Agenda packet — Santa Ana City Council, September 20, 2022 (part 2 of 6)

2 9
5 5

EXHIBIT(S)

1. County of Orange Grand Jury Investigative Report, Findings and Recommendations regarding “Where Have All the CRVs Gone”.

2. City’s Response to County of Orange Grand Jury Findings and Recommendations Regarding “Where Have All the CRVs Gone”.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
7 –
2 9/20/2022

Where Have All the CRVs Gone?
GRAND JURY 2021-2022
EXHIBIT 1

City Council
7 –
3 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 2

Table of Contents
SUMMARY ................................................................................................................................... 3 BACKGROUND ........................................................................................................................... 3 REASON FOR THE STUDY ...................................................................................................... 4 METHOD OF STUDY ................................................................................................................. 5 INVESTIGATION AND ANALYSIS ......................................................................................... 5 CRV Redemption...................................................................................................................... 5 Waste Haulers.......................................................................................................................... 9 Beverage Container Recycling Pilot Program ...................................................................... 11 Additional Grant Opportunities............................................................................................. 12 Current State of Redemption Efforts in Orange County ........................................................ 13 FINDINGS ................................................................................................................................... 14 RECOMMENDATIONS ............................................................................................................ 14 COMMENDATIONS ................................................................................................................. 15 RESPONSES ............................................................................................................................... 15 Responses Required ................................................................................................................ 16 Responses Requested............................................................................................................... 19 GLOSSARY................................................................................................................................. 20

City Council
7 –
4 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 3

SUMMARY
Each year Californians pay over $1.4 billion in California Refund Value (CRV) fees to the State of California, yet only a portion of those funds are redeemed by the consumer. Since 2013, more than 1,000 redemption centers have closed throughout California leaving 1,265 redemption centers statewide and only 109 in Orange County.1 The quantity of convenient redemption centers is constantly changing. Where once the consumer need only return their cans and bottles to the grocery store to receive their money, today redemption could mean traveling many miles.

Due to the reduction of CRV redemption sites, waste haulers have become the default beneficiaries and are paid the CRV redemption for the containers collected at curbside. Millions of dollars in CRV fees still go unclaimed. Currently this amount is over $600 million, a portion of which belongs to Orange County residents.

This report will explore the lack of redemption sites and the innovative programs being piloted to return the CRV dollars to Orange County consumers. Based on the Orange County Grand Jury (OCGJ) investigation, we recommend all Orange County cities and the County of Orange assess the revenue stream from curbside pickup, processing, and sale of recyclable materials, and leverage this to benefit their residents when negotiating waste hauler contracts. They should also require waste hauler-funded additional redemption centers when negotiating contracts.

Additionally, the OCGJ recommends all cities and the County of Orange research and apply for available grants or pilot programs from Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle) that focus on returning CRV funds to their residents. Lastly, the OCGJ recommends development of programs aimed at educating residents regarding CRV redemption opportunities.

BACKGROUND

California Redemption Value (CRV), also known as California Refund Value, is a regulatory fee paid on recyclable beverage containers in California. The fee was established by the California Beverage Container Recycling and Litter Reduction Act of 1986, also called the Bottle Bill (AB 2020, Margolin).2 Since 2010 the program has been administered by the Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle). This Act was intended to increase the recycling rate to 80 percent of all recyclable containers and to provide for convenience in redeeming consumer deposits (CRV).

This Act established convenience zones. A retailer/dealer in an unserved convenience zone (one without a functioning redemption center) may choose, after a 60-day grace period, to pay CalRecycle $100 fine per day in lieu of redeeming containers on site or establishing a redemption center in the convenience zone. From the CalRecycle website, a convenience zone is

1 http://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 2 http://www.bottlebill.org

City Council
7 –
5 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 4

typically a half-mile radius circle with the center point originating at a supermarket that meets the following definitions based on Public Resources Code Sections 14509.4 and 14526.5:
• Supermarket is identified in the Progressive Grocer Market Guidebook. • Supermarket gross annual sales are $2 million or more. • Supermarket is considered a full-line store that sells a line of dry groceries, canned goods, or non-food items and perishable items.

A convenience zone is required by law to have within the zone’s boundaries a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone. Convenience zone recyclers provide opportunities to redeem containers near where the beverages were purchased.

For the past several years, using the California redemption program has been a challenge for Orange County consumers. Several factors have led to this difficulty, including lack of access to fewer redemption centers. More than 1,369 supermarket redemption centers have closed since the peak in 2013. Just over 1,200 redemption centers remain in operation in California compared to nearly 2,600 centers in 2013. According to three separate surveys, supermarket chains and other beverage retailers legally obligated to be recyclers of last resort are refusing to redeem consumer deposits up to two-thirds of the time.3
CalRecycle brings together the state’s recycling and waste management programs. They have provided grants to five pilot programs in California which make resident consumer CRV refunds more accessible and convenient, with the goal of diverting more recyclables from landfills. One pilot grant program is currently operating in Orange County.

REASON FOR THE STUDY
The subject of unclaimed CRV, and a pilot program being developed to address it, were brought to the attention of the OCJG through recently published articles and personal experience.

A yearlong investigation of the California bottle deposit program found that the system could collapse without fundamental reform and that best practices are not being used.4 Currently, redemption centers in Orange County are few and far between and have been closing at an alarming rate. The lack of redemption centers has increased the statewide unclaimed deposits held by CalRecycle to over $600 million.

3 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, published January 2020. For surveys showing that obligated stores refuse to redeem empties two thirds of the time, see:
https://www.consumerwatchdog.org/energy/consumer-watchdog-report-shows-66-grocery-stores-surveyed-refused- recycle and https://www.nbcbayarea.com/news/local/Cash-in-the-Can-Californias-Recycling-Run-Around- 564236811.html
and https://abc7news.com/society/stores-required-to-redeem-crv-on-bottles/5553583/. 4 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, January 2020.

City Council
7 –
6 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 5

The largest single recycling operator, rePlanet Recycling Centers, that had 600 locations in California, closed their last 284 centers on August 5, 2019, many of which were in Orange County. With fewer options, consumers have relinquished their CRV refunds to the trash haulers by resorting to single stream curbside collections. This CRV and material revenue is in addition to fees paid by residents to collect the recyclable materials. Waste haulers, including municipal haulers, were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.5
The OCGJ discovered CalRecycle was exploring new ways to encourage recycling through five pilot programs. Recycle From Home in Irvine makes redemption of CRV as easy as taking out your trash. This report examines the issues and solutions behind recycling and CRV redemption and explores opportunities to expand innovative programs throughout the County.

