests with the inclusion of trees, landscaping, decorative paving, and seating. Residents may use this area for their pets, walking/running paths, and other recreational activities such as yoga or bocce ball. Table 5: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strate tc Plan Ali nment; and Public Notification & Community Outreach = CEQA. . ,., _ - CEQA Type Class 32 Categorical Exemption/Sec. 15332 — In -Fill Development Projects Reason(s) The Class 32 exemption applies to projects characterized as infill development meeting Exempt or Analysis the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a'Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA 75A-14 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 7 CEQA,.Strate is Plan Alignment, and Public Notification & COMmunitv Outreach recommends that the project incorporate certain window design features on freeway - facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. As outlined in this staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. The proposed project has been found by the City's development review agencies to not create any adverse impacts. The building is on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the project site Is located within city limits and is less than five acres in size. It is already In an urbanized selling surrounded by urban uses. In addition, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. As a result, Categorical Exemption Environmental Review No. 2017-124 will be filed for this ro'ect. Goal(s) and Policy(s) Approval of this item supports the Citys efforts to meet Goal No. 3 (Economic Development) Objective No. 2 of creating new opportunities for businessljob growth and encoura a private development through new General Plan and Zoning Ordinance policies. Public Notification':& Communit Outreach' Required MeasuresA puolic notice was posted on the project site on November 30, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the ro'ect site on November 30, 2017. News WP -e. postin was ublished in the Orange County Reporter on December 1, 2017. The applicant held a Sunshine Ordinance community meeting on November 2, 2016 at Avila's EI Ranchito restaurant. Five members of the public attended. Primary concerns were regarding parking and traffic. The applicant has provided parking demand and traffic impact analysis reports to address the concerns and the project's potential impacts. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission adopt a resolution approving Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 as conditioned. JA:sb S-t%miirig CmmisslWI2017112-11-171SPR16-03VA17-05 260 N Cabrillo Exhibits: 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photo 75A-15 SPR No. 2016-03, VA No. 2017-05, VA No. 2017-06 December 11, 2017 Page 8 4. Site Plan 5. Floor Plans 6. Building Elevations 7. Building Perspectives 8. Landscape Plans 9. Parking Demand Analysis 75A-16 RESOLUTION NO.2017-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY MIXED-USE DEVELOPMENT WITH UP TO 260 UNITS FOR THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE 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. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred to as "Applicant") is requesting approval of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 as conditioned, to allow the construction of a seven -story mixed-use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at. that time considered all testimony, written and oral. C. The Metro East Mixed Use (MEMU) Overlay Zone was adopted in 2007 as a result of interest in developing mixed-use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices. D. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. E. Pursuant to the MEMU Overlay Zone Section 8.1, the Planning Commission is authorized to review and approve all site plan review applications to ensure that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of the MEMU Overlay Zone and will not be detrimental to the harmonious development of the city or Resolution No. 2017 -roc EXHIBIT 1 Page 1 of 11 75A-17 impair the desirability of investment or occupation in the MEMU Overlay Zone. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) in the Active Urban sub -zone. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5 and MEMU Section 8.1, have been established for Site Plan Review No. 2016-03 to allow construction of the proposed project. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain up to 260 residential units (including four live/work units) and approximately 6,600 sq. ft. of commercial uses. The project design incorporates an active streetscape that integrates the private development with the public realm. The project meets several General Plan goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs), Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE -2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE -2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project complies with the majority of development standards enumerated in the MEMU regulating plan, with the exception of required parking and side yard setback, which are analyzed through the variances. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, Resolution No. 2017-xx Page 2 of 11 75A-18 and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a seven -level project surrounded by several existing mid and high-rise buildings and has been designed to complement these developments. It supports the vision of the MEMU plan with the construction of a high-density mixed-use development in close proximity to similar residential uses and supportive commercial uses. The project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. It encourages a reduction in parking to reduce construction cost and emissions and to foster alternative modes of transportation such as bicycling, walking, and transit. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. No significant negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on Cabrillo Park Drive with the provision of publicly accessible open space, small-scale commercial uses, and a variety of seating and recreational amenities. H. The Planning Commission determines that the following findings, which must be established in order to grant Variance Nos. 2017-05 and 2017-06 for required parking and side yard setback, respectively, have been established as required by SAMC Section 41-638: 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 proposed project will be located in an area completely built -out by commercial and residential uses that restrict the site from providing additional parking spaces and compliant side yard setback to the south property line. The site is surrounded by high-rise offices and parking structures that Resolution No. 2017-xx Page 3 of 11 75A-19 have ample parking with divergent peak hour demands from the residential component of the proposed project. Adjacent commercial sites are built out to minimum setbacks and abut a freeway, which limits the amount of developable area for habitable space, parking, and open space for future residents and visitors. Additionally, the site necessitates adequate emergency access to the rear of the property to serve the proposed development. In order to properly address life safety issues, the building massing which takes into account the parking garage and setbacks must be reduced. 2. That the granting of the variances is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the parking and setback variances will preserve the property owner's ability to develop a vacant lot with uses consistent with the MEMU overlay plan and to provide adequate emergency access to serve the project. The development will revitalize the currently undeveloped parcel and activate the area with additional housing and commercial uses to support the active -urban subzone of the MEMU overlay plan. Future housing and active retail uses will benefit the neighborhood and promote the ability to live, work, shop, and play all within a short walk of each other. 3. • That the granting of the variances will not be detrimental to the public welfare or injurious to surrounding property. The granting of the parking and setback variances 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 peak demand for the future residential and commercial uses. The parking study also demonstrates that residential uses have divergent peak demand hours than commercial and surrounding offices, therefore no significant impacts to traffic or parking are anticipated. Furthermore, the 30 -foot setback in lieu of a maximum 10 -foot setback is necessary to accommodate emergency access and will serve a dual design purpose as open space for the residents. The variances will allow for the development of an undeveloped site consistent with the MEMU overlay plan. 4. That the granting of the variances will not adversely affect the General Plan of the city. Resolution No. 2017-xx Page 4 of 11 75A-20 The project will not adversely affect the General Plan, but rather support its goals. The proposed project is consistent with Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability) by providing a high-intensity mixed-use residential and commercial development consistent with the vision of the area and surrounding land use designations. The variances allow for the development of the project in a mid to high-rise built environment and provide housing in close proximity to support nearby commercial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acnes substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the MEMU regulating plan. The project meets several General Pian goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE -2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE - 2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. Resolution No.2017-xx Page 5 of 11 75A-21 Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 110 day of December 2017 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairman 75A-22 Resolution No. 2017-xx Page 6 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2017. Date: Recording Secretary City of Santa Ana 75A-23 Resolution No. 2017-xa Page 7 of 11 EXHIBIT A Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Califomia Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review and variances. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review and variances. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016-38. 2. The project plans shall be revised to provide one of the following options, subject to the review and approval by the Planning Division: a) Add 23 onsite parking spaces b) Reduce the number of units to 247 c) A combination of providing a minimum of 1.8 parking spaces per unit and reducing the number of units 3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 4. The project shall comply with all mitigation measures as required by the Metro East Mixed -Use Overlay Zone. 5. A residential property manager shall be on site at all times that the project is occupied. 6. All new utilities and mechanical equipment such as backflow devices, Edison transformers, and double check detector assembly devices shall not be located Resolution No. 2017-xx Page 8 of 11 75A-24 within front yard setbacks and must be screened from view from public and courtyard areas. 7. All parking for the project, including visitor parking spaces, shall be made available free of charge. 8. The interior of the parking structure shall be painted white. 9. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 10.After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 11.A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 12. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. 13. Prior to issuance of a grading permit, the following shall be completed: a) Submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. b) Block walUfencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and be approved by the Planning Division. 14. Prior to occupancy of any units, the following shall be completed: a) A rental housing execution plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residents. b) A revised parking management plan shall be submitted to the Planning Division for review and approval. The plan shall include additional parking Resolution No. 2017 -nor Page 9 of 11 75A-25 spaces with accompanying exhibits and provisions for the distribution and management of parking for residents, employees and guests. 15.As a result of the health risk assessment (HRA) and to reduce any adverse health effects associated with diesel -truck emissions associated with the project's proximity to the 1-5 Freeway, Applicant must install non-operable windows on all windows facing the 1-5 Freeway and install air filtration systems with filters meeting or exceeding the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) 52.5 Minimum Efficiency Reporting Value (MERV) of 14. 16. A Public Art Plan shall be submitted to the Planning Division for staff review and approval prior to the issuance of building permits. The public art shall be installed prior to issuance of a certificate of occupancy. B. Police Department 1. The Applicant will be required to submit a security plan for the proposed project to the Police Department. The plan will be required to outline hours of operation for the parking structure (secured/open), a duress alarm system for the parking structure and an access control system for the perimeter of the building. 2. Parking structure and buildings: Each door within the structure and building leading into a stairwell, lobby, or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors minimum of 12 inch in diameter must be provided at each stairwell landing, in the storage rooms and at each comer along a walkway. The last flight of each stair must be fully enclosed at its base. 3. Elevators are to be equipped with minimum 12 -inch shatterproof convex mirrors or are to have mirrored backing. 4. Parking structure first floor exits must be designed to allow emergency egress with no exterior hardware. 5. Building/unit addressing shall comply with emergency service standards of the City of Santa Ana. 6. Lobby doors must be equipped with a Police Department approved access control system. 7. Provide a minimum 100 square inch window in the trash room and storage room doors. 8. Parking Structure elevators must be equipped with an approved access control system. Resolution No. 2017-xx Page 10 of 11 75A-26 C. Orange County Fire Authority 1. Prior to OCFA clearance of issuance of a building permit, the Applicant or responsible party shall submit plans and obtain approval of the following: a) Fire master plan (service code PR145) b) Architectural (service codes PR200-PR285) c) Architectural (service codes (PR212-PR220, abbreviated review) d) Tanks storing hazardous materials (service codes PR300-PR305) e) Hazardous materials compliance and chemical classification (service codes PR315-PR328) f) Battery (service code PR375), for any system containing an aggregate quantity of electrolyte in excess of 50 gallons g) Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) h) Fire sprinkler system (service code PR400-PR465) 2. Prior to concealing interior construction, the Applicant shall obtain approval of a fire alarm system (service code PR500-PR520). 3. Before commencement of construction, the Applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at 714-573-6150 at least five days in advance to schedule and pay for the pre -construction meeting. 4. After installation of required fire access roadways and hydrants, the Applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. 5. The Applicant or responsible party shall provide the OCFA inspector evidence of compliance with emergency responder digital radio system performance criteria prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. Resolution No. 2017 -roc Page 11 of 11 75A-27 This page left blank intentionally. 75A-28 IF Ana Boundary or 1` zzs 2 ne Deuriptipn iE �C a ua ]S -? 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C F ?tea c�Q caa`©o ®r l flIl �Il DB z o ;r' ®a �l =a z oa - mu Gl9 ®® Ea® ®G %IM'• r m 2!9 v 8 am`d ®@ AB + a N J sFY 1j ...J C.J f J I� Lf . 3-,.• � c � aj t J Uld X �� J -O .7 ff - 0 e➢ mE _97 E m a f E <d � O � rG s t, ' e 191 Z Q J a LAI OL Q N 0 Z!2 Q o —10 W 3 S 5#s s Z s u�����;_'���Y Y U '. 3AIBQ MdVE 0111UOTO 171 PPVA''BRILLO PARK DRIVE w„,,�@E.XHIBIT 8 75AF"APE PLANS 2 a 0 6 U W p � 3 U � 0 O m m V� N « � W V q11\` 1i,64 m(7S .�1 1 V J E J a`e co sa mo Zy aE dY'{ Cy V f �15 d C V 1�`LI Ipz� —Aft ,2077.06 °�; , z�i v a a a O F tj fj » 2 w O 4AINn UhVd nllIMG49 75A-49 =B October 3, 2017 Engineers&Planners Tragic Transportation Parking Mr. Robert Bisno unscot4 taw & Cabrillo Community Partners, LLC Greenspan, Engineers 9255 W. Sunset Boulevard, Suite 920 2 Executive circle West Hollywood, California 90069 suite 250 Irvine, CA 92614 949.825.6175 T LLG Reference No. 2.16.3755.1 94983JI3173 ` wurrv.lIgenlgengineers.cam Subject: Revised Parking Demand Analysis for Pasadena The Madison Mixed -Use Development Irvine Santa Ana, California San Diego Woodland Hills Dear Mr. Bisno: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Revised Parking Demand Analysis for the proposed Madison Mixed -Use Development Project (hereinafter referred to as Project). The project proponents, Cabrillo Community Partners, LLC proposes to construct a podium style apartment project consisting of up to 260 multi -family residential units and 6,561 square -feet (SF) of retail/commercial space in the Metro East Mixed -Use Overlay Zone of the City of Santa Ana. The project site is a 2.79 -acre vacant parcel of land that is located at 200 N. Cabrillo Park Drive. Pursuant to our discussions and understanding of the City of Santa Ana requirements, the preparation of a parking study is required in order to validate that the proposed Project can adequately meet its parking demand needs. This report evaluates the Project's parking needs based application of City code, as well as a comparison to LLG's previous field studies of actual parking demand at existing sites with similar characteristics. This study focused on the following tasks: Philip M.❑nscmt, PE Rw+ mi Jack h1 Greenspan, PE load a) Calculates the proposed Project parking requirements based on the application of William A Law. PE lanl the City of Santa Ana Metro East Mixed -Use Overlay Zone parking ratios; Paul W. Wilkinson, PE identifies any Code -based surplus or deficiency by comparing Code requirements John P. Keating, PE against the proposed supply; David S. Shander, PE SPR No. 2016-03, VAR No. 2017-05, VAR No. 2017-06 John A. Boorman, PE THE MADISON Clare U Look -Jaeger. PE Richard E. Barreno, PE 200 N. CABRILLO PARK DRIVE Keil D. Maherry, PE EXHIBIT 9 PARKIIII f ffi igdNALYSIS A taAYe C.m,., r.-e.eM Mr. Robert Bisno October 3, 2017 Page 2 b) Compared actual field study parking requirements for multifamily residential uses at various locations to the requirements set forth by City Code. In addition, compared peak parking ratios for apartment complexes referenced in the Parking Generation (4d' Edition) published by the Institute of Transportation Engineers (ITE), and Shared Parking (2nd Edition) published by the Urban Land Institute (ULI), as well as other reference materials for the cities of Ontario and Rancho Cucamonga, San Bernardino County, and Riverside County; c) Based on the parking requirement comparison assessment as stated above, calculated the average, 85d' Percentile and 95' Percentile design -level peak parking demands and validated the adequacy of the proposed parking supply. d) Recommend a Parking Management Plan (PMP) to ensure adequate parking is provided for both guests and residents of the proposed Project. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. PROJECT LOCATION AND DESCRIPTION The Project site, located at 200 N. Cabrillo Park Drive, is a 2.79 -acre vacant parcel of land within the Metro East Mixed Use Overlay Zone that is generally located north of First Street, south of Fourth Street, east of the Santa Ana (I-5) Freeway and west of Cabrillo Park Drive. The subject property is currently entitled for development of a 210,000 SF office building (Xerox Tower II). Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the subject property in the context of the sun•ounding street system. The proposed Project includes five -stories of multi -family apartment dwelling units over a two-level parking structure. Table I summarizes the proposed Project development totals for the site. Review of Table I shows that the proposed Project will include a total of 260 apartment homes consisting of 54 studio units, 143 one - bedroom units, 11 one -bedroom with loft units, 44 two-bedroom units, 4 three- bedroom units, 4 live/work units, and approximately 6,561 SF of ground floor retail space within two (2) suites over a two-level parking garage (plus subterranean level) with a total of 445 parking spaces. On-site facilities/amenities of the proposed Project include a leasing office, a lounge/lobby, business center, pool/spa, a fitness center for residents, and two roof top decks. Figures 2 and 3 present the site plan for the proposed Project prepared by MVE+Partners, for the ground floor and 2nd Floor, respectively. V 3700 21(,3755 -'Che NIRtfieon. Saute kna,Parkmg Study Retort 3755'1'he Madison Parking Study 10-3-17.doc '75A-51 Mr. Robert Bisno October 3, 2017 Page 3 PARKING DEMAND ANALYSIS Parking Requirements per Overlay Requirements To determine the number of parking spaces required to support the proposed Project, the parking requirement was calculated based on parking information published in the City of Santa Ana Metro East Mixed -Use Overlay Zone, Chapter 4.0 Development Standards, Section 4.8 Parking and Access, 3.d. Active Urban District. The following parking ratio was used to determine the required parking: ■ Mixed-use developments with less than 10 percent of the gross floor area devoted to commercial activity: a minimum of 2.0 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. ■ Mixed-use developments with 10 percent or greater of the gross floor area devoted to commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses shall be established. Given the proposed Project commercial floor area, which totals 6,561 SF, equates to less than 10 percent of the Project's total gross floor area, the Project would require 520 spaces (2.0 spaces per unit x 260 units). With a proposed parking supply of 445 parking spaces, the Project has a 75 space parking deficiency when compared to the City's Metro East Mixed -Use Overlay Zone parking requirements. Comparison of Parking Ratios Notwithstanding the requirements of City Code, the actual parking requirements for multifamily residential uses have been found to be less than the City's own Code requirement as represented the City of Santa Ana Metro East Mixed -Use Overlay Zone, Chapter 4.0 Development Standards, Section 4.8 Parking and Access, 3.d. Active Urban District. This aspect is illustrated by LLG's previous field studies of actual parking demand at existing sites similar to the project, in addition to parking demand/empirical ratio compilations from other sources. Table 2 presents a comparison of site development and parking ratios from various sources. The upper portion of Table 2 presents twelve (12) comparable sites in Fullerton, Orange, Santa Ana, Irvine, Costa Mesa, Monrovia, Laguna Niguel, and Pasadena. Additional detail for the comparable sites is also provided inclusive of the location, development summary, parking facility type, parking supply, presence of N:`37000 I637?? -'The Nladisou, Santa Ana Parking Sludy,Hcporl' 3753 She Madison Parking Study 10-3-17.doc 75A-52 Mr. Robert Bisno October 3, 2017 Page 4 ground floor retail, survey period, empirically derived peak parking ratio and peak hour, and the Saturday daytime peak parking ratio and peak hour. Table 2 indicates that the total number of apartments units for each site ranges from 142 units to 481 units and includes a unit mix of studios, one -bedroom units, two-bedroom units, and/or three-bedroom units. Parking facilities at these locations include parking structures, parking garages, and surface lots, with a combined parking supply for residents and the public/guests ranging from 223 spaces to 1,020 spaces. In addition to on-site parking, on -street parking is also available at two (2) of the facilities. More specifically, items 6 and 7 are mixed-use developments and have a retail component within their site similar to that which is proposed as part of the Project. Table 2 further indicates that parking demand surveys/observations were conducted on one to two "typical" weeknights (Tuesday, Wednesday, Thursday) at nine of the comparable sites, and on a Saturday at three of the sites. These survey time periods were selected for analyses because parking needs are the greatest during these times; more specifically, peak demand for residential uses typically occurs during weeknights compared to weekday daytime and weekend conditions. This parking demand characteristic is evident from the hourly parking profiles in the Shared Parking (2nd Edition) publication by the Urban Land Institute (ULI) that indicate 90% to 100% parking occupancy between 6:00 PM and 12:00 AM/midnight, and the Parking Generation (40' Edition) publication by the Institute of Transportation Engineers (ITE) that reports 92% to 100% parking occupancy between 10:00 PM and 6:00 AM for low/mid-rise apartments (the only residential type with this data), and that parking demand is greater during these weekday overnight hours compared to a Saturday condition. Based on these considerations, it is concluded that the empirical basis for the peak parking ratios reported on Table 2 coincides with, and is representative of, the absolute peak parking condition for each of the surveyed sites. The tenant and guest peak parking ratio (spaces per DU) for each of the twelve comparable sites under absolute peak conditions (occurring on a weeknight, as explained above) and Saturday daytime conditions (where available) are presented on Table 2. The array of absolute peak parking rates yields an average ratio of 1.35 spaces per unit, an 85th percentile ratio of 1.48 spaces per unit, and a 95th percentile ratio of 1.61 spaces per unit. Saturday parking ratios are less, and range between 0.97 and 1.13 spaces per unit, occurring from noon to 3:00 PM. Given that these sites are comparable in terms of apartment unit mix (i.e. one -bedroom, two-bedroom, three-bedroom, etc.) and seven (7) of the sites come within under 100 total units compared to the proposed Project, LLG concludes that the parking ratios derived from the twelve comparable sites are accurate representations for the unique N 3700`2J(,37» -I he Madison, Sau1a �naTarking Study'Rehoi I, M The N Iar ivun Parkins Study 10-3-1 Zdnc 15A-53 Mr. Robert Bisno October 3, 2017 Page 5 parking characteristics of the proposed Project that are not reflected in the City Code ratio. ITE's Parking Generation publication, and ULI's Shared Parking publication, as well as other reference materials for the cities of Ontario and Rancho Cucamonga, San Bernardino County, and Riverside County, provide peak parking ratios for apartment complexes, as summarized in the lower portion of Table 2. These parking ratios range from 1.37 .spaces per unit (average ratio per ITE for high-rise apartments similar to the Project) to 1.66 spaces per unit (field studies in Ontario and Rancho Cucamonga). In order to provide more context behind the location and parking -related characteristics for the most relevant sites in Table 2, we have compiled the following information with regards to land use setting, proximity to public transit, and availability of off-site parking (i.e., on -street spaces, nearby off-site parking spaces): Proiect/The Madison: 200 N. Cabrillo park Drive. Santa Ana There is no on -street parking or other public parking facilities in the immediate vicinity of the site. There are existing bus stops located nearby, specifically at the intersections of Cabrillo Park Drive/4a' Street and Cabrillo Park Drive/First Street. The Santa Ana Regional Transportation Center (SARTC) is located just under a mile to the northwest of the site, providing access to Amtrak, Metrolink, Orange County Transit Authority, intercity and interstate bus transportation, airport shuttles, and taxi services. The adjoining land uses to The Madison consist of mostly office and medical office buildings, with some residential scattered throughout. Main Street Village: 2555 Main Street. Irvine (1.42 spaces per DO There is no on -street parking or other public parking facilities in the immediate vicinity of the site. There are existing bus stops located nearby, specifically at the intersections of Siglo/Main Street and Jamboree Road/Main Street. The nearest Park & Ride lot is located about 1.5 miles to the southeast of Main Street Village, near the intersection of Culver Drive at Sandburg Way. The adjoining land uses to Main Street Village consist of mostly office and residential uses. Paragon at Old Town: 700 S. Myrtle Avenue. Monrovia (1.48 spaces per DO On -street parking is generally permitted in the vicinity of the site, most notably along Myrtle Avenue (north of Walnut Avenue), Olive Avenue, Walnut Avenue, and Ivy Avenue. The nearest existing bus stop is located at the intersection of Primrose Avenue/Walnut Avenue. An existing Park & Ride lot and Metro Light Rail station is located about 0.7 miles to the south of Paragon at Old Town, near the intersection of Myrtle Avenue/Duarte Road. The adjoining land uses to Paragon at Old Town consist of shopping/food uses to the north, residential uses to the east, and office/warehouse building to the south and west. N 370012163755 -'I he \-Iadison, Santa Ana' Parking Study Rennrt'3755 the Madison Parking Study 10.3-17.doc 75A-54 Mr. Robert Bisno October 3, 2017 Page 6 Trio Apartments: 44 N. Madison Avenue. Pasadena (1.22 spaces per DIS On -street parking is generally permitted in the vicinity of the site, most notably along Madison Avenue, Colorado Boulevard, and Union Street. Further, several paid public parking lots are located nearby, including on the west side of Madison Avenue and a few south of Colorado Boulevard. Existing bus stops are located at the intersection of EI Molino Avenue/Union Street, as well as various bus stops located Colorado Boulevard. An existing Park & Ride lot is located about 0.5 miles to the northwest of Trio Apartments, near the intersection of Marengo Avenue/Walnut Street. Further, existing Metro Light Rail stations are located at Lake Street/I-210 Freeway (about 0.5 miles from Trio Apartments) and near Raymond Avenue/Holly Street (about 0.5 miles from Trio Apartments). The adjoining land uses to Trio Apartments consist of mostly office and commercial uses. Adagio on the Green: 2660 Oso Parkway, Mission Vieio (1.45 spaces per DO There is no on -street parking or other public parking facilities in the immediate vicinity of the site. Existing bus stops are located nearby, specifically at the intersections of Country Club Drive/Oso Parkway and Marguerite Parkway/Oso Parkway. There is no Park & Ride facility in the nearby vicinity of Adagio on the Green. The adjoining land uses to Adagio on the Green consist of mostly residential uses, with a golf course to the north and south of Oso Parkway and some commercial uses. There is no on -street parking or other public parking facilities in the immediate vicinity of the site. The nearest existing bus stop is located at the intersection of Cabot Road/Crown Valley Parkway. An existing Park & Ride lot and Metrolink train station is located immediately east of the SR -73 Freeway, along Forbes Road (about 0.2 miles from Skye at Laguna Niguel). The adjoining land uses to Skye at Laguna Niguel consist of mostly residential uses, with commercial uses to the east. Apex Laguna Nuel: 27960 Cabot Road, Laguna Ninuel (1.28 spaces per DO There is no on -street parking or other public parking facilities in the immediate vicinity of the site. The nearest existing bus stop is located at the intersection of Cabot Road/Crown Valley Parkway. An existing Park & Ride lot and Metrolink train station is located about 0.3 miles to the southeast from Apex Laguna Niguel, along Forbes Road. The adjoining land uses to Apex Laguna Niguel consist of mostly residential uses, with commercial uses to the east. Based on the above descriptions of six existing sites, locational and parking -related characteristics are similar and comparable to the Project (i.e., not located in a TOD/Transit-Oriented Development, with no off-site parking nearby, which can reduce on-site parking needs), with their empirical parking demand ratios considered to be indicative of the Project's potential parking needs. The Project will be N: 3700'31e37i5-'I he Madison, Santa Ana Parking $mdy'RQ JI6$� hu ajatm Pnikinc Rudy 10.3-I7.doc Mr. Robert Bisno October 3, 2017 Page 7 providing a supply of 445 spaces, which, when divided by 260 dwelling units, corresponds to a parking supply ratio of 1.71 spaces per dwelling unit. This supply ratio of 1.71 spaces per dwelling units is 15% to 40% greater than the empirical ratios from the six comparable sites most similar to the Project. Project Parking Supply versus Demand The bottom portion of Table 2 estimates the project's parking needs based on the application of the average, 85th percentile, and 95' percentile parking rates from comparable sites. For the 260 units as now proposed, it is estimated that the average demand would be 351 spaces, the 85th percentile demand would be 385 spaces, and the 95th percentile demand would be 419 spaces. Comparing the 95th percentile demand of 419 spaces against the proposed supply of 445 spaces yields a surplus of 26 spaces. Residential guest parking will be shared with the retail component of the Project. Based on ULI's Shared Parking publication, the peak parking time periods for retail uses occur on weekends between 1:00 PM and 5:00 PM, which does not coincide or overlap with the residential peak parking demand occurring on weeknights during overnight hours. On a theoretical basis, the "standalone" parking requirement for the 6,561 -SF retail component of the Project would be 33 spaces (calculated based on the City Code ratio for retail of 5 spaces per 1,000 SF). Applying ULI hourly profiles (i.e., 0% at 12:00 AM/midnight on a weeknight, and 100% at 2:00 to 3:00 PM on a weekend) to this 33 -space requirement yields no spaces for a weeknight, and 33 spaces for the weekend, from a "shared demand" standpoint. This indicates that the retail component will not generate any overlapping demand with the residential guest parking during the late weeknight/overnight peak period. During the weekend/Saturday midday peak period for retail, up to 33 spaces for retail will need to be shared with residential guests. Comparing the 33 -space retail demand against the 53 guest parking spaces to be provided by the Project corresponds to a remainder of 20 spaces for residential guest use on weekend afternoons. The residential guest demand during weekend afternoons is estimated by applying an empirical ratio of 1.13 spaces per unit (the greatest Saturday afternoon ratio reported on Table 2) to 260 units, multiplying by 25% (City Code requirement for guest parking), then multiplying by 20% (the time -of -day factor per ULI's Shared Parking methodology), resulting in a residential guest demand of 15 spaces. Adding this 15 - space demand for residential guests to the 33 -space demand for retail yields a total demand of 48 spaces. Comparing the 48 -space residential guest and retail total N 37002to37ii -The Madison; Sana Ana Parking Smdy`Reron3755 The NI3dipnt Paikine Study 10-3-17.doc 75A-56 Mr. Robert Bisno October 3, 2017 Page 8 demand against the 53 guest parking spaces to be provided by the Project corresponds to a surplus of 5 spaces. Given these results, we conclude that the proposed parking supply of 445 spaces is adequate to accommodate the Madison Mixed -Use Development anticipated parking needs. PARKING MANAGEMENT PLAN To ensure adequate parking is provided for both guests and resident of the Project, it is recommended that a Parking Management Plan (PMP) be prepared that outlines the proposed allocation of on-site parking supply, along with key parking management strategies, to maximize the availability of parking for the various user groups associated with the Madison Mixed -Use Development project. Parking Management Plan Measures Subject to review by the Project proponent and the City, the PMP measures described below could be considered for implementation by the Project: ❑ The PMP should restrict residents from parking in non-resident spaces. ❑ The PMP should help develop the framework for a detailed parking agreements between the leasing office and the tenants. 1. Provide signage to indicate which spaces on the ground floor are to be assigned for prospective resident tenant or short-term parking for the retail component of the Project, as determined by the leasing office/property management company. 2. Provide signage to indicate that location and number of parking spaces allocated for resident guest usage; also identify that these spaces can also be used by patrons of the retail business. 3. Direct employees of the leasing office and retail business to use the unassigned parking spaces. 4. Provide signage at the resident vehicular gate on Level P1 to indicate "Resident Parking Only". 5. Establish a program which would require residents to register their vehicle (and provide their vehicles' license plate numbers), and pick up a gate card -key. They should be given written parking regulations and a parking map with key allocations to restrict them from parking in non-resident areas at any time, and require that they inform their guests where to park. 6. To maximize the use the Project's tandem (2°d access) spaces, 44 of the tandem spaces should be designated to each of the 44 two bedroom units, while 8 of the tandem spaces should be assigned to the 4 three bedroom units and 4 live/work units. The remaining 11 of the 63 tandem spaces should be made available and V3700 2163755 -1 he %Tadiwn, Smrta Ana Parking Smdy,Re)o 1'33755 The Madnni Parking Study 10-1-1 Zdoc 75A-57 Mr. Robert Bisno October 3, 2017 Page 9 assigned to specific units of the studio units and/or 1 bedroom units, as determined by the leasing office/property management company. SUMMARY OF FINDINGS AND CONCLUSIONS 1. The Madison Mixed -Use Development Project is proposing to construct a podium style apartment project consisting of up to 260 multi -family residential units and 6,561 square -feet (SF) of retail/commercial space in the Metro East Mixed -Use Overlay Zone of the City of Santa Ana. The project site is a 2.79 -acre vacant parcel of land that is located at 200 N. Cabrillo Park Drive. The proposed Project will include a total of 260 apartment homes consisting of 54 studio units, 143 one - bedroom units, 11 one -bedroom with loft units, 44 two-bedroom units, 4 three- bedroom units, 4 live/work units, and approximately 6,561 SF of ground floor retail space within two (2) suites over a two-level parking garage (plus subterranean level) with a total of 445 parking spaces. 2. This parking demand analysis validates that the proposed parking supply of 445 spaces is adequate to accommodate the parking needs of the Project. 3. Direct application of City of Santa Ana Metro East Mixed -Use Overlay Zone parking requirements to the proposed Project (260 DU) results in a total parking requirement of 520 parking spaces. With a proposed parking supply of 445 spaces, a code shortfall of 75 spaces is calculated. 4. Based on a comparison of parking ratios between twelve (12) sites within the cities of Fullerton, Orange, Santa Ana, Irvine, Costa Mesa, Monrovia, Laguna Niguel and Pasadena, a 95th Percentile "design -level' parking ratio of 1.61 was applied to the proposed 260 units which results in a parking demand of 419 spaces. With a proposed parking supply of 445 spaces, a surplus of 26 spaces is calculated. 