METHOD OF STUDY
The OCGJ used a variety of methods to gather information for our investigation. • Interviews with individuals with expertise in state and local waste and recycling management.
• Research about CRV, waste haulers, Convenience Zones, Cash for Trash, local newspapers, grant programs pertaining to Orange County and various sources relating to the overall operations of recycling and CRV fees.
• Report studies from CalRecycle, Consumer Watchdog, and Container Recycling Institute (CRI).
• Tours of Orange County landfills.
• Review of various Assembly and Senate Bills pertaining to recycling. • Conducted a survey of Orange County cities recycling coordinators regarding their current CRV recycling programs.

INVESTIGATION AND ANALYSIS
CRV Redemption
California’s bottle and can recycling program was once considered successful. Today it has become a failed model. California now has a very inconvenient redemption structure compared to other states. As of May 2021, Californians have only one redemption center for about every 26,000 people. Oregon, in comparison, has 74 percent higher quantity of redemption centers than California,6 even though Oregon’s population is one-ninth the size of California’s.

5 For more on haulers and why consumers do not get back deposits, see: https://www.consumerwatchdog.org/news- story/opinion-why-californians-don’t-get-thier-bottle-and-can-deposits-back.

6 OBRC, Quarterly Report Q4 2020

City Council
7 –
7 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 6

More than half California’s redemption centers have closed since 2013 due to State underpayments, commodities markets, and later the coronavirus pandemic. Redemption centers have faced financial hardships due to both scrap price declines and inadequate payments from CalRecycle. An additional hardship has been the increase in minimum wage for redemption center employees that has not been accounted for by the payment formula. More than 1,369 redemption centers have closed in California since the peak in 2013. Just over 1,200 redemption centers remain in operation in California, compared to nearly 2,600 centers in 2013.

According to CalRecycle, grocery stores can be granted exemptions if recycling centers would not be economically viable, or if another redemption center is sufficiently close by, or if consumers predominantly use curbside services in their location.7 Orange County currently has 338 convenience zones, but only 134 of the convenience zones have a redemption center. There are 59 zones made exempt by CalRecycle, 10 more on hold,

7 For more on exemptions and other program rules, see: https://www.calrecycle.ca.gov/bevcontainer/retailers/zones.

City Council
7 –
8 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 7

and 135 unserved.8 In the rest of the unserved zones lacking redemption centers, retailers are supposed to provide on-site redemption or pay State fees to avoid responsibility. Returning CRV containers to the local grocery store increases consumer convenience.

In an intercept survey, people were asked to choose from eleven options as to why they redeemed bottles at the recycling center. The top three reasons were ‘close to home’ (70 percent), ‘open at good times’ (21 percent), and ‘short lines and wait times’ (18 percent).9

Consumer Watchdog conducted an audit of 50 Los Angeles-area grocery, convenience and drug stores required by the State to refund consumer bottle deposits. The audit found up to two-thirds of retailers responsible for redemption may be refusing to take bottles back. The penalty from CalRecycle for refusing CRV redemption is between $100 and $1,000, depending on whether it is a repeat offense. It is very rare that retailers will be inspected and penalized by CalRecycle.10 Close to 4,000 California stores have signed up with CalRecycle to redeem CRV containers in zones lacking recycling centers.11 In Orange County, 109 Recycling/Redemption centers remain open,12 many with limited days and hours of operation. In addition, there are currently 195 in-

8 https://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 9 Intercept Survey conducted by the University of California, Berkeley research team. 10 Liz Tucker, “Trashed, How California Recycling Failed and How to Fix It,” Consumer Watchdog, published January 2020.
11 www2.calrecycle.ca.gov/BevContainer/InStoreRedemption. 12 www2.calrecycle.ca.gov/bevcontainer>recycling centers.

City Council
7 –
9 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 8

store CRV redemption locations.13 Although the CalRecycle website lists the status, hours, and days of operation of recycling and redemption centers, the OCGJ determined the information is not always accurate.

The primary cause of redemption center closure is the lack of compensation received from CalRecycle. Liza Tucker, a consumer advocate with Container Recycling Institute, stated, “the formula for calculating state payments to recycling centers is flawed.” CalRecycle, she said, “averages costs to run centers across the state. But the cost of operating a redemption center in a grocery store parking lot – which is the most convenient for consumers – is substantially higher.”14
The rePlanet Recycling Centers suffered the largest closure. Established in 1984, rePlanet grew to 600 redemption centers in California at its peak. In 2016, it closed 191 centers and terminated 300 employees. On August 5, 2019, it closed the remaining 284 centers and laid off the remaining 750 employees. David Lawrence, rePlanet’s President said the factors were:

Reduction in State Fees:
• Depressed pricing of aluminum and plastic
• Minimum wage increases
• Required Health and Workers Compensation Insurance15
The decline in Redemption Centers will result in:
• Tons of metal, plastics, and glassware going into landfills • Increased greenhouse gas
• Increased litter
• Lost jobs in recycling and redemption industry
• Income for families and individuals who gather discarded cans and bottles to earn extra cash
A letter from Container Recycling Institute (CRI) urged the State to extend the Processing Payment Emergency Regulations for one year.16 The Emergency Regulations add a 10 percent reasonable financial return to calculate the processing payments that will be made to certified recyclers for 2021. This processing payment subsidy is intended to offset the difference between their operating costs and the revenue earned from scrap sales and handling fees. “Recyclers” include recycling centers, and curbside and drop-off programs.

13 www2.calrecycle.ca.gov/beveragecontainer/instore redemption. 14 Kevin Smith, “rePlanet Closes all Recycling Centers, Prompting a Call for Bottle, Can Redemption at Stores,” San Gabriel Valley Tribune, August 6, 2019.
15 Ibid.
16 December 6, 2021, letter from Container Recycling Institute President and Executive Director, Susan Collins to The State of California Office of Administrative Law.

City Council
7 –
10 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 9

California retailers are the failsafe for the program in locations lacking redemption centers.

California has an average of one center for every 26,000 consumers,17 leading to CRV non- redemption.

Waste Haulers
Municipal curbside drop-off programs and trash haulers benefit from the redemption of CRV containers the consumers discard. When the Bottle Bill18 passed, environmental groups and lawmakers envisioned a network of redemption centers in supermarket parking lots to redeem containers. But California lawmakers and environmentalists also wanted to encourage developing curbside recycling. Operators of curbside and rural drop-off recycling programs are eligible to bill the State for the CRV stamped on the labels of containers without offering consumers refunds.19 Waste haulers were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.20 The rate at which consumers take bottles and cans for direct deposit refunds stands at 58.8 percent as of November 2021.

17 California’s population of 40 million is served by 1,553 redemption centers, per CalRecycle presentation, Beverage Container Recycling Program, Certification and Registration Branch, 4 th Quarter 2018, presented in January 2019.
18 AB 2020, Margolin.
19 https://www.CalRecycle.ca.gov/bevcontainer.
20 In 2020 haulers were paid $118 million for the CRV in curbside bins and $28 million for the CRV at rural, drop off locations, according to the CalRecycle data analyzed by Container Recycling I nstitute. Corporate waste haulers operate a majority of these of these programs. Municipalities operate at least ten percent of these programs statewide.

City Council
7 –
11 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 10

Meanwhile, unredeemed deposits in the State’s main beverage fund are more than $600 million.21
Curbside haulers in many cities use a single stream method of gathering recyclables. People put their recyclables into one bin and trucks take them to a processing center where machinery sorts the materials. But during transport, the materials are jostled together, rendering at least one quarter of the materials useless because they are contaminated with ground-in bits of organic waste, paper, plastic, and metal. This contamination contributes to increased landfill waste rather than recycling.

In California, waste haulers profit in numerous ways:
• They receive the CRV value, and the material scrap value of recyclables collected.
• Those that process recyclable materials are paid an additional three quarters of one percent, based on the total value of CRV collected, for administrative costs. • They are paid subsidies to compensate for the difference between the cost of recycling and the market scrap value.
• They are awarded supplemental payments.

California awards “supplemental payments” to operators of curbside programs. These payments were initially created as an incentive to start and support curbside collection programs. Now that most cities have curbside collection programs supported by ratepayers, the supplemental payments are additional profit.

21 Liza Tucker, “State Obscures Extent of a Half-Billion-Dollar Surplus of Unredeemed CRV Deposits as Redemption Rate Stays Stuck at 58 percent,” Consumer Watchdog, February 9, 2022.

City Council
7 –
12 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 11

Visualization of flow of Payments to Waste Haulers22
Beverage Container Recycling Pilot Program
Under previous legislation,23 CalRecycle approved five pilot programs to boost consumer redemption access in the following jurisdictions: Culver City, San Francisco, San Mateo County, Sonoma County, and the City of Irvine.

Communities can create CRV redemption programs that work for them. Pilot programs allow flexible operating requirements and customized redemption programs designed to meet a region’s unique needs. The CalRecycle Pilot Project Grant Program is designed to assist jurisdictions that lack CRV beverage container recycling opportunities for their residents.

The goals of the Pilot Project Grant Program are:
• Improving redemption opportunities in underserved areas. • Allowing local governments and private industry to work together, to create new, convenient, and innovative recycling opportunities that work in their region or area. • Increasing consumer redemption access.
• Increasing recycling percentages in pilot program areas.

22 Liza Tucker, “Waste Haulers: The Square Peg in the Circular Economy,” Consumer Watchdog, May 2021. Used with permission of the author.
23 California Beverage Container Recycling and Litter Reduction At (Assembly Bill 2020, Margolin, Statutes of 1986 Chapter 1290) (Public Resources Code 14571.9) SB458 (Wiener Chapter 648 Statues of 2017).

City Council
7 –
13 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 12

Pilot program jurisdiction is defined as a city, county, or a combination thereof, that has authority to issue a grant permission for a certified pilot program recycler to operate in the designated pilot project area. Jurisdiction must meet at least one of the following criteria:
• The jurisdiction must have at least six unserved convenience zones. • At least 75 percent of all convenience zones are unserved.

Local jurisdictions can now apply to turn their recycling deserts into hubs for convenient bottle and can redemption. California has approved five additional pilot grants, and the grant pilot program has been extended until June 30, 2026. The Governor has allocated an additional $10 million to support the local pilot programs.

Additional Grant Opportunities

Currently, in Orange County, there is one grant pilot program operating. This program, called Recycle from Home, is a joint effort between the City of Irvine and the program’s founder, Ryan Bloom. Irvine was an ideal location for a pilot program because of its high-density population with unserved CRV redemption zones. Recycle from Home picks up recycling directly from the resident’s doorstep and deposits CRV refunds into the user’s account of choice, minus 10 percent paid to the program. Participants are responsible for sorting their CRV recyclables and placing them in specially coded bags provided. Once the bag is ready, residents simply schedule a pick- up with Recycle from Home through an app or phone call and place the bag(s) on their porch.

The OCGJ found this program to be an innovative way to return CRV funds to the consumers.

Additionally, CalRecycle offers the Beverage Container Recycling Grant Program. Beginning September 30, 2021, and ending June 28, 2024, grants are available to cities for beverage container recycling. The goal of this program is to reach and maintain an 80 percent recycling rate for all of California refund value beverage containers-aluminum, glass, plastic, and bi-metal.

Unlike the Grant Pilot Program, no redemption element to consumers is required. The requirements are:
• The projects must be in California.
• Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110).
• The grantee will ensure that the recycling bins, if applicable, are serviced on a regular basis and that collected material is transported to a certified recycling center. • The grantee will ensure, if applicable, that it and/or other entities certified to collect beverage containers are certified or registered by CalRecycle in the proper category and will provide the Grant Manager a copy of the certification certificates(s) upon request.

City Council
7 –
14 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 13

The grantee shall monitor the project for the tonnage and revenues collected by material type, if applicable, and will report to the Grant Manager in the progress and final reports. Information for both these programs is available on the CalRecycle web site.24 The OCGJ strongly encourages other cities and the County to research and apply for available grants or pilot programs from CalRecycle for their communities that focus on returning more CRV funds to their residents’ benefit and to reduce recyclables from entering landfills.

Current State of Redemption Efforts in Orange County
The OCGJ surveyed the thirty-four cities in Orange County. The purpose of the survey was to evaluate the efforts the cities are currently undertaking to help residents obtain their CRV refunds and remove recycling from the waste stream. The City of Irvine is currently participating in the Recycle from Home grant pilot program and requires its solid waste hauler to operate a buy-back center for Irvine residents.

Over 40 percent of the 14 cities that responded to the OCGJ survey failed to offer an organized program for public outreach and education regarding CRV redemption and recycling. Many relied on their waste haulers to make recycling available and to educate their community. Brea had applied for CalRecycle Beverage Container Recycling grants for the purchase of designated recycling containers at several city and school locations.