5. Based on the above findings, we conclude that based on the application of the 95' Percentile "design -level' parking ratio of 1.61 derived from twelve (12) comparable sites, adequate parking would be provided on site to accommodate the proposed Project. 6. To ensure adequate parking is provided for both guests and resident of the Project, it is recommended that a Parking Management Plan (PMP) be prepared that outlines the proposed allocation of on-site parking supply, along with key parking management strategies, to maximize the availability of parking for the various user groups associated with the Madison Mixed -Use Development project. N: DOM 6375 - 1 he Madism, Sonia AmTaikino Sludy;Repo&3755 The \ladison Parking Study 10-3-17.doc 75A-58 Mr. Robert Bisno October 3, 2017 Page 10 We appreciate the opportunity to prepare this parking analysis for The Madison Mixed -Use Development. Should you have any questions or need additional assistance, please do not hesitate to call Shane Green or me at (949) 825-6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: Shane S. Green, P.E., Transportation Engineer III Attachments N^370(Y,21(,37SS-The 1Iadi5on, Santa Ana, Parking Study4(c,1 5,'I_z y�j.i on I'm king Study 10-3-17.doc TABLE 1 PROJECT DEVELOPMENT SUMMARY1 THE MADISON, SANTA ANA Land Use / Project Description Project Development Totals The Madison Mixed -Use Development ❑ Studio Units (603 SF Average) 54 Units ❑ 1 Bedroom Units (803 SF Average) 143 Units ❑ 1 Bedroom + Loft Units (803 SF Average) 11 Units ❑ 2 Bedroom Units (928 SF Average) 44 Units ❑ 3 Bedroom Units (1,600 SF Average) 4 Units ❑ 1 Live/Work Units (1,459 SF Average) 4 Units Total Residential Units: 260 Units Total Retail Space: 6,561 SF Parking Supply ❑ Resident Parking— 1" Access 329 spaces (includes 9 H/C) ❑ Resident Parking— 2nd Access/Tandem 63 spaces ❑ Guest Parking (includes 1 H/C spaces) 53 spaces Total Parking Supply: 445 spaces I Sowce: MVE+Partam, 7/28/2017. N."7100 2 1637i: _ f h, S,,tn Ain\Vp,L oc Spud. NaF n 1-55 1 k Xf.li- i VAinc, Sn.d, W-1-1 " d - 75A -60 TABLE 2 COMPARABLE SITE DEVELOPMENT AND PARKING RATIO SUMMARY THF MADISON. SAMA ANA Notes: [a] Source: ParkingDemmtdAnalysirfor the Proposed Fih Avemte/Mortingimt Drive Mixed -Use Project City of Monrovia,California, prepared by LLG,Oci2012 [b] Source: Parking SnrdyforAML7OrangeApar(men(Project, prepared by IBI Group, Nov. 2012 [c] Source: Parking Reform Made Easy, Richard W. Willson, 2013 [d] Source: Counts collected by LLG on December 2016. 75A-61 Tenant &Guest Tenant &Guest Peak Parking Saturday Ratio- Daytime Peak Parking Spaces per DU Parking Ratio Comparable Site City Address Develo ment Summary Facility Parking Su Iv Retail Survey Period Peak Hour Peak Hour 250 Unit Luxury Apartments 438 Spaces 1.75 1 Anton Residential Costa 580 Anton • 802 Bedroom Units Structure • Residents -330 sp. — —Peak How N/A ( ) _ Mid -Rise Building Mesa Boulevard , 170 Studio/l Bedroom Units • Guests - I08 s . 481 Unit Apartments 1,020 Spaces 2 Main Street Irvine 2555 Main • 265 1 Bedroom Units Structure •Residents - 647 sp . — Wednesday &Thursday 1.42 Village [a] Street • 200 2 Bedroom Units • Public/Guests - 173 sp. I OPM-12AM (Q 12:00 AM) • 16 3 Bedroom Units 279 Unit Apartments 3 279 Unit Complex Irvine _ • 2 Studio Units Gated 600 Spaces 600(Peak _ Tuesday 136 — •1621Bedroom Units Structure How N/A) • 115 2 Bedroom Units Unit Complex 403 Unit Apartments Gated Tuesday 1.29 4 [®b] Irvine — • 326 1 Bedroom Units structure 643 Spaces __ 6PM-IAM Hou (Peak Hour N/A) _ • 772 Bedroom Units Gated 460 Unit Complex 460 Unit Apartments Structure, Tuesday IA 5 IN Orange — • 2561 Bedroom Units Gated 784 Spaces -- 6PM-IAM (Peak Hour N/A) _ • 204 2 Bedroom Units Surface Lot 183 Unit Apartments Gated 1.1 6 183 Unit Complex Fullerton — • 129 1 Bedroom Units Residential 223 Residential Spaces Yes — (Peak Hour N/A) _ [b] • 542 Bedroom Units Structure 250 Unit Complex 250 Unit Apartments Gated 094 7 Santa Ana — • 108 1 Bedroom Units Residential 453 Residential Spaces Yes — (peak How N/A) _ [b] • 145 2-3 Bedroom Units Structure Paragon at Old 700S. 163 Unit Apartments Surface Lot 404 Spaces Wednesday & Thursday Y 1.48 8 Town [a] Monrovia Myrtle • 82 1 Bedroom Units On -Street •Residents -329 sp. — 6PM-12AM (Q 11:00 PM) _ Avenue • 913 Bedroom Units Parking • Public/Guests - 75 sp. 44N 304 Unit Apartments Surface Lot 480 Spaces 9 Trio Apartments Pasadena . Madison • 46 Studio Units On -Street • Residents -450 sp. — Wednesday & Thursday 1.22 — [z] • 141 1 Bedroom Units lOPM-12AM (Q12:00 AM) Avenue parking • Public/Guests-30 sp. • 117 2 Bedroom Units 512 Spaces Wednesday & Thursday 0.97 l0 Adagio on the Mission 26600so 256 Unit Apartments Garage, • Residents sp. — 7PM-2AM I.45 (Q :00 & Green [d] Viejo Parkway Surface Lot e is - ,publidGuests-88 sp. Saturday:l2PM-3PM, (Q 12:00 AM) 000 M) 3:00 PM) 7PM-2AM Wednesday & Thursday Skye at Laguna Laguna 28100 142 Unit Apartments 294 Spaces • Residents 240 7PM-2AM 1.49 1.07 11 Niguel [d] Niguel Cabot • 97 1 Bedroom Units Garage - sp. — Saturday: 12PM-3PM, (Q 11:00 PM) (Q 12:00 PM) Road • 45 2 Bedroom Units • Public/Guests - 54 sp. 7PM-2AM 284 Unit Apartments Wednesday & Thursday Apex Laguna Laguna 27960 • 32 Studio Units 539 Spaces 7PM-2AM L28 1.13 12 Niguel [d] Niguel Cabal • 16I 1 Bedroom Units Garage • Residents -461 sp. -- Saturday: 12PM-3PM, (Q 2:00 AM) (Q 3:00 PM) Road , 912 Bedroom Units •Public/Guests - 78 sp. 7pM-2AM Average: _ 135_ _ 85th Percentile: 1.4 8 95th Perentile: 1.61 Additional Parking Ratio References: ITE Parking Generation, 4th Edition Nigh -Rise Apartment Average: 137 85th Percentile: 152 ULI Shared Parking: Residential (Rental) Units 1.65 Field Studies in Ontario and Rancho Cucamonga Tel 1.58-1.66 American Community Survey (ACS) in Ontario [c] 1.62 Household Surveys in San Bernardino and Riverside c 1.45 Parking Calculation Using Empirical Rates Above(280 DUs for the Madison) Average Demand (135 x 280 DUs): 378__ _ 85th Percentile Demand (1.48 x DUs): _ 414 95th Percentile Demand (1.61 z DUs): 451 Notes: [a] Source: ParkingDemmtdAnalysirfor the Proposed Fih Avemte/Mortingimt Drive Mixed -Use Project City of Monrovia,California, prepared by LLG,Oci2012 [b] Source: Parking SnrdyforAML7OrangeApar(men(Project, prepared by IBI Group, Nov. 2012 [c] Source: Parking Reform Made Easy, Richard W. Willson, 2013 [d] Source: Counts collected by LLG on December 2016. 75A-61 :J L 0 4' _'II PHkyfd9 i UM eE N I ._NCS � r_ SL51= lli walF _ Nlinn4M F-. ly. �..� ISDN=�_ I w L_ r..—'Acnaao &1 SA tG.ry.SI N S6'SC� NG aM Ave u 1L ��-.._—I— --.NA'III . '�' — �-' Yortia Sty—r--I HtlglnS Dr.' f � yl � N :J L _ � WiI1maY SI _ '3 1 75A-62 z 2F i iE 0 4' _'II PHkyfd9 i UM eE N " lli walF _ Nlinn4M F-. ly. ��rl I w L_ H "NM-GapA � - SA tG.ry.SI N NG aM Ave u 1L ��-.._—I— NGiarA ' e _ � WiI1maY SI _ '3 1 75A-62 z 2F i iE 7 6 V N 75A-64 v Is I I i Iii I il x` ■ 1 di. Y•�ht �. " a�` if � •'�� 1Q n y a,r y f, 40 1t1r1 75A-66 n a: WeA HU5 JT2• j o 3a§— al — I 1epa�s� �r�rN� - - — - �� Y I i I, !! 111111 I iw.n �.33wEl:�i ;R.9 .1 �� ��i u�` 75A-66 n a 5 g 8 S i pY S a3l $ 5�� - Y 75A-67 75A-68 RESOLUTION NO. 2017-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING SITE PLAN REVIEW NO. 2016-03; DENYING VARIANCE NO. 2017-05 FOR REDUCED PARKING; AND, DENYING VARIANCE NO. 2017-06 FOR INCREASED SIDE YARD SETBACK ASSOCIATED WITH THE CONSTRUCTION OF A SEVEN - STORY MIXED-USE DEVELOPMENT WITH UP TO 260 UNITS FOR THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE 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. Robert Bisno with Cabrillo Community Partners, LLC (Applicant) is requesting approval of Site Plan Review No. 2016-03, Variance No. 2017- 05 (reduced parking), and Variance No. 2017-06 (increased side yard setback), to allow the construction of a seven -story mixed-use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. C. The Metro East Mixed Use (MEMU) Overlay Zone (OZ) was adopted in 2007 as a result of interest in developing mixed-use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed-use residential communities, live/work units, hotels, and offices. D. Sections 41-595.4 and 41-595.5 of the Santa Ana Municipal Code (SAMC) require a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. E. Pursuant to the MEMU Overlay Zone Section 8.1, the Planning Commission is authorized to review and approve all site plan review applications to ensure that buildings, structures, and grounds will be in keeping with the F=:/:IIAYi-1 Resolution No. 2017-46 Page 1 of 3 75A-69 compatibility standards and design principles of the MEMU Overlay Zone and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) in the Active Urban sub -zone. G. The Planning Commission determines that upon review of the project, it cannot recommend granting the Site Plan Review approval as proposed pursuant to Section 8.2 of the MEMU overlay district and determines that the following finding has been established for Site Plan Review No. 2016- 03: 1. That the land use, site design, and operational considerations in the proposed development plan have not been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. Based upon public hearing testimony and the two proposed variances, the site design could have the potential to cause negative parking and traffic impacts upon surrounding properties and development. H. The Planning Commission determines that all of the findings required for granting Variance No. 2017-05 pursuant to SAMC 41-638 could not be made. Instead, the Planning Commission determines that the following finding has been established for Variance No. 2017-05 (reduction in parking): 1. That the granting of the variance will be detrimental to the public welfare or injurious to surrounding property. The site does not meet minimum parking requirements. Based upon public hearing testimony and the proposed variance for reduced parking, the project may potentially negatively impact traffic flow and impact neighboring properties resulting in a detriment to the public. I. The Planning Commission determines that all of the findings required for granting Variance No. 2017-06 pursuant to SAMC 41-638 could not be made. Instead, the Planning Commission determines that the following finding has been established for Variance No 2017-06 (increased side yard setback): 1. That there are no special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings. The strict application of the zoning ordinance is not found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the Zoning Code. Resolution No. 2017-46 Page 2 of 3 75A-70 Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies Site Plan Review No. 2016-03, denies Variance No. 2017- 05 for reduced parking, and denies Variance No. 2017-06 for increased side yard setback. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. DENIED this 11" day of December 2017 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney ALDERETE, BACERRA, MCLOUGHLIN, VERINO (5) MENDOZA, NGUYEN (2) Mark McLoughlin Chairman CONTRERAS-LEO, CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and Resolution No. 2017-46 to be the original resolution adopted Commission of the City of Santa Ana on December 11, 2017. Date: Recording Secretary City of Santa Ana 75A-71 certify the attached by the Planning Resolution No. 2017-46 Page 3 of 3 75A-72 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 1. OWNER/APPLICANT APPEAL APPLICATION Applicant CABRILLO COMMUNITY PARTNERS, LLC R00Ff(tB6\O Full name of Person, Firm, or Corporation ( 310 ) 277-3787 Melling Address Area Code Phone No. Legal Owner Name: CAMUO( MUNIWFARTR 3.=(AM:R RTBISRU) Legal Owner Address: 9255 W. SUNSET BLVD. SUITE 920 LOS ANGELES, CA 90069 Phone No.: (310 ) 277-3787 It. PROPERTY INFORMATION Fax: ( Land Use VACANT LAND METRO EAST OVERLAYZONE ACTIVE URBAN DISTRICT Existing Land Use of Property and/or Building Zoning District General Plan Designation Location-KCASIOLLOPMDO .S AM&Q& N.GBRx OPARGOAr6Ef5TS REE Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REASON111. • In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) APPEALING THE DECEMBER 11, 2017 PLANNING COMMISSION DENIAL OF SITE PLAN REVIEW NO. 2016-03 AS CONDITIONED, VARIANCE NO. 2017-05 AS CONDITIONED & VARIANCE NO. 2017-06 AS CONDITIONED. WE APPEAL BASED UPON THE FOLLOWING: (1) OBLIGATION TO OCFA SETBACK REQUIREMENT FORCING SETBACK VARIANCE (2) ECONOMIC NECESSITY FOR PARKING VARIANCE (3) SUFFICIENT PARKING CAP,f2 ALL ATTACHED TO Applicant's Signature: emVmlr-frmrappeat N Date: 12/20/2017 APPEAL APPLICATION NO. ZD I 1 -S-AP C— I *A: I 1:] 119101 i I*A:II:]119103 Page 1 of 9 75A-73 IRVINE 1900 Main Street. Suite 8D0 Irvine, California 92614 MVE T 949.809.3388 + P A R T N E R S www. nnve-architects.conn To: Santa Ana City Councilmembers From: MVE+Partners (on behalf of Applicant Robert H. Bisno) Date: December 20, 2017 Re: The Madison Mixed Use Community LOS ANGELES 888 S. Figueroa Street, Suite 2170 Los Angeles, California 92604 T 213.805.7600 200 North Cabrillo Park Drive, Santa Ana, California - Obligation to OCFA Setback Requirement Forcing a Setback Variance - Sufficient Parking Capacity & Economic Necessity of a Parking Variance To Permit Development On The Property With No more Than 1.8 Parking Spaces Per Unit (468 total parking spaces) Obligation To OCFA Setback Requirement Forcing Setback Variance The proposed project attempts to amend an existing Planning Commission & City Council approval (April 2015) which allows 217 residential units and 441 parking stalls at 200 N. Cabrillo Park Drive. Beginning September 2016, The Applicant began re -designing the project to include 280 residential dwelling units and 500 parking stalls. The Applicant worked with Planning Staff and OCFA to retain much of the original design intent and quality, building footprint, residential character and fire department emergency access. On June 13, 2017, Orange County Fire Authority (OCFA) denied various Alternative Means & Methods (AM&M) in lieu of Fire Department Access. Up until that date, The Applicant spent approximately ten months negotiating currently approved AM&M to be applied to the proposed design. Ultimately, OCFA declared 100 percent perimeter access to the proposed design was required. A copy of OCFA's formal response is attached to this appeal application. This OCFA fire access obligation required a 20ft wide fire lane (plus an additional 10ft ladder setback) to the South and West borders of the proposed project. The total 30ft setback forced a re -design of the entire building, both above and below grade. The result is the proposed project before you, (20 fewer units and new garage plans at all levels). The new garage plan forced a full subterranean parking plan, maximizing the parking at 468 parking stalls (1.8 parking ratio). Sufficient Parking Capacity The proposed development at 200 N. Cabrillo Park Drive provides 468 parking spaces, which support a ratio of 1.8 parking stalls per unit. This parking ratio provides a sufficient parking ratio to a diverse grouping of residential dwelling unit types. These 75A-74 2017-1220_PC Appeal_ liemol 12/20/2017 Page 2 MVE + P A R T N E R S dwelling unit types include Studios, One -Bedroom, One -Bedroom plus Loft, Two - Bedroom, Three -Bedroom and Live/Work unit types. The 468 parking stalls include 53 stalls that are shared amongst the potential residential guests and retail patrons. These 53 parking spaces are located on the ground floor and will be reserved for guests and shared with the two on-site modestly sized retail tenants. The remaining 415 parking spaces will be solely devoted to the 260 residential units. Below is a breakdown of how the 415 residential parking stalls are being allocated towards the 260 residences. PARKING BREAKDOWN BY UNIT TYPE STUDIO 1BDR/1BA (1 SPACE) (1 SPACE) 54UNITS 51UNITS = 54STALLS = 51 STALLS 1BDR/1BA (2 SPACES; NON -TANDEM) 82UNITS = 164STALLS 1BID R/1BA (2 SPACES; TANDEM) 11UNITS = 22STALLS 1BDR+LOFT 2 SPACES: TANDEM 11UNITS = 22STALLS 213DR/213A (2 SPACES; TANDEM) 43 NTS = 86STALLS 3BA/2BA (2 SPACES; TANDEM) 04UNITS = 08STALLS LIVE/WORK (2 SPACES: TANDEM) 04UNITS = 08STALLS TOTAL RESID. PARKING PROVIDED 260UNITS = 415STALLS The analysis above highlights the fact that unit mix is an important aspect of parking ratios and having only a 20% ratio 2Bdr/3Bdr/Live-Work units does not require a 2.0 parking ratio to sufficiently park all appropriate unit types. The analysis above also illustrates the proposed proiect dedicates two parking spaces to 155 residences (60% of total residential units). Within these 155 residences, 104 one -bedroom units are allocated two parking stalls. The remaining 105 residences (studio and one - bedroom units) would be provided with one parking space. According to Metro East Mixed -Use Overlay Zone Section 4.8(A)(3)(c) "Mixed-use Developments with less than 10 percent of the gross Floor area devoted to a commercial activity: A minimum of 2.0 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses." The Metro East Mixed -Use Overlay Zone is currently undergoing internal staff discussion and a "technical review" to consider alternatives to the current 2.Ostalls per unit parking requirement. One of the alternative options to replace the current parking requirements include a 1.8 parking ratio over the entire MEMU Overlay Zone. Further information from Planning Staff was provided to Santa Ana Planning Commission on both November 27th & December 11th public hearings. On December 11, 2017 Santa Ana 75A-75 2017-1220_PC Appeal_Memot 12/2012017 Page 3 + P A R T N E R S Planning Staff supported and recommended the approval of the proposed project (based upon a 1.8 parking ratio) to the Planning Commission. Below are examples of parking requirements for neighboring jurisdictions: - City of Irvine o Studios 1.00 parking stalls per unit 0 1 Bedrooms 1.40 parking stalls per unit 0 2 Bedrooms 1.60 parking stalls per unit 0 3 Bedrooms 2.00 parking stalls per unit o Guest Parking 1.00 stall for every 4 units o The Madison equivalent totals: 421 stalls = 1.62stallslunit - City of Huntington Beach (Mixed -Use District) o Studios 1.00 parking stalls per unit 0 1 Bedrooms 1.00 parking stalls per unit 0 2 Bedrooms 2.00 parking stalls per unit 0 3 Bedrooms 2.50 parking stalls per unit o Guest Parking 1.00 stall for every 5 units o The Madison equivalent totals: 365 stalls=1.40stalls/unit - City of Anaheim (Platinum Triangle) o Studios 1.25 parking stalls per unit 0 1 Bedrooms 1.50 parking stalls per unit 0 2 Bedrooms 2.00 parking stalls per unit 0 3 Bedrooms 2.50 parking stalls per unit o Guest Parking N/A o The Madison equivalent totals: 405 stalls=1.56stallslunit - City of Long Beach 0 0 Bedrooms (not more than 450sgft) 1.00 parking stalls per unit. 0 1 or more Bedrooms 1.50 parking stalls per unit. 0 2 Bedrooms or more 2.00 parking stalls per unit. o Guest Parking 1.00 stall for every 4 units o The Madison equivalent totals: 454 stalls=1.75stalls/unit The neighboring jurisdictions above support comparable parking ratios. In addition to providing a parking ratio that is regionally supported, The Applicant has attempted to be responsive to traffic impact concerns from the southern neighbor (Xerox Center Tower). The proposed 1.8 parking ratio not only provides ample parking per the proposed unit mix, but slightly increases the total parking above what is currently entitled. It is worth noting the approved entitlement allows The Applicant to pursue 441 parking stalls on this site (approved by Santa Ana Planning Commission April 13, 2015). The proposed project 75A-76 2017-1220_PC Appeal_tvlernol 12/20/2017 Page 4 -I- PARTNERS (468 parking stalls) provides 27 parking stalls above the existing entitlement. Resulting in a 6 percent increase over the existing entitlement. Economic hardship would be incurred in providing additional parking and another subterranean level. The economic hardship is detailed below. Economic Necessity For Parking Variance The proposed development of the Madison's 260 units requires a parking ratio of no more than 1.8 parking spaces per unit (a total of 468 parking spaces) to be economically viable. A parking ratio of no more than 1.8, or 468 total spaces is a complete economic necessity for the property to be developed as requested. It is difficult to develop on the property for several reasons, including the property's lack of accessibility to the 5 freeway and being surrounded on two sides by large office buildings. Thus, "Podium Parking" (parking that is directly under the above grade structures as compared to parking that is beside the above grade structures) is necessary. This is an extremely expensive way to park but results in an increased number of units compared to other parking designs, thus increasing City fees and overall economic activity. It is also seen by residents and guests as creating a superior design. Other property owners and third -party developers have thoroughly reviewed alternatives to develop the property and all have concluded that to provide an economically viable apartment community, the parking must be under the building, as opposed to a separate above grade parking structure. Of note, the cost of parking is shown in the marketplace as being a significant deterrent to the development in the area. Specifically, there have been no apartments with Podium Parking in this area. Across the street, the apartment community known as Nineteen 0 1, has separate above grade parking, and importantly, this parking existed at the time the developer, Lyon Communities, purchased the property, so no additional parking cost was necessary for the projects viability. Additionally, the nearby Colton office park, on Cabrillo Park Drive, recently fell out of escrow as the party proposing to purchase the property, Lincoln Property Company, was unable to bankroll a viable apartment community. While there has been talk of other developments in the immediate neighborhood this talk is nothing more than lines on paper as there is no demonstration of a viable apartment community that can be developed in the subject neighborhood with Podium Parking of more than 1.8 per unit and, in fact, there is no development in the subject neighborhood of any apartment development with Podium Parking at any level. 75A-77 2017-1220_PC AppealMemo1 12/20/2017 Page 5 MW + P A R T N E R S The Applicant urges you to review the proposed project in relation to the above appeal. The Applicant also asks your consideration of Santa Ana Planning Staffs Recommendation of Approval to the Planning Commission. We have provided Santa Ana Planning Staff with adequate traffic and parking analyses, plans, sections and diagrams of the proposed project. 75A-78 memo To: Santa Ana City Councilmembers From: Robert H. Bisno Date: December 20, 2017 Re: The Madison Mixed Use Community 200 North Cabrillo Park, Santa Ana, California Economic Necessity Of A Parking Variance To Permit Development On The Property With No More Than 1.8 Parking Spaces Per Unit (468 total parking spaces) As members of the Council know, I am a real estate developer and have been so for many years. I have developed in Santa Ana (City Place) and many other communities. Developments I have participated in include developments with parking of all types from multi-level fully underground parking to parking on grade to above grade parking structures. I have reviewed the rental market for 200 N. Cabrillo Park Drive, Santa Ana, California (the ('Property") and am familiar with construction costs in the Orange County area. Additionally, I have consulted other real estate developers doing business in Orange County and throughout California to determine the viability of Podium Parking at more than 1.8 parking spaces per unit (468 parking spaces in total) for the subject property. "Podium Parking" in this memorandum is parking in a concrete structure under residential units, as opposed to parking in a separate structure. Podium Parking is significantly more costly than parking in a separate structure (often called "Wrap° parking, as the residential units wrap, so to speak around the parking). Podium Parking provides a more desirable living environment and allows more residential units per acre, increasing city revenues. I have not spoken to any developer who believes they could profitably develop a Podium Parking apartment or mixed use community on the Property if they were required to build greater than 1.8 parking spaces per unit, unless significant other concessions were received, such as reduction or elimination of fees to the City or less than market financing, tax credits or similar incentives. Most importantly, constructing more parking is a waste of resources and not required to properly operate our proposed community. Page 7 of 9 75A-79 z This demonstrates that there is an economic necessity for a parking variance allowing the development of the Madison mixed use community with a parking ratio of no more than 1.8 parking spaces per unit. I note that nowhere in the neighborhood of the Property has any developer actually developed any of the more desirable and revenue generating (for the City) Podium Parking product. Page B of 9 75A-80 ORANGE COUNTY FIRE AUTHORITY Community Risk Reduction Department A O. Box 57115, Irvine, CA 92619-7115 - I Fire Authority Road, Irvine, CA 92602 Planning and Development Services • www.ocfa.org • (714) 573-6100 /Fax (714) 368-8843 CORRECTION NOTICE June 14, 2017 Project: OCFA Service Request SR 213755 The Madison 200 N. Cabrillo Park Drive STA Reviewed by: Ruben Colmenares, FPA, rubencolmenares@ocfa.org 714-573-6118 Service Code: PR14S, Fire Master Plan (FMP) PR 910, Alternate Materials and Methods Request (AM&M) The plans submitted for the project referenced above have been reviewed. The information or corrections identified below are needed to demonstrate compliance with 2016 California Fire and Building Codes (CFC/CBC), adopted standards and guidelines, and policies and best practices utilized by OCFA. ADMINISTRATIVE AND PLAN PROCESSING Fees Plans were submitted under service code(s) PR145 and PR910. This project incurred additional staff time and resources beyond the base fees. Additional fees for time and materials of HOSE PULL & BUILDING ACCESS Fire Department Access Per CFC 902.2.1, all portions of the perimeter of the first story of all newly constructed buildings shall be located within 150 feet of a fire apparatus roadway or public way as measured along a route simulating the path of a firefighter. Currently, portions of the rear of the proposed building exceed this "hose pull" distance. Approximately one third (330 feet at the rear) of the proposed structure exceeds this distance and is "out of access." OCFA Guideline B-09. Alternate Materials and Methods The intent of Section 503 (Fire Apparatus Access Roads) is to provide the first responders with sufficient access to buildings to enable efficient fire suppression and rescue operations. While the proposal provided a variety of building features, it did not provide an equivalency to meet the intent of Section 503. The proposed alternative mitigation method (AM&M) was evaluated by multiple levels of the OCFA's staff. It has been determined that based on the additional mitigation measures proposed (standpipes, drywall, rooftop bridge, compartmentation, etc.) that an acceptable equivalent in lieu of fire access was not established. Summary Using the 2016 CBC, taller, sub high-rise, combustible construction (wood framed) buildings are allowed by code. To the extent possible, this specific design utilizes maximum allowances of the code for allowable height, number of floors and areas; including exceptions to gain mezzanine level living areas. While all of these features are permitted, during an actual fire incident, fire protection of taller wooden buildings and surrounding exposures to other buildings inherently requires more intensive and elaborate exterior fire ground staging. This means additional emergency response vehicles on -scene. Furthermore, the ability to get fire ladder truck apparatus around the building's exterior to effect emergency and rescue services to the uppermost portions of the building above the third floor to perform various fire tactics and operations such as rooftop ventilation, is standard operations for emergency personnel. It should be stated that ground ladders are ineffective past 35 feet and therefore in accordance with our internal standards and the California Fire Code minimums, the requirements for fire access roads are essential. Sming ltrc Oros oL Alm Vop • Henan Part Cypress • Da. Pm • Wine • Laguna Hills • lagena Niguel • lag. 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' ' �y ( 7F a n q$ •� J{1 i ` a - a`E U a 75A-91 SI F 'w L, I�'� ,.. �.•: ', � 1� 11 � Y 1121 Y v •.y .t_f l'�u. ;~ k _ 1 � v. w g rat ®1 ®1 v ME ml I L, I ,u /'L'mJa LjC_I 'lC I `J( la -v _ _ J M4 al ®Y 0 a THE MADISON SANTA ANA, CA DRAFT ECONOMIC IMPACT AND GENERAL FUND FISCAL REVENUE ANALYSIS Prepared for: CABRILLO COMMUNITY PARTNERS, LLC Prepared by: THE NATELSON DALE GROUP, INC. 24835 E. La Palma Avenue, Suite I Yorba Linda, CA 92887 Telephone: (714) 692-9596 Fax: (714) 692-9597 Web: www.natelsondale.com January 15, 2018 I4:/:II--]Ill III =1 75A-95 SECTION TABLE OF CONTENTS PAGE 1.0 INTRODUCTION............................................................................................ 1 1.1. Organization of the Report ......................................................................1 1.2. Scope of the Study.................................................................................1 1.3. Project Description.................................................................................2 1.4. Categories of Regional Economic Benefits Considered in the Study...............3 1.5. Study Methodology.................................................................................4 2.0 EXECUTIVE SUMMARY.................................................................................. 5 2.1. Short-term (Construction) Impacts to Regional Economy ............................5 2.2. Permanent Impacts to Regional Economy..................................................6 2.3. Fiscal Revenue Impacts...........................................................................7 3.0 CONSTRUCTION IMPACTS TO LOCAL ECONOMY ........................................... 9 3.1. Industry Output and Value Added.............................................................9 3.2. Jobs Created and Employee Compensation................................................9 4.0 ONGOING ECONOMIC BENEFITS TO LOCAL ECONOMY ................................ 12 4.1. Industry Output and Value Added...........................................................12 4.2. Jobs Created and Employee Compensation..............................................12 5.0 ANNUALLY RECURRING FISCAL REVENUE IMPACTS TO CITY'S GENERAL FUND.......................................................................................................... 15 5.1. Property Taxes..................................................................................... 15 5.2. Sales Taxes.........................................................................................15 Appendix A: Derivation of Inputs for IMPLAN Model — Construction Phase Appendix B: Derivation of Inputs for IMPLAN Model/Fiscal Revenue Projections—Ongoing Benefits Appendix C: IMPLAN Model Glossary 75A-96 TABLE LIST OF TABLES PAGE Table 1-1: Summary Project Description (Residential Component) —The Madison....................................2 Table 1-2: Summary Project Description (Commercial Component) —The Madison...................................2 Table 2-1: Summary of Construction Phase Impacts (Sum of Direct, Indirect, and Induced) The Madison 6 Table 2-2: Summary of Ongoing Impacts (Sum of Direct, Indirect, and Induced) The Madison..................7 Table 2-3: Summary of Annually -Recurring Fiscal Revenue Impacts to City's General Fund The Madison.8 Table 3-1. Summary of Economic Impacts by Impact Category, CONSTRUCTION PHASE The Madison.... 10 Table 3-2: Top 10 Industries Affected in Terms of Employment, City of Santa Ana The Madison ............ 11 Table 3-3: Top 10 Industries Affected in Terms of Employment, Orange County The Madison................11 Table 4-1: Summary of Economic Impacts by Impact Category, ANNUALLY -RECURRING The Madison ...13 Table 4-2: Top 10 Industries Affected in Terms of Employment, City of Santa Ana The Madison.............14 Table 4-3: Top 10 Industries Affected in Terms of Employment, Orange County The Madison................14 Table S-1: Projected Annually -Recurring Property Tax Revenue — City of Santa Ana The Madison ..........15 Table 5-2: Projected Annually -Recurring Sales Tax Revenue — City of Santa Ana The Madison................16 75A-97 1.0 INTRODUCTION 1.0 INTRODUCTION This report evaluates the regional economic benefits that would result from construction of the proposed The Madison mixed-use development in the City of Santa Ana, California. The proposed development includes 260 units - consisting of a mix of studio, live/work, one-, two-, and three-bedroom apartments — along with ground floor retail space (6,561 square feet). The economic impact analysis focuses on city -level and regional (i.e., county -wide) economic benefits that will be generated during the construction phase of the project, along with annually -recurring benefits resulting from new residents' spending on local retail goods and services and management/operation of the apartment complex. These economic benefits are quantified in terms of the number of jobs created, the total wage/salary income associated with these jobs, and the overall volume of economic output (i.e., total business activity) supported by the project. Along with regional economic benefits, this analysis also evaluates annually -recurring fiscal revenue impacts to the City's General Fund. 1.1. Organization of the Report This introduction summarizes the project description and describes the scope of the study. Chapter 2 provides a brief summary of the project's City -level and regional economic benefits, which include the short-term economic impacts related to construction of the project, along with the ongoing impacts resulting from new residents' local expenditures and management/operation of the apartment complex. In addition to the regional economic benefits, this section also summarizes the project's fiscal revenue impacts to the City's General Fund. Chapter3 provides further details on the construction -related economic impacts, while Chapter 4 provides further details on the ongoing economic impacts. Chapter 5 provides additional detail on the projection of fiscal revenues to the City's General Fund. Appendix A provides documentation of the construction -phase data inputs used in the economic impact analysis. For the ongoing benefits generated by the new residents and management/operation of the apartment complex, Appendix B provides documentation of the resident -spending assumptions and data inputs used in the analysis. Finally, Appendix C provides a glossary of the economic impact measures evaluated in this analysis. 1.2. Scope of the Study The analysis considers direct economic impacts (e.g., on-site for the construction -phase) as well as indirect and induced, or "multiplier', benefits in the City and in the remainder of Orange County. The analysis estimates the following types of economic impacts: • Construction -phase impacts o Direct construction employment by year forthe project build -out period o Direct construction payroll o Indirect/induced (i.e., "multiplier') jobs and payroll o Other construction -related benefits (i.e., local spending) THE NATELSON DALE GROUP, INC. DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-98 Page 1 1.0 INTRODUCTION Ongoing; (permanent) impacts o Employment generated by new resident spending, the ground floor retail space, and overall property management of the apartment complex o Direct payroll for new jobs o Indirect/induced (i.e., "multiplier") jobs and payroll o Direct and indirect/induced economic impacts (i.e., dollars spent in local and regional economies) Along with economic impacts, the analysis evaluates the annually -recurring fiscal revenue impacts to the City's General Fund. All projections provided in this report are expressed in 2018 "constant" dollars (i.e., not escalated for future inflation). 