Three of the responding cities took into consideration waste hauler revenue from CRV redemption and raw material sales in different ways. Laguna Beach had a windfall recycling payment clause in their waste hauler contract. It stipulated that the contractor agreed to pay Laguna Beach 25 percent of revenue that is attributable to the sale of recyclable material collected in the city that exceeds $135 per ton (net processing costs). Similarly, Fountain Valley had CRV revenue sharing which required the waste hauler share CRV revenue with the city once the contractor’s baseline CRV revenue exceeded $275,000. San Juan Capistrano considered fundraising efforts by requiring the waste hauler to offer free 30-yard roll-off containers to local schools for collecting CRV from students and families. When these containers are filled, the contractor is required to provide the redemption value to the school as a fundraising source. The OCGJ applauds the efforts by these cities to benefit their citizenry and increase material recycling.

The OCGJ sees a missed opportunity for the cities that are not leveraging CRV or the raw material revenue when negotiating their waste hauler contracts. Orange County cities should be more proactive in encouraging CRV redemption and recycling by their residents. The OCGJ also encourages each City’s participation and promotion of the grant pilot programs currently offered by CalRecycle.

An additional tool for sharing information about each City’s recycling efforts is the City Recycling Coordinators Meeting. This meeting is held quarterly and facilitated by staff of OC Waste & Recycling (OCWR), a department of the County of Orange. A recent meeting included

24 www.calrecycle.ca.gov

City Council
7 –
15 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 14

recycling coordinators, representatives from CalRecycle and OCWR, consultant groups, and industry professionals. Agenda items included:
• Education Outreach Updates.
• CalRecycle Update.
• City/Consultant Q&A.

The OCGJ believes this is an educational and informative opportunity for City Recycling Managers and encourages participation by all cities.

FINDINGS
Based on its investigation described here, the 2021-2022 Orange County Grand Jury has arrived at the following principal findings:

F1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.

F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.

F3 CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so. Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle.

F4 Orange County and most OC Cities do not make CRV redemption and recycling a priority when negotiating their waste hauler contracts which results in missed financial opportunities and convenience for their residents.

In accordance with California Penal Code Sections 933 and 933.05, the 2021-2022 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

RECOMMENDATIONS
R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3)

R2 By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents. (F3)

City Council
7 –
16 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 15

R3 When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents. (F2, F4)

R4 By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction. (F1, F3)

COMMENDATIONS
The OCGJ commends Recycle From Home in the City of Irvine as CalRecycle’s only pilot project grant program in Orange County. A collaboration between the City and private enterprise, Recycle From Home is a unique collaborative concept to service the entire City of Irvine’s CRV recycling needs. This is an eco-friendly way to recycle right from your driveway or doorstep. This mobile residential recycling service was selected and approved as part of a new pilot project grant program established by the State of California. The pilot program is innovative, convenient, helps keep CRV recyclable material out of the waste stream and returns the deposits directly to the consumer.

RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:

California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the way such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:

City Council
7 –
17 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 16

(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from:
90 Day Response Required F1 F2 F3 F4
Orange County Board of Supervisors X X X

90 Day Response Required R1 R2 R3 R4
Orange County Board of Supervisors X X X X

City Council
7 –
18 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 17

90 Day Response Required F1 F2 F3
City Council of Laguna Hills X X X

90 Day Response Required R1 R2 R3 R4
City Council of Laguna Hills X X X X

90 Day Response Required F1 F2 F3
City Council of Laguna Niguel X X X

90 Day Response Required R1 R2 R3 R4
City Council of Laguna Niguel X X X X

90 Day Response Required F1 F2 F3
City Council of Laguna Woods X X X

90 Day Response Required R1 R2 R3 R4
City Council of Laguna Woods X X X X

90 Day Response Required F1 F2 F3
City Council of Lake Forest X X X

90 Day Response Required R1 R2 R3 R4
City Council of Lake Forest X X X X

90 Day Response Required F1 F2 F3
City Council of Los Alamitos X X X

90 Day Response Required R1 R2 R3 R4
City Council of Los Alamitos X X X X

90 Day Response Required F1 F2 F3
City Council of Mission Viejo X X X

90 Day Response Required R1 R2 R3 R4
City Council of Mission Viejo X X X X

City Council
7 –
19 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 18

90 Day Response Required F1 F2 F3
City Council of Rancho Santa
Margarita X X X

90 Day Response Required R1 R2 R3 R4
City Council of Rancho Santa
Margarita X X X X

90 Day Response Required F1 F2 F3
City Council of San Clemente X X X

90 Day Response Required R1 R2 R3 R4
City Council of San Clemente X X X X

90 Day Response Required F1 F2 F3
City Council of San Juan Capistrano X X X

90 Day Response Required R1 R2 R3 R4
City Council of San Juan Capistrano X X X X

90 Day Response Required F1 F2 F3
City Council of Santa Ana X X X

90 Day Response Required R1 R2 R3 R4
City Council of Santa Ana X X X X

90 Day Response Required F1 F2 F3
City Council of Seal Beach X X X

90 Day Response Required R1 R2 R3 R4
City Council of Seal Beach X X X X

90 Day Response Required F1 F2 F3
City Council of Stanton X X X

City Council
7 –
20 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 19

90 Day Response Required R1 R2 R3 R4
City Council of Stanton X X X X

90 Day Response Required F1 F2 F3
City Council of Tustin X X X

90 Day Response Required R1 R2 R3 R4
City Council of Tustin X X X X

90 Day Response Required F1 F2 F3
City Council of Villa Park X X X

90 Day Response Required R1 R2 R3 R4
City Council of Villa Park X X X X

90 Day Response Required F1 F2 F3
City Council of Westminster X X X

90 Day Response Required R1 R2 R3 R4
City Council of Westminster X X X X

90 Day Response Required F1 F2 F3
City Council of Yorba Linda X X X

90 Day Response Required R1 R2 R3 R4
City Council of Yorba Linda X X X X

Responses Requested
90 Day Response Requested F1 F2 F3 F4
OC Waste & Recycling X X X

90 Day Response Requested R1 R2 R3 R4
OC Waste & Recycling X X X

City Council
7 –
21 9/20/2022

Where Have All the CRVs Gone?

2021-2022 Orange County Grand Jury Page 20

GLOSSARY
Assembly Bill 2020 Encourage recycling and reduce litter.

Assembly Bill 939 Integrated Waste Act – mandates reduction of waste being disposed.

Bottle Bill
CalRecycle
Senate Bill 38.

California Department of Resources, Recycling and Recovery.

CIP Convenience Incentive Payment.

Convenience Zone A convenience zone is required by law to have within the zone’s boundaries, a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone.

CRV California Refund Value.

Handling Fee Monthly payments made by the CalRecycle to recycling centers that meet certain eligibility requirements.

MRF

PRA
OAL
A facility utilized for the purpose of collecting, sorting, and processing materials to be recycled.

Public Records Act.

Office of Administrative Law.

OCWR
OCGJ
Processing Fee
OC Waste & Recycling, a department of the County of Orange.

Orange County Grand Jury.

Total cost charged per online transaction.

Redemption Center Accepts empty deposit beverage containers from redeemers.

Senate Bill 38 “Bottle Bill” – requires beverage industry to establish convenient recycling and redemption places so consumers may get their deposits back.

Single Stream

Transaction Fee
Waste haulers pick up Recycle bins from customer’s location.

Flat dollar amount charged based on the number of transactions.

Waste Hauler

Any person carrying or engaging in the collection of waste.

City Council
7 –
22 9/20/2022

September 22, 2022 Via E-mail and U.S. Mail
Honorable Erick Larsh, Presiding Judge
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
Subject: Response to Grand Jury Report Entitled “Where Have All the CRVs Gone” Dear Honorable Judge Larsh:

Please accept this letter as the City of Santa Ana’s response to the Grand Jury’s report entitled “Where Have All the CRVs Gone”. The City’s responses to the items requested by the Grand Jury specifically for the City of Santa Ana are: F1, F2, F3, F4, R1, R2, R3, R4.

FINDINGS:

Based on its investigation described here, the 2021-2022 Orange County Grand Jury has arrived at the following principal findings:

F1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.

City’s Response: Disagree wholly - According to CalRecycle’s records, Santa Ana has 22 buyback centers. These 22 buyback centers represent 20% of the 110 total buyback centers in Orange County while Santa Ana’s population comprises less than 10% of the County’s population. These buyback centers serve a population of 310,227, an average approximate density of one redemption center for every 14,100 people, which is 84% higher density than the California average of one redemption center for every 26,000 people. The City of Santa Ana’s redemption center density is also over two times higher than the Orange County average (one redemption center for 29,000 people). The high density of CRV redemption centers allows for residents of Santa Ana, and contiguous communities, to redeem CRV containers in a convenient manner. A map showing 22 redemption centers within the City limits is included as Attachment 1 to this letter.

F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.

City’s Response: Disagree wholly – Because of the high density of CRV redemption centers in the City of Santa Ana, and the propensity of residents of Santa Ana to redeem their CRV containers at these local centers, very low volumes of CRV end up in the curbside recycling program that is operated by the City’s franchise hauler. For example, according to Waste Management’s 2021 annual report, aluminum is 0.02% of the total residential waste stream (27.87 tons of aluminum out of 121,430.88 tons of total residential waste in 2021). According EXHIBIT 2

City Council
7 –
23 9/20/2022

to CalRecycle’s waste characterization study, 0.10% of Orange County’s residential waste stream comprises aluminum cans. The City of Santa Ana has 1/5th the amount of aluminum cans in its residential waste stream when compared to the OC average due to the high density of CRV redemption centers in the City and the ease of CRV redemption enjoyed by residents.

Visit www2.calrecycle.ca.gov/WasteCharacterization/ to view CalRecycle’s waste characterization study.

Additionally, based on CRV redemption data provided by CalRecycle, the City’s residents utilized buyback centers for 30.2 million lbs. of the total 42.9 million lbs. of CRV redeemed in the City. The hauler redeems only 30% of the total CRV in the City via curbside programs while recycling centers are used by residents to redeem 70% of CRV in the City. In an Orange County city with a lower density of redemption centers (approximately 1 buyback center for every 85,000 residents), 70% of CRV is hauler-redeemed and 30% is redeemed by residents via redemption centers.

City’s Response: Disagree wholly – As evidenced by the analysis included in the City’s responses to Findings 1 and 2, CRV redemption levels are sufficiently high in Santa Ana without the need for additional funding or programs.

City’s Response: Disagree wholly – the City recently completed a competitive Request for Proposals for trash and recycling services. The contract became effective July 1, 2022 and a new service provider, Republic Services, is now collecting materials in the City. The City included language in the contract that indicates the hauler receives all revenue from CRV materials that end up in the recycling bins, as well as the scrap value of both CRV and non- CRV materials. As a condition of receiving these revenue streams, the hauler assumes all risks and rewards associated with fluctuations in commodity values. Additionally, the hauler is prohibited from requesting rate adjustments from the City if commodity pricing results in financial losses. The City believes this system of the hauler assuming all risks and rewards associated with commodity and/or CRV revenue protects the ratepayer by keeping the rates stable and consistent. Further, it provides an incentive to the hauler to maximize the amount of clean recyclable materials it accepts through recycling programs and to take measures to reduce CRV scavenging.

RECOMMENDATIONS

R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3)

City Council
7 –
24 9/20/2022

City’s Response: The recommendation will not be implemented because it is not warranted as the residents of Santa Ana currently enjoy convenient access to redemption centers.

Further, the pilot programs highlighted in the Grand Jury report, while innovative and convenient for residents, are not financially sustainable. In a July 15th article titled ‘Pilot mobile recycling programs aren’t fix for California’s crumbling system’, the Orange County register found that the cost of redeeming a CRV container using the City of Irvine’s mobile CRV pilot program exceeded the CRV value of the container. Further, the pilot program in Irvine did not appear to be ‘scalable’ beyond a pilot phase due to subscription, financial non-sustainability, and participation. Due to the already high participation from Santa Ana residents in existing CRV redemption programs, it is unlikely that such a program would have better outcomes in Santa Ana. Grant funding or additional programming are not needed in Santa Ana to increase residential CRV redemption levels at this time.

City’s Response: This recommendation will not be implemented by the City of Santa Ana because it is not warranted as the City does not have jurisdiction over the unincorporated areas of Orange County. However, it is the City’s understanding that there are CRV redemption resources available in cities located near unincorporated areas of Orange County.

The City further understands that the small geographically isolated ‘islands’ of unincorporated County areas make mobile CRV programs or the placement of redemption centers infeasible.

For these areas, hauler-provided curbside recycling programs are the most practical way to recover CRV materials.

City’s Response: This recommendation has been implemented. The City recently completed a competitive Request for Proposals for trash and recycling services. The contract became effective July 1, 2022 and a new service provider, Republic Services, is now collecting materials in the City. The City included language in the contract that indicates the hauler receives all revenue from CRV materials that end up in the recycling bins, as well as the scrap value of both CRV and non-CRV materials. As a condition of receiving these revenue streams, the hauler assumes all risks and rewards associated with fluctuations in commodity values. Additionally, the hauler is prohibited from requesting rate adjustments from the City if commodity pricing results in financial losses.

City Council
7 –
25 9/20/2022

City’s Response: The recommendation will not be implemented as it is not warranted. As noted in previous responses, residents of the City of Santa Ana enjoy convenient access to CRV redemption centers and are currently redeeming CRV containers at higher-than- average rates. It is the City’s opinion that additional targeted marketing to increase residential CRV redemption is not needed in Santa Ana.