1.3. Project Description Table 1-1 and Table 1-2, below, provide a summary of the proposed development, including average annual rent per unit and average household income project households and estimated annual retail sales associated with the ground floor retail space. Table 1-1: Summary Project Description (Residential Component) —The Madison Apartment Unit Total rm Annual Rent Per Rent as a Share of Unit Income* $29,892 0.35 Avg. Household Income $85,407 *Average household income estimate assumes monthly rent accounts for 35% of monthly income. The applicant has indicated that they qualify renters at 35% of gross income, but that the average renter will likely fall into the 23%-28% range. Relying on the higher income factor provides for a more conservative analysis, in that it yields a lower average household income estimate. Average household income estimates are used to derive resident spending patterns (see Sections 4.0 and 5.0), with higher household incomes correlating with higher resident spending. Source: Applicant; TNDG Table 1-2: Summary Project Description (Commercial Component) —The Madison Sq. Ft. of Ground Sales per Sq. Ft Estimated Annual Floor Retail Space of Space Sales 6,561 Source: Applicant; TNDG $300 $1,968,300 THE NATELSON DALE GROUP, INC. Page 2 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-99 1.0 INTRODUCTION 1.4. Categories of Regional Economic Benefits Considered in the Study The proposed project will generate the following types of economic benefits in the City and regional economy: Direct Benefits — Direct benefits relate to: a) short-term business activity of general contractors and associated business (architecture services, engineering services, etc.) involved in the project construction and b) the ongoing local spending by new residents and expenditures to managing the apartment complex. Indirect Benefits— Indirect benefits will result when local firms directly impacted by the project in turn purchase materials, supplies or services from other firms. Examples would include increased sales of building materials as a result of construction activity, along with purchases of local goods and services associated with managing and operating the apartment complex. Induced Benefits— Induced benefits relate to the consumption spending of employees of firms that are directly or indirectly affected by the project. These would include all of the goods and services normally associated with household consumption (e.g., housing, retail purchases, local services, etc.). Based on construction cost data provided by the applicant, all construction -phase direct benefits are tied to construction -related expenditures within the City and the County; impacts from construction - related expenditures made outside of the County (e.g., loan fees, interest, marketing, etc.) are not evaluated in this analysis. The analysis quantifies the above benefits in terms of the following measures: • Total industry output—The increase in gross industry receipts, representing the total economic activity generated by the construction phase and from local spending by new residents. For local retailers, output equals gross margin and not gross sales. • Value added —The portion of total output that most accurately reflects local economic activity (i.e., local payrolls, profits, taxes, as distinct from gross output which includes the value of intermediate goods [construction raw materials] purchased outside the region) • Jobs — expressed in this analysis in terms of full-time and part-time employees lasting one year • Employee Compensation —associated with the created jobs As discussed further below, these are the categories of benefits evaluated by the economic modelling software used for this analysis. Appendix C (glossary) provides additional technical definitions of these economic benefit categories. Employee compensation includes total payroll cost of the employee paid by the employer. This includes wage and salary, all benefits (e.g., health, retirement) and payroll taxes (both sides of social security, unemployment taxes, etc.) THE NATELSON DALE GROUP, INC. DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-100 Page 3 1.0 INTRODUCTION 1.5. Study Methodology This analysis used the IMPLAN (Impact Analysis for Planning) economic impact modeling software to evaluate the project's one-time construction impacts, along with ongoing impacts resulting from new resident local spending=. This software is classified as an "Input -Output" (IO) model that computes all of the economic impacts of industries in a user -defined region (in this case, the City of Santa Ana and Orange County), including the estimated local expenditures of employees of both project -direct and supplier firms. The current version of the IMPLAN model divides the economy into 526 sectors that correspond to 4 -digit and 5 -digit NAICS codes'. For construction activity, the IMPLAN modeling system relies on data from the compiled U.S. Census Bureau instead of the NAILS system. The report appendix documents all of the assumptions used in this analysis to translate project -specific data into IMPLAN model inputs. As shown in Appendix A, construction -related impacts are based on anticipated construction values provided by the applicant. These construction values were matched to the appropriate IMPLAN construction sector for the impact analysis. Ongoing (permanent) impacts are based on new resident spending (on local retail goods and services), along with expenditures related to management/operation of the apartment complex, as shown in Appendix B. The tables in Appendix B also show the assumptions used to estimate new residents' household income levels and associated local spending on retail goods and services. It should be noted that the analysis treats resident -related spending as "new" spending in the City and in the County. Although some residents at the proposed apartment complex may already reside in another location in the City or County, by moving these residents would create an occupancy that would be filled by new households in the City or County. Thus, the treatment of residents' local spending as net increases in sales in the City and County is a valid assumption for purposes of the analysis. ' This model was developed by researchers at the University of Minnesota and is widely used in economic impact analysis throughout the Country. J As excerpted from the U.S. Census Bureau's website, the North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. The NAICS system is hierarchical in each level of the system provides an aggregation of detail at the next lower level. For example, there are 20 2 -digit industry groups that are further subdivided into 99 3 -digit industry groups. Further disaggregation continues to the 6 -digit level, which includes 1,175 disaggregated industries. THE NATELSON DALE GROUP, INC. Page 4 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-101 2.0 EXECUTIVE SUMMARY 2.0 EXECUTIVE SUMMARY 2.1. Short-term (Construction) Impacts to Regional Economy This section provides a summary of the project's construction -phase impacts to the City and Orange County. The summary includes the sum of all direct, indirect, and induced impacts, as shown on Table 2-1 on page 6. The total construction -related impacts would include the following: Output: At buildout the project's one-time construction activities would generate approximately $98.9 million in total economic activity in the City, through direct, indirect, and induced impacts. In addition, the project would generate approximately $15.3 million in total economic activity in the remainder of the County. Thus, the project would generate approximately $114.2 million in total economic activity in Orange County. Value Added: At buildout the project's one-time construction activities would generate approximately $65.9 million in total value added in the City, through direct, indirect, and induced impacts. In addition, the project would generate approximately $10.5 million in value added in the remainder of the County. Thus, the project would generate approximately $76.4 million in total value added in Orange County. Employment: At buildout the project's one-time construction activities would generate approximately 584 jobs in the City, through direct, indirect, and induced impacts. In addition, the project would generate approximately 93 jobs in the remainder of the City. Thus, the project would generate about 677 total jobs in Orange County°. Employee Compensation: At buildout the project's one-time construction activities would generate approximately $31.7 million in total employee compensation in the City, through direct, indirect, and induced impacts. In addition, the project would generate approximately $4.4 million in total employee compensation in the remainder of the County. Thus, the project would generate approximately $36.1 million in total employee compensation in Orange County'. As noted above, this total includes both part- and full-time employees. Based on factors provide in the IMPLAN model, the construction phase would generate approximately 626 full-time equivalent (FTE) jobs in the County. ' Employee compensation is a "fully loaded" payroll estimate, including all benefits (e.g., health, retirement) and payroll taxes (both sides of social security, unemployment taxes, etc.). Based on factors provided in the IMPLAN model, the project would generate approximately $30.2 million in salaries/wages in Orange County. THE NATELSON DALE GROUP, INC. Page 5 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-102 2.0 EXECUTIVE SUMMARY Table 2-1: Summary of Construction Phase Impacts (Sum of Direct, Indirect, and Induced) The Madison City Remainder of County Impact Category Total County Total Output (OOOs) $98,940 $15,296 $114,236 Value Added (OOOs) $65,912 $10,512 $76,424 Employment 584 93 677 Employee Compensation (OOOs) $31,729 $4,355 $36,084 Source: TNDG; IMPLAN 2.2. Permanent Impacts to Regional Economy This section provides a summary of the permanent benefits to the City and Orange County. These benefits would result from local spending (i.e., in the City and in remaining areas of the County) by new residents, along with expenditures associated with managing/operating the apartment complex. The summary includes the sum of all direct, indirect, and induced impacts, as shown on Table 2-2 on the following page. The permanent impacts would include the following: Output: On an annual basis, new residents and the apartment complex would generate approximately $8.2 million in total economic activity in the City, through direct, indirect, and induced impacts. In addition, these two sources would generate approximately $1.7 million in total economic activity in the remainder of the County. Thus, the project would generate approximately $9.9 million in total economic activity in Orange County on an annual basis. Value Added: On an annual basis, new residents and the apartment complex would generate approximately $5.5 million in total value added in the City, through direct, indirect, and induced impacts. In addition, these two sources would generate an additional $1.1 million in value added in the remainder of the County. Thus, the project would generate approximately $6.6 million in total value added in Orange County on an annual basis. Employment: On an annual basis, new residents and the apartment complex would generate approximately 77 jobs in the City, through direct, indirect, and induced impacts. In addition, these two sources would generate approximately 11 jobs in the remainder of the County. Thus, the project would generate approximately 88 total jobs in Orange County on an annual basisb. 6 As noted above, this total includes both part- and full-time employees. Based on factors provide in the IMPLAN model, the construction phase would generate approximately 76 full-time equivalent (FFE) jobs in the County. THE NATELSON DALE GROUP, INC. Page 6 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-103 2.0 EXECUTIVE SUMMARY Employee Compensation: On an annual basis, new residents and the apartment complex would generate close to $2.6 million in total employee compensation in the City, through direct, indirect, and induced impacts. In addition, these two sources would generate approximately $0.5 million in total employee compensation in the remainder of the County. Thus, the project would generate approximately $3.05 million in total employee compensation in Orange County on annual basis'. Table 2-2: Summary of Ongoing Impacts (Sum of Direct, Indirect, and Induced) The Madison City Remainder of County Impact Category Total County Total Output (000s) $8,229 $1,697 $9,926 Value Added (000s) $5,493 $1,083 $6,576 Employment 77 11 88 Employee Compensation (000s) $2,563 $486 $3,049 Source: TN DG; IMPLAN 2.3. Fiscal Revenue Impacts The project would generate two primary sources of annually -recurring revenue to the City's General Fund: Property Taxes and Sales Taxes. New property taxes would result from the incremental assessed property value generated by the project, while new sales taxes would be generated by project residents' retail expenditures at retail establishments located in the City (and in the onsite ground floor retail space). As shown on Table 2-3, on the following page, the project would generate about $268,000 in new property taxes, in addition to approximately $72,000 in new sales tax revenue. Combined, the two revenue sources would generate about $340,000 in annually -recurring revenue to the City's General Fund. 7 Employee compensation is a "fully loaded" payroll estimate, including all benefits (e.g., health, retirement) and payroll taxes (both sides of social security, unemployment taxes, etc.). Based on factors provided in the IMPLAN model, the project would generate approximately $2.3 million in salaries/wages in Orange County on an annual basis. THE NATELSON DALE GROUP, INC. Paye 7 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-104 2.0 EXECUTIVE SUMMARY Table 2-3: Summary of Annually -Recurring Fiscal Revenue Impacts to City's General Fund The Madison General Fund Category Property Taxes' Sales Ta X2 Total City Total $267,531 72,225 $340,056 Notes: 1. Includes general Property Tax and Property Tax In -Lieu of VLF 2. Includes General Sales Tax and Property Tax In -Lieu of Sales Tax Source: IMPLAN; City of Santa Ana; TNDG. THE NATELSON DALE GROUP, INC. Page 8 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-105 3.0 CONSTRUCTION IMPACTS TO LOCAL ECONOMY 3.0 CONSTRUCTION IMPACTS TO LOCAL ECONOMY The project's construction phase would create a substantial number of jobs and fuel the local Santa Ana economy, in addition to the remaining areas in Orange County, with secondary spending. To illustrate the economic impacts of the project's construction phase, this study uses an econometric tool known as an "Input -Output" (10) model, which computes all of the construction -related impacts of the affected industries in the City, and in the remainder of the County, including the estimated local expenditures of employees of both the construction and supplier firmsa. These economic benefits are expressed in terms of increased economic activity ("output"), value added, job creation, and employee compensation. See Table 2-1 on page 6 for a summary of the economic benefits for the total project. The discussion below in Sections 3.1 and 3.2 summarizes the total project construction -related impacts. 3.1. Industry Output and Value Added During the construction phase the project is projected to directly generate approximately 66.7 million in total economic activity in the City, resulting in approximately $45.5 million in value added. In addition to its direct impacts, the indirect/induced impacts during project construction would include approximately $32.2 million in total economic activity, resulting in approximately $20.4 million in value added (see page 2 for definitions of "direct", "indirect" and "induced"). Thus, accounting forthe full range of economic benefits in the City, during its construction phase the project will generate a grand total of approximately $98.9 million in total industry output and approximately $65.9 million in value added. In the remainder of the County, the project is projected to directly generate approximately $3.1 million in total economic activity, along with an additional $12.2 million from indirect/induced impacts. This total economic activity would generate approximately $10.5 million in value added in the remainder of the County. 3.2. Jobs Created and Employee Compensation During the construction phase the project is projected to generate approximately 359 directly related jobs onsite and approximately 225jobs through indirect and induced economic activity. These are quantified as full- and part-time jobs lasting the equivalent of one year. Thus, accounting forthe full range of economic benefits in the City—through direct, indirect, and induced activity — the project will generate about to 584 jobs during the construction phase. The employee compensation associated with these jobs would total approximately $31.7 million. In the remainder of the County, the project is projected to directly generate approximately 11 jobs, along with an additional 82 jobs from indirect/induced impacts. The employee compensation associated with these jobs would total approximately $4.4 million. 8 The IMPLAN model was used for this purpose. This model was developed by researchers at the University of Minnesota and is widely used in economic impact analysis throughout the Country. THE NATELSON DALE GROUP, INC. Page 9 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-106 3.0 CONSTRUCTION IMPACTS TO LOCAL ECONOMY Table 3-1. Summary of Economic Impacts by Impact Category, CONSTRUCTION PHASE The Madison Category City Total Remainderof County County Total Output (000s) 11,122 1,758 12,880 Direct $66,725 $3,082 $69,807 Indirect 17,572 2,418 19,990 Induced 14,643 9,796 24,439 Total $98,940 $15,296 $114,236 Value Added (000s Direct $45,521 $2,387 $47,908 Indirect 11,122 1,758 12,880 Induced 9,269 6,367 15,636 Total $65,912 $10,512 $76,424 Employment Direct 359 11 370 Indirect 126 16 142 Induced 99 66 165 Total 584 93 677 Employee Comnensotion (000s) Direct $21,204 $556 $21,760 Indirect 6,050 816 6,866 Induced 4,475 2,983 7,458 Total $31,729 $4,355 $36,084 Source: TNDG; IMPLAN THE NATELSON DALE GROUP, INC. Page 10 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-107 3.0 CONSTRUCTION IMPACTS TO LOCAL ECONOMY Table 3-2 and Table 3-3, below, show the top 10 economic sectors affected by employment impacts in the City and in Orange County. The employment and employee compensation numbers include the sum of direct, indirect, and induced impacts. As shown in the tables, approximately 305 jobs would be created in the multifamily residential construction sector (IMPLAN Sector 60), with an average employee compensation of more than $59,000 perjob. Table 3-2: Top 10 Industries Affected in Terms of Employment, City of Santa Ana The Madison Source: TNDG; IMPLAN Table 3-3: Top 10 Industries Affected in Terms of Employment, Orange County The Madison Employee Employee IMPLAN Employees Compensation/ Sector Description Compensation Job 60 Construction of new multifamily residential structures 304.9 $18,053,515 $59,208 58 Construction of other new nonresidential structures 23.7 $1,410,678 59,596 56 Construction of new highways and streets 19.9 $1,212,734 61,073 395 Wholesale trade 13.5 $1,226,260 90,641 406 Retail -Miscellaneous store retailers 13.3 $245,072 18,402 403 Retail -Clothing and clothing accessories stores 11.1 $277,888 25,114 401 Retail -Health and personal care stores 10.7 $504,775 47,145 399 Retail - Building material and garden equipment and supplies stores 10.4 $465,169 44,682 398 Retail - Electronics and appliance stores 8.3 $465,309 56,003 407 Retail - Nonstore retailers 7.6 $142,882 18,808 Source: TNDG; IMPLAN Table 3-3: Top 10 Industries Affected in Terms of Employment, Orange County The Madison Note: Includes City of Santa Ana totals Source: TNDG; IMPLAN THE NATELSON DALE GROUP, INC. Paye 11 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-108 Employee Employee IMPLAN Employees Compensation/ Sector Description Compensation Job 60 Construction of new multifamily residential structures 304.9 $18,053,515 $59,208 58 Construction of other new nonresidential structures 23.7 $1,410,678 59,596 56 Construction of new highways and streets 19.9 $1,212,734 61,073 440 Real estate 16.6 $364,753 21,997 395 Wholesale trade 14.6 $1,326,776 90,641 406 Retail -Miscellaneous store retailers 14.5 $267,677 18,402 403 Retail -Clothing and clothing accessories stores 12.2 $307,474 25,114 401 Retail -Health and personal care stores 11.8 $555,838 47,145 449 Architectural, engineering, and related services 10.8 $1,022,591 94,833 399 Retail -Building material and garden equipment and supplies stores 10.7 $477,522 44,682 Note: Includes City of Santa Ana totals Source: TNDG; IMPLAN THE NATELSON DALE GROUP, INC. Paye 11 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-108 4.0 ONGOING ECONOMIC BENEFITS TO LOCAL ECONOMY 4.0 ONGOING ECONOMIC BENEFITS TO LOCAL ECONOMY The proposed project will generate ongoing benefits to the local economy, in addition to the remainder of Orange County, from the following two sources. First, new apartment residents will generate economic impacts in the local economy through expenditures on local goods and services (including at onsite retail). Second, the management and operation of the apartment complex will generate impacts in the local economy. Appendix B provides detailed tables on the assumptions and data inputs for estimating ongoing economic benefits, along with a narrative description, for the IMPLAN model. These economic benefits are expressed in terms of increased economic activity ("output"), value added, job creation, and labor income. See Table 4-1 on page 13 for a summary of the annual economic benefits for the total project. The discussion below in Sections 4.1 and 4.2 summarizes the total ongoing economic benefits from the two sources discussed above. 4.1. Industry Output and Value Added The project's direct annual impact, from new resident local spending (including at onsite retail) and management/operation of the apartment complex, to the City economy would include approximately $5.6 million in total economic activity and approximately $3.9 million in value added. In addition to its direct impacts, the indirect/induced impacts of the project would include approximately to $2.6 million in total economic activity and approximately $1.6 million in value added (see page 3 for definitions of "direct", "indirect" and "induced"). Thus, accounting for the full range of economic benefits in the City, on an annual basis the project will generate a grand total of more than $8.2 million in total industry output and approximately $5.5 million in value added. In the remainder of the County, the project is projected to directly generate approximately $242,000 in total economic activity, along with an additional $1.5 million from indirect/induced impacts. This total economic activity would generate approximately $1.1 million in value added in the remainder of the County. 4.2. Jobs Created and Employee Compensation The project, from new resident local spending and management/operation of the apartment complex, would directly support approximately 61jobs and a total annual payroll of approximately $1.8 million. In addition to direct impacts, the indirect/induced economic impacts from the project would support approximately 16 jobs and a total annual payroll (including benefits) of approximately $796,000 in the City. Thus, the direct, indirect, and induced economic activity associated with the project would support approximately 77 jobs and a total annual payroll (including benefits) of close to $2.6 million in the City. In the remainder of the County, the project is projected to directly generate approximately 2 jobs, along with an additional 9 jobs from indirect/induced impacts. The payroll and benefits associated with these jobs would total approximately $486,000. THE NATELSON DALE GROUP, INC. Page 12 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-109 4.0 ONGOING ECONOMIC BENEFITS TO LOCAL ECONOMY Table 4-1: Summary of Economic Impacts by Impact Category, ANNUALLY -RECURRING The Madison Category City Total Remainder of County County Total Output (000s) 8 3 11 Direct $5,643 $242 $5,885 Indirect 1,367 573 1,940 Induced 1,219 882 2,101 Total $8,229 $1,697 $9,926 Value Added (000s) Direct $3,856 $144 $4,000 Indirect 865 367 1,232 Induced 772 572 1,344 Total $5,493 $1,083 $6,576 Employment Direct 61 2 63 Indirect 8 3 11 Induced 8 6 14 Total 77 11 88 Emplovee Compensation (000s Direct $1,767 $51 $1,818 Indirect 424 166 590 Induced 372 269 641 Total $2,563 $486 $3,049 Source: IMPLAN; TNDG THE NATELSON DALE GROUP, INC. Page 13 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-110 4.0 ONGOING ECONOMIC BENEFITS TO LOCAL ECONOMY Table 4-2 and Table 4-3, below, show the top 10 economic sectors affected by employment impacts in the City and in Orange County. The employment and employee compensation numbers include the sum of direct, indirect, and induced impacts. As shown in the tables, approximately 29 permanentjobs would be created in the Retail -Miscellaneous store retailers (IMPLAN Sector406), with an average employee compensation of more than $18,000 perjob. Table 4-2: Top 10 Industries Affected in Terms of Employment, City of Santa Ana The Madison IMPLAN Employees Employee - '-'-- Compensation/ Sector Description Employees Compensation Job 406 Retail - Miscellaneous store retailers 28.9 $531,387 $18,402 501 Full-service restaurants 7.4 194,171 26,132 502 Limited -service restaurants 4.3 99,513 23,330 440 Real estate 3.7 82,140 21,997 400 Retail - Food and beverage stores 3.5 122,114 34,640 403 Retail - Clothing and clothing accessories stores 2.1 53,211 25,114 397 Retail - Furniture and home furnishings stores 2.0 80,836 41,023 504 Automotive repair and maintenance, except car washes 1.9 90,825 48,946 398 Retail - Electronics and appliance stores 1.7 94,113 56,003 437 Insurance carriers 1.6 212,578 133,520 Source: TNDG; IMPLAN Table 4-3: Top 10 Industries Affected in Terms of Employment, Orange County The Madison Note: Includes City of Santa Ana totals Source: TNDG; IMPLAN THE NATELSON DALE GROUP, INC. Page 14 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-111 Employee IMPLAN Employees Employee Compensation/ Sector Description Compensation Job 406 Retail - Miscellaneous store retailers 29.3 $538,622 $18,402 501 Full-service restaurants 8.5 223,035 26,131 502 Limited -service restaurants 5.0 116,313 23,330 440 Real estate 4.4 96,493 21,997 400 Retail - Food and beverage stores 3.8 132,085 34,640 403 Retail - Clothing and clothing accessories stores 2.3 56,881 25,114 504 Automotive repair and maintenance, except car washes 2.1 104,066 48,946 397 Retail - Furniture and home furnishings stores 2.1 85,811 41,023 503 All other food and drinking places 1.8 41,470 23,297 398 Retail - Electronics and appliance stores 1.8 99,348 56,003 Note: Includes City of Santa Ana totals Source: TNDG; IMPLAN THE NATELSON DALE GROUP, INC. Page 14 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-111 5.0 ANNUALLY RECURRING FISCAL REVENUE IMPACTS TO CITY'S GENERAL FUND 5.0 ANNUALLY RECURRING FISCAL REVENUE IMPACTS TO CITY'S GENERAL FUND The project would generate two primary sources of annually -recurring revenue to the City's General Fund: Property Taxes and Sales Taxes. The discussion below in Section 5.1 summarizes the annually - recurring property taxes that would be generated by the project. Following, Section 5.2 provides a summary detailing the projection of new sales tax revenue that would be generated from project residents' retail expenditures in the City. 5.1. Properly Taxes As shown on Table 5-1, below, the project is projected to generate close to $268,000 in annually - recurring property tax revenue to the City's General Fund. In addition to general property tax revenues, the City also receives separate property tax payments from the State in -lieu of Vehicle License Fee (VLF) revenues. Based on a review of City budget data and assessed value informations, these two components of property tax revenue are equal to approximately 0.27% of total assessed valuation in the City. Applying this factor to the project's estimated assessed valued yields the incremental property tax revenue projection shown on the table below. Table S-1: Projected Annually -Recurring Property Tax Revenue — City of Santa Ana The Madison Property Tax Variable Amount Estimated Assessed Valuer $99,196,604 Property Tax as a Share of Incremental Assessed Value City's Incremental Property Tax Revenue $267,831 Notes: 1. Based on estimated of hard costs (including on-site, off-site, and garage) and land costs 2. Includes general property tax and property tax in -lieu of VLF Source: Project applicant; City of Santa Ana, Adopted Budget- Fiscal Year 2016-17, Comprehensive Annual Financial Report, June 30, 2017; TNDG. 5.2. Sales Taxes As shown on Table 5-2, on the following page, the project is projected to generate approximately $72,000 in annually -recurring sales tax revenue to the City's General Fund. New sales tax revenue will be generated from new resident local spending at retail establishments in the City (including at onsite retail), as described above in Section 4.0. As shown on the table, 1.0% of taxable sales is reimbursed ' City of Santa Ana, Adopted Budget and Comprehensive Annual Financial Report (CAFR). THE NATELSON DALE GROUP, INC. Page 15 DRAFT Economic Impact Analysis The Madison (Santa Ana, CA) 75A-112 5.0 ANNUALLY RECURRING FISCAL REVENUE IMPACTS TO CITY'S GENERAL FUND from the state (0.75% sales tax reimbursement plus 0.25% sales tax in lieu). See Appendix B, Tables B-4 and B-5, for a derivation of the projected resident -generated taxable sales in the City. Table 5-2: Projected Annually -Recurring Sales Tax Revenue — City of Santa Ana The Madison Sales Tax Variable Resident Taxable Retail Purchases Amount $8,206,164 Percent of Resident Taxable Retail Sales Captured in Santa Ana 88% Total New Taxable Retail Sales in Santa Ana New Sales Tax Revenue at 1.0% of Taxable Sales Source: IMPLAN, Tables B-4 and B-5 $7,222,509 $72,225 THE NATELSON DALE GROUP, INC. 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Y L O v1 E V m o-0 CL N C N O Y O v w L t'N w E C O E N C IO •II N a1 U Q C W w c O. t m E W c -0 �' 0 m E 0 o en 0 CL -0Cz m 0 •— •O L U -C N n) d m aJ N'0 '0 c o 0 p L n w m o N N N C 0 C E E O m v O 7 o O w. 0 0 ^ o0 o c j c m 'L enN m Y m L n C c C L O Y C G N C a1 m Y 0 N E > m °c 0` C O. m y 3 ,N, O c 0. E 0 U °J o m p L n w m Ou U U y +' CL C c'i w ? Wtio N v 'o m o° ar m e c v a C Y— O E al N m N J O Y m �O w CJ N N E m N U O E II _0 O c m in -0 E c O Z Y Q .1LC J N °U O. N d vi - U I Jo Z L m =' -C v o ar c L r O Y O v L Q o> y Q c aL to m O wc E Q II w ' N N L L m '0 N L O c Y '^ O W J O J O 0 o m U a Q U m o- o c m 0@ > aJ to m — U J C CL 75A-125 75A-126 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2017-05 AS CONDITIONED AND REVERSING THE PLANNING COMMISSION'S DENIAL OF SITE PLAN REVIEW NO. 2016- 03 AND VARIANCE NO. 2017-06 FOR THE INCREASED SIDE YARD SETBACK FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE 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. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred to as "Applicant") is requesting approval of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06, to allow the construction of a seven -story mixed-use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06. C. The Planning Commission's decision to deny Site Plan Review No. 2016- 03 and Variance Nos. 2017-05 and 2017-06 was appealed to the City Council by Robert Bisno on December 20, 2017, contending that the project is appropriate at this location (Appeal No. 2017-05). Santa Ana Municipal Code (SAMC) section 41-645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2017-05 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 3, 2018, to consider all testimony, written and oral. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5 and Metro East Mixed -Use Overlay Zone (MEMU) Section 8.1, have been established for Site Plan Review No. 2016-03 to allow construction of the proposed project. EXHIBIT F 75A-127 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain up to 260 residential units (including four live/work units) and approximately 6,600 sq. ft. of commercial uses. The project design incorporates an active streetscape that integrates the private development with the public realm. The project meets several General Plan goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs), Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE -2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE -2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project complies with the majority of development standards enumerated in the MEMU regulating plan, with the exception of required parking and side yard setback. The side yard setback is analyzed through the variance and the project is conditioned to provide code required parking. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a seven -level project surrounded by several existing mid and high-rise buildings and has been designed to complement these developments. It supports the vision of the MEMU plan with the construction of a high-density mixed-use development in close proximity to similar residential uses and supportive commercial uses. The project incorporates a variety of architectural materials, Resolution No. 2018 -XX Page 2 of 10 75A-128 massing and ground floor uses that are compatible with the MEMU plan. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. No significant negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on Cabrillo Park Drive with the provision of publicly accessible open space, small-scale commercial uses, and a variety of seating and recreational amenities. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to grant Variance No. 2017- 06 for an increased side yard setback has been established as required by SAMC Section 41-638: 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 proposed project is located in an area surrounded by office buildings, parking structures, and a freeway, which restrict the site from compliance with the side yard setback to the south property line. The site necessitates adequate emergency access to the rear of the property to serve the proposed development. In order to properly address life safety issues, the building must be reduced in size to accommodate a larger setback for a fire lane and adequate ladder angles. 2. That the granting of the variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop a vacant lot with uses consistent with the MEMU overlay plan and to provide adequate emergency access to serve the residences. The development will revitalize the currently undeveloped parcel and activate the area with additional housing and Resolution No. 2018 -XX Page 3 of 10 75A-129 commercial uses to support the active -urban subzone of the MEMU overlay plan. Future housing and active retail uses will benefit the neighborhood and promote the ability to live, work, shop, and play all within a short walk of each other. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public or surrounding properties. The 30 -foot setback in lieu of a maximum 10 -foot setback is necessary to accommodate emergency access and will serve a dual design purpose as open space for the residents. The variance will allow for the development of an undeveloped site consistent with the MEMU overlay plan. 4. That the granting of the variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather support its goals. The proposed project is consistent with Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability) by providing a high-intensity mixed-use residential and commercial development consistent with the vision of the area and surrounding land use designations. The variance allows the development of the project in a mid to high-rise built environment and provides housing in close proximity to support nearby commercial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the MEMU regulating plan. The project meets several General Plan goals and policies, including Land Use Resolution No. 2018 -XX Page 4 of 10 75A-130 Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE -2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE - 2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study that indicates the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to. identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Appeal No. 2017-05, and reverses the Planning Commission's denial of Site Plan Review No. 2016-03 and Variance No. 2017-06 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; the Request for Council Action dated April 3, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 3m day of April 2018 by the following vote: Miguel A. Pulido Mayor Resolution No. 2018 -XX Page 5 of 10 75A-131 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: AGN-, Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on April 3, 2018. Date: Clerk of the Council City of Santa Ana 75A-132 Resolution No. 2018 -XX Page 6 of 10 EXHIBIT A Conditions for Approval for Site Plan Review No. 2016-03 and Variance No. 2017.06 Site Plan Review No. 2016-03 and Variance No. 2017-06 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrio or to exercising the rights conferred by this site plan review and variances. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review and variances. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016-38. 2. The project plans shall be revised to provide the code required parking of 2.0 spaces per unit (520 spaces). 3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 4. The project shall comply with all mitigation measures as required by the Metro East Mixed -Use Overlay Zone. 5. A residential property manager shall be on site at all times that the project is occupied. 6. All new utilities and mechanical equipment such as backflow devices, Edison transformers, and double check detector assembly devices shall not be located within front yard setbacks and must be screened from view from public and courtyard areas. 7. All parking for the project, including visitor parking spaces, shall be made available free of charge. 8. The interior of the parking structure shall be painted white. Resolution No. 2018 -XX Page 7 of 10 75A-133 9. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 10.After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 11.A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 12. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. 13. Prior to issuance of a grading permit, the following shall be completed: a) Submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. b) Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and be approved by the Planning Division. 14. Prior to occupancy of any units, the following shall be completed: a) A Rental Housing Operational Plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan. In addition, the Rental Housing Operational Plan must clearly note that the parking and project amenities must be provided free of charge to the residents. b) A revised Parking Management Plan shall be submitted to the Planning Division for review and approval. The plan shall include additional parking spaces with accompanying exhibits and provisions for the distribution and management of parking for residents, employees and guests. 15.As a result of the health risk assessment (HRA) and to reduce any adverse health effects associated with diesel -truck emissions associated with the project's proximity to the 1-5 Freeway, Applicant must install non-operable windows on all windows facing the 1-5 Freeway and install air filtration systems Resolution No. 2018 -XX Page 8 of 10 75A-134 with filters meeting or exceeding the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) 52.5 Minimum Efficiency Reporting Value (MERV) of 14. 16. A Public Art Plan shall be submitted to the Planning Division for staff review and approval prior to the issuance of building permits. The public art shall be installed prior to issuance of a certificate of occupancy. B. Police Department 1. The Applicant will be required to submit a Security Plan for the proposed project to the Police Department. The plan will be required to outline hours of operation for the parking structure (secured/open), a duress alarm system for the parking structure and an access control system for the perimeter of the building. 2. Parking structure and buildings: Each door within the structure and building leading into a stairwell, lobby, or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors minimum of 12 inch in diameter must be provided at each stairwell landing, in the storage rooms and at each comer along a walkway. The last flight of each stair must be fully enclosed at its base. 3. Elevators are to be equipped with minimum 12 -inch shatterproof convex mirrors or are to have mirrored backing. 4. Parking structure first floor exits must be designed to allow emergency egress with no exterior hardware. 5. Building/unit addressing shall comply with emergency service standards of the City of Santa Ana. 6. Lobby doors must be equipped with a Police Department approved access control system. 7. Provide a minimum 100 square inch window in the trash room and storage room doors. 8. Parking Structure elevators must be equipped with an approved access control system. C. Orange County Fire Authority (OCFA) 1. Prior to OCFA clearance of issuance of a building permit, the Applicant or responsible party shall submit plans and obtain approval of the following: a) Fire master plan (service code PR145) Resolution No. 2018 -XX Page 9 of 10 75A-135 b) Architectural (service codes PR200-PR285) c) Architectural (service codes (PR212-PR220, abbreviated review) d) Tanks storing hazardous materials (service codes PR300-PR305) e) Hazardous materials compliance and chemical classification (service codes PR315-PR328) f) Battery (service code PR375), for any system containing an aggregate quantity of electrolyte in excess of 50 gallons g) Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) h) Fire sprinkler system (service code PR400-PR465) 2. Prior to concealing interior construction, the Applicant shall obtain approval of a fire alarm system (service code PR500-PR520). 3. Before commencement of construction, the Applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at 714-573-6150 at least five days in advance to schedule and pay for the pre -construction meeting. 4. After installation of required fire access roadways and hydrants, the Applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. 5. The Applicant or responsible party shall provide the OCFA inspector evidence of compliance with emergency responder digital radio system performance criteria prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. Resolution No. 2018 -XX Page 10 of 10 75A-136 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2017-05 AND APPROVING THE PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 2017-05 FOR A REDUCTION IN PARKING FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE 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. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred to as "Applicant') is requesting approval of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06, to allow the construction of a seven -story mixed-use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06. C. The Planning Commission's decision to deny Site Plan Review No. 2016- 03 and Variance Nos. 2017-05 and 2017-06 was appealed to the City Council by Robert Bisno on December 20, 2017, contending that the project is appropriate at this location (Appeal No. 2017-05). Santa Ana Municipal Code (SAMC) section 41-645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2017-05 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 3, 2018, to consider all testimony, written and oral. E. The City Council of the City of Santa Ana determines that all of the findings required for granting Variance No. 2017-05 pursuant to SAMC Section 41-638 could not be made. Instead, the City Council determines that the following finding has been established for Variance No. 2017-05 for a reduction in parking: That the granting of the variance will be detrimental to the public welfare or injurious to surrounding property. The site does not meet the minimum parking requirements. Based upon public hearing EXHIBIT G 75A-137 testimony and the proposed variance for a reduction in parking, the project may potentially negatively impact traffic flow and impact neighboring properties resulting in a detriment to the public welfare. Section 2. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Appeal No. 2017-05, and approves the Planning Commission's denial of Variance No. 2017-05 for reduced parking. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; the Request for Council Action dated April 3, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 3rd day of April 2018 by the following vote: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 'J;7 GJisr f Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Miguel A. Pulido Mayor 75A-138 Resolution No. 2018 -XX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on April 3, 2018. Date: Clerk of the Council City of Santa Ana 75A-139 Resolution No. 2018 -XX Page 3 of 3 75A-140 CORRESPONDENCE 75A-142 Orozco, Norma From: Arabe, Jill Sent: Thursday, March 29, 2018 4:13 PM To: Orozco, Norma; Mitre -Ramirez, Norma; Huizar, Maria; Rojano, Michael Cc: Neal, Candida; Fregoso, Vince Subject: FW: The Madison Please include public comment below for item 75A — Public Hearing for the Madison project (200 N Cabrillo Park Dr) scheduled for April 3rd City Council hearing. Thank you, Jill Ann Arabe, AICP Senior Planner/Urban Designer City of Santa Ana iarabe aasanta-ana.org (714) 667-2707 From: Paone, Tim Sent: Thursday, March 29, 2018 3:37 PM To: Arabe, Jill Cc: Robert Bisno Subject: The Ma ison Jill, following up on our email correspondence of November 27, 2017, and our comments at the December 11 Planning Commission hearing, I would like to share with you that the concerns of the owner of the Xerox office building at 1851 East First Street (the "Adjacent Owner") with respect to the application of The Madison have not yet been resolved. After we have had an opportunity to review the Staff Report for the upcoming City Council hearing, we will be submitting (probably late Monday or early Tuesday) more detailed comments, but for now I just wanted to alert you to the fact that we will be asking for a continuance of the City Council hearing to allow Mr. Bisno the additional time needed to work with the owners of the State Fund building to address our most significant concern, which is the potential conflict in the morning peak time between residents leaving The Madison for work or school and tenants arriving at the Xerox building for work. Mr. Bisno has been cooperative in pursuing this resolution, but the management firm for the State Fund building has not been available for the past few weeks to follow up on our discussions. We need time to resolve this concern. I would like to emphasize that while the owner of the Xerox building objects to aspects of the project, it does not object to the proposed use. In addition to the morning peak hour internal circulation impacts noted above, our concerns relate to the absence of a designated move -in / move -out loading area (a very significant concern), potential peak hour traffic queuing, the requested parking variance, and the location of the loading zone. All of these concerns are manageable and we are open to compromise, but we feel very strongly that the morning peak hour traffic conflict must be resolved. Please be aware that many of our tenants share these concerns. As noted above, after we review the Staff Report we will provide more detailed comments on these points. Thanks. Tim Paone 75A1143 IdCOX -ASTLE NICWOLS0N 1 Cox, Castle & Nicholson LLP 3121 Michelson Drive I Suite 200 1 Irvine, CA 92612 direct: 949.260.4655 I main: 949.260.4600 tpaone@coxcastle.com I vcard I bio I website Selected as 2018 "Law Firm of the Year" in Land Use and Zoning Law .IbNr d. FIRM a�7tiEfR' by U.S. News & World Report- Best Lawyers® "Best Law Firms" °t t� For more information, visit our blog Lay of the Land This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not the addressee, or someone responsible for delivering this document to the addressee, you may not read, copy or distribute It. Any unauthorized dissemination, distribution or copying of this communication is. strictly prohibited. If you have received this communication in error, please call us promptly and securely dispose of it. Thank you. 75A-144 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: RESOLUTION APPROVING A RELOCATION PLAN FOR WARNER AVENUE PHASE 1 IMPROVEMENTS BETWEEN MAIN STREET AND OAK STREET (PROJECT NO. 14-6802) (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G 8r 3,2C) (C� Cl*MANAGER I CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for Warner Avenue Phase 1 Improvements between Main Street and Oak Street. DISCUSSION Warner Avenue is classified as an east -west Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving this 1 -mile segment from Main Street to Grand Avenue has been a long-term priority project that is being constructed in several phases. Improvements include widening the roadway from four to six lanes and constructing safety and aesthetic enhancements, including installation of parkways, raised landscape medians, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 1 bounded by Main Street and Oak Street (Exhibit 1). Construction is anticipated to begin in spring 2019. Pursuant to California Government Code, a public entity is required to adopt a relocation plan by resolution whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. In conformance with this provision, the City prepared a Warner Avenue Phase I Relocation Plan (Relocation Plan) to outline the requirements for moving and reestablishing displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided (Exhibit 2). Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the total estimated relocation cost is approximately $2,081,800. The resolution adopting the Relocation Plan requires Council approval before the property acquisitions can proceed. 7513-1 Relocation Plan - Warner Avenue Phase 1, Main Street to Oak April 17, 2018 Page 2 The Draft Relocation Plan was made available for public review for 30 days beginning March 2, 2018, at the Main City Library, the City Clerk's Office, the Public Works Agency public counter, Delhi Center, and on the City's website. Each potential displaced occupant and affected property owner was given an advisory notice regarding Relocation Plan availability and an opportunity to submit questions and comments by April 2, 2018. All comments/questions and responses have been incorporated into the Relocation Plan herein presented for Council approval. 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). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT On September 1, 2015, the City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funding for the estimated cost of $2,081,800 is available in the Warner Avenue Improvements Project (No. 14-6802): $1,561,350 in the Measure M2 Competitive Street Fund (Account No. 03217663-66220) and $520,450 in the Transportation System Improvement Area E Fund (Account No. 03417660-66220), subject to nonsubstantive changes. Preliminary estimates of fiscal year project expenditures are shown below: Account No. Fiscal Year Amount 03417660-66220 2017-2018 $250,000 03417660-66220 2018-2019 $270,450 03217663-66220 2018-2019 $1,561,350 TOTAL $2,081,800 75B-2 Relocation Plan - Warner Avenue Phase 1, Main Street to Oak April 17, 2018 Page 3 Edwin "William" Galve , .E. Acting Executive Director Public Works Agency i EWG/KN Exhibits: 1. Location Map 2. Relocation Plan 3. Resolution APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B-3 i'UNd' 3`i' 75B-4 MATCFLINE SEE BOTTOM FiKM 4 r... r.•PLE a,ST (NTS) 403.143.14' 403.143.13 • I I e 0 1016.103.23' j 016.098.22 DELHI PACK j.._ .._LJ.. •616:1=-22. jr•—•— ORANGE A ., j j Kit -SON DR j e16.5 Yd•z1 j403.142.16. _ 403.142.15 I I I m I j 1D j 4e3.14z-» 016.031.51 I OAK ST iii 016-031.81 016.090-25 CYPRESS 1 403.141.09 I 403.141-00 ARCO OAS STATION j 1�] LEGEND -PROJECT LIMITS SANTA ANA PWA Yv t .va Kl.cr r,z N W P SJ ROUSSELLE 016.031.30 1 I v YELLS FMO i -• I� BANK I 15 75B-5 75B-6 Warner Avenue Improvements Phase I Project Main Street to Oak Street Draft Relocation Plan Prepared for. City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, California 92702 Overland, Pacific & Cutler, LLC 1 Jenner, Suite zoo Irvine, California 92618 (949) 951-5263 Date: February 2o18 Adopted 2 Contents Introduction ProjectArea Description...........................................................................................................................2 A. Regional Location............................................................................................................................2 B. Project Site Location and Description............................................................................................3 C. General Demographic and Housing Characteristics..................................................................... 4 II. Assessment of Relocation Needs ............................ A. Survey Methods..............................................................................................................................5 B. Field Survey Data — Residential.......................................................................................................5 1. Housing Mix..............................................................................................................................7 z. Occupancy Standards...............................................................................................................7 3. Income.......................................................................................................................................7 4. Ethnicity/Language ..................................................................................................................8 5. Households with Seniors 8 ......................................................................................................... 6. Households with Disabilities ...................................................................................................8 7. Preferred Relocation Areas..................................................................................................... 8 C. Field Survey Data — Non-Residential .............................................................................................. 9 III. Relocation Resources.............................................................................................................................10 A. Methodology.................................................................................................................................10 B. Replacement Housing/Commercial Site Availability....................................................................10 1. Residential For -Sale and Rental Housing...............................................................................10 z. Commercial Space Availability................................................................................................11 3. Loss of Goodwill.......................................................................................................................11 4. Summary ................................................................................................................................. 12 C. Related Issues................................................................................................................................ 12 1. Concurrent Residential Displacement................................................................................... 12 z. Temporary Relocation IV. The Relocation Program ............. 12 13 A. Program Assurances, Standards and Objectives.........................................................................13 B. Relocation Advisory Assistance....................................................................................................14 C. Relocation Benefits — Residential.................................................................................................15 1. Residential Moving Expense Payments.................................................................................15 2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent..............................16 3. Down payment Assistance to Tenants Who Choose to Purchase.......................................17 D. Last Resort Housing......................................................................................................................18 E. Determinations of Comparable Housing.....................................................................................19 F. Relocation Benefits—Commercial Tenants, and Non-profit Organizations..............................19 1. Payment for Actual Reasonable and Necessary Moving and Related Expenses................19 2. Self-Moves...............................................................................................................................21 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses................................................................................................................................. 21 G. General Information Regarding the Payment of Relocation Benefits.......................................22 H. Relocation Tax Consequences......................................................................................................23 75B-8 V. Administrative Provisions A. Holdover Tenancies.......................................................................................................................z4 B. Notices...........................................................................................................................................z4 C. Privacy of Records.........................................................................................................................z5 D. Grievance Procedures...................................................................................................................i5 E. Eviction Policy............................................................................................................................... 26 F. Citizen Participation..................................................................................................................... 26 G. Projected Dates of Displacement.................................................................................................z7 H. Estimated Relocation Costs..........................................................................................................i7 75B-9 List of Tables Table 1: 2010 US Census Population — City of Santa Ana and Impacted Tract (740.3, 742, 743) ............... 4 Table 2: 2010 US Census Housing Units — City of Santa Ana and Impacted Tract (740.3,742,743) .......... 4 Table 3: Affected Residential Dwellings........................................................................................................5 Table4: Affected Non -Residential Uses....................................................................................................... 9 Table 5: Availability and Cost of Replacement Rental Housing (Conventional).......................................10 Table 6: Availability and Cost of Single -Family Residences for Sale............................................................11 Table7: Summary of Available Commercial Space for Lease......................................................................11 Table 8: Summary of Available Commercial Space for Sale........................................................................11 Table9: Schedule of Fixed Moving Payments............................................................................................16 Table10: Computation of Rental Assistance Payments...............................................................................17 List of Figures Figure 1: Regional Project Location........................................................................................2 Figure2: Project Site Location............................................................................................................................3 List of Exhibits Exhibit A: Residential Interview Form Exhibit B: Business Interview Form Exhibit C: HUD Income Limits — Orange County Exhibit D: Homes for Sale and Rent Listings Exhibit E: Commercial For Sale and Rent Listings Exhibit F: Business Informational Brochure Exhibit G: Residential Informational Brochure Exhibit H: Public Comments and Response iv 75B-10 Introduction The City of Santa Ana (City) has authorized the preparation of a Relocation Plan (Plan) in connection with the commencement of right of way acquisition activities for the Warner Avenue Improvements (Main to Oak) Project (Phase 1), a street improvement project from Main Street to Oak Street, in the City of Santa Ana, in Orange County, California. The Project will require the acquisition of eighteen (18) properties resulting in the permanent displacement of twenty-nine (zg) residential households and one (1) business occupant. Funding for the Project comes from a combination of local funds and OCTA Measure Mz funds. This Relocation Plan conforms to the requirements of the California Relocation Assistance Law, California Government Code §7z6o, et seq.; the Relocation Assistance and Real Property Acquisition Guidelines; California Code of Regulations, Title 25, Division 1, Chapter 6 (Guidelines); and the City's adopted right-of-way policies and procedures. Overland, Pacific & Cutler, Inc. (OPC), an experienced acquisition and relocation firm, has been selected to prepare this Relocation Plan, and will provide all subsequently required relocation assistance in association with any permanently displaced households or non-residential occupants. In compliance with statutory requirements, the Relocation Plan has been prepared to evaluate the present circumstances and replacement housing requirements of Project tenants. The Plan is organized in five sections: 1. The regional and specific location of the Project (SECTION 1); i. An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION II); 3. An assessment of available residential and commercial replacement sites within the Santa Ana and surrounding areas (SECTION 111); 4. A review of the relocation assistance program to be offered to the displaced residential and business occupants (SECTION IV); and 5. Necessary administrative provisions (SECTION V). t 75B-11 I. Project Area Description A. Regional Location The Project is located in the City of Santa Ana within Orange County. Santa Ana is located approximately 30 miles southeast of the City of Los Angeles and is travelled by Intestate 5 (1-5) and easily accessible by State Routes zz and 55. Adjacent communities include Tustin, Orange, Anaheim, Westminster, Fountain Valley, Costa Mesa and Irvine. (See Figure is Regional Project Location) La Mirauak& urea ..•t � �. State Park - w Yorba.L-inda Fullerton. lacentia — = Buena Park - eP ritos L O { 91 _ANANCle,1 HILLS ' Anaheim yp niio.,.. 'Stanton.. vn Cypress ti Villa Pack _ �t Orange syr 33 H[SORT - NAI � ,Park /aCfeS•''� Orange CI AMdena ` a ll ey Noith Tustin j 'Santiago W.estmIhsCer �. Canyon Nidcvay Ciiy Santa Anak. 11, Silverado Tustin :s, rl Limestone-.. U �hag •�`5 cacll -: cotoclavtsT 1 , Project ite ''^ zsi ` � Region, rk 1 - Founlain9` .55.' NORTIMOOD � '<.,. Whltmg',Rarl- Valley OUT1{ COAST { . ras , W1ldernp s t f.<, Park 0 39 �Fy _'�` • Irvine', Mptington ' ,,, g za, _.Bea Cl l - �y '4 - � Vz- =ASF CC7F'UP.1 - r i Cp� RO Lake�ForestTunrtt osla Mesa -F l; 55 = it .'w. . • M1 _ Figure t: Regional Project Location z 75B-12 B. Project Site Location and Description The Project site is on Warner Avenue between Main Street and Oak Street. (See Figure z: Project Site Location) The Project Site is located approximately 4.5 miles south of State Route za (SR -22), z miles southwest of Interstate 5 (1-5), 2.5 miles east of the Santa Ana River, and z miles north of Interstate 405 (1-405). Santa Ana is the County Seat and is the second largest city in Orange County.' The Warner Avenue Improvements (Main to Oak) Project (Phase t) was planned and designed to incorporate complete street concepts with storm drain quality features. Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element (GPCE) and the County of Orange Master Plan of Arterial Highway (MPAH). Improving the t -mile Warner Avenue segment from Warner Avenue to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening from a four - lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkway, raised median landscape, storm drain, protected bike lanes, street lights, and traffic signals. ® 1 Transmission Maslen; - ° SouthCoaatAuclian i Palm 9UbenyTax Service a 3 ®Raul Shoe Repair n 7 Ll j ARCO O Ave .. _ - vB 19 - EWamer Ave W WameeAve EWamer Ave — Ave EWa_mer Ave _ la Q e, Inc GII L hVEly McDonald's Wells Fargo Bank Tanasy Bionicos'Nlce' Santa Ana A, 'g Army National Guard � RecnrDng Olrrce� 3 — u Mann Anne Wholesale N CVSv n A v aaSa Pacifica Auto Sales Figure z: Project Site Location ' City of Santa Ana website: http:/Lwww.ci.santa-ana.ca.us/facts, accessed February 19, 2018. 3 75B-13 C. General Demographic and Housing Characteristics According to the 2010 U.S. Census, the population of the City of Santa Ana was 324,528, and the population of the impacted Census Tract is 16,979 (see Table 1 below). Corresponding Census data concerning the housing mix is shown in Table z, below. Table 1: 2010 US Census Population - City of Santa Ana and Impacted Tracts (740.3, 742 & 743) PopulationPersons Total population NumberType of Units Percentage City Percentage Number. within 16,979 100.0% 324,528 _ 100.0% White 7,901 46.7% 148,838 45.9% Black or African American 156 1.1% 4,856 1.5% American Indian or Alaskan Native 68 0.8% 3,260 1.0% Asian 467 1.4% 34,138 10.5% Native Hawaiian and Other Pacific Islander 48 0.1% 976 1 0.3% Some other Race 8,576 44.7% 120,789 37.2% Two or More Races 520 2.8% 11,671 3.6% Hispanic or Latino (of Any Race) 15,599 95.2% 253,928 78.2% U.S. Census Bureau provides additional descriptive population data where persons are identified as either "Hispanic or Latino (of any race)" or "Not Hispanic or Latino." The sum of these two categories will equal the total population of a data set. Table 2: 2010 US Census Housing Units -City of Santa Ana and Impacted Tract (740.3, 742 & 743) Source: U.S. Census Bureau, accessed February 2018. 75B-14 NumberType of Units Percentage City Percentage Total occupied units within the tracts 3,276 96.6% 95.2% 73,174 Owner -occupied 1,793 60.4% 34,756 47.5% Renter -occupied 1,483 39.6% 38,418 52.5% Vacant Housing Units 471 100.0% 3,722 4.8% Available for Sale Only (of Total Vacant Units) 31 30.8% 693 18.6% Available for Rent -.Full Time Occupancy (of Total Vacant Units) 219 42.3% 1,983 53.3% Sold or Rented (Not Occupied - of Total Vacant Units) 8 1.25% 183 4.9% Otherwise Not Available (e.g., seasonal, recreational, migratory, occasional use) (of Total Vacant Units) 9 1.7% 132 3.5% Other Vacant (of Total Vacant Units) 204 35.0% 731 19.6% Source: U.S. Census Bureau, accessed February 2018. 75B-14 II. Assessment of Relocation Needs A. Survey Methods To obtain necessary information for the preparation of this Plan, field research of potentially affected residents and business operator was conducted. The research included in-person interviews and field analyses of affected residential and commercial parcels to identify displaced occupants and gather preliminary information for relocation planning. Detailed in-person interviews were conducted with affected residential occupants to gather necessary information, including information such as household size and composition, income, monthly rent obligation, length and type of occupancy, language, disabilities/health problems, and replacement housing preferences (Exhibit A). Survey questions of business owner concerned the nature of the business, leasehold circumstances, annual revenues, description and size of current operations, special facility requirements, relocation concerns and area preferences with respect to possible replacement locations (Exhibit B). In-person interviews are an important factor in the planning and relocation of displacees. In the early planning process, careful attention is paid to the physical needs of individuals with disabilities, and elderly displacees to make sure that these individuals receive appropriate care and housing. The interviews were conducted on-site in homes and places of business in English, Spanish, or other necessary languages, as appropriate. Follow-up contacts were made with occupants to gather more information and/or to provide information or notices that would be or were made through personal visits and by telephone. The descriptive data in this Plan concerning residents and businesses are based on in-person interviews and field observations. Samples of the residential and business interview forms used in the interview process are attached as Exhibits A and B of this report. B. Field Survey Data — Residential The Project will impact 13 single-family residential (SFR) dwellings with 15 residential households, 1 eight -unit apartment building with 8 residential households, 1 residential duplex apartment building with z residential households and 1 residential fourplex building with 4 residential households. Survey information was obtained from 21 of the 29 occupied residential households (72.41%). The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants. Table 3 below shows current housing in the Project area including bedroom size. Table 3: Affected Residential Dwellings 75B-15 0 75B-16 Property z 2246 S. Cypress Residential Apt. 1 z Tenant Santa Ave., B I Ana 3 2246 S. Cypress Residential Apt. 1 Unknown* Tenant Santa Ave., C Ana 4 2246 S. Cypress Residential Apt. 1 Unknown* Tenant Santa Ave., D Ana 5 2248 S. Cypress Residential Apt. 1 8 Tenant Santa Ave., A Ana 6 2248 S. Cypress Residential Apt. 1 4 Tenant Santa Ave., B Ana 7 2248 S. Cypress Residential Apt. 1 Unknown* Tenant Santa Ave., C Ana 8 2248 S. Cypress Residential Apt. 1 4 Tenant Santa Ave., D Ana 9 2245 S. Cypress Residential SFR 3 7 Owner Santa Ave. Ana to 2245 S. Cypress Residential Room Room 1 Tenant Santa Ave. to rent Ana 11 209 E. Warner, A Residential Duplex 1 5 Tenant Santa Ana 12 2o9 E. Warner, B Residential Duplex 1 Unknown* -Unknown* Santa Ana 13 215 E. Warner Residential SFR z Unknown* Tenant Santa Ana 14 219 E. Warner Residential SFR z 3 Owner Santa Ana 15 219 E. Warner, Residential SFR 1 1 Tenant Santa back unit Ana 16 2246 S. Orange Residential SFR z 6 Owner Santa Ave. Ana 17 2245 S. Orange Residential SFR z 11 Owner Santa Ave. Ana 18 3o9 E. Warner Residential SFR z 4 Owner Santa Ave. Ana 19 315 E. Warner Residential SFR z 4 Owner Santa Ave. Ana zo 2246 S. Maple Residential SFR 3 3 Owner Santa Street Ana 21 2245 S. Maple Residential SFR 3 z Owner Santa Street Ana zz 2247 S. Rouselle Residential SFR z 4 Owner Santa Street Ana 23 2246 S. Oak Residential SFR z Unknown* Unknown* Santa Street Ana 24 2245 S. Oak Residential SFR z 1 Owner Santa Street Ana 0 75B-16 *Unable to interview occupants **Room renters I. Housing Mix As shown in Table 3 above, the Project area includes 29 households occupying 13 single family residences, t eight -unit apartment building, t residential duplex apartment building and t residential fourplex building, some with multiple households in one dwelling and or converted into multiple units. 14 of the affected households are tenant -occupied, tt are owner -occupied and 4 unknown. Occupancy information will assist in determining the relocation needs and scope of assistance provided. No mobile homes will be affected by the Project. z. Occupancy Standards The standard for housing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households largerthan eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Santa Ana code requirements. Generally, these standards allow for up to three persons to occupy a one -bedroom unit, five persons in a two-bedroom unit, and seven persons in a three-bedroom unit. Any households with more than eight members would require a four-bedroom replacement unit based on the respective size of that unit, per the state building code. 3. Income Information as to the household's income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided. Low-income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees in qualifying for loans or leases. Low-income households that choose to rent may be eligible for additional assistance. Based on information obtained from the residential interviews, at least six households may be identified as low-income households. According to the low-income standards for the Housing Authority of the County of Orange (Exhibit C), adjusted for family size as published by the State 7 75B-17 Property .- of Occupancy No. Address Type Use. Bedrooms Occupants Type City 25 124 E. Warner Residential 4-plex 3 Unknown* Unknown* Santa Ave. (front) I Ana 26 124 E. Warner Residential 4-plex 3 Unknown* Unknown* Santa Ave. back Ana 27 128 E. Warner Residential 4-plex 3 5 Tenant Santa Ave. (front) Ana 28 128 E. Warner Residential 4-plex t 4 Tenant Santa Ave.(back Ana 29 402 E. Warner Residential SFR I z t Owner Santa Ave. Ana *Unable to interview occupants **Room renters I. Housing Mix As shown in Table 3 above, the Project area includes 29 households occupying 13 single family residences, t eight -unit apartment building, t residential duplex apartment building and t residential fourplex building, some with multiple households in one dwelling and or converted into multiple units. 14 of the affected households are tenant -occupied, tt are owner -occupied and 4 unknown. Occupancy information will assist in determining the relocation needs and scope of assistance provided. No mobile homes will be affected by the Project. z. Occupancy Standards The standard for housing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households largerthan eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Santa Ana code requirements. Generally, these standards allow for up to three persons to occupy a one -bedroom unit, five persons in a two-bedroom unit, and seven persons in a three-bedroom unit. Any households with more than eight members would require a four-bedroom replacement unit based on the respective size of that unit, per the state building code. 3. Income Information as to the household's income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided. Low-income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees in qualifying for loans or leases. Low-income households that choose to rent may be eligible for additional assistance. Based on information obtained from the residential interviews, at least six households may be identified as low-income households. According to the low-income standards for the Housing Authority of the County of Orange (Exhibit C), adjusted for family size as published by the State 7 75B-17 of California, Department of Housing and Community Development (HCD), the 2017 low income limits are defined as follows: Family Size 1 2 3 4 5 6 7 8 Low Income Limits 2017 $58,450 $66,800 $75,150 $83,450 $90,150 $96,850 $103,500 $110,200 Source: Department of Housing and Community Development (HCD) website, accessed February 19, 2018. 4. Ethnicity/Language Per the 2012-2016 U.S. Census American Community Survey Five -Year Estimate, 82.1%2 of the population in the City of Santa Ana speaks a language besides English at home. Based on information obtained from the residential interviews of the 29 displaced households, Spanish is the primary language spoken at home. Language services are available to assist the requirements of all affected occupants. 5. Households with Seniors Per the 2012-2016 U.S. Census 5 -Year Housing Unit Estimate, 5.1% of the total households consist of occupants 65 years of age or over. Specific care is taken to identify and address the needs of senior occupants who may require special accommodations. Based on information obtained from residential interviews, 3 households have occupants that are over the age of 65. 6. Households with Disabilities Per the 2012-2016 U.S. Census 5 -Year Housing Unit Estimates, 8.9%3 of the civilian non - institutionalized population consist of persons with a disability. Disabilities may include a variety of physical mobility impairments, including psychological and other physical health issues. Care is taken to meet the special needs of each household, particularly as these needs involve physical access to accommodations. Early identification of individual health issues would enable relocation staff to more effectively manage the relocation process. In all cases involving physical or mental impairments, additional services will be provided to ensure close individual case monitoring. Based on information obtained from the residential interviews, at least one household has occupants that have disabilities. 7. Preferred Relocation Areas The residential interviews identify specific replacement site needs and preferences and assist in planning replacement housing accordingly. In residential interviews, many residents tend to express a preference to remain in the community in order to maintain current school enrollment, access to employment, medical facilities, recreational resources, and public transportation. Based on information obtained from the residential interviews, the affected households have indicated a preference to remain in the local Santa Ana, Orange, and Garden Grove areas. 2 United States Census Bureau web site, accessed February 20,2o18, http:llfactfinder.census.gov/. 3 United States Census Bureau web site, accessed February 20, 2018, httR//factfinder.censuag vl. t3 75B-18 C. Field Survey Data — Non -Residential The Project has identified 1 non-residential occupant that would be displaced. Survey information was obtained from this one business owner. The one business impacted by the Project would be considered a small business. The affected business would require cost-effective medium to small replacement sites, with proximity to existing customer bases. A detailed interview with the business owner is instrumental in identifying suitable replacement sites. Generally, interviews with the business tenants are crucial in addressing various complex relocation issues early in the process, including issues such as identification of trade fixtures and equipment, tenant improvements, personal property/real property issues, and the relocation requirements of various businesses that may become long lead items, such as obtaining special permits or zoning requirements. Such items should be carefully reviewed and planned in coordination with project time frames. The non-residential displacement may be identified as potential candidate for extensive advisory services and relocation assistance. • Arco Gas Station —Gas stations with convenient stores and mechanic services included (i.e. smog check) are historically difficult to relocate, due to the nature of the services provided. Additionally, they usually require busy intersections, pedestrian traffic, visibility, access, and parking. Moving smaller businesses can have a more detrimental effect than moving larger businesses, presumably with larger capital reserves. For this reason, it would be essential to provide timely, viable referrals to replacement sites, with assistance in relocation planning, while simultaneously executing the move carefully and efficiently. Information obtained during the relocation interview process will assist in determining the financial capacity of a business to accomplish a move, and if an advance relocation assistance payment is necessary. Even if a business is relocated as planned, its employees may still encounter challenges with commuting or transportation to the replacement location. Some employees rely on public transportation to commute to and from work and may need to adjust their personal schedules and routines depending upon bus routes and/or schedules to reach the new location. Upon implementation of the Relocation Assistance Program, relocation timing issues and replacement site concerns will be discussed and addressed, as appropriate. The list of affected businesses provided in Table 4 below reflects data gathered from field observations and business interview. Table 4: Affected Non -Residential Uses 9 75B-19 Ill. Relocation Resources The California Relocation Assistance Law provides that no eligible residential persons shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify whether sufficient comparable replacement housing resources exist for all potential residential displacees. Additionally, while available replacement locations are not required for non-residential occupants to move, a survey of available replacement commercial sites have been searched to determine what sites may be available to the non-residential occupants and to determine what impacts, if any, may occur due to a lack of available replacement sites. The City is committed to making every effort to satisfactorily relocate all displaced occupants. A. Methodology To determine the availability of residential and commercial sites prior to the displacement of occupants from the Project area, resources were researched through the following sources: • Internet sources (MLS listings, Loop Net); • Canvassing the Project area for properties available for lease and or for sale; • Telephone and field contact with commercial brokerages serving the area; • Classified rental listings from local publications, and; • Contacts with real estate/property management companies serving the community. B. Replacement Housing/Commercial Site Availability 1. Residential For -Sale and Rental Housing A housing resource survey was conducted to determine the availability of replacement housing within the City of Santa Ana sufficient to meet the needs of displaced rental tenants and homeowners. The replacement housing survey considered available two-, three-, and four-bedroom conventional housing for rent and for sale. This data is summarized in Tables 5 and 6, below. The conventional housing survey, Table 5, identified 43 currently available, one-, two-, three-, and four-bedroom conventional housing units for rent. The survey of available single-family residences for sale, Table 6, identified 32 currently available two- and three-bedroom housing units for sale. The individual figures for number of units found by bedroom size are presented in the tables, as well as location and price range. Table 5: Availability and Cost of Replacement Rental Housing (Conventional) 1111111cr IT RLMDer Bedrooms..erty Type Available . - City Price Range Lease One One Apartment/Condo/Du lex 14 Santa Ana $1,275 - $1,675 Two Apartment/Condo/SFR 17 Santa Ana $1,600 - $2,500 Three Apartment/SFR 7 Santa Ana $2,150 - $3,300 Four Townhouse/SFR 5 Santa Ana $2,750 - $3,200 Source: Multiple Listing Service and Zillow, accessed February 2018. 10 75B-20 The rent ranges identified in the table above are among the figures used to make benefit and budget projections for this Plan. The variances in the rent range are a result of age, condition, size, and locational factors. Rates are subject to change according to the market rates prevailing at the time of displacement. Exhibit D provides a detailed list of available housing for rent and for sale. Availability and Cost of Multiple Listing Service, accessed February 2018. z. Commercial Space Availability The availability of retail space in the City of Santa Ana was researched through commercial real estate listing resources. Tables 7 and 8 below summarize the availability of various types of commercial properties for lease and sale in the City of Santa Ana and surrounding areas. Exhibit E provides a detailed list of available commercial space. Table of Available Commercial Space for Lease Commercial o Santa Ana, Orange, Anaheim, N/A Tustin Land 15 Santa Ana, Orange, Anaheim, $0.18 - $0.62 SF/Mo Tustin Source: LoopNet, accessed February 2018 Table 8: Summary of Available Commercial Space for Sale Commercial o Santa Ana, Orange, Anaheim, N/A Tustin Land 15 Santa Ana, Orange, Anaheim, $275,000 - $9,500,000 Tustin Source: Multiple Listing Services, accessed February 2018; LoopNet, accessed February 2018 3. Loss of Goodwill Goodwill consists of the benefits that accrue to a business as a result of its location; reputation for dependability, skill, or quality; and any other circumstances resulting in probable retention of old, or acquisition of new, patronage. Claims for loss of goodwill are not compensable under the statutory provisions related to relocation assistance. 11 75B-21 Where claims are anticipated, state law (California Code of Civil Procedure §1263.510) requires business owners to prove all of the following: 1) The loss is caused by the acquisition of the property; 2) The loss cannot reasonably be prevented by relocation of the business, or by taking steps and adopting procedures that a reasonably prudent person would take to preserve the goodwill; and, 3)The compensation for the loss has not been included as a relocation payment, or duplicated in compensation otherwise awarded to the owner. 4. Summary Considering the availability of replacement housing, adequate replacement resources exist in the Project area for affected residential tenants and owner -occupants. Although adequate replacement resources exist, based on surveyed results of rental and purchase opportunities, and anticipated values of existing dwellings, occupants are anticipated to have increases in monthly rents and/or higher purchase costs. These possible increases, if any, would be met through the City's Relocation Assistance Program. The data for non-residential resources indicates adequate business sites that are currently available for sale and lease to the commercial occupant. While there are adequate replacement sites for the non-residential occupant, some business uses may require conformance with local conditional use permits and/or zoning requirements. C. Related Issues 1. Concurrent Residential Displacement The Project would not compete with or adversely affect the availability of comparable replacement resources. There are no other known current public projects under way in the City of Santa Ana or adjacent communities that currently would compete with the Project for housing resources. The City intends to monitor the activity of local agencies. No residential displacee would be required to move without adequate notice and access to available, affordable, decent, safe, and sanitary housing. 2. Temporary Relocation The Project is not anticipated to cause temporary displacements. Affected occupants will be permanently displaced. 12 75B-22 IV. The Relocation Program The City of Santa Ana's (City) Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, maintain personal contact with all affected individuals, consistently applying all regulatory criteria to formulate eligibility and benefit determinations, and conform to all applicable requirements. The City has retained Overland, Pacific & Cutler, Inc. (OPC) to administer the Relocation Program. OPC has worked on more than 2,500 public agency acquisition and relocation projects over the past 30 years. Additionally, OPC has an extensive resume of public works projects undertaken in other Orange County communities. Experienced City staff would monitor the performance of OPC and be responsible to approve or disapprove OPC's recommendations concerning eligibility and benefit determinations and interpretations of the City's policy. The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance. A. Program Assurances, Standards and Objectives The City would provide the displaced residential and business occupants with the assistance, rights, and benefits required under state relocation law and the City's policies and procedures. The relocation program would provide advisory and financial assistance. Every effort would be made to facilitate relocation arrangements and minimize hardship for displacees. The program objectives would be as follows: t. To fully inform eligible Project displacees of the nature of, and procedures for, obtaining relocation assistance and benefits; i. To determine the needs of each displacee eligible for assistance; 3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no occupant is required to move without a minimum of go days written notice to vacate; 4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 5. To supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 6. To assist each eligible occupant to complete applications for benefits; 7. To make relocation benefit payments in accordance with the appropriate guidelines; 8. To inform all persons subject to displacement of City policies with regard to eviction and property management; and q. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance. 14 75B-23 B. Relocation Advisory Assistance OPC staff is available to assist the permanently displaced households and businesses with questions or concerns about relocation and/or assistance in relocating. Relocation staff is located at i Jenner, Suite zoo, Irvine, CA 92618, with office hours from 8:0o a.m. to 5:00 p.m., and can be contacted at (949) 951-5263. A comprehensive relocation program, with technical and advisory assistance, would be provided to assist all persons being displaced as a consequence of the Project. Personal contact would be maintained with all individuals until the relocation process has been completed. As discussed previously, OPC has been retained by the City to assist in the administration of its relocation program. OPC will work closely with City staff. City staff would provide final approvals, or otherwise, of all OPC recommendations. Every reasonable effortwould be made to ensure that the relocation of residents and businesses occurs with a minimum of delay and hardship. The following services will be provided: 1. The remaining interviews with residents located in the Project area will be completed to gather information appropriate to the determination of needs and preferences regarding replacement of existing facilities; 2. A printed Informational Brochure (Exhibits F and G) will be provided in English or the displacee's language if subsequently be deemed necessary. Signed acknowledgements will be obtained to verify receipt of this material; 3. A database will be maintained of available residential units for sale and commercial space and distribute replacement site referrals for the duration of the Project; 4. Assistance will be offered to displacees in connection with arrangements for the purchase of real property, if applicable, obtaining required business permits or licenses, the filing of claim forms to request relocation benefits from the City and to obtain services from other public agencies; 5. Special assistance in the form of referrals to governmental and non-governmental agencies will be made, if requested; 6. Eligible displacees will be assisted with the preparation and submission of relocation assistance claims; Benefit determinations and payments will be made in accordance with applicable law and City policy; 8. Assure that displacees are not required to move without a minimum of 90 days written notice to vacate; 9. All person subject to displacement will be informed of City policies with regard to eviction and property management; 10. A formal grievance procedure will be established and maintained for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance; and 14 75B-24 ti. Assistance will be provided that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances. C. Relocation Benefits— Residential Specific eligibility requirements and benefit plans would be detailed on an individual basis with displacees. In the course of personal interviews and follow-up visits, households would be counseled as to available options with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of the state relocation law and regulations. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City's normal administrative procedures. i. Residential Moving Expense Payments All residential occupants that would be relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based on the actual cost of a professional move or a fixed payment based on a room -count schedule. a. Actual Cost (Professional Move) The displacee may elect to retain the services of a licensed professional mover, in which case the City would pay for the actual cost of the moving services based on the lower of at least two acceptable bids (the City may, at its discretion, solicit competitive bids to determine the lowest reasonable move cost). Afterthe move is complete, the displacee may pay the mover directly and seek reimbursement from the City, or request a direct payment from the City to the mover. In addition to the cost of the actual move, one-time expenses associated with utility reconnections (e.g., gas, water, electricity, telephone, cable) would be eligible for reimbursement. Transportation costs would be limited to a distance of 50 miles, unless otherwise authorized by the City. b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses that is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Section to above. At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenant's own personal property, is $725, which includes all utility connections at the replacement location. The current schedule for fixed moving payments is provided below in Table 9. 15 75B-25 Table 9: Schedule of Fixed Moving Payments Furnished Room Count 1 2 3 4 5 6 7 8 Each Additional Amount $725 $930 $1,165 $1,375 $1,665 $1,925 $2,215 $2,505 $265 Unfurnished Room Count 1 Each Additional Amount 1 $475 $90 Source: Federal Highway Administration (effective August 24, 2015). z. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under State provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42 -month period and limited to a maximum of $5,250 as stated under State guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household. Rental/down payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or 2. The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: 1. The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement. Average monthly cost of utilities will be determined by actual statements/receipts over a 12 -month period or a statement of average usage from the utility company, if provided. The most recent local utility schedule will be used to determine estimated utilities' costs, if actual costs are not provided. For owner -occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or 2. Thirty percent (30%) of the displaced person's average monthly gross household income if the amount is classified as "low income" by US Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Exhibit C. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be 16 75B-26 determined to be the average monthly cost for rent and utilities at the displacement dwelling; or 3. The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 10 below illustrates the computation of a rental/down payment assistance payment amount. Table 10; Computation of Rental Assistance Payments 1. Old Rent $1,000 Old Rent, plus Utility Allowance Or z. AbilltytoPay $950 30% of the Gross Householdlncome* 3. Lesser of Lines 1 or z $950 Base Monthly Rental Subtracted From: 4. Actual New Rent $1,050 Actual New Rent including Utility Allowance Or 5. Comparable Rent $1,050 Determined by the City; includes Utility Allowance 6. Lesser of Lines 4 or 5 $1,050 7. Yields Monthly Need: $100 Subtract Line 3 from Line 6 Rental Assistance $4,200 Multiply Line 7 by 42 Months * Gross income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of to% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of Income received by the person who would not otherwise be able to seek employment in the absence of such care. 3. Down payment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit. A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the City funds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household's occupants and income. 17 75B-27 California State Relocation laws and guidelines provide a basic entitlement of up to $22,500 to compensate the owner for 1)purchase price differential; 2) mortgage interest differential (if applicable); and, 3) incidental expenses. a. Price Difference Differential The Purchase Price Differential is based on three factors: Acquisition Price: The price paid by the City of Santa Ana for the Project dwelling; Actual Purchase Price: The actual price paid for a replacement dwelling, and; Comparable Rep-acement Cost: The cost of a decent, safe, and sanitary dwelling comparable to the dwelling acquired by the City of Santa Ana. The purchase price differential amount is determined by comparing the price of the acquired dwelling (including any proceeds obtained through condemnation) to the lesser of the actual cost paid for a replacement home versus the price of the comparable dwelling used to compute eligibility in the Notice of Eligibility (NOE) issued to the displaced owner. b. Mortgage Interest Differential The purpose of the Mortgage Interest Differential Payment is to compensate homeowners for increased costs between the acquired dwelling and the replacement dwelling. The payment for increased mortgage interest cost shall be the amount that would reduce the mortgage balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as part of incidental costs. To be eligible for this payment, the mortgage on the dwelling being acquired must have been in place, as a valid lien, for at least 18o days prior to the City's initial written offer to purchase. C. Incidental Expenses - Closing Costs One-time, non-recurring closing costs associated with the purchase of a comparable, replacement dwelling are compensable. Examples of such compensable expenses include costs for: a property survey, preparation of a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes; loan application fees; loan origination fees; appraisal fees; a credit report; certification for structural soundness; and, termite inspection, when required. Prepaid recurring expenses for mortgage interest, property taxes and insurance are not compensable. The total Residential Housing Payment (RHP) is the sum of the Purchase Price Differential, Mortgage Interest Differential, and compensable Incidental Expenses. D. Last Resort Housing Based on data derived from the surveys and analyses of the occupants on the Project site and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required for some tenants. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person's average monthly income. IF 75B-28 Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of last resort. Due to the demonstrated number of available replacement housing resources, as shown earlier, the need to develop a replacement housing plan to produce sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($5,25o); hence, satisfying the requirement that "comparable replacement housing" is available. The City will pay Last Resort Housing payments in two installments. Recipients of Last Resort rental assistance, who intend to purchase rather than re -rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of down payment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling. E. Determinations of Comparable Housing Relocation staff would evaluate the cost of comparable replacement housing in the preparation of each individual NOE issued to residential displacees. For residential tenants and owner - occupants, the cost of comparable replacement housing would be determined primarily on a comparative basis of three, if possible, presently available, comparable dwellings. A Replacement Housing Valuation (RHV) Form would be prepared and placed in the file of each affected household. F. Relocation Benefits - Commercial Tenants, and Non-profit Organizations Eligible businesses would have two options with respect to claims for relocation assistance benefits: t. Compensation for actual reasonable and necessary moving and related expenses, or z. Afixed payment not to exceed $20,000 i. Payment for Actual Reasonable and Necessary Moving and Related Expenses Any lawful business that qualifies as a displaced person is entitled to payment for such actual moving expenses, as the City determines to be reasonable and necessary, including expenses for: 1. Transportation of personal property from the present location to the replacement location (transportation costs for a distance beyond 50 miles are not eligible unless the City determines that relocation beyond 50 miles is justified); z. Packing, crating, uncrating, and unpacking personal property; 3. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. This will include connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure, or to the utilities, or to adapt the utilities to the personal property; tg 75B-29 4. Storage of personal property for a period not to exceed iz months, unless the City determines that a longer period is necessary; 5. Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available. 6. Any license, permit, or certification required by the displaced business, to the extent that the cost is necessary for reestablishment at the replacement location. (These costs may be pro -rated based on the remaining useful life of any existing license, permit, or certification); 7. Reasonable and pre -authorized professional services the Displacing Agency determines to be necessary for: 1) planning the move of personal property; z) moving the personal property; or, 3) installing the relocated personal property at the replacement location; 8. The purchase and installation of substitute personal property limited to the lesser of: 1) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City, subject to certain limitations, or, z) the replacement cost, less any proceeds from its sale or trade in; 9. The modification of machinery, equipment, or other personal property necessary to adapt these to the replacement location or to utilities available at the replacement location; lo. Re -lettering signs and replacing stationary on hand at the time of displacement that are made obsolete as a result of the move; it. Actual direct losses of tangible personal property resulting from moving or discontinuing a business or non-profit organization, not -to -exceed the lesser of: i) the fair market value of the property for continued use at its location prior to displacement less any proceeds from the sale of the property; or, z) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City, subject to certain limitations; tz. Actual and reasonable expenses incurred in searching for a replacement business or non- profit organization location, not to exceed $i,000, and including compensation for transportation expenses; time spent searching for a reasonable location, meals, and lodging; real estate broker or agent fees; time spent in obtaining permits and attending zoning hearings; and time spent negotiating the purchase of a replacement site; 13. Low Value/High Bulk: when the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the City, the allowable moving cost payment shall not exceed the lesser of: 1) the amount which would be received if the property were sold at the site or 2) the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the City; zo 75B-30 14. A Reestablishment allowance of up to $1o,000, available to farms, non-profit organizations, and small businesses with no more than Soo employees. Reestablishment allowance payments are made in addition to compensation provided for actual, reasonable, and necessary moving expenses. Reestablishment allowance expense categories include but are not limited to: a. Repairs or improvements to the replacement property as required by federal, state or local law, code, or ordinance; b. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting business; c. Provision of utilities from right-of-way to improvements on the replacement site d. Construction and installation costs for exterior signing to advertise the business; e. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint paneling or carpeting; f. Advertisement of replacement location; g. Estimated increased costs of operation during the first two years at the replacement site for such items as: I. Lease or rental charges ii. Personal or real property taxes iii. Insurance premiums, and iv. Utility charges, excluding impact fees h. Other items essential to the reestablishment of the business. z. Self -Moves If the displaced business elects to take full responsibility for the move of the business, the City would make a paymentforthe business's moving expenses in an amount not to exceed the lower of the two acceptable bids or estimates submitted to the City. At the City's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate. 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses The option to claim a fixed payment enables for-profit and non-profit businesses to receive relocation assistance compensation without providing documentation of bids and actual expenses. The payment amount available to any individual business is based on an average of annual net earnings over a two-year period. For businesses that have not been in operation for two years, income figures can be annualized. The method for establishing income is through tax returns and/or certified financial statements. The payment to an eligible business may not be less than $t,000, or more than $20,000. zi 75B-31 To qualify for this payment, it must be determined that, a displaced business: • Owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; • Is not operated at the displacement site solely for the purpose of renting the dwelling or the site to others; • Cannot be a part of a commercial enterprise having at least three other establishments which are not being acquired by the City, and which is under the same ownership and engaged in the same or similar business activities; • Must not be able to relocate without substantial loss of patronage; and • Contributed materially, as defined by the City, to the income of the displaced person during the two taxable years prior to the displacement. When a fixed payment would precede settlement of a claim for compensation for loss of goodwill under the Eminent Domain Law, the City, before tendering payment, shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedure, §1263.510 et seq. (the Eminent Domain Law, Chapter 9, Article 6 —"Compensation for Loss of Goodwill') would be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the fixed payment made and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible to receive as outlined in Section IV.F.1, above. G. General Information Regarding the Payment of Relocation Benefits Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after: • For tenants, the date of displacement; or • For owners, the date of displacement or the date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments would be as follows: t. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance; z. Relocation staff would review all necessary documentation including, but not limited to, scopes -of -services, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; 3. Required claim forms would be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocation staff and submitted to the City; 4. The City will review and approve claims for payment, or request additional information; 5. The City will issue benefit checks to claimants in the most secure, expeditious manner possible; zz 75B-32 6. Final payments to residential displacees would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; 7. Receipts of payment and all claim material will be maintained in the relocation case file. H. Relocation Tax Consequences In general, relocation payments are not considered income for the purpose of Division z of the Internal Revenue Code Of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division z of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the City or OPC. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. 23 75B-33 V. Administrative Provisions A. Holdover Tenancies The City's acquisition schedule may allow some business and residential tenants to remain in occupancy of the City's acquired properties for periods as long as six months prior to displacement. It is anticipated that by adding time to the relocation process, businesses would have greater opportunities to successfully reestablish operations at a new location. Residential tenants would benefit by having greater flexibility to plan a move around school schedules, as an example, or other personal considerations. Holdover tenants would be required to enter into a Rental Agreement with the City and make monthly payments. The City would assume responsibility for all property management functions. Holdover tenants would be required to conform to state and local law and the requirements of the City's Rental Agreement, or face eviction in conformance with the City's eviction policy as set forth in Section V.E. B. Notices Each notice that the City is required to provide to a property owner or occupant shall be personally delivered or sent via certified or registered first-class mail, return receipt requested and documented in each case file. Each notice would be written in plain, understandable language. Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other help. There are three principal notices: 1. General Information Notice (GIN), 2. Notice of Relocation Eligibility (NOE), and 3• 90 -Day Informational or Vacate Notice The GIN is intended to provide potential displacees with a general written description of the City's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN would be issued at the time the properties are being appraised. NOES would be distributed to each commercial and residential displacee. The NOE that would be issued to business operators acknowledges the recipient's eligibility for assistance and right to make claims for relocation assistance benefits. The NOE to residential displacees, both tenants and owner -occupants, contains a determination of eligibility for relocation assistance and a computation of maximum entitlement based on information provided by the affected household and the analyses of comparable replacement properties undertaken by relocation staff. NOES would be issued promptly following the Initiation of Negotiations (ION) with property owners. No lawful occupant would be required to move without having received at least go days' advance written notice of the earliest date by which the move would be necessary. The 90 -day vacate 24 75B-34 notice would either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant would receive a further notice indicating, at least 6o days in advance for residential tenants and 3o days in advance for owner -occupants and non- residential occupants, the specific date of the required move. The 90 -day vacate notice would not be issued to any residential displacees before a comparable replacement dwelling has been made available. In addition to the three principal relocation notices previously identified, relocation staff would issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: t. Are eligible for monetary benefits, z. Have moved from the acquired property, and 3. Have not filed a claim for benefits. Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits. C. Privacy of Records All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents. D. Grievance Procedures A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacement housing referrals, or the City's property management practices must file an appeal form or any other written form of appeal with the City's Right -of -Way Project Manager or his/her designee (Hearing Officer). The Hearing Officer shall set a hearing date of no later than 3o days from receipt of the appeal. The person making the appeal shall have: t. The right to present oral and/or written evidence in support of the appeal, 2. The right to seek legal counsel (hired at the appellant's sole expense), and 3. The right to seek judicial review once having exhausted all administrative appeal remedies. The Hearing Officer shall render a decision, in writing, within 3o days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his/her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer's decision. 25 75B-35 E. Eviction Policy Eviction for cause must conform to applicable state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that: 1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or 2. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and 3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled. F. Citizen Participation The City conducted several public hearings for the Project on the following dates: • May 22, 2012 - O Meeting to provide and gather feedbacks • June 12, 2012 - Pres South Main Business P • July 10, 2012 - Open Hoi to obtain comm feedbacks • October 18, 2012 Meeting to discuss CE process • February 13, 2013 - M Cherry Aerospace • May 13, 2013 — Enviror Transportation Committee Meeting • February 3, 2015 - Public Meeting to present the Draft EIR and gather comments • February 7, 2015 - Public Meeting to present the Draft EIR and gather comments • April 8, 2015 - Meeting with various coalitions (Santa Ana Active Streets, Equity for All, and others) to go over project information and right-of-way process • April 29, 2015 - Q&A Session at special meeting called by the Delhi Neighborhood Association • May 21, 2015 - Provided updated information and right of way process to the Delhi Neighborhood Association at their regular scheduled neighborhood meeting i7 75B-36 • June 18, 2015 - Provided updated information and right of way process to the Delhi Neighborhood Association at their regular scheduled neighborhood meeting • July 23, 2015 - Provided updated information Delhi Neighborhood Association and other interested parties. • September 1, 2015 - City Council adopted The Environmental Impact Report. • June 8,2017 — Provided updated information to Delhi Neighborhood Association and other interested parties. • October 24, 2017 — Provide updated information to Delhi Neighborhood Association and other interested parties. As the process for implementing the Project advances, the City will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the occupants in the Project area, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of this Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 3o days prior to its proposed adoption; G. Projected Dates of Displacement The City has approved acquisition and relocation activities, which began in September 2017 and would be completed no later than the fall of 2018, with construction scheduled to begin in spring of 2019, and the Project is anticipated to be completed by Winter of 2019. H. Estimated Relocation Costs The total budget estimated for relocation -related payments for this Project, including a 10% contingency, is as follows: Relocation: $ 1,734,834 (escalated) Contingency at 20%: t 3.46,966 Total: $ 2,0811800 The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is to be implemented, and circumstances arise that change the number of residential and business occupants or the nature of their activity, the City would authorize any additional, compensable funds that may need to be appropriated. The City pledges to appropriate, on a 27 75B-37 timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for Last Resort Housing (LRH) as indicated in Section IV.D, of this Plan to meet its obligation under the relocation regulations. 28 75B-38 Exhibit A: Residential Interview Form 75B-39 Residential Relocation Interviews CuuLRajvct rnP IIX 9'a•YJ . ]WP51pM MtW iF.OfB: GUnoaupLd cty. M : m}uvivwr. G w Condo INDIVIDUAL OCCUPAIITS (use aMfional pages os needed) L A'xra GxnM P 4 PspkyeF.OWOC Ftasn?iP (ffit%XEOYHFXGIISENOLO Gip\BRp: mars 4M (4azC XttRl¢@TPI.CKOR.fI[ 2e'SmlQrte: nb eruH: RviaSaCe�'3t tbeh mtn: nH+sB��nve� 2 !,'�4: Ginbin F Y EnPVJ6n:. Rfb::m3iP lh£1% ❑Ipv91)W n9Tf 3n6 ((4]%h2THX1(:'-0.'=ORIF- li9'SDXQt@: WTG`�tE taaViPn=�ao N£SF a�z udrX: PlmciuersC tgpi161@: lra�o]Inacc 11. re: F Y EID�CN:�Oao[ Ril}CrtAP:\£1% ❑10t1MP1 tr\31f 82 {C4]% haM.@'1'PLOY1PR.aC YnC'�XRQ: 6H lYDCK L'raw FRs�Mz% ]aa plX/X: Plmtivt'�i3t \ltiPfl Q]$ re�s�Emn__� lA'SnF: Gu .. P Y wpuyuF Re¢creiP lisl% ❑Iovvi(ea mans sa l[32% hSmiElPCEa:�p]1i �tie5�I1H'2' A'H liGH¢ IaLlResers li£91: Y.a dtirh Pwki3'er3i ttvzb Nta. u."'�mineeG S NsiC: GMM F Y a*qJ tiOOO[ ❑IOnfAef Vr9fY 411E42C XCC�n&t�jL 4=aRjl[ :ieYtal6CY. 6H MRE laaMpesao p's]% 50 NLi9[ Rme.P,3e'aHt 1pFhm[4. ws£�advnev� 6 Ail¢ eeevhr. F u Er.PkyeSE, Rero;rc�P(a£\% ❑ sHx tmw Resa�x rys s% xa aeirn: ctmemarSt \aei�am: Nnywtrtne�' 75B-39 DWELLING HOUSEHOLD Wiling Address: ❑ residence daft f Pram-ry ooa+pan's.p rKt,cWain innctes) C4,5t 2m ❑ Can wreone reaMunderstrid Engfrh? If not, la=iage: Canon copyAla m: FaceZfn t .. ❑ Amkcan lydan'Ala>kan ❑ Asan ❑ EladVAMcar Ameican ❑ Ham lariPaac Isander ❑ F%,pulicllatilo ❑ Pdrte ❑ Olhe ❑ Wed C)" 5~ aF: DwENmq Type Tist4): Eed'oanG ;6m6ity5mrage: typu eq Ft SiMxnbto: ❑Landphxe ❑TVsertce ❑tnterd 0.mm Basemen eaTtncma ❑lkm?based butiroac:s?(dwmbn rrles) tionparrily rims wrg=_ SRaces ❑ Fent moms in dweDing? (dasebe in rotes) Rnng nom cmezm taRcn sNc ❑ On bed in=e a Wbric a earcx?(des3e inOccupents) De05L-- Taw Rooms: Tot" pnpicatand aontmit mine to mmv: Fagg spaces 0Dsaded0omWx?(dc-scdbenndd,;atmmane:dsin0xwants) ttAroer clans Replacement site soeeial needs (mark and desmbe in Notes) ❑EnRloymlentaxem ❑Shtppfng ❑Pubic banspod ❑Religious ❑ kremcal wriities'semms ❑ SodatPub5c sermes ❑ SdW nerds ❑ Re'atvnEdidc ❑Wdewe ❑ Other spedai reeds 0. CwT CceftN r1wa rosav llm atGuap ❑Evapj-%anp riNme Headrg: ❑FVj ❑RZ4= Mmolvi7-r iiep KF 13Wx r7rencvrp Nelimg Condtim ❑ Good ❑ Fa ❑ PDa NeigataMod Ccndton: ❑ Gool ❑ Fair ❑ Poot Amaeus: ❑ AD occlrants to move to the wins dueling? (d net, eglah in rates) TENANT Fepla-anal dtelfry prefaranx: ❑ Red ❑ EW Reit terns: ❑ Mmtn-M" ❑ Lease. rrcrEhs tat Can re xate from: ❑ NelrboftW ❑ City ❑ County ❑ State ❑ Rerd reduced in ezctan}for sn;Ace ❑ Und furdstadby tenard Prefered rekc.-tim ales: kfmDdyari2ctrent5 swirity dep=$ HOMEOWNER Lardudinaage nema#L Lct time (sq h): Datepuctased I Ag_dms ❑ Y.W ten mmil aTww; avi llakle? ❑ Rerd receipts ava&aNe? ❑ 0M dear, m mmg7oa11s 1 ❑ Nopfve egity I mef stories 13Rewi•8•g Sec6at8 or other hming assste? isl Loan lnfomution 2nd Loan Wormation Cmemd:er namaxh: Lender. Lader. mint tauntpati a rent 5 Loan Type gist 5): Loan Type(fst5): An^ueI@m7y'a.Ddc5ree)pamstoa0onraedc 5 Cuneri%Rate: Cunari%Rate: Arnual nm4i emh,rs5dtlMicel eVenses $ Pdecpal Balm: b Prv4 I Balance: E Arraa'. nm4emb. hanioapped assistance erpereces: 5 O.—W Date. Crgna Date Utilities paid by tenant ❑Gas: E Pets: RernalmN non : Ramanng maths: kbnwy P&I parent MmHyP81pafr&rt ❑Beeim E ❑ water. S ❑Sewer S 13 Trash: $ ❑NAVE Energy solace: Gas Becb 0? 0dner Ck'A Slava: ❑ ❑ Cl W-Ier Heafar. ❑ ❑ ❑ Space Heat ❑ ❑ ❑ /arCa*Afc ,4 ❑ ❑ ❑ MOBILE HOME Pal space: ❑ Rent ❑ Gan Ocack ❑ Red ❑ Om Pairnt$ k"akAlodal: Ccadt rength (N: Year. Coadrvfdh(h): Decal 9: 75B-40 �IMERVIEW tIOTES (explain all special dwelfnglhousehold circumstances, including those noted on page 2) 1. ROM= SPY , CURI, FMV CR1a, F'WHP., PS .EMng,A=I"Ie,Cr'UNT;C7alapi.FS3, PacT.hLIN, Wng OClerrl=w,fVCn1=- Iln m : W3yeVSW2i3, SMIW SeLRij;y'19D.-ielM, C W d SL); cvXftr a.Y, woi 7ANRAFDC, FaliY54.jULUCCA 3line'_S V,WRL, I= -r ADiiC*nM, LW-ffpiA'MS CMV, AFP3Y, EITA CaGh fta ,RSt AElu:dm, Me 5. Legal Sttato: LT1tmy' CftmErw :m 1:, umu OCRs, N 0 T LJA 4WC ir*:o pcve _ 4. Dw Hng: 5F:Z tt. ¢'A 3 -Ra[ C-:ex,ApwtT*N Cm -mTh:me, Y.wwx Q LWE HG , li/, Chis, 5. Lau FhSdW 2%AkV=e MnyMe,[t-Mt Cny, nC4 tMOC, A40=C HELOC, rH^ eY.o:ga1%CQk, I certify that an occupants have been identified above and that all information provided for this survey is true and complete to. the hest of my knowledge. ClaimarSMle: Date SiTo me: 75B-41 Exhibit B: Business Interview Form 75B-42 Business, Relocation Interview CufnEsrslf2 GSF m: STBdCe3NF. marreaO3�: i Om"ied CLLy.6i➢P N'<n'F1i Np nteCl Business Glatmant Information u;31cu'rx-1 raPa leant mnss); vemm'vdm^anF1 r..'4eSpij. oenH¢kP lypf: ❑ y¢Fsyrwr ❑ C3PHSiF ❑Gy.��M ❑ Nx3g[k EuainNSTypr. UMryFe(mll): OFC:Sia(ItiJ: vireanlironinsnimnPW2As:Rr,�.n3(rwi: 413il�'SMfeiftidi#Rtj iKyrp>4'm plNM1R1'faEFt J]90=inFA ¢1�]fENC ilu Sa¢matin: BUSImsE Contact Information eonadllsttv:an Osnhdf Osn1x.13 V1P4: T63'Fp5[ac ti3h39 FnsF: uomam: P.1C m rca+: 7Cas ta seam sl niSaVNoi!rniaS dims .mds ¢fmFrta rf3i'uidFR'gni Enahhi It Mt 1n3n22: Business Professionals involved (Aft..eyllll Aaoountan Broker Nove PWnner COntraeta P1Fhui0eL1 TdNiionllS N¢WNionL1 V1P2 Gk""LK _i¢%SYfiI$F J.vasly. Polnii4 sssres Fnre: 3a rawnM6�a0.1'aaSFYSfY. ]i5'.'OdteR49?mP9L'L Ceu a1a2' NIRS N)F.Z 11e1 �1}!RiF!OS}: WpnmMl 4Te nlSf. %aSz JP3,�'!a L:m[RKcmCICK VI4eih�nF[ —u3 ]FTVL A]li MihFf3fy met cc ares rcax 0.11nY s'M1i1lT9]±: Business Besviption and Features POInet 1.ti160: iy JI'.4 fPpJl°-f 3: USra:1142R u'tl'JIYECPpF1taC .:JSM'Ht.033n2 Iil53EJtileF pSinE53? NyK.6 cCYdR. SW Tj KIDFtr\'SUCI¢7 JLS'C2Y.Y04H WSfeiiK eI13C�: s-1a�Ys�o-aaes- :txNSaam3imiraR"SLL'oauC FSea4 .: :itnSxev G.Af mne poiF.y. In23sbn1XTa n13 avirs33 (Yi.7- ayK.C= 75B-42 3a rawnM6�a0.1'aaSFYSfY. ]i5'.'OdteR49?mP9L'L NIRS N)F.Z 11e1 �1}!RiF!OS}: WpnmMl 4Te nlSf. _5r�y file t a¢k mLe m nav C>;Prs JP3,�'!a L:m[RKcmCICK VI4eih�nF[ ]FTVL A]li MihFf3fy met 'S-tpR'1 mv'cCSm[FZre4'GOfi' 0.11nY s'M1i1lT9]±: %LG4R.F F�Pm1FY> POInet 1.ti160: iy JI'.4 fPpJl°-f 3: 75B-42 Property Site Features I Si<rpuarWulk(pmrAs): zcrinpbssigmad.n: oaupmcywt=3 Taiojv ng3q.IL' PZ&A pmeS ❑ M= -rt anmremal TONW4541L =:ng Wises: ❑l.eu<e: G*m: npi:rs: AnaBreardn" DJabq=G . ❑ m n e: LEGE bSq.lt: CkacJlbLEjrS ❑ Omoear it'a.4!Wso5rgp sq -t: ei]h^•aj=Is: wRtNy p+'rm%'nt Yale sqR: lass-ap/mizoIe Business EquipmenVImprowments _ nleTcry 4�tazitvkr Pbene cyedm CamDu!erayanro E:*CVMl(Anpsr Type�trrd: NLr-l-.• o1 PC5: a pft: s (MI: Server loam (a ofra.G h'C, Paw, et4r Descoe ptmting: Aga. V$m In2S - ex: egurmsmip-6-�erxy,x^.7. r:sel:..�k.<+.cyo'W,tk ala specilC1E(. Fa ane= cm lm n0_ -ma Se:YC6)=xe QL.ar mdiwta quantity of each type of equipment on ada: Sligoa rw FIBeZ: SInbS ACuav_* tvDlchMir. mrfar. H'od: WWmAreeiea ecam Afit. atr.=1Ta➢bccm DpIde mg P= uST., RXkng�--Nirg: sy5:an fimbm Akfrx— Walarliflm Ha C: er s'gr?ont unptia:�en6tn actin=ry�Fgd�vr¢ tease] egdpoemons•� Drdeteegip ardoreaugmerl==-.IteMac Permits I.Required Speoial"asts Iit rE*&ed spsdd permfs and ricer*es with number (F=id=_ mpy): Operate order Cmitim:1 Use Pr. X.(prerde apy) Un CUP be mq iredat o roti (ora5n7 Assi;7nae reqursd in abtaning any Permftkoefo�?: Dex:oe myw'aitam u,'eaa dsdroge'erdscns: Isth=rdom ma.slds used or stored (ecGdng hmCmg and dsposaT Bei fa mmide spedarsts for a me: C 19F.1= O.3.ara• P cLCI .W Inns( 75B-43 ;-z Preferred'replaeement site atsnbutes Re,cm5m ana: PmFeny access M daaq: ZcnG.3-.yTe d use: Trak acwss: Leasef punhase: FreeMysIa,.!eria's pspmiy. 2uHmg vzarzywt Wbictranapadaccess: Sin3le'mw<:stvy kakirg: Pedestdm acvss CNonnce'hei3ht Fading spaces Laby.udsae: Shipp igImovOng!ype: Spedal utTry needs: DamograFhic nsads: In:eaet service roads: TnfSc count reeds: Rmcisa'arinammmi cbc Yn3uyneeds: Specific concerns and anticipated move challenges List of any idenfified replacement sides Addreaa Bldg eme Lot size Leaseamount Status Brokerinfo 1 2 3 AOOITIONAL INTERVIEW NOTES (explain allspecial circumstances, including those noted above) 1.URA tusmese type: 13113111x8. Farm, Nor.-Profit z WC tCnIn633 type: Agr[MItma. tnauatdal oFM. Rahn Sakro Retail service. specialFlnpcsa(debucodex) 3. PI316a31CIM! SpaCb[W- Adomey.AccomdriL Bmkar. MC)" P=n3. Cardfactcc A. mbmte iew aSL CAICTI. fitw, sata&te. otlwr 1 certify that ail information in this survey is true and complete to the best ormy knowledge. The information contained herein shall be treated confidential to the extent permitted by law. COimant Noma: Date: SignatLm- G S?ECi_012 a.eran4 Pa.^•:.c A Ml +, a!`.. lcy'tml 75B-44 Exhibit C: HCD Income Limits - Orange County r DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OFHOUSIIIGPOLICY DEVELOPMENT DIVISI9 OFHOUSING ro9A ° Sacco mCA 83833 r (916)203.2011GMAXIM) 227453 June 9,2017 MEMORANDUM FOR: Intt�erres d Parties FROM: Jghnder Seeg r, Assistant Deputy Director ivi ion of Housing Policy Development SUBJECT: State Income Limits for 2017 Attached are briefing materials and State Income Limits for 2017 that are now in effect and replace State 2016 Income Limits. Income limits reflect updated median income and household income levels for extremely low-, very lour-, low-, and moderate -income households for California's 58 counties. The States Official 2017 Income Limits can be downloaded on the Department of Housing and Community Development's (Department) website at httoltw .hod.m.eowamnts-funQirm(ncome-limitslstate-and-tedeml- income-fimRs.shtmi. State Income Limits apply to designated Programs and are used to determine applicant eligibility (based on level of household income) and calculate affordable housing cost for applicable housing assistance programs. Note that use of State Income Limits is subject to a particular pprogram's definition of income, family, family size, effective dates, and other factors. In addition, definitions applicable to income categories, criteria, and geographic areas sometimes differ depending on funding source and program resulting in some programs using other income limits. The Briefing Materials (next page) explain Californias 2017 Income Limits and were updated based on: (1) changes to income limits the U.S. Department of Housing and Urban Development (HUD) released on April 14, 2017 for its Public Housing and Section 8 Housing Choice Voucher Program and, (2) adjustments the Department made based on State statutory provisions and its 2013 Hold Harmless (HH) Policy. Since 2013, the Department's HH Policy has held State Income Limits harmless from any decreases in household income category and median income levels that HUD, since 2010, began applying to its Section 8Income Limits after eliminating its longstanding HH Policy. HUD determined its HH Policy was no longer necessary due to federal law changes in 2008 (Public Law 110-98) prohibiting rent decreases in federal or private activity bond funded projects. For questions concerning State Income Limits, please contact Department staff at (916) 263-2911. 75B-45 2017 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 79AT-TW-+T Department of Housing and Community Development (HCD), pursuant to Health & Safety Code Section 50093(c), must file updates to its State Income Limits with the Office of Administrative Law. HCD annually updates these income limits based on Federal Department of Housing and Urban Development (HUD) revisions to its Public Housing and Section 8 Housing Choice Voucher Program that HUD released on April 14, 2017. HUD annually updates its Section 8 Income Limits to reflect changes in area and family median income levels and income levels for different size households and income categories for extremely low, very low, and low-income households. HCD, pursuant to statutory provisions, makes the following additional revisions: (1) If necessary, increase a count's area median income to equal California's non -metropolitan median income, (2) adjusts area median income and household income category levels to not result in any decrease for any year after 2009 pursuant to HCD's February 2013 HH Policy. HCD's HH Policy was implemented to replace HUD's HH Policy, discontinued in 2009, to not decrease income category and area median income levels below a prior years highest level and, (3) determines income limits for California's moderate -income category. Following are brief summaries of ddferent technical methodologies used by HUD and HCD in updating income limits for dfferent household income categories. HUD Methodolo HUD uses 40th percentile rents in 50th percentile fair market rent (FMR) areas, to calculate high housing cost areas. The purpose is to prevent fluctuations in "Low -Income Housing Tax Credit Difficult Development Area" determinations that result solely from high housing cost income limit fluctuations as areas go in and out of the 50th percentile FMR program. Extremely Low-income The Extremely Low -Income limits is calculated as 60 percent of the very low-income limits and compared to the most recent update to the Federal Poverty Guidelines_ if the,poverty guidelines are higher, those values are chosen. The value is capped at the Very Low -Income level_ Very Low-income The maximum Very Low -Income limit typically reflects 50 percent of median family income (MFI). HUD's MFI figure generally equals two times HUD's 4 -person very low-income limit, except when HUD applies adjustments. HUD may adjust income limits for an area or county to account for conditions that warrant special considerations, referred to as exceptions. Low -Income In general, maximum income for low-income households reflects 80 percent of the MFI level. Most low-income limits represent the higher level of: (1) 80 percent of MFI or, (2) 80 percent of State non -metropolitan median family income. However, due to adjustments that HUD sometimes makes, strictly calculating low-income limits as Page 2 of 5 75B-46 2017 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 80 percent of MFI could produce unintended anomalies inconsistent vrith statutory intent_ HUD's briefing, materials specify that, with some exceptions, the low-income limit reflect 160 percent of the very low-income limit. HUD may apply exceptions to areas with unusually high or low housing -costs -to -income relationships. An example of the result from HUD applying an exception.to an area could be an increase to the low-income limit without an increase to the very low-income limit. In sum, an 60 percent limit cannot be assumed to equal 80 percent of the AMI or 4 -person median income limit nor 160 percent of the very low-income limit due to adjustments HUD may make. Median Family Income/Area Median Income HUD references and estimates the MFI in calculating its income limits. California law and income limits reference Area Median Income (AMI) that, pursuant to Health & Safety Code 50093(c), means the median family income of a geographic area estimated by HUD for its Section 8 Program. HUD's calculations of Section 8 Income Limits begin with the production of MFI estimates. FY 2017 MFI estimates use 5 -year survey data (American Community Survey (ACS) 2010- 2014 augmented by 2014, 1 -year ACS. HUD then adjusts the survey data to account for anticipated income growth by applying the Consumer Price Index (CPI) inflation forecast (from federal FY mid -2014 through mid -2017) that the United States Congressional Budget Office published in January 2017. HUD's determination of MFI is used to calculate very low-income limits that are then used as the basis to calculate income limits for other income categories. Adjustment Increases HUD may apply exceptions to areas with unusually high or low family income, uneven housing- cost-to4ncome relationships or historical exceptions_ Very low-income limits are used as the base to calculate extremely low and lovr-income limits. The following reflects HUD's explanations of adjustment increases contained in HUD's FY 2017 Income Limits Briefing Material: HUD applies an increase, 'd the four -person very low-income Emit would otherwise be less than the amount at which 35 percent of it equals 85 percent of the annualized tvo-bedroom Section 8 FMR (or 401' percentile rent in 5W, percentile FMR areas). The purpose is to increase the income limit for areas where rental -housing costs are unusually high in relation to the median income_ HUD applies an increase to the four -person income limit to equal the State non -metropolitan median family income level_ In addition, HUD restricts adjustments so income limits do not increase more than five percent of the previous years very low-income figure OR twice the increase in the national MFI, whichever is greater_ This adjustment does not apply to the extremely low-income limits. Income Limit Calculations forflousehold Sizes Other Than 4 -Persons Income limits for all income categories are adjusted for household size so that larger households have higher income limits than smaller households. For all income categories, income limits for household sizes other than 4 -persons are calculated Pane 3of5 75B-47 2017 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 using the 4 -person income limit as the base_ HUD's adjustments use the following percentages, with results rounded to the nearest $50 increment Number of Persons in Household: 1 2 3 4 5 6 7 8 Adjustments: 70% 80% 90% Base 108% 116% 124% 132% Income Limit Calculations for Household Sizes Greater Than 8 -Persons For households of more than eight persons, refer to the formula at the end of the table for 2017 Income Limits. Due to the adjustments HUD can make to income limits in a given county, table data should be the only method used to determine program eligibility_ Arithmetic calculations are applicable only when a household has more than eight members. Reference: FY 2017 HUD Income Limits Transmittal Notice PDR -2017-02 issued April 14, 2017 and HUD Income Limits Briefing Material dated March 21, 2017, both of which can be found at hffi3s://www.huduser-aov/DortaYdatasetsril.html- HCD Methodolo State law (Health & Safety Code Section 50093, et seq.) prescribes the methodology HCD uses to update its Official State Income Limits. HCD utilizes HUD's Section 8 Housing Choice Voucher Program Income Limits. HCD's methodology involves: (1) increasing counties' smaller median incomes established by HUD to equal Calffomia's non -metropolitan median income determined by HUD, (2) applying HCD's HH Policy, in effect since 2013, to not allow decreases in area median income levels and household income category levels, and (3) determining income limit levels applicable to California's moderate -income households defined by State law as household income not exceeding 120 percent of county area median income. Area Median income and Income Category Levels HCD, pursuant to federal and State law and its HH Policy, adjusts median income levels detemfined by HUD for a metropolitan county (county included in a metropolitan statistical area) and for a non -metropolitan county (county not included in a metropolitan statistical area). HUD, pursuant to Federal law (Section 567 of the 1987 Housing and Community Development Act) and policy, requires adjusting any county's smaller median income to equal HUD's higher determined State non -metropolitan median income (559,900). Next, HCD, for all counties, applies its HH policy to ensure area median income and income limits for all household income categories do not fall below any level achieved in the prior year. Moderate -Income Levels HCD is responsible for establishing California's moderate -income limit levels. After calculating the 4 -person area median income (AMI) level as previously described, HCD sets the maximum moderate -income limit to equal 120 percent of the county's AMI. Applicability of California's Official State Income Limits Applicability of these State Income limits is subject to particular programs as program definitions of such factors as inconfe, family, and household size, etc. vary. Some programs, Page 4 of 5 75B-48 2017 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 such as Multifamily Tax Subsidy Projects (MTSPs), use different income limits. For MTSPs, separate income limits apply per provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Public Law 110-289). Income limits for MTSPs are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under Section 42 of the Internal Revenue Code (Code). In addition, MTSP income limits apply to projects financed vAth tax-exempt housing bonds issued to provide qualified residential rental development under Section 142 of the Code. These income limits are available at httpl/www_huduser_orgMatasets/mtsp.htmt. Page 5 of 5 75B-49 County Income Category i Number of Persons in Household 1 1 2 1 3 1 4 1 5 1 6 1 7 8 Last Page instructs how to use income limits to determine applicant efigibirly and caludate affordable housing cost and rent Alameda County 4 -Person Area Medan Income: $97,400 Extremely Low 21950 25050 28200 31300 33650 36350 38850 1 41350 Very Low Income 36550 41750 46950 52150 56350 60500 64700 68850 Low Income 56300 64350 72400 80400 86B50 93300 99700 106150 Median Income 68200 77900 87650 97400 105200 113000 120600 128550 Moderate Income 81650 93500 105200 116900 126250 135600 144950 154300 Alpine County 4-Percon Area Medan Income: $94,900 Extremely Low 18150 20750 23350 25900 28780 32960 37140 41320 Very Low Income 30250 34600 38900 43200 46700 50150 53600 1 57050 Low Income 46100 5265059250 65800 71100 76350 81600 86900 Medan Income 66450 75900 85400 94900 102500 110100 117700 125250 Moderate Income 79750 91100 —ft— 113900 123000 132100 141250 150350 Amador County 4 -Person Area Medan Income: $72,300 Extremely Low 15200 17400 20420 24600 28780 32960 37140 41320 Very Low Income 25350 28950 32550 36150 39050 41950 44850 47750 Low Income 1 40500 46300 52100 57850 62500 67150 71750 76400 Median Income 50600 57850 65050 72300 78100 83850 89650 95450 Moderate Income 60700 69400 78100 86750 93700 100650 107550 114500 Butte County 4 -Person Area Medan Income: $62,600 Extremely Low 13200 16240 1 20420 U 24600 28780 32960 37140 1 41320 Very Low Income 21950 25050 28200 3130033650 36350 38850 41350 Low Income 35100 40200 45100 50100 54150 58150 62150 66150 Median Income 43800 50100 56350 62600 67600 72600 77600 82650 Moderate Income 52550 60100 67600 75100 82200 87100 93100 99150 Calaveras County 4 -Peron Area Medan Income: $70,200 Extremely Low 14750 16850 20420 24600 28780 32960 37140 41320 VeryLow Income 24600 28100 31600 35100 37950 40750 43550 169650 46350 Low Income 39350 44950 50550 56150 60650 65150 74150 Median Income 49150 56150 63200 70200 75800 1 81450 87050 92650 Moderate Income 58950 67400 75850 84250 9F000 97750 104450 111200 Colusa County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 2400 28780 32960 37140 39550 Very Lmv Income 21000 24000 27000 2995032350 34750 37150 39550 Low Income 33550 38350 43150 47900 52750 55600 59400 63250 Median Income ji 41950 47900 1 53900 1 59900 1 64700 1 69500 74300 79050 Moderate Income 1 50350 57500 1 64700 1 71900 1 77650 1 83400 89150 94900 Contra Costa County 4 -Person Area Medan Income: $97,400 Extremely Low 21950 1 25050 1 28200 1 31300 1 33850 1 36350 1 38850 1 41350 Very Low Income 36550 41750 46950 52150 56350 60500 64700 68850 Lovr Income56300 64350 72400 80400 86850 93300 99700 106150 Median Income 68200 77900 87650 97400 105200 113000 120800 128550 Moderate Income 1 81850 1 93500 1 1052001 1169001 1262501 135600 144950 15430D Del Norte County 4 -Persson Area Medan Income: $59,900 Extremely Low 12600 1 16240 1 20420 1 24600 1 28780 1 32960 1 37140 1 39550 VeryLow Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 517525O 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 1 50350 57500 64700 1 71900 77650 83400 89150 94900 75B-50 Comity Income Category i Number of Persons in Household 1 2 1 3 1 4 1 5 1 6 1 7 8 Lon page Instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent El Dorado County 4 -Person Area Median Income: $76,100 Extremely Low 16000 18300 20600 24600 28780 32960 37140 1 41320 Very Low Income 26550 30450 34250 38050 41100 44150 47200 50250 Low Income 42650 48750 54850 60900 65800 70650 75550 80400 Medan Income 53250. 60900 68500 76100 82200 88300 94350 100450 Moderate Income 63900 73050 82150 91300 98600 105900 113200 120500 Fresno County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 1 37140 1 39550 Very Low me 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 '1752221059400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Glenn County 4 -Peron Area Median Income: $59,900 Extremely law 12600 15240 20420 24600 1 28780 .32960 1 37140 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Median Income 41950 1 47900 1 53900 1 59900 1 64700 1 69500 74300 79050 Moderate Income 50350 1 57500 1 64700 1 71900 1 77650 1 83400 89150 94900 Humboldt County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 1 16240 20420 24600 1 28780 32960 1 37140 1 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Median Income 41950 47900 1 53900 1 5990064700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Imperial County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 1 37140 1 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Medianlncome 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Inyo County 4 -Person Area Medan Income: $72,000 Extremely Low 15150 17300 20420 24600 28780 32960 1 37140 1 41320 Very Low Income 25200 28800 32400 $6000 38900 41800 44650 47550 Low Income 40350 46100 51850 57600 62250 66850 71450 .76050 Medan Income 50400 57600 64800 72000 77750 83500 89300 95050 Moderate Income 60500 69100 77750 8640D 93300 100200 107150 114050 Kern County 4 -Pelson Area Medan Income: $59,900 Extremely Low 12600 16240 2D420 24600 28780 32960 1 37140 1 39550 VeryLowlncome 21000 24000 27000 29950 32350 34750 37150 39550 Lay Inane 33550 38350 43150 47900 51750 55600 59400 63250 Medan Income 41950 47900 53900 69900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Kings County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 1 37140 1 39550 Very Lav Income 21000 24000 27000 29950 32350 34750 37150 39550 Lar Income 33550 38350 43150 47900 51750 55600 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 949DD 75B-51 County IncomeNumber Category of Persons in Household 1 2 1 3 1 4 1 5 1 6 1 7 1 8 Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Lake County 4 -Person Area Medan Income: $59,900 Extremel Low 12600 16240 20420 24600 28780 32960 37140 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 1 47900 51750 55600 59400 63250 Medanlncome 41950 47900 53900 69900 64700 69500 74300 1 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Lassen County 4 -Person Area Medan Income:Low $69,400 Extremely Law 1 14600 1 16650 20420 24600 1 28780 32960 1 37140 1 41320 Very Low Income 24300 27800 31250 34700 37500 40300 43050 45850 Ncoma 38850 44400 49950 55500 59950 64400 68850 73300 Medanlncome 48600 55500 62450 69400 74950 80500 86050 91600 Moderate Income 58300 66650 74950 83300 89950 96650 103300 109950 Los Angeles CountyExtremely 4 -Person Area Medan Income: $64,800 Low 18950 21650 24350 27050 29250 32960 37140 41320 Very LOwlncome 31550 36050 40550 45050 48700 1 52300 55900 59500 Low Income' 50500 57700 64900 72100 77900 83650 89450 95200 Median Income 45350 51850 58300 64800 70000 75150 80350 85550 Moderate Income 54450 62200 70000 77750 83950 1 90200 96400 102650 'Lawmwme exceeding median income is due to HUD adjustments to the feritt.w Income income limit to account for hi h homing casts. Madera County 4-PentonVery Area Medan Income: $59,900 Extremely Low 12600 16240 20420 2460D 28780 32960 37140 39550 Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Marin County 4 -Person Area Medan Income: $115,300 Extremely Low 27650 31600 35550 39500 42700 45850 49000 52150 Very Low Income 46100 52650 59250 65800 71100 76350 81600 86900 Low Income 73750 84300 94850 105350 113800 122250 130650 139100 Median Income 80700 92250 103750 115300 124500 133750 142950 152200 Moderate Income 96850 110700 124500 138350 149400 160500 171550 182600 Mariposa County 4 -Person Area Medan Income: $65,500 Extremely Low 13800 16240 20420 24600 28780 32960 37140 41320 V Low Income 22950sm 50 35400 38000 40650 43250 Low Income 3670000 56600 60800 65000 69200 Median Income 4585000 70750 76000 81200 86450 Moderate Income 5500000 84900 91200 97450 103750 Mendocino County 4 -Person Medan Income: Extremely Low 12800 16240 20420 24600 28780 32960 37140 40200 Very Low Income 21350 24400 27450 30450 32900 35350 37800jLOZArea 39550 Low Income 34100 39000 43850 48700 52600 56500 60400$59,900 63250 Median Income 41950 47900 53900 69900 64700 69500 74300Moderate 79050 Income 50350 57500 64700 71900 77650 83400 89150 94900 Merced County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 37140 39550 Very low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Medan Income 41950 47900 53900 69900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 75B-52 Coumy Income Category i Number of Persons in Household 1 2 1 3 1 4 1 5 1 6 1 7 8 last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent ModocCotolry 4 -Person Area Medan Incorrre: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 37140 39550 Very Low Income 21000 24000 27000 29950 32350 1 34750 37150 39550 Low Income 33550 38350 -1 43150 47900 51750 55600 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Mono County 4 -Person Area Medan Income: $81,20D Extremely Low 17050 19500 21950 24600 28780 32960 37140 41320 Very Low Income 28450 32500 36550 40600 43850 47100 50350 53600 Low Income 44750 5115057550 63900 69050 74150 79250 84350 Median Income 56850 64950 73100 61200 87700 1 94200 300700 107200 Moderate Income 68200 77950 1 87700 1 07,150 1052501 113050 120850 128650 Monterey County 4-Penwn Area Medan Income: $68,700 Extremely Low 17100 19550 22000 24600 28780 32960 37140 41320 Very Low Income 28500 32600 36650 40700 44000 47250 50500 53750 Low Income 45600 52100 58600 65140 70350 75550 80750 85950 Me48100 54950 61850 68700 74200 79700 85200 90700 Moderate Income 57700 1 65950 1 74200 1 82450 1 89050 1 95650 102250 108850 Napa County 4 -Perm Area Medan Income: $91,000 Extremely Low 19600 22400 25200 27950 30200 32960 37140 41320 Very Low lncome32600 37250 41900 46550 50300 54000 57750 61450 Low Income 52150 59600 1 67050 1 74500 80500 86450 92400 98350 Median Income 1 63700 7280081900 91000 98300 105550 112850 120100 Moderate Income 76450 87350 98300 109200 127950 126650 135400 144150 Nevada Can 4 -Person Area Medan Income: $73,500 Extremely Low 16100 18400 20700 24600 28780 32960 37140 41320 Very Low Income26850 30700 34550 38350 41450 44500 47600 50650 Low Income 42950 49050 55200 61300 66250 1 71150 76050 80950 Medianlncome 1 51450. 58800 1 66150 1 73500 79400 85250 91150 97000 Moderate Income 1 61750 70550 1 79400 1 88200 95250 102300 109350 116400 Orange County 4 -Persson Area Medan Income: $88,000 Extremely Low 21950 25050 28200 3130D 33850 36350 38850 41350 Very Low Income 36550 41750 46950 52150 56350 60500 64700 68850 Low Income 58450 66800 1 75150 1 83450 90150 96850 103500 110200 Median Income 61600 70400 T 79200 88000 95050102100 109100 116150 Moderate Income 73900 84500 95050 105600 114050 122500 130950 139400 Placer County 4 -Person Area Medan Income: $76,100 Extremely Low 16000 18300 1 20600 24600 28780 32960 37140 41320 Very Low Income 26650 30450 34250 38050 41100 44150 47200 50250 Low Income 42650 48750 54850 60900 65800 70650 75550 80400 Median Income 53250 60900 1 68500 1 76100 1 82200 1 88300 94350 300450 Moderate Income 63900 1 73050 1 82150 1 91300 1 98600 1 105900 113200 120500 Plumas County 4 -Person Area Medan Income: $62,600 Extremely Low 13200 16240 20420 24600 1 28780 32960 1 37140 1 41320 Very Low Income 21950 25050 28200 31300 33850 36350 38850 41350 Low Income 35100 40100 45100 50100 54150 58150 62150 66150 Mean Income 43800 50100 56350 62600 67600 72600 77600 di 82650 Moderate Income 52550 60100 67600 75100 1 81100 87100 93100 99150 75B-53 County Income Category Number of Persons in Household 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Riverside CountyExtrEel 4 -Person Area Median Income: $65,000 Low 14100 16240 20420 24600 28780 32960 37140 41320 VeryLowlncome 23450 26800 3015D 33500 36200 38900 41550 44250 Low Income 37550 42900 4825053600 57900 62200 66500 70800 Median Income 45500 52000 58500 65000 70200 75400 ----- 85800 Moderate Income 54600 62400 70200 78000 84250 90500 96700 102950 Sacramento County 4 -Person Area Medan Income: $76,100 Extremely Low 15000 18300 20600 24600 28780 1 32960 37140 41320 Very Low Income 26650 30450 34250 38050 41100 44150 47200 50250 Low Income 42650 48750 54550 60900 65800 70650 75550 80900 Median Income 53250 60900 68500 76100 82200 88300 94350 100450 Moderate Income 63900 73050 82150 91300 98600 105900 113200 120500 San Benito County 4 -Person Area Medan Income:Low $81,100 Extremely Law 1 17600 1 20100 1 22600 25100 28780 3296D 37140 1 41320 Very Low Income 29300 33450 37650 41800 45150 48500 51850 55200 Income 46850 53550 60250 66900 72300 77650 83000 88350 Medianlncome 56750 64900 1 73000 81100 87600 94100 100550 107050 Moderate Income 68100 77850 1 87550 97300 105100 112850 120650 128450 San Bernardino County 4 -Person Area Medan Income: $65,000 Extremely Low 14100 16240 20420 24600 28780 32960 37140 41320 Very Low Income23450 26800 30150 33500 36200 38900 41550 44250 Low Income 37550 42900 48250 1 53600 57900 62200 66500 70800 Median Income 45500 52000 58500 1 65000 70200 75400 80600 85800 Moderate Income 54600 62400 70200 1 78000 84250 1 90500 96700 1 102950 San Diego County 4-Percon Area Medan Income: Extremely Low 19100 21800 24550 27250 29450 32960 37140 41320 Very Low Income 31850 36400 40950 45450 49100 52750 56400 60000 Low Income 50950 58200 65500 72750 78600 84400 90250 0$79,300 Median Income 55500 63450 71350 79300 85650 92000 98350 04700Moderate jE Income 66500 76100 85650 95150 102750 110350 118000 25600 jSanFrancisco County -Pemon edan Income: 115,300 Extremely Lotv 27650 31600 35550 39500 42700 45850 49000 52150 VeryLowlncome 46100 52650 59250 65800 71100 76350 81600 86900 Low Income 73750 84300 94850 105350 113800 122250 130650 139100 Medan Income 80700 92250 103750 116300 124500 133750 142950 152200 Moderate Income 96850 310700 124500 138350 149400 160510 171550 182600 San Joaquin County 4 -Person Area Median Income: $66,300 Extremely Low 13950 16240 20420 24600 28780 32960 3714040350 41320 Very Low Income 23250 26550 29850 33150 35850 38500 41150 43800 Low Income 37150 42450 47750 53050 57300 61550 65800 70050 Median Income 46400 53050 59650 66300 71600 76900 82200 87500 Moderate Income 55700 63650 71600 79550 85900 92300 98650 105000 San Luis Obispo County 4 -Person Area Median Income: $63,200 Extremely Low 17150 19600 22050 24600 28780 32960 37140 41320 Very Low lncome28600 32700 36800 40850 44150 47400 50700 53950 Low Income 45750 52300 58850 65350 70600 75850 81050 86300 Median Income 58250 66550 74900 1 83200 89850 96500 103150 109800 Moderate Income 69900 79900 89850 99850 107850 115850 3238001 131800 75B-54 County Income Category Number of Persons in Household 1 2 1 3 1 4 1 5 1 8 1 7 8 Last page instructs howto use income limits to determine applicant eligibility and calculate affordable housing cost and rent San Mateo County 4 -Perron Area Median Income: $115,300 Extremely Low 27650 31600 35550 39500 42700 45850 49000 1 521511 1 VeryLowlncome 146100 52650 59250 65600 71100 76350 81600 86900 Low Income 73750 84300 94850 105350 113800 122250 130650 139100 Median Income 1 80700 92250 103750 115300 124500 133750 142950 152200 Moderate Income 96850 110700 124500 138350 149400 160500 1715501 182600 Santa Barbara County 4 -Person Area Medan Income: $77,100 Extremely Low 18900 21600 24300 27000 29200 1 32960 1 37140 1 41320 Very Low Income 31500 36000 40500 45000 48600 52200 55800 59400 Low Income 50450 57650 64850 72050 77850 1 83600 89350 95150 Median Income 1 53950 61700 69400 77100 83250 1 89450 95600 101750 Moderate Income 1 64750 74000 83250 92500 99900 1 107300 114700 122100 Santa Clam County 4 -Person Area Medan Income: $113,300 Extremely Law 1 25100 1 28650 1 32250 1 35800 1 38700 .41550 44400 47300 Very Low Income 141800 47800 53750 59700 64500 69300 74050 78850 Low Income 59400 67900 76400 84900 91650 98450 105250 112050 Median Income 1 79300 1 90550 1 1019501 1133001 1223501 131450 140500 149550 Moderate Income 1 95150 1 1087501 1223501 1359501 1468501 157700 168600 179450 Santa Cruz County 4 -Person Area Medan Income: $87,000 Extremely Low 21200 1 24200 1 27250 1 30250,1 32700 1 35100 37550 1 41320 Very Low Income 35300 40350 45400 50400 54450 58500 62500 66550 Low Income 56500 64550 72600 80650 87150 93600 100050 106500 Median Income 60900 1 69600 78300 67000 1 93950 1 100900 107900 114850 Moderate Income 73100 1 83500 1 93950 1 1044DOI 1127501 121100 129450 137800 Shasta County 4 -Person Area Medan Income: $61,800 Extremely Low 13000 16240 20420 24600 28780 3296037140 37140 1 40800 VeryLowlncome 21650 24750 27850 30900 33400 35850 38350 40800 Low Inane 34550 39600 44550 49450 53450 57400 61350 65300 Medan income 43250 49450 55600 61800 .66750 71700 76650 81600 Moderate Income 51900 59300 66750 74150 80100 86000 91950 1 97900 Siena County 44 lson Area Medan Income: $71,800 Extremely Low 14800 16900 20420 24600 28780 32960 37140 1 41320 Very Low Income L§52'2031650 35150 38000 40800 43600 46400 Low Income 39400 45000 50650 56250 60750 65250 69750 74250 Median Income 50250 57450 64600 71800 77550 83300 89050 94800 Moderate Income 1 60300 68900 77550 86150 93050 99950 106850 113700 SiskiyouCountyExtremelYLow 4 -Penton Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 37140 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Intone 33550 38350 4315047900 51750 55600 59400 63250 Medan Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 1 71900 77650 83400 89150 94900 Solana County 4•Pel on Area Medan Income: $82,600 Extremely Low 17400 19850 22350 24800 28780 32960 37140 41320 Very Low Income 28950 33050 37200 41300 44650 47950 51250 54550 Low Income 45500 52000 58500 65000 70200 75400 80600 85800 Median Income 57800 66100 74350 82600 89200 95800 102400 109050 Moderate Income 69350 79300 1 89200 1 99100 1 1070501 114950 122900 130800 75B-55 County Income Category Number of Persons in Household 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 w Last page instructs hoto use income limits to determine applicant eligibilityand calculate affordable housing cost and rent Sonoma County 4 -Pelson Area Medan Income: $83,900 Extremelv Low 18550 21200 23850 26450 28780 32960 37140 41320 Very Low Income 30850 35250 39650 44050 47600 51100 54650 58150 Low Income 49350 56400 63450 70500 76150 81800 87450 93100 Medan Income 58750 67100 75500 83900 90600 97300 104050 110750 Moderate Income 70500 80550 90650 100700 108750 116800 124850 132900 Stanislaus County 4 -Person Area Medan Income: $62,000 Extremely Low 1 13050 1 16240 1 20420 1 24600 28780 32960 37140 1 39550 VeryLowlncome 21700 24800 27900 31000 33500 36000 38450 40950 Low Income 34750 39700 44650 49600 53600 57550 61550 65500 Medan Income 43400 49600 55800 62000 66950 71900 76900 81850 Moderate Income 52100 59500 66950 74400 80350 86300 92250 98200 Sutter County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 37140 39550 VeryLowlncome 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 52750 55600 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 1 50350 57500 64700 71900 77650 83400 89150 94900 Tehama County 4 -Person Area Medan Income: - $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 37140 1 39550 Very Low income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 4315047900 51750 55600 59400 63250 Medan Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Trinity County 4 -Person Area Median Income: $59,960 Extremely Low 12600 16240 20420 24600 28780 32960 37140 1 39550 Very Low Income 21000 24000 27000 1 29950 32350 34750 37150 39550 Low Income 33550 38350 43150T 47900 51750 55600 59400 63250 Medan Income 41950 47900 53900T 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Tulare County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 $7140 39550 Very Low Income 21000 24000 27000 1 29950 32350 34750 1 37150 39550 43150 47900 51750 55600 59400 Low Income 335M57500 63250 Medan Income 41953900 69900 64700 69500 74300 79050 Moderate Income 50364700 71900 77650 83400 89150 94900 Tuolumne County 4-Percon Area Medan Income: $66,700 Extremely Low 13950 16240 20420 24600 28780 32960 37140 40890 Very Low Income 23250 26600 29900 33200 35900 38550 41200 43850 Low Income 37200 42500 47800 53100 57350 61600 65850 70100 Median Income 46700 53350 60050 66700 72050 77350 82700 88050 Moderate Income 56050 64050 72050 1 80050 86450 92850 99250 105650 Ventura County 4 -Person Area Medan Income: $89,300 Extremely Low 21000 24000 27000 29950 32350 34750 37150 41320 Very Low Income 35000 40000 45000 49950 53950 57950 61950 65950 Low Income 55950 63950 71950 79900 8630D 92700 99100 1 105500 Median Income 62500 71450 80350 1 89,300 96450 103600 110750 117900 Moderate Income 75000 85700 96450 1 107150 115700 124300 132850 141450 75B-56 County, Income Category i Number of Persons in Household 1 2 1 3 1 4 1 5 1 6 1 7 8 Last page hrstructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Yolo County 4 -Person Area Medeut Income: 576,900 Extremely Low 16150 18450 20750 24600 28780 32960 37140 41320 Very Low Income 26950 30800 34650 38450 41550 44650 47700 50800 Low Income 43050 49200 55350 61500 66450 71350 76300 81200 Median Income 53650 61500 69200 76900 83050 89200 95350 101500 Moderate Income 64600 73850 83050 92300 99700 107050 114450 121850 Yuba County 4 -Person Area Medan Income: $59,900 Extremely Low 12600 16240 20420 24600 28780 32960 1 37140 39550 Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Low Income 33550 38350 43150 47900 51750 55600 59400 63250 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Instructions: Egg ibTdy Determination: Use household sae income category figures in this chart Determ*Me efgibadrybased on actual numberof persons in household and total of gross income fora0 persons. Determination of Income Limit for Households Larger than Eight Persons: Per person (PP) adustrnent above 0: (1) multiply 4 -person income limit by eight percent (8%). (2) multiply result by number of persons in excess of eight. (3) add the amount to the 8 -person income lunit, and (4) round to the nearest S50. Yuba County EXAMPLE 4persms 6%pPAdj +8 persod =9 persons Extremely Low 24.600 1969 39550 41.500 Very Lwi Income 29.950 2390 39,550 41,950 Lower Income 47.900 3832 63.230 67.100 Moderate Income 71.900 577521 04.001 10D.650 Calculation of Housing Cost and Rent: Refer to Heath & Safety Code Sections 500525 and 50053. Use benchmark household size and multiply against applicable percentages defined in H&SC using Area Median Intone identified in this chart Determination of Household S"ae: eperson+ 8%A4x2j=IOpersorn 38.550 3936 43.500 39.550 4792 44.350 63.250 7664 70.900 94.900 11504 106.400 For projects vath no federal assistance. household size is set at number of bedrooms in unit plus one. For projects vrith federal assistance, household size may be set by multiplying t.5 against the number of bedrooms in unit HUD Income Limits release: 4117!2017 HUD FY 2017 California median incomes: State median income: $73,300 Metropolitan county median income: 573,600 Non -metropolitan county median income: $59,9DD NoDA. Authority cited Section 50093. Health and Safety Code. Reference: Sections 500795, MD93. 50105 and 50105, Health and Safety Cade 75B-57 Exhibit D: Homes for Sale and Rent Listings SM for Sale in Santa Ana Address Bedrooms Purchase Price Median Price. 1025 W. Myrtle Street 2 5425,000 S480,0DD 2217 W. Elder Avenue 2 $480,000 2145 W. Civic Center Drive 2 $689,900 1511 N. Fairmont Street 2 $458,000 2023 Barclay Court 2 - $589,900 14111 Clarissa Lane 2 5699,000 2116 Birch Street 2 $469,000 2011 Kilson Drive 2 5465,000 327 Normandy Place 2 5499,990 525 E. Adams Street 2 $489,900 1619 Haven lane 2 5450,000 1301 S. Van Ness Avenue 2 $469,000 3717 S. Sea Of 2 5605,000 1703 Lorena Lane 3 $549.000 S599,DDD 2028 S. Olive Street 3 $485,900 1905 W. Hall Avenue 3. 5530,000 2426 Larchmont Avenue 3' $737,900 1032 Hickory Street 3 5515,000 701 Catalina Avenue 31 5659,000 1346 Rosewood Avenue 3, $549,000 1001 Faldawn Street 3 S550,000 2513 W. Adrin Way 3' 5524,900 1315 E. Greenview Drive 3 $695,000 1662 Kenneth Drive 3 S849,000 2014 Al. Bush Street '3 $699,900 2222 N. Ross Street 3 S719,900 2725 Huckleberry Road 3, 5630.000 1322 S. Doreen Way 9 5533,000 3618 W. Kent Avenue 3 $619,000 309 E. 17th Street 3 S599,000 1733 Raymar Street 3 5749,900 2141 N. Forest Avenue 3 $560,000 75B-58 Apartment/Condo/SFR3 for Rent in Santa Ana ' Address city Bedrooms Rent Median Price 623 N. Bristol Street Santa Ana 1: $1,675 $1;500, 122 W_ Brook Street, #D Santa Ana 1, $1,350 1402 N. Baker Street Santa Ana 1 $1550 750 Park Center Drive Santa Ana •1. $1,650 530 E. 14th Street, #8 Santa Ana '1; $1,295 1042 Cabrillo Park Drive Santa Ana 1 $1,499 421 E. Stith Street, # 410 Santa Ana 1, $1,325 1610 N. Broadway Santa Ana 1 $1,325 819 W. Washin,Ron Avenue .Santa Ana 1: $1,275 831 N. Minter5treet Santa Ana 1' S1,500 1507 N. Durant Street Santa Ana 1 51,5011 1218 W. Brook Street Santa Ana 11 S1,350 2829 S. Fairview Street Santa Ana 1• $1,50D 1078 Cabrillo Park Drive, #AB Santa Ana 1: 51,550 318 S. Broadway Santa Ana 2 $1,775 - $1,875 1345 Cabrillow Park Drive, # R11 Santa Ana - 2 $1,90D 701 W_ 1st Street, # D 102 Santa Ana 2 $1,600 2708 W. Keller Avenue, # 2 Santa'Ana 2 $1,895 1802 N. Spurgeon Street Santa Ana 2 $2,400 2040 E_ Wellington Avenue Santa Ana 2 $2,495 412 Baker Street Santa Ana 2 S1,65D 1815 N. Wesnvood Avenue. #A Santa Ana 2 $2,395 1008 E. Washington Avenue, #A Santa Ana 2 $1,600 3,405 S. Main Street, Unit L SantaAna 2 $2,500 3103 S. Bristol Streetr, Apt 274 Santa Ana 2 $1,875 2521 W. SunflovlerAvenue Santa Ana -2 51,950 219 S. Ross Street Santa Ana 2 $1,750 313 E. Pine Street, # 15 Santa Ana 2 51,850 1507 Durant Street Santa Ana 2 $1,600 703 W_ 1st Street Santa Ana .2 $1,600 36455 Bear Street Santa Ana 2' $2,225 406 E. Grant Street Santa Ana ''. 52,911 , _ _ • $2;400: 2510 W. Ungan Lane Santa Ana :3 52,400 111 E. Stanford Street, #A Santa Ana .3' 52,300 1318 S_ Poplar Street Santa Ana 13. $2,395 12671 Singing Wood Drive Santa Ana ;31 $3,30D 406 E. GrantStreet Santa Ana ,3; $2,150 805 W. Stevens Avenue Santa Ana 3 $2550 2414 S. Shelton Street Santa Ana 4 $3,000 $3,150 1260 N. Harbor Blvd_ Santa Ana 4 $3,150 519 E. 5th Street Santa Ana 4 $2,750 1256 N. Harbor Blvd. Santa Ana 4 53,200 1413 Keegan Way Santa Ana 4 $3,150 75B-59 Exhibit E: Commercial For Sale and Rent Listings Commercial Land for Sale inSanta Ana and Su unding Cities Address .Purchase price Orange 5275,000 Orange $650,000 Santa Ana $1,000,000 Orange $1,600,000 Santa Ana $3,200,000 Santa Ana $4,000,000 Anaheim $4,999,000 Anaheim $9,50,000 Orange Not dsdosed Anaheim Notdisdosed Tustin Notdisdosed Tustin Notdisdosed Tustin Not disclosed Tustin Not disclosed Tustin Not disclosed 75B-60 Commercial Landfor Lease in•Santa Ana and Sutiounding Cities city Rental Rate(PSF). Santa Ana $0.18 Tustin 50.23 Tustin $0.23 Tustin 50.23 Tustin 50.23 Tustin $0.23 Anaheim 5024 Santa Ana 5025-50.35 Orange $0.28 Anaheim 50.62 Santa Ana Not disclosed Santa Ana Not disclosed Anaheim Not disclosed Anaheim Not disclosed Anaheim Not disclosed 75B-61 Exhibit F: Business Informational Brochure Relocation Assistance Informational Statement! For Business, Farm & Nonprofit, (CA State) Displacing Agency: City of Santa Ana Project Name: Warner Avenue Improvement Project - Phase 1 between Main Street to Oak Street Displadna Agency Representative: Overland, Padfic & Cutler, LLC I Jenner, Suite 200 Irvine, CA 92618 Phone; (949) 951-5263 r5oanisM1 sceaIaW agents ere available. A neo.vt. e.b fnfj madonen 93iW--4 oorfavor.Ilame a w auentK] 0198<F2m20milmi4 Pa�c8CWer,LLC O 12) P�td10 75B-62 Statement for Introduction The property on which you now conduct your business is in an area to be improved by, or financed through, the Displacing Agency. If and when the project proceeds, and it is necessary for you to move from the property, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility'and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to, determine your relocation benefits. The information is voluntary, but if you ddnt provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, LLC (OPQ to provide relocation assistance to you. The firm is available to explain the program and benefits. Than address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your agent at Overland, Pacific & Cutler, LLC, so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations. B. Payment for your moving expenses. You may receive one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option L• A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses C. Other help to reestablish your business and minimize the Impact of the move including help in preparing claim forms to request relocation payments. If you disagree vrdh the Displacing Agency's decision as to your tight to a relocation payment, or the amount of the payment you may appeal that decision. C 158]-2R12Ow.lian PadTmBCTL-r, LLC Com- 12) Page 2d 10 75B-63 GENERAL RELOCATION QUESTIONS 1. How will I know I am eligible for relocation assistance? Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency s initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How will the Displacing Agency know how much help I need? You will be contacted at an early date and personally interviewed by an agent of the Displacing Agency. The interviewer will want to get Information about your current operation, as well as identify movable personal property and non-movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may vent to discuss other Issues relative to your move. It is to your advantage to provide as much information as pomble so that the Displacing Agency; through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is impoitan% however, that you keep in close contact with the Displacing Agency so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property ththe Displacing Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). 5. Will I Have to Pay Rent to the Displacing Agency Before I Move? You may be required to pay a fair rent to the Displacing Agency for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement 01983-2412 overland Patific & CWx, LLC C_ 12) Page 3 d 10 75B-64 6. How Will I Find a Replacement Location? Your-re1ocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who an assist you in finding the type of replacement location you require. However, you are urged to take an active role in identifying, and relocating to, a location of your choice., No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements viliich will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance.Will Be Available to Help Me? in addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and/or other personal property. The range of services depends on the needs of the business being displaced. You should ask the Displacing Agency's relocation agent to tell you about the specific services that will be available to you. 8. I Have a Replacement Location and Want to Move. WhatShould I Do? Before you make any arrangements to more, notify the Displacing Agency's relocation agent, in carting, of your intention to move. This should be done at least 30 days before the date you begin your move. The Displacing Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a payment Contact the Displacing Agency's relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What 1(inds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteia, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: 019"120.xrtan4 PaciEc 8 C&dJ .LLC Do -12) Pap_ A of 10 75B-65 Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving And Related Expens s, you may claim the cost of: 1. Transportation of personal property from your present location to the replacement location. (Generally, bansportation costs are limited to a distance of So miles. If you plan to move beyond 5o miles, discus, your planned move with the Displacing Agency.) 2. Padding, sating, unaalmg, and unpacking personal property. 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available within the building. It also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacementsite, and modifications necessary to adapt the utilities at the replacement site to the personal property. 4. Storage of the personal property determined to be necessary by the Displacing Agency, not to exceed 12 months, unless the Displacing Agency determines that a longer period is warranted. S. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through fault or negligence of the displaced person, his or her agent or employee), where insurance covering such las, theft or damage is not reasonably available. 7. Any license, permit, fees or certification required of your business at the replacement location However, $e payment may be based on the remaining useful life of the existing license, perm}, fees or certification. B. Reasonable and oreauthortz professional service„ the Displacing Agency determines to be necessary for (i) planning the move of the personal property, (fn) moving the personal property, and (iii) installing thio relocated personal property at the replacement location. 9. Re -let signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the Displacing Agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (fi) The estimated cost of moving the item as is, but watt no allowance for storage; or for recamecti g a piece of equipment if the equipment is in storage or not being used at the acquired site. (If you elect to discontinue your busing, the estimated cost will be traced on a moving distance of 50 miles.) 0 ISM2012 O erfand Pacific L CLAIer, LLC 6_a121) Page 5 of 10 75B-66 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement she; you will be entitled to payment for the lesser of: (1) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the ;ale or badein of the replaced item; or (G) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the Displacing Agencys discretion, the estimated cost for a loco cost or uncomplicated move may be based on a single bid or estimate. 12. The reasonable cost incurred In attempting to sell an item that is not relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, rat to exceed $1,000 as the Displacing Agency determines to be reasonable, vrhich are incurred in searching for a replacement location including: • Transportation expenses • Time spent searching for a replacement location, based on a reasonable salary or earnings • Reasonable fees paid to real estate agents or brokers to find a replacement location (not fees related to the Mase of a site) • Meals and lodging away from home The Displacing Agency representative will explain all efigble mdving costs, as well as, those vArich are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. The Displacing Agency will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self -move Your property. Payment for a self -nave is based on the amount of an acceptable low bid or estimate obtained by the Displacing Agency. If you self -move, you may nave your personal property using your own employees and equipment or a commercial mover. if you and the Displacing Agency cannot agree on an acceptable amount to cover the cost of the self -move, you will [rave to submit full documentation in support of your claim. You may elect to pay your moving cost yourself and be reimbursed by the Displacing Agency or, if you prefer, you may have the Displacing Agency pay the mover directly, in either case, let the Displacing Agency know before you move. Select your mover with care. The Displacing Agency representative can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the hem may be based on the lowest acceptable bid or estimate obtained by the Displacing Agency. If of sold or traded -in, the item must remain at the old location and ownership of the item must be transferred to the Displacing Agency before you may receive the payment In addition to the reimbursable expenses described above, a small business, farm or orrprofh organization may be eligible to receive a payment of up to $10,000 for expenses actually incurred in relocating and reestablishing such operation at a replacement she. 11gible expenses must be reasonable and necessary, as determined by the Displacing Agency. They may include but are of limited to the following: 1. Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. 2. Modification, to the replacement property to accommodate the business operation or make replacement stuctnes suitable for conducting the business. 01987-24120ve"I,LPadrc&CL,Ha.LLC 6er12) fteGdia 75B-67 3, Conduction and Installation cosi, for exterior signage to advertise the business. 4. Provision of utilities from right-of-way to improvements on the replacement site. 5. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. 6. Licenses, few, and permits where not paid as part of moving expenses. 7. Feasibility survey-,., sort testing and marketing studies. 8. Advertising of replacement location. 9. Professional services in connection with the purchase or Lease of a replacement site. 10. Estimated increased cost of operation during the first 2 years at the replacement site, for such item as: Lease or rental charges Personal or real property taxes Insurance premium.^, utility Chayes (excluding impact fees) 11. Impact fees or one-time ass�essnant; for anticipated heavy utility usage. 12. Other items that the [Displacing Agency considers essential to the reestablishment of the business. The fdloving is a non-exdusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherAse eligible: • Purchase of capital assets, such as, office furniture, filing cabinets, machinery or trade fixtures. • Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. • Interior or exterior refurbishment at the replacement site, except as otherwise provided for under the business reestablishment payment • Interest cost associated v ith any relocation expense or &.a purchase of replacement property. • Paymantto a part-time business in the home which does not contribute materially to the household income. Option 2: Fixed payment In Lieu of a payment for Actual Reasonable Moving and Related Expenses A displaced business, non-profit organization or form may be eligible to choose a fixed payment in fieu of the payments for actual moving and related expenses and actual reasonable reesablishment expenses. The payment may not be less than $1,000.0D or more than $20,000.00. For a business or farcy the payment is based on the average annual net earnings before Federal, State and local income taxes during the 2 taxable year. immediately Prix to the taxable year in which it was displaced. For a non-profit organization, the payment is based on the average of 2 years annual groes revenues lass administrative expense--. In order to qualify for flit payment, the Displacing Agency must determine that: o 1980.2412 0xatan3 Paafic & Cu6xx, LLC Dec12) Pag-7 of 10 75B-68 1. Is not operated solely for rental purposes. 2. Cannot be relocated without a substantial loss of Its existing patronage, based on a consideration of all pertinent circumstances indud'mg such factor as the type of business conducted, the nature of clientele, the relative importance to the dsplaced business of its present and proposed location, and the availability of a suitable relocation site. 3. Is not pat of a commercial enterprise having no more than three (3) other establishments which are not being acquired for a project and which is engaged in the same or stmilar business activities. 4. Had average annual aro^ receipt, of at least $5,000.00 during the two taxable year. prior to displacement, or the businees had average annual net earrings of a least 1,000.00 during the two taxable year. prior to displacement, or the business contributed at least 331/3 percent of the total cross income of the cwne(s) during each of the two taxable years prior to displacement A dimlaced nonprofit organization: Cannot be relocated without a substantial loss of its existing patronage (the term "existing patronage' as used in connection with a nonprofit organization includes the membership, pe sons, community, or clientele served or affected by the activities of the nonprofit organization), and, 2. Is not apart of an enterprise having more than twee (3) other establishments not being acquired which is engaged in the same or similar activity. A displaced farm operation: 1. Must meet the definition of a farm operation prior to its acquisition. Thea average annual net earnings of a business or farm operation are one-half of it net earnings before Federal, State, or local income taxes during the two (2) taxable years immediately prim to the taxable year in which it was displaced. If not in business for a full two years prior to displacement, the net eaminas shall be based on the actual period of opet ation at the acquired site projected to an annual rate. Average nef earrings may be based on a different period of time when the Displacing Agency determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. The displaced person shall furnish the Displacing Agency proof of net earnings through income tax returns, certified fenandal statements, or other reasonable evidence which the Displacing Agency detenr ines is satisfactory. For a qualified non-profit organization, gross earnings may indu& membership fees, class fees, cash donations, tithes and receipts from sales or other fortes of fund collection that enables the non-profit organization to operate. Administrative expenses are those for adminishative support such as rent, utilities, salaries, advertising and other like items as well as fund racing expenses. Operating expenses for carrying out the purposes of the non-profit organization are not included in administrative expenses. The monetary receipts and expense amount may be verified with certified financial statements or financial documents required by public agencies. YOU your and the documentation o isao-2912 a=,t.,r,a Padec z cNJu, uc D> 121 75B-69 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu Of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of. (1) the depredated reproduction cost of the sign, as estimated by the Displacing Agency, less the proceeds fiom its sale, or (2) the estimated cost of moving the sign without temporary storage. The Displacing Agency will inform you as to the exact costs that may be reimbursed. 12. How do I File a Claim for a Relocation Payment? You must file a claim for a relocation payment. The Displacing Agency will provide you with the required claim forms, assist you In completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the Displacing Agency. You may be able to obtain an advance payment An advance payment may be placed in "escrow" to ensure that the move rill be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage t file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the Displacing Agency may extend this period. You will be paid promptly afteryou file an acceptable claim. If there is any question regarding your light to a relocation payment or the amount of the payment, you will be. notified, in writing, of the problem and the action you may take to resolve the matter. 13. Non -Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 19K Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti -discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have Hie appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. C1900,ZRr20.erbntt Pati{cECWa.LLC g-�12k Page 9d 10 75B-70 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue. and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation rode. Furtheimore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code'of 1954, which has been redesignated as the Internal Revenue Code of 1956. No federal' dollars are anticipated for this project Therefore, federal regulations may not apply and the IRS may consider relocation payments as income The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal "counsel to determine the current status of such payments. (IRScrru/ar2M oWavr& To en ure cwnpl ante wrdr requtemen& imposedby ft IR!� we rn(crm you thatany tax advice ccabined fn flu's cevnmunrrauon (indud,'ng airy atbchments) n3s net inteadd or.nrrtfe+ to be vm� and cannotbeused, for the purpas-e a°f) avoiding tax- ebtedperiakPes corder the Intemal Revenue Cade or(n) prawft rg marke7ng ermcommenofng to anotherpvtyahymatters eddiesssd here'7) 16. Additional Information If you have further questions after reading this brochure, contact Overland, Pacific & Cutler, LLC and discuss your concerns with your relocation agent. You may wish to review the California Relocation Assistance Act regulations which describe the relocation process in more detail. o14aD2012CvuLvdPic&Cutiu.LLC Deo -12) Pap_10cf1a 75B-71 Exhibit G: Residential Informational Brochure —Relocation Assistance Informational Statements for Families and Individuals (CA state) Displacing Agency_ City of Santa Ana Project Name: Warner Avenue Improvement Project - Phase 1 between Main Street to Oak Street Displacing Agency Representative: Overland, Pacific & Cutler, LLC Benner, Suite 200 Irvine, CA 92618 Phone: (949) 951-5263 Informational Statement Content: 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment— Homeowners 7. Qualification For And Fling Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures — Grievance 12. Tax Status of Relocation Benefits 13. Non -Discrimination and Fair Housing 14. Additional Information And Assistance Available �SpanisF sr�aldrg agents are avaazWe: Si neicsla esti inrwn¢don en es'panol, pm fuwr.game a su agents- i I Ig;, n. G Dvrtuid. Pads¢ 3 Cu'_ -r, LLC (Feb :d) P" I c, 6 75B-72 i informational Statement for Families and Individuals; (CA State) 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using state and/or local funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You vdil be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the state law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, LLC (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is fisted on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your agent at Overland, Pacific & Cutler, LLC., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and mailable housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will any out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving u ISC:r?OSS C:=_da it Pacift 5 Cv_r:. LLC Page 2ci 6 75B-73 your household belongings may be determined based on the following methods: • A Fused Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). For example, you may choose a Self -Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fused Moving Payment (Self -Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $475.00 for one furnished room to $2,505.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-ups and other related moving fees. Fnced Moving Schedule CALIFORNIA Effective 2015 Occupant Owns Furniture: 1 room $725 2 rooms $930 3 rooms $1,165 4 rooms $1,375 5 rooms $1,665 6 rooms $1,925 7 rooms $2,215 0 rooms $2,505 Each additional room V65 Occupant does NOT Own Furniture: 1 room $475 Each additional room 90 B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. 4. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 100 days prior to the initiation of negotiations. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent and estimated utilities or thirty percent (30916) of your gross monthly household income. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- @ I 2016 Cyede,.d Pze$m A C.L&, LLL (Feb -td) Pad=3 of 6 75B-74 B. Down -payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down -payment and non-recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. Where a tenant is sharing a dwelling with an owner -occupant and paying the ovmer-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental assistance otherwise payable. 5. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT- HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent vdil explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an ovmer-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. C4 ll .-26Scaarmfaad. Ftafc 8 Cm5ar. LLC (F=_b-;O) Pag=_Gc6 75B-75 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: • For a tenant, the date you move from the displacement dwelling. • For an owner -occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court,: or b. The date you move from the displacement dwelling. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or H replacement housing is not available within the monetary Omits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down -payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which vdll specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. iLilla'tfA! f�]IF. Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons: • Failure to pay rent; except in those cases where the failure to pay is due to the lessors failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; • Performance of dangerous illegal act in the unit; • Material breach of the rental agreement and failure to cored breach within the legally prescribed notice period; s1 C--2216 C:S::3 ad. F'6X 6 CL5E7. LLC TrLi1 q_sc'e 75B-76 • Maintenance of a nuisance and failure to abate within a reasonable time following notice; • Refusal to accept one of a reasonable number of offers of replacement dwellings; or • The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with Its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax 1-mv, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Intemal Revenue Code of 1954, which has been redesignated as the Intemal Revenue Code of 1986. No federal dollars are anticipated for this project. Therefore, federal regulations may not apply and the IRS may consider relocation payments as income. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their oven tax advisor or legal counsel to determine the current status of such payments. (IRS Cmular 130 dsdosure. To ensure compfrance nath requirements imposed by the IRS, ve inform you that any tar advice contained in this communication fnduding any attachments) was not intended or written to be used and cannot be used, for the purpose of i) aroting tax -related peva/des under the Intemal Revenue Cade or(g)promotng marbAng orrecommend`ng to another party any matters addr&csed herein) ICA ilolict0 ill0i 11117-1I rltUIIll1-111*11.110111,1)6 C No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti -discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at Overland, Pacific & Cutler. Com, IM -2096 P,etland, Pacific S Cur r. LLC (Fab -13) Page 6 c 6 75B-77 Exhibit H: Public Comments and Response 75B-78 jmf 412118 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE 1 IMPROVEMENTS OF THE WARNER AVENUE IMPROVEMENTS PROJECT BETWEEN MAIN STREET AND OAK STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Warner Avenue is a major east -west transportation facility, which is designated as a major arterial highway in the City of Santa Ana's Circulation Element of the General Plan. Improving the 1 -mile Warner Avenue segment from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. B. Effective July 1, 2016, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for the widening of Wanner Avenue between Main Street and Oak Street. C. The M2 CTFP Master Funding Agreement (No. C-1-2783), as amended, committed OCTA to contribute funding for various phases of the Warner Avenue widening project. D. The Public Works Agency is acquiring property for development of Phase 1, bounded by Main Street and Oak Street, and expects to complete the right- of-way acquisition process by fall 2018. Construction is anticipated to begin in spring 2019. E. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property that would lead to displacement of people from their homes. F. Section 6002 and 6038 of the California Code of Regulations, Title 25, Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement of residential and business occupants. G. A relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., and the Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6, and has -been made available for public review since March 5, 2018. Each potential displaced Resolu8on No. 2018 -XXX Page 1 of 3 75B-79 jmf 4/2/18 occupant was given written notification regarding the Plan's availability and an opportunity to submit questions or comments. H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re-establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. I. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $2,081,800. Section 2. The City Council hereby approves the Relocation Plan for the acquisition activities for Phase 1 of the Warner Avenue widening plan between Main Street and Oak Street. A copy of the Plan will be available in the City's Public Works Agency. Section 3. In accordance with the Califomia Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 2012101004) approved by the City Council on September 1, 2015. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 12018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Gtk J hn M. Funk ssistant City Attorney Miguel A. Pulido Mayor 75B-80 Resolution No. 2018 -XXX Page 2 of 3 Imf 4/2/18 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers; CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75B-81 Resotubon No. 2018-)= Page 3 of 3 75B-82 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: PUBLIC HEARING — ADOPT ORDINANCE AMENDMENT NO. 2018-02 TO AMEND CERTAIN SECTIONS OF CHAPTERS 8, 18, AND 40 OF THE SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND DISTRIBUTION ACTIVITIES AND TO AMEND CERTAIN CODE ENFORCEMENT PROCEDURES RELATING TO UTILITY SHUTOFFS (STRATEGIC PLAN NOS. 3,2; 3,3; 3,5; 4,3) CITAIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt Ordinance Amendment No. 2018-02 to permit and regulate Commercial Cannabis Cultivation, Manufacturing, and Distribution activities in the Light and Heavy (M-1 and M-2) Industrial zoning districts and to amend certain code enforcement procedures relating to utility shutoffs. BACKGROUND Cannabis cultivation, manufacturing, and distribution are components of the commercial cannabis supply chain that allow cannabis plants to be grown, processed into usable products, and distributed among processors, retailers, and product testers. Santa Ana's commercial cannabis ordinances currently allow and regulate the retail sale of medicinal and adult -use cannabis and testing laboratories where cannabis is tested for cannabinoid content, toxins, and other important elements to ensure product safety. Cultivation Cannabis cultivation is the process by which cannabis plants are grown. Cultivation may occur inside buildings, outside, or in mixed -light settings such as greenhouses. In Santa Ana, commercial cannabis cultivation is currently prohibited. The proposed ordinance amendments would permit and regulate indoor commercial cannabis cultivation only and would leave intact the provisions that allow cultivation of up to six plants for personal, non-commercial use. 75C-1 Ordinance Amendment No. 2018-02 — Allow Commercial Cannabis Cultivation, Manufacturing, and Distribution Business Activities April 17, 2018 Page 2 Indoor commercial cannabis cultivation is expected to take place in existing industrial buildings in Santa Ana. Because of cheaper land values elsewhere in California, indoor cultivation is not expected to occupy large amounts of square footage but is instead expected to take place as an ancillary component of existing retailers or in a few standalone settings. This form of cultivation is expected to satisfy local, niche markets, whereas large grow facilities elsewhere in California will supply the majority of the state's market demands. Manufacturing Cannabis manufacturing, also known as processing, is the process by which cannabis plants are transformed into usable products. Manufacturing takes place inside industrial buildings that are rated/constructed for such uses and involves the use of high-tech equipment and employs highly - skilled employees. As a supplement to the State's building codes, the Orange County Fire Authority (OCFA) has developed construction and operational guidelines for cultivators to ensure all life safety standards are met for any size and type of indoor cultivation facility. Manufacturing activities are expected to thrive in Santa Ana due to the cannabis industry's presence in the city since 2015 and because of Santa Ana's existing manufacturing sector. Local suppliers are expected to satisfy the industry s equipment needs. Similar to cultivation, manufacturing may also occur at retail sites as an ancillary component of existing retail operations. Manufacturing and processing activities are generally divided into two categories: non-volatile and volatile. The Orange County Fire Authority (OCFA) has developed construction and operational guidelines for manufacturers for both non-volatile and volatile facilities to ensure all life safety standards are met for each type of process. Although initially found to be higher in risk, volatile manufacturing, if occurring inside rated industrial buildings, is equally safe as similar processes such as olive oil extraction and paint manufacturing. Distribution Cannabis distribution is the final component of the commercial cannabis supply chain and involves the movement of cannabis between cultivators and distributors and distributors and retailers. Distribution takes place inside commercial/industrial structures; the proposed ordinance would allow distribution to take place in the City's Light and Heavy Industrial (M-1 & M-2) zoning districts, where other commercial cannabis business activities are currently permitted. Distribution is generally categorized into two sub -types: an ancillary activity to cultivation, manufacturing, and retail operations that allows cannabis to be physically moved between one operation to another, and a standalone activity that occurs inside distribution centers. Commercial cannabis distribution is not the distribution of cannabis in the "retail" sense of the term. As an ancillary component to cultivation, manufacturing, and retail operations, distribution is a required activity and a critical component of the commercial cannabis supply chain. Santa Ana 75C-2 Ordinance Amendment No. 2018-02 — Allow Commercial Cannabis Cultivation, Manufacturing, and Distribution Business Activities April 17, 2018 Page 3 is well-positioned for this activity due to the existing retail sector and if cultivation and manufacturing are approved. As a standalone activity, distribution is expected to occupy a handful of industrial buildings; cheaper land values in the Inland Empire and the High Desert regions are expected to attract the largest distribution center license types, which will be permitted by the State in the coming years. Review process The proposed ordinance would allow and regulate commercial cannabis cultivation, manufacturing, and distribution businesses subject to review and approval of a regulatory safety permit (RSP). Similar to the RSP process for commercial cannabis testing laboratories, the Phase 1 and Phase 2 components of the RSP can be submitted concurrently to streamline the review process. Under the proposed ordinance, existing commercial cannabis operators with an approved RSP for retail that are in good standing may apply for a single new RSP for cultivation, manufacturing, or distribution. Further, existing cultivators, manufacturers, and/or distributors with an existing approved RSP that are in good standing could add any combination of cultivation, manufacturing, and/or distribution to their operations by only applying for a single RSP. In any scenario when a new RSP is required to co -locate new uses at an existing facility, the background checks would only be required for new staff, which will reduce processing times. For all co -located facilities, a single RSP would be required annually for renewals. Tahle 1 (Pronosed Amendments to Chanters 8. 18. and Chaoter 40) describes the draft ordinance. Table 1 — Proposed Amendments to Cha ter 18 and Chapter 40 Item Proposed Amendment Impact Allowable uses Amends Chapter 40 and Chapter 18 to Establishes potential for complete commercial allow commercial cannabis cultivation, cannabis supply chain in Santa Ana subject to manufacturing, and distribution activities. operating standards and approval of an RSP. Operating standards Amends Chapter 40 to add operating Ensures safe operations of all commercial standards for all new uses, including cannabis activities in Santa Ana subject to safety, educational tours, odors, and guidelines that may be updated from time to compliance with guidelines on file with time, including odor controls, fire safety, storage OCFA. guidelines, and construction standards. Enforcement Amends Chapter 8 to allow disconnection Enhances code enforcement abilities to address (Chapter 8) of utilities for illegal operators and requires illegal operators or those without a current a certificate of occupancy to remain in certificate of occupancy. compliance with all applicable building codes to ensure life safety. Application process Requires Phase 1 and Phase 2 (RSP) Streamlines the Phase 1 and Phase 2 review (Chapter 40) applications but allows Phase 1 and process, saving approximately 60 days, and Phase 2 applications to be submitted streamlines long-term RSP process for facilities concurrently. Also, requires only a single that co -locate activities, including those with retail RSP for any combination of cultivation, businesses. manufacturing, and distribution activities, and only one RSP if combined with retail activities on an annual renewal basis. 75C-3 Ordinance Amendment No. 2018-02 — Allow Commercial Cannabis Cultivation, Manufacturing, and Distribution Business Activities April 17, 2018 Page 4 Table 1 — Proposed Amendments to Cha ter 18 and Chapter 40 Item Pro osed Amendment I Impact Chapter 18 edits Amends Chapter 18 to ensure Ensures consistency between various SAMC consistency with Chapter 40 (Commercial chapters and compliance with State law. Cannabis). Staff has reviewed the proposed amendments to ensure consistency with other provisions of the Santa Ana Municipal Code, including chapters 18, 40, and 41 (Zoning). All new commercial cannabis business will be required to enter into an operating agreement to pay fees to the City based on gross receipts. These fees are proposed at 8 percent or ten dollars per square foot, whichever is the greater of the two calculations (cultivation and manufacturing) and 8 percent or four dollars per square foot, whichever is the greater of the two calculations (distribution). These operating agreements will ensure sustainable building and business practices, local hiring and sourcing, labor peace agreements, and community/youth benefit plans. It is recommended that application and fee revenues be dedicated to administration (one-third), enforcement (one-third), and community services (one-third), similar to commercial cannabis retail. Staff anticipates bringing forward an appropriation adjustment for City Council consideration at a future date. Based on the information and analysis in this report, staff recommends adopting Ordinance Amendment No. 2018-02. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). Approval of this item also supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #3 (achieve a structurally balanced budget with appropriate reserve levels). FISCAL IMPACT Should the ordinance allowing commercial cannabis cultivation, manufacturing, and distribution activities be approved, funds will be deposited into the following accounts: • Adult -Use Commercial Cannabis $1,690.00 (01116002-51619). • Adult -Use Commercial Cannabis $1,690.00 (01116002-51620). • Adult -Use Commercial Cannabis $1,690.00 (01116002-51621). Cultivation Registration one-time fee per application Manufacturing Registration one-time fee per application Distribution Registration one-time fee per application 75C-4 Ordinance Amendment No. 2018-02 — Allow Commercial Cannabis Cultivation, Manufacturing, and Distribution Business Activities April 17, 2018 Page 5 Adult -Use Commercial Cannabis Cultivation Regulatory Safety annual permit fee $12,086.00 (01116002-51622). Adult -Use Commercial Cannabis Manufacturing Regulatory Safety annual permit fee $12,086.00 (01116002-51623). Adult -Use Commercial Cannabis Distribution Regulatory Safety annual permit fee $12,086.00 (01116002-51624). Candlda Neal, AICP r Acting Executive Director Planning & Building Agency AP:rb SAMM04-17-18\0A No 2018-02 cannabis cult mfg distr Exhibits: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez W05c) Executive Director Finance & Management Services Agency 75C-5 75C-6 LS 4.17.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS CULTIVATION, MANUFACTURING, AND DISTRIBUTION ACTIVITIES FOR MEDICINAL AND ADULT -USE PURPOSES, AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE MUNICIPAL CODE, AND AMENDING CERTAIN SECTIONS OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CODE ENFORCEMENT THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1996, the California electorate approved Proposition 215, the Compassionate Use Act which allows a patient, with a doctors recommendation, to use cannabis for medical purposes without the fear of prosecution or arrest. B. In 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act) which amended the Health and Safety Code to permit the establishment of medical cannabis dispensaries for the distribution of cannabis for medical purposes. C. In 2005, the California Board of Equalization began issuing seller's permits for sales consisting of medical cannabis. D. In 2008, the California Attorney General issued guidelines for the security and non -diversion of cannabis grown for medical use. E. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. Ordinance No. NS -XXX Page 1 of 36 75C-7 F. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act ("MMRSA") further amended in 2016 as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. G. The California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) which the voters of the State of California approved and passed in 2016, requires that all cannabis processed and sold in the state of California be subject to professional laboratory testing for cannabinoid content, toxins, adulterants, pesticides, potency, and other important elements that affect product safety. Testing must be done at laboratories licensed by the Bureau of Cannabis Control (BCC) and testing laboratories cannot co -locate with any other commercial cannabis business. Pursuant to various State laws, a cannabis testing laboratory may not hold any other license type, which is intended to ensure neutrality and product safety. Proposition 64 requires testing for some cannabis products by July 1, 2018 and for all products by January 1, 2019. H. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). I. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. J. Chapter 40 of the Santa Ana Municipal Code is intended to contain standards and regulations to address all commercial cannabis business activities in Santa Ana, except that medicinal cannabis retail businesses are subject to the standards and regulations in Article XIII of Chapter 18. K. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS -2941 and NS -2942, allowing and regulating commercial cannabis testing laboratories. L. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. M. The City of Santa Ana has a compelling interest in ensuring that cannabis is not cultivated, manufactured or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the Ordinance No. NS -XXX Page 2 of 36 75C-8 peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. N. The city council has held a duly noticed public hearing in connection with consideration and adoption of this ordinance. Section 2. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article IX, Section 7 of the Califomia Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94; hereafter "MAUCRSA"). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines; the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5: Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Chapter 40 ARTICLE 1. REGULATION OF COMMERCIAL CANNABIS ACTIVITIES OTHER THAN MEDICINAL CANNABIS RETAIL ACTIVITIES Section 40-1. Purpose and Intent. A. The purpose and intent of this article is to regulate commercial cannabis business activities, as defined in this article, in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for commercial cannabis business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit ('RSP"). Any commercial cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law and this article. All commercial cannabis facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the Ordinance No. NS -XXX Page 3 of 36 75C-9 applicable zone for the parcel of real property upon which the commercial cannabis activities are conducted. Any commercial cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in a zone in compliance with Santa Ana Municipal Code before commencing with any commercial cannabis business activity. Any commercial cannabis business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult-use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of cannabis as authorized under State Law. B. Any person operating a medicinal marijuana collective/cooperative (as defined in Chapter 18 of this Code) as of December 14, 2017, or who has a RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of Chapter 18, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis provided that they enter into the Adult -Use Cannabis Retailer Operating Agreement with the City. C. The Commercial Cannabis Operating Agreement shall be a legally binding written agreement between each commercial cannabis business operator and the City, executed by the City Manager, or his or her designee, and in a form and substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required for each location and type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business. Section 40-2. Definitions. The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. 1. "Applicant' means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a commercial cannabis business. 2. "Adult -Use" means cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person 21 years of age or older. Ordinance No. NS -XXX Page 4 of 36 75C-10 3. "Adult-Use Cannabis Retailer Operating Agreement," mercial " or "Operating Agreement" means the agreement entered into by and between the City and the commercial cannabis business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. 54. "Adult-Use cannabis retail business" means an Adult-Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult-Use cannabis, or an Adult-Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 65. "Authorized City of Santa Ana representative" any police officer, city employee, contractor or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. -76. 'Business owner" means any of the following: a. A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b. The chief executive officer of a nonprofit or other entity. C. A member of the board of directors of a nonprofit. d. An individual who will be participating in the direction, control, or management of the person applying for a license. 87. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, 'cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the Ordinance No. NS -XXX Page 5 of 36 75C-11 California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 98. "City' means the City of Santa Ana, a charter city and municipal corporation. 489. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for this Chapter. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter. 10. "Commercial cannabis business" means ahasility, establishmen'�„t, o;ot„er a business that obtains a Regulatory Safety Permit and engages in the cultivation possession manufacture processing from time to time. car - �IMW M 43:12 "Customer' means a natural person 21 years of age or over. 4.413. "Delivery" means the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorized by the State of California, or any of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/ or licensed by the retail cannabis business, or independently licensed by the State of California under the State law (as amended from time to time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. Ordinance No. NS -XXX Page 6 of 36 75C-12 414 "Delivery employee' means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a customer at a physical address. 165. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 17 "Display n..sn" .r, ante' n the lieensed retail h, siness where .. n i -rr. ori++�.�� ___: .. n...._ � __..-�.. .'-. ... the ..__..,..�= :=..�,�._�.,, ,.�_.� .... _._ 16. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between Licensees. 187. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 49-.18. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 29.19 "Labor Peace Agreement" means a legally binding agreement between an employer and a labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize, as described more fully in Business and Professions Code 26001(x1, as amended from time to time. 2420. "License/Licensee" means a license issued by the State and includes both an A-license (Adult-Use) and an M-license (Medicinal), and the holder of such license. 22. "I 'motel =----- _Fee ...-_..- an _. __ ......h.:-.h.-_....ah.s gooa are stored Gr_ he Id- -A Rd u,h'nh is 9n6i a GGe dhle to a I iGe nsee all the Li nln„ee6 and 21. "Manufacturer' means a Licensee that conducts the production, preparation, by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. 22. "Manufacturing" means all aspects of the extraction and/or infusion Ordinance No. NS -XXX Page 7 of 36 75C-13 23. "Medicinal cannabis patient' is a person whose physician has recommended the use of cannabis to treat a serious illness including cancer, anorexia AIDS, chronic pain, spasticity, glaucoma arthritis migraine or any other illness for which cannabis provides relief. 24. "Micro -Business' means a commercial cannabis business that cultivates 25. "Non-volatile solvent' means any solvent used in the extraction process that is not a volatile solvent For purposes of this chapter, a non-volatile solvent includes carbon dioxide used for extraction, or as it may be defined and amended by the State Planting, propagation, and cultivation of cannabis. 23.27. "Medicinal/medical cannabis" or "Medicinal cannabis product', means cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medicinal cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. pro Fnwses and �cn Tr,vvti rs p,:rchase aeds. 9 28. "Outdoor cultivation" means the cultivation of cannabis outside a permanent enclosed building. Outdoor cultivation is prohibited within the City of Santa Ana 25.29. "Ownership interest' means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of 6% 20 percent or more. 26.30. "Package" and 'Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. 'Package' and "packaging' does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 2-7.31. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. Ordinance No. NS -XXX Page 8 of 36 75C-14 28.32. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 2933. `Primary Caregiver' has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code, as amended from time to time. 30.34. 'Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5) and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 335. "Private security officer' has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. 33.36. "Purchase" means obtaining cannabis goods in exchange for consideration. 34.37. 'Purchaser' means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 3538.. "Qualified patient' has the same meaning as such term is defined in California Health and Safety Code section 11362.5, as amended from time to time, and is -means a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 36.39. 'Responsible person" means any of the following: a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue by way of his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where property -related Code violation occurs. e) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. C^F the ^ pews of this aFtiGl^ "^ Ordinance No. NS -XXX Page 9 of 36 75C-15 GanRabiG Fetail business pFemises iR WhiGh GaRRabis goods aFe sold or displayed. 39-.40. "Retail business" means a premises where ad, ilt-use cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 39.41. "Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to a commercial cannabis business. PUFPGGe Of summoning law eRfememeRt. 44.42. "Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a Licensee to the Licensee from whom such cannabis goods were purchased. 43. "State" means the State of California. 44. "Testing Facility" or "Testing Laboratory" defined in the Business and Professions Code section 26001, as amended from time to time, means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and, b) Licensed by the Bureau of Cannabis Control. hexane, propane, and ethanol, or as it may be defined and amended by the State 46. 'Wholesale" means the sale of cannabis goods to a distributor for resale to one or more retail cannabis businesses. Ordinance No. NS -XXX Page 10 of 36 75C-16 Section 40-3. Compliance with State and Local Licensing Requirements. Any commercial cannabis business as defined by the State of California and the City of Santa Ana shall operate in conformance with all regulations and standards set forth in this article to assure that the operations of any commercial cannabis business as defined by the State of California and allowed by the City of Santa Ana are in compliance with local and State law and are established to mitigate any adverse secondary effects from its operations. Commercial cannabis businesses shall be required to obtain a Regulatory Safety Permit (RSP) from the City of Santa Ana and a State license ease they beseMe available, and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. Co -location of commercial cannabis businesses proposed on any one site shall occur only if authorized by the State and the City of Santa Ana and only if allowed pursuant to the City's Zoning Code. Any commercial cannabis activity not specifically permitted by this article is prohibited. Section 40-4. Maximum Number of Regulatory Safety Permits for Commercial Cannabis Retail Businesses. The total number of cannabis retail businesses in operation shall be determined based on the number of locations which have been issued a Regulatory Safety Permit by the City of Santa Ana. In no case shall the City of Santa Ana allow more the than the following commercial cannabis retail businesses to operate within City limits, regardless of the location's compliance with any other Section specified in this article: A. 20 total medicinal cannabis retail businesses (as regulated by Article XIII of Chapter 18); B. 30 total adult -use cannabis retail businesses (which could include any or all of the medicinal cannabis retail businesses) Section 40-5. Zoning Compliance and Regulatory Safety Permit Requirements. Commercial cannabis activities are expressly prohibited in all zones in the City of Santa Ana; however, specific commercial cannabis businesses are allowed as a special use in the Industrial zone (M-1, M-2). The ealy allowed current permit types are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial cannabis business may operate in the City of Santa Ana without a Regulatory Safety Permit. Ordinance No. NS -XXX Page 11 of 36 75C-17 This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted —"P", or not permitted — "X". Any commercial cannabis business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section then the use is expressly not permitted. KIAM. � rvatori NI -I M-2 Regulatory nd Use Classification P Zone Zone Permit Required iIndoor only Types A, B, find CI XP I XP I NAYes Cultivator Outdoor or mixed -light X X NA Nursery Indoor/Outdoor - Type D X X NA Manufacturing Manufacturing XP XP NAYes Medicinal Retail Yes Retail P P (SAMC Chapter 18) Retail Adult -Use Retail P P Yes Adult -Use and/or Medicinal Yes Testing Laboratory I, 1, Industrial Distribution Freight/Transport XP XP #AYes Cultivation / Retail / Manufacture / Cultivation Micro -Business \ Distribution NA Land Use Classifications: Commercial A - permitted cultivation area: 0 to 5,000 square feet Commercial B — permitted cultivation area: 5,001 to 10,000 square feet Commercial C — permitted cultivation area: 10,000 to 22,000 square feet Commercial D — permitted cultivation area: 22,000 square feet Section 40-6. Separation Requirements for Commercial Cannabis Retail Businesses. any: (a) No commercial cannabis retail business shall be located within 1,000 feet of (1) School (K-12) as defined by Section 11362.768 of the Health and Safety Code: or 75C-18 Ordinance No. NS -XXX Page 12 of 36 (2) Park; or (3) Existing Residential zones in place on November 4, 2014. (b) No commercial cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. Section 40-7. (a) No non -retail commercial cannabis business shall be located within 1,000 feet of any: (1) School (K-12) as defined by Section 11362.768 of the Health and Safety Code: or (2) Park: or (3) Existing Residential zones in place on November 4. 2014. Section 40-8. General Provisions for Commercial Cannabis Activities in the City of Santa Ana. Regulatory Safety Permit Required a. Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity defined by the State pertaining to that activity. The only allowed current permit types pursuant to this article is are for commercial cannabis retail sales and cultivation, distribution, manufacturing, and testing laboratories/facilities. b. It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial cannabis fetall business without a RSP. A commercial cannabis business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. public. C. A copy of the RSP shall be displayed at all times in a place visible to the 75C-19 Ordinance No. NS -XXX Page U of 36 d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting All records shall be maintained by the commercial cannabis business for a period of five (5) years and shall be made available by the commercial cannabis business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the commercial cannabis business may maintain, these records shall be stored by the business at the location in a printed format in a fire -proof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within 24 hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the State Board of Equalization. b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the California State Board of Equalization under Title 18 California Code of Regulations section 1968. C. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including but not limited to the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business activity. Permits, licenses, and other local authorizations to conduct the commercial cannabis business activity. Security records, as outlined in the Operational Standards for All Commercial Cannabis Business Activities. Proof of building ownership or landlord letter acknowledging business type. Proof of insurance. Ordinance No. NS -XXX Page 14 of 36 75C-20 3. Operational Standards for All Commercial Cannabis Business Activities a. The location, interior and exterior, shall be monitored at all times by web - based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The pPolice dDepartment may request the recordings in connection with an investigation. b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. C. The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the police department or their designee on request. d. If applicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the City, associated with project review under CEQA. e. Commercial cannabis businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within 24 hours of the system being available. f. No physical modification of the licensed premises is allowed without written prior permission by the City of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business businesses shall provide adequate off- street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business shall provide adequate disabled access parking per the requirements in the California Building Code. L The commercial cannabis business shall minimize nuisances such as trash, litter, and graffiti. j. Any and all signage, packaging, and facilities shall not be 'attractive', as it is defined by the State, to minors. Ordinance No. NS -XXX Page 15 of 36 75C-21 k. Commercial cannabis business facilities shall be required to provide an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. ... e. vu, •-.u1111G1b1r business.. .-y that vv.-vvv to vYv....tv .v. ...v...a than .vv G.-...anda. days shall be deemed "abandG ed" n.a {I t tion b forfeited. by the DiFeOtOF of RaRRiRg or deSigRee. ml. The commercial cannabis business shall comply with all State regulations regarding: i. Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. rim. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than Two Million Dollars, with primary coverage, naming the City of Santa Ana as additional insured. on. No free samples of any cannabis or cannabis product may be distributed at any time. po. All agents, private security officers or other persons acting for or employed by a commercial cannabis business shall display a laminated identification badge at least 2" X 2" in size, issued by the business. The badge, at a minimum, shall include the business's "doing business as" name and license number, the employee's first and last name, and a color photo of the employee that shows the full front of the employee's face. Ordinance No. NS -XXX Page 16 of 36 75C-22 qp. All private security officers acting for or employed by a commercial cannabis business shall be licensed by the State and issued a business license from the City of Santa Ana. rq. The commercial cannabis business shall have a centrally -monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or portion of the building where the business is located shall contain a fire -proof safe or fire proof filing cabinet and include a safety and security plan. sr. The commercial cannabis business shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors and responds to the alarm system. The alarm company shall obtain a City of Santa Ana business license. ts. The commercial cannabis business shall provide the name and phone number of an on-site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. at. The commercial cannabis business must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. uu. Occupancy shall not exceed that required under the Uniform Building Code -and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. wv. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. *7w Each commercial cannabis business owner, operator(s) and employee(s) shall complete a criminal background check and wear a visible photo ID at all times during working hours. Owners, operators, employees, managers or volunteers may not have been convicted of, or pled guilty/no-contest to a felony or misdemeanor drug charge within the past four (4) years; nor shall they be a person required to register as a controlled substance offender pursuant to Health & Safety Code section 11590. yx. All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Ordinance No. NS -XXX Page 17 of 36 75C-23 4. Additional Operational Standards for Adult -Use Cannabis Retail Business a. At all times the Adult -Use cannabis retail business is open, it shall provide at least one private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a valid business license from the City of Santa Ana. b. The private security guard and adult -use retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot. G. Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. d. There shall be no on-site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on-site consumption of food, alcohol or tobacco by patrons. e. Hours of operation shall be limited to: 7 a.m. to 10 p.m. daily. No licensed retail business shall be open to the public between the hours of 10:01 p.m. and 6:59 a.m. of any day. f. The Adult -Use cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: Secondary sale, barter or distribution of adult -use cannabis is a crime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. iii. A warning that patrons may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. Ordinance No. NS -XXX Page 18 of 36 75C-24 g. No one under the age of 21 shall be allowed to enter an Adult -Use cannabis facility unless the licensed Adult -Use cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the adult -use cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. i. All Adult -Use cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j. Adult -Use cannabis retail businesses shall also record on the video surveillance system point-of-sale areas and areas where cannabis goods are displayed for sale. k. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. I. Shipments of cannabis goods may only be accepted during regular business hours. M. Inventory shall be secured using a lockable storage system during non- business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. Educational tours of adult -use retail cannabis businesses shall be allowed. Q. A permitted commercial cannabis retail business shall have 180 days after permit issuance by the City of Santa Ana to operate. A permitted commercial cannabis Ordinance No. NS -XXX Page 19 of 36 75C-25 charged for the business exceed the fee Per square foot calculations by the end of the 180 -day period. 5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services a. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. C. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the commercial cannabis retail business. e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. g. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. i. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information: Name and address of the commercial cannabis retail business The name of the employee who delivered the order Ordinance No. NS -XXX Page 20 of 36 75C-26 iii. The date and time the delivery request was made iv. The complete delivery addresses V. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. I. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. M. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories a. A licensed cannabis testing facility or laboratory business, its owners and employees may not hold an interest in any other cannabis business except another testing laboratory business. b. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. C. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. 7. Additional Operational Standards for Commercial Cannabis Manufacturing Facilities a. Commercial cannabis manufacturing facilities are prohibited from using volatile solvents in the manufacturing process as defined in the California Health and (CUP) for volatile solvents is applied for and granted pursuant'to Chapter 41 of the Santa Ana Municipal Code. b. A licensed commercial cannabis non-volatile manufacturing facility may conduct all activities permitted by the State. This includes but is not limited to: non- volatile extractions, repackaging and relabeling infusions and extractions. Ordinance No. NS -XXX Page 21 of 36 75C-27 be conducted without notifying the Executive Director of the Planning and Building Agency or his or her designee, after which a determination will be made if the new activity may commence with or without modification to the RSP or if a new RSP is required. d. At all times, the commercial cannabis manufacturing facility will be compliant with all State regulations for cannabis manufacturing including Health and Safety Code 11362.775, as amended from time to time. Signage shall be posted regarding the type(s) of chemicals being used at the manufacturing facility. e. Cannabis manufacturing facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. f. Extraction equipment and extraction process utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. g. All commercial cannabis manufacturing/processing facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California. and/or the City of Santa Ana for cannabis plant processing and extraction. 8. Additional Operational Standards for Indoor Commercial Cannabis Cultivation Facilities a. There shall be no exterior evidence of cannabis cultivation from a public right-of-way. suppression sprinklers. C. Compliance with Section 13149 of Water Code as enforced by the State Water Resources Control Board is reauired. d. All commercial cannabis cultivation facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis carbon dioxide enrichment systems. e. Cannabis cultivation facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. Ordinance No. NS -XXX Page 22 of 36 75C-28 9. Additional Operational Standards for Commercial Cannabis Distribution Facilities b. A distributor shall ensure that all cannabis goods stored in compliance with all applicable State regulations to ensure conformance to any and all applicable Track and Trace systems required by the State. C. Employee breakrooms, eating areas, changing facilities, locker rooms and bathrooms shall be completely separated from the storage areas. Section 40-9. Commercial Cannabis Selection Process. 1. Commercial Cannabis— Registration Application and Regulatory Safety Permit Required a. Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ('RSP") on or before December 14, 2017. The Director of Planning and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this article and Chapter 18. b. The Regulatory Safety Permit ('RSP") selection process will be conducted in two phases, Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be placed on the "Regulatory Safety Permit ('RSP") Eligibility List' and entered into the Phase 2 Regulatory Safety Permit Application process. In Phase 2, the City of Santa Ana has established a merit based point system for commercial cannabis retail businesses to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1 — Registration Application a. Following the adoption of this article, the Director of Planning and Building shall prepare commercial cannabis business registration application forms and a related administrative policy. Each commercial cannabis business interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. Ordinance No. NS -XXX Page 23 of 36 75C-29 b. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be placed on the 'RSP Eligibility List' and shall be notified in writing whether they are a 'RSP Eligible Applicant' or not. Each applicant on the RSP Eligibility List may then choose to file an application for a RSP in Phase 2. C. The requirements for Phase 1 include but are not limited to: All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv. Business Owner(s)/Applicant(s) referenced on the application provides a Live Scan that was conducted within 14 days prior to submitting the application. V. Phase 1 application fee is paid. vi. A signed statement that the proposed location of the commercial cannabis business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. d. The Director of Planning and Building or his or her designee(s) shall determine whether each application demonstrates compliance with the minimum requirements (above) and be placed on the RSP Eligibility List and entered into the Phase 2 application and review process. e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 - Regulatory Safety Permit Application Ordinance No. NS -XXX Page 24 of 36 75C-30 a. Each applicant identified on the RSP Eligibility List may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. C. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. d. Phase 2 requirements include but are not limited to: All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is paid and a comprehensive owner background check is completed. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a certificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The Planning Manager or designee has issued zoning clearance documenting compliance with the following: 1. The use is permitted; 2. All land use permits, if any, have been approved and all conditions of approval have been met or are in good standing; and, 3. No zoning violations exist on the property. Ordinance No. NS -XXX Page 25 of 36 75C-31 e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. a. An existing commercial cannabis business with an RSP may co -locate RSP must meet the all requirements of the Santa Ana Municipal Code except that background checks (live scans) shall only be required for any new staff as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. b. Pending RSP applicants wishing to co -locate additional non -retail (cultivation distribution, and/or manufacturing) uses may submit a new RSP for any of the non -retail commercial cannabis business activities. The additional RSP must meet the all requirements of the RSP except that background checks (live scans) shall only be required for any new staff as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 4. Regulatory Safety Permit Annual Renewal a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the Director of Planning and Building or her or her designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said Ordinance No. NS -XXX Page 26 of 36 75C-32 permit should be renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. 5. Appeal of Denial of Regulatory Safety Permit / Denial of RSP Renewal The City Manager or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with all other relevant information, and determine if a RSP should be granted and/or renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. If the City Manager determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of the City-Geuasil a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Section 40-9.1. Non -Retail Commercial Cannabis Business (Cultivation, Manufacturing, Distribution, and Testing Facility/Laboratory) Selection Process. 1. Non -Retail Commercial Cannabis Testing F^^ litiesn abet terwes Businesses — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required a. Every Non -Retail Commercial Cannabis Testing Fae*lltWI=abeFata1:y Business shall apply for the Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) in the manner described in Section 40-9, except that the Director of Planning and Building may accept Phase 1 and Phase 2 applications for a Non -Retail Commercial Cannabis Test•i:ig FaGIRWI .bent« , Business concurrently, and shall review such applications and issue the Regulatory Safety Permit Application without consideration of the merit based point system, insofar as the applications satisfy all other requirements of this article and Chapter 18. b. Applications for a Non -Retail Commercial Cannabis Testing, FaGil aberatefy Business shall be accepted during normal City Hall business hours and are not subject to the 30 -day Phase 1 or Phase 2 application periods. Section 40-10. Audits. Annual audits. No later than June 30th of every year, each licensed commercial cannabis business shall file with the City an audit or financial review of its operations of Ordinance No. NS -XXX Page 27 of 36 75C-33 the previous calendar year. The form and contents of the document shall be specified by the Executive Director of Finance and Management Services, or his or her designee(s). Section 40-11. Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any commercial cannabis business between the hours of 7:00 a.m. and 10:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, any police officer may enter and inspect the location of any commercial cannabis business and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the police department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible person, landlord, lessee, member including but not limited to a member engaged in the management), or any other person having any responsibility over the operation of the commercial cannabis business to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. Section 40-12. Violation and enforcement. Vio I ation/enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the commercial cannabis business Regulatory Safety Permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and State laws for any violations committed by the commercial cannabis business and persons related or associated with the business. 2. Suspension or revocation. When an authorized City of Santa Ana representative finds that any person holding a Regulatory Safety Permit under the provisions of Chapter 40 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the Regulatory Safety Permit as set forth in Article XIII of Chapter 18, s/he may revoke or suspend the permit. No such revocation shall become effective until the Regulatory Safety Permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If Ordinance No. NS -XXX Page 28 of 36 75C-34 a timely appeal is filed, the revocation shall be effective only upon decision of the City Cm- mmol a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Cod Otherwise, the revocation shall become effective after the timely appeal period has passed. 3. State License Suspension/Revocation. Revocation or suspension of a Licensee's State issued commercial cannabis business permit or license by the State shall constitute a violation of this article and result in revocation of the Licensee's RSP. Section 40-13. Transfer of Ownership. 1. Upon the transfer of any interest in a commercial cannabis business, the Regulatory Safety Permit shall be null and void. Any person, firm or entity desiring to own and operate the commercial cannabis business shall make a new Regulatory Safety Permit application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the City Council shall be payable for each such application involving transfer of any interest in an existing commercial cannabis retail business. The provisions of this section shall apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises previously used as such establishment. 2. Any such transfer of any interest in an existing commercial cannabis business or any application for an extension or expansion of the building or other place of business of the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article. 3. The owner or operator of a commercial cannabis business shall be . responsible for notifying the City of any intention to rename, change management, or convey the business to another person/entity. Notification to the City must be made a minimum of sixty (60) days prior to such transfer. Section 40-14. Limitations on the City's Liability. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis business approved pursuant to this Ordinance No. NS -XXX Page 29 of 36 75C-35 chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall: 1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business or the prosecution of the applicant or business or its members for violation of federal or State laws; 2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his or her designee; 3. Name the City as an additionally insured on all City required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and, 5. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. Section 40-15. Fees and Taxes. All commercial cannabis businesses shall pay applicable fees and taxes, which shall include one or more of the following: 1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business. These fees may be divided into two fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2). 2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application renewal annually. 3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code. 4. Operating Agreement Fees. Ordinance No. NS -XXX Page 30 of 36 75C-36 5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana. 6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc. All required federal taxes. Section 6: Section 18-620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-620. - Compliance with this article and state law. (a) It is unlawful for any person to: (i) Cause, permit or engage in the Gr -giving away of marijuana, or (ii) Own, establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent, responsible person or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. (iii) The prohibition in subsection (it) above includes, renting, leasing, or otherwise permitting a medical marijuana business to occupy or use a location, vehicle, or other mode of transportation. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law Ordinance No. NS -XXX Page 31 of 36 75C-37 with regard to the cultivation, transportation, provision, and sale of medical marijuana. (e) Cultivation of Marijuana (1) Personal Cultivation. Individuals 21 years of age or older may plant, cultivate, harvest, dry, or process up to (6) living marijuana plants for personal (non-commercial) use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: (i) The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; (ii) No more than six (6) living marijuana plants is permitted for indoor personal cultivation; (iii) Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the grounds of the private residence not visible from the public right -of way. (iv) There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or (v) The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or medweal aiarijuaaacannabis is prohibited anywhere in the City except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. ar, shall engage, PeFM;t, er participate in the (3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor cultivation of marijuana in the City. (4) NuisanseReserved. Ordinance No. NS -XXX Page 32 of 36 75C-38 (5) Public Nuisance Prohibited. (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. (f) A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not Ordinance No. NS -XXX Page 33 of 36 75C-39 I Re. Oil— -im -,I- (5) Public Nuisance Prohibited. (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. (f) A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not Ordinance No. NS -XXX Page 33 of 36 75C-39 expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. (g) Non -Retail Commercial Cannabis Testing r^^"'}'86" RhGFRt^ ^c Businesses for Medicinal and Adult -Use Cannabis as defined in Chapters 18 and 40 of the Santa Ana Municipal Code (SAMC) are permitted subject to the regulations and standards contained within Chapter 40 of the SAMC. Section 7: Section 8-95 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-95. Certificate of occupancy (Chapter 1, Division II, Section 111). Chapter 1, Division II, Section 111.1 of the building code is amended to read in full as follows: Chapter 1, Division II, Section 111.1 --Certificate of Occupancy (1) Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2 (2) No alteration to an existing building which changes the floor area of the building or which changes the means of egress from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 2 and 3, and Group U Occupancies. (4) Code violations—Disconnection of utilities. Ordinance No. NS -XXX Page 34 of 36 75C-40 (5) (i) No building or structure shall be occupied, nor shall a business operate without a valid Certificate of Occupancy. A provision. (iii) A building, structure or business whose utilities have been disconnected shall not have the utilities reconnected until an inspection has been made by the city's building official and the building official has determined that the likewise not be occupied or its utilities connected until an with this Code. (v) Removing or defacing a notice posted in relation to service has been disconnected be reconnected with constitute an unsafe building. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2018. Ordinance No. NS -XXX Page 35 of 36 75C-41 Miguel A. Pulido Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 6C -- Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-42 Ordinance No. NS -XXX Page 36 of 36