Thank you for the opportunity to respond to your request. If you have any questions, please feel free to call me at (714) 647-5200.

Sincerely,

Kristine Ridge
City Manager

City Council
7 –
26 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Orange County Grand Jury’s Investigative Report, Findings and Recommendations Regarding “Water in Orange County Needs One Voice”

AGENDA TITLE
Orange County Grand Jury’s Investigative Report, Findings and Recommendations Regarding “Water in Orange County Needs One Voice”

RECOMMENDED ACTION
Receive and file the Orange County Grand Jury’s report, findings and recommendations regarding wholesale water policy and operations in Orange County needing “One Voice” and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.

DISCUSSION
On June 22, 2022, the Orange County Grand Jury (OCGJ) issued a report with findings and recommendations regarding the establishment of a singular wholesale water supply agency in Orange County. The OCGJ report aims to, among other things, address the merits related to the formation of “One Voice” in the Orange County wholesale water structure.

Most of Orange County relies heavily on imported water for its ongoing supply, as well as some of its groundwater storage replenishment needs. Metropolitan Water District of Southern California (MET) supplies imported water to Southern California. While the cities of Santa Ana, Anaheim and Fullerton purchase imported water directly from MET, other water suppliers in Orange County purchase imported water from Municipal Water District of Orange County (MWDOC), who buys it from MET. Orange County Water District (OCWD) supplies groundwater to the retail water agencies and cities geographically situated in the Orange County Groundwater Basin, which includes the City of Santa Ana.

Exhibit 1 is the OCGJ’s complete report. As a result of the investigation, OCGJ issued six findings and two recommendations. The OCGJ is requesting that the City of Santa Ana respond to five findings and both of the recommendations. Exhibit 2 outlines the OCGJ findings, recommendations and the City’s responses. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court.

City Council
8 –
1 9/20/2022

Orange County Grand Jury Response Regarding Water
September 20, 2022

Page 2 ends

2 9
6 3

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. County of Orange Grand Jury Report, Water in Orange County Needs “One Voice”

2. City’s Response to County of Orange Grand Jury Report, Water in Orange County Needs “One Voice”
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
8 –
2 9/20/2022

Water in Orange County Needs “One Voice”

GRAND JURY 2021-2022

City Council
8 –
3 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 2

Table of Contents
SUMMARY ................................................................................................................................... 3 BACKGROUND ........................................................................................................................... 4 REASON FOR THE STUDY ...................................................................................................... 4 METHOD OF STUDY ................................................................................................................. 4 INVESTIGATION AND ANALYSIS ......................................................................................... 5 Status Quo ............................................................................................................................... 5 Differences in Supply Sources ............................................................................................. 10 History, Governance and Authorizing Legislation.............................................................. 11 Services Provided by Wholesalers & Retailers .................................................................... 12 Where Do We Go from Here? .............................................................................................. 13 FINDINGS ................................................................................................................................... 16 RECOMMENDATIONS ............................................................................................................ 16 COMMENDATIONS ................................................................................................................. 17 RESPONSES ............................................................................................................................... 17 Responses Required .............................................................................................................. 18 Responses Requested ............................................................................................................ 19 GLOSSARY................................................................................................................................. 22

City Council
8 –
4 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 3

SUMMARY
The future of a reliable water supply for California, as well as Orange County (OC), is at risk.

The intense dry spell in the West, the worst in 1,200 years, is being labeled a “Mega Drought.”0F 1 Multiple years of drought and inconsistent availability of imported surface water from Northern California and the Colorado River should inspire OC leaders responsible for a reliable water supply to consider new ways to offset the likely depletion of aquifers and reservoirs.

Ronald Reagan once said: “No government ever voluntarily reduced itself in size.” However, it is important that Orange County water providers consolidate their resources and establish a unified voice to lead the County more efficiently in its water policies and planning. Multiple water experts agree it is time to coordinate strategies in water conservation, development of new supply and infrastructure, and preparation for the possibility of continued drought, disaster, and State-mandated water cutbacks.

Providing water to Orange County residents is a complicated process and requires the work of water wholesalers and retailers. Retail water agencies (districts and cities) are the direct link to residential and commercial customers. It is they who set the retail price for the water that is delivered. Providers of drinkable water to these retail entities are the wholesalers (suppliers) of imported and local groundwater from the aquifer.

The current structure of wholesale water supply and operations in Orange County, although fragmented between Orange County Water District (OCWD), Metropolitan Water District of Southern California (MET), and Municipal Water District of Orange County (MWDOC), has been successful in providing reliable, high-quality drinking water. While differences in geology and geography dictate different water supplies, no single governmental body is solely responsible for wholesale water policy and operations in Orange County, even though providing future reliable water supply is becoming more challenging.

While the processes of supplying wholesale groundwater and imported water are arguably dramatically different, complex, and should remain separated in OC, the Orange County Grand Jury (OCGJ) has determined that all sources of water are interconnected and would be best administered by one governmental entity. All the water flowing to OC taps looks the same, whether imported or groundwater, so why do we need two wholesale agencies? This single leadership structure, whether through consolidation of existing dual entities (OCWD and MWDOC) or creation of a new water authority, is achievable through a combination of governance and local and State legislative changes that authorizes the single organization to lead all aspects of Orange County wholesale water. Although any consolidation or formation of a new water agency would pose political, administrative, and operational challenges, the OCGJ concluded that, at long last, it is time for Orange County to operate with “one water voice.”

1 February 14, 2022, Peer reviewed study published in the journal Nature Climate Change https://doi.org/10.1038/s41558-022-01290-z

City Council
8 –
5 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 4

BACKGROUND
Multiple prior Grand Jury Reports have addressed water issues, including water challenges and opportunities jointly being faced by all of Orange County. One report pointed out disparities between the North/Central and South County’s water sources, the fragmented governance, and the significant differences in topography.1F
2 Another report informed the public about
sustainability of the local water supply and future needs, along with evaluating the efforts of the two major wholesale water agencies in the County.2F
3 Orange County relies heavily on imported water for its ongoing supply, as well as some of its groundwater storage replenishment needs. Metropolitan Water District of Southern California (MET) supplies imported water to Southern California. Municipal Water District of Orange County (MWDOC) buys imported water from MET and sells it to Orange County’s retail water agencies (cities and special districts). Orange County Water District (OCWD) supplies ground water to the retail water agencies and cities geographically served by the aquifer and wells.

REASON FOR THE STUDY
The consolidation of OCWD and MWDOC has been explored in the past, debated by wholesale and retail water agencies, but ultimately never accomplished. The formation of a new Joint Powers Authority is one option. But no matter how a consolidation would be accomplished, the OCGJ concluded that now is the time to have a single wholesale water supply agency in Orange County. Based on statements made during numerous OCGJ interviews, multiple water professionals support moving from two to one wholesale entity for Orange County.

The OCGJ is concerned that opportunities to operate, innovate, lobby, capitalize and coordinate communication are not being optimized with Orange County’s current wholesale water structure, which is split between two key, but very different, agencies. This report will, among other things, address the merits related to the formation of “One Voice” in the Orange County wholesale water structure. It will highlight ways in which Orange County can better address water supply, operations, and infrastructure. The report will not recommend specifically how a single structure comes to fruition legislatively.

METHOD OF STUDY
The Grand Jury evaluated the efforts of the existing primary water entities in Orange County— MWDOC and OCWD—to determine what is working well, and the challenges and opportunities currently existing. In its investigation, the OCGJ used the following sources.

2 2009-2009 Grand Jury report titled Paper Water
3 2012-2013 Grand Jury report titled Orange County Water Sustainability: Who Cares?

City Council
8 –
6 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 5

• In-person and virtual interviews. Specifically, interviews of current and former Water District Managers, City and Regional Water Managers and other involved State entities and individuals.
• Water District website meeting minutes and document review. • Independent research (articles, websites, reports, minutes, documents, etc.). • Research of applicable State and local water-related statutes and ordinances. • Site tours of water and sanitation districts’ operations. • Past Grand Jury reports.
• 2021 Orange County Water Summit.

The interviews included personnel from water agencies that represented a cross section of regional and local wholesalers and retailers to obtain a diversity of perspectives based on geography, demographics, and practices. The investigation took into consideration the variety of characteristics that exist in the County, including:
• North compared to South County sources of water supply (reliance on imported water). • Variety of projects to provide water supplies during normal and emergency times. • Diversity of projects and plans to increase reliable sources of water supply including. categories related to conservation, recycling for irrigation and potable use, storage, desalination options, etc.
• Multi-agency collaboration.

INVESTIGATION AND ANALYSIS
Overall, California water sources come from imported supplies (State Water Project in Northern California and the Colorado River), groundwater, stormwater, water transfers, desalination, and water recycling. Orange County, like the rest of California, relies on a variety of sources, with the exception of desalination which is currently in the planning stage.

Status Quo
To best understand the background of wholesale water in California, and specifically Orange County, one must examine the three major governmental agencies involved: Metropolitan Water District of Southern California (MET), Municipal Water District of Orange County (MWDOC), and Orange County Water District (OCWD). These agencies have similar names but very different responsibilities. The role of retail water districts will also be explained.

Metropolitan Water District of Southern California
MET provides water from the Colorado River and the State Water Project from Northern California to Southern California. It wholesales this imported water to its Orange County member agencies, MWDOC and the independent cities of Anaheim, Fullerton, and Santa Ana.

City Council
8 –
7 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 6

MET provides most of the water imported into Orange County. MET currently delivers an average of 1.7 billion gallons of water per day to a 5,200 square mile service area. MET is a group of 26 cities and water districts providing drinking water to over 19 million people in Los Angeles, Orange, San Diego, Riverside, San Bernardino, and Ventura counties.

Municipal Water District of Orange County
MWDOC acts as a pass-through agency for MET’s imported water. This imported water is sold to MWDOC’s 27 member agencies which, except for Fullerton, Anaheim and Santa Ana, covers the entire County. MWDOC also sell untreated water to OCWD for ground water discharge.

MWDOC does not own or operate any water infrastructure.

City Council
8 –
8 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 7

Orange County Water District
OCWD manages the groundwater basin in the north and central part of the County. OCWD does not directly provide water to any residents or businesses, except treated wastewater for irrigation in the Green Acres Project. The Green Acres Project is a water reuse effort that provides recycled water for landscape irrigation at parks, schools and golf courses and some industrial

City Council
8 –
9 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 8

uses.3F
4 OCWD’s primary role is to manage the basin and provide local water retailers with a reliable, adequate, and high-quality supply of water.4F 5 In addition, OCWD operates the
Groundwater Replenishment System (GWRS) in partnership with the Orange County Sanitation District (OCSAN). This state-of-the-art water purification project can produce over 100 million gallons of high-quality potable water per day for aquifer recharge. OCWD provides groundwater to 19 municipal and special water districts and supplies approximately 77 percent of the water supply for North and Central Orange County. OCWD is the only wholesale groundwater agency for Orange County and is a customer of MWDOC for imported needs to supplement the aquifer recharge serving North/Central County. OCWD currently has $1.5 billion in capital infrastructure assets.

4 www.ocwd.com/about/
5 Ibid.

City Council
8 –
10 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 9

Additional Supply for OCWD
The Santa Ana River is the largest coastal stream in Southern California. Flowing west from the San Bernardino Mountains, the river winds through San Bernardino and Riverside Counties before reaching Orange County at Prado Dam, then traveling through the OCWD aquifer to supplement recharge, before terminating at the Pacific Ocean. The river is joined by Santiago Creek and flows to the ocean between Huntington Beach and Newport Beach.5F 6 Retail Water Districts
Retail water organizations are the direct connection of supplying water to residential and commercial consumers. There are 29 retail water providers throughout Orange County. These water providers include cities, special water districts/agencies and one private water company.

6 www.ocwd.com/what-we-do/

City Council
8 –
11 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 10

Differences in Supply Sources
South Orange County’s approximate 600,000 residents rely primarily on imported water (70-100 percent of needed supply depending on location) from hundreds of miles away. The imported water is purchased through the Municipal Water District of Orange County (MWDOC).6F 7 North and Central County’s roughly 2.8 million residents rely primarily (19-99 percent depending on location) on groundwater supplied OCWD, which refills the Orange County Groundwater Basin with many different water supplies: water from the Santa Ana River; local rainfall; treated and purified wastewater through the Groundwater Replenishment System (GWRS); and imported water from the Colorado River and Northern California. 7F 8 7 www.ocwd.com/about & www.mwdoc.com/wp-content/uploads/2017/05/Water-Supply.pdf 8 www.mwdoc.com/wp-content/uploads/2017/05/Water-Supply.pdf

City Council
8 –
12 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 11

History, Governance and Authorizing Legislation
MET
In 1928, the Metropolitan Water District Act was established by the California Legislature. The original purpose was to construct and operate the 242-mile Colorado River Aqueduct, which runs from an intake at Lake Havasu on the California-Arizona border to an endpoint at Lake Mathews reservoir in Riverside County. MET has a 38-member board of directors representing the district’s 26 agencies. Orange County is represented on the MET Board by seven Board members. MET has imported water from the Colorado River since 1941 and from Northern California since the early 1970s.8F
9 MWDOC
MWDOC is a wholesale water supplier and resource planning agency that was established in 1951. Governed by a seven-member Board of Directors,9F
10 MWDOC is MET’s third largest
member agency and appoints four representatives to advocate the interests of Orange County on the Metropolitan Water District Board.10F
11 OCWD
The Orange County Water District was formed in 1933 by a special act of the California Legislature to protect Orange County’s rights to water in the Santa Ana River. OCWD is governed by a 10-member Board of Directors, seven of whom are elected, and three are appointed by the city councils of Anaheim, Fullerton, and Santa Ana.11F 12 Retail Water Districts
Each retail water district was established throughout Orange County’s history and provides water directly to consumers. They are each governed by an elected board of directors, respective city councils, or private investors.

Local Agency Formation Commission (LAFCO)
As part of California’s water governance, LAFCO oversees geographic boundaries, evaluates cost-effective and efficient public service delivery, and explores potential alternatives to meet the service demands of the existing and future County population. Orange County LAFCO was founded in 1963 and strives to ensure the delivery of effective and efficient public services, including water, by local governments to the County’s residents.12F 13 Orange County water

9 www.mwdoc.com/about-mwdoc; www.mwdh2o.com/who-we-are/our-story/ 10 www.mwdoc/about-us/about-mwdoc
11 www.mwdoc.com com/wp-content/uploads/2017/06/So-Cal-Water-Wholesale-Retailers.pdf 12 www.ocwd.com/about/
13 www.oclafco.org/about-us/agency/

City Council
8 –
13 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 12

professionals believe the process of creating one wholesale water agency would first go through LAFCO formation before moving on to State legislation and approval.

Services Provided by Wholesalers & Retailers
The following water services are currently in operation for Orange County.

MET
• Delivering wholesale water supplies from the Colorado River and State Water Project. • Managing water resources including water storage programs (groundwater banking and reservoir), transfers and exchanges, groundwater recovery, recycling, stormwater capture, and potential seawater desalination.
• Operating water system including treatment, quality monitoring, conveyance, distribution, and support.
• Engineering, safety, and regulatory services such as infrastructure protection, maintenance, and improvement programs.
• Managing energy operations.
• Planning for emergency water supply interruption due to earthquake, fire, power failure, public health, and other unexpected crises.
• Planning for capital investment.

MWDOC
• Purchases wholesale water from MET, approximately 70.2 billion gallons of water annually, and delivers to its 27 member agencies.
• Provides studies, analysis and programs related to water supply development, including desalination, and system reliability and use efficiency. • Offers planning assistance and local resource development in areas of water recycling, groundwater recharge, and conservation.
• Offers residential and commercial rebate programs.
• Offers leak detection services to its members.
• Develops and administrates disaster preparedness, response, and recovery strategies through the Water Emergency Response Organization of Orange County (WEROC). This organization involves both water and wastewater agencies. • Provides public education and community outreach.

OCWD
• Manages Orange County’s wholesale groundwater supplies: the basin consisting of a large underground aquifer to ensure a reliable supply, the Santa Ana River watershed, and the Groundwater Replenishment System (GWRS).

City Council
8 –
14 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 13

• Replaces groundwater that is pumped out of the basin every year with Santa Ana River watershed, recycled, imported, storm and natural incidental water recharge. • Ensures groundwater supply safety and quality through monitoring and testing. • Recycles water primarily through the GWRS which takes treated wastewater that otherwise would be sent to the Pacific Ocean and purifies it for aquifer recharge. • Participates in legislative and community engagement and education. • Develops additional innovative programs such as Forecast Informed Reservoir Operations (FIRO) at Prado Dam, capturing and recharging stormwater in the Santa Ana River, and anticipating and optimizing stormwater runoff. • Coordinates contaminant treatment, financial resource needs, and policy such as for Per- and polyfluoroalkyl substances (PFAS) which enter the aquifer and wells primarily through the Santa Ana River flows. Additionally, organizes litigation and accountability for the contaminant sources.

Retail Water Districts
In addition to being the direct link to consumers, retail agencies provide several additional services beyond those provided by wholesalers. Those services include maintaining water quality and testing throughout their distribution systems, repair and replacement of critical infrastructure, regulatory compliance, customer service, water use conservation, recycled water for irrigation or other non-potable uses, and public outreach and health-related services.

Where Do We Go from Here?
Assessment of Current State
Reliable sources shared opinions with the OCGJ that the current OC wholesale structure is “dysfunctional”, “prevents speaking with one voice for all of Orange County water interests” involving the aquifer and imported water sources, and “currently provides redundant services with redundant costs.” Also, multiple member agencies of MWDOC have expressed dissatisfaction with MWDOC’s operating effectiveness related to MET board and legislative representation, member charges for provided services, and the scope of emergency preparedness.13F
14 In addition, this dual structure of MWDOC and OCWD has resulted in missed opportunities for the County in the form of more extensive multiple agency collaboration, increased operating efficiency, decreased reliance on imported water, and the creation of a more reliable water

14 Information based on multiple interviews, past agreements between MWDOC and MWDOC member agencies, and LAFCO Municipal Service Reviews.

City Council
8 –
15 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 14

supply.14F
15 Currently, many projects are undertaken by individual or small groups of retail agencies that could be more expansive if guided by a single wholesale water supplier providing diverse water sources.

Another missed opportunity is a lack of coordinated County analysis about the benefits and drawbacks related to potential desalination projects. Even though desalination projects potentially impact the water supply for all of Orange County, OCWD and MWDOC independently consider these desalination projects and their impact.

Furthermore, many water experts believe that this fragmentation results in less than optimum legislative lobbying effectiveness. This affects programs such as water conservation, related water consumption standards such as State storage projects to capture more water supply during wet years, contamination treatment standards, and the Delta Conveyance System, which is a proposed more efficient and effective system to move water from Northern California to the central and southern part of the State.

Benefits of a Single County Agency - “One Voice”
The Orange County Grand Jury found that creation of a single County wholesale water agency to serve as a conduit for both imported and groundwater would be most effective in coordinating water supply diversification, major infrastructure investments, and developing forward-thinking policies and practices. This single agency would also help facilitate fiscal and environmental responsibility.

Orange County water agencies have earned a tremendous reputation for innovative projects and strategies related to increasing a reliable water supply, even in drought conditions. How do we leverage what already is exemplary and collaborative in Orange Counter water operations? • Groundwater Replenishment System (GWRS)
• Santa Ana River Conservation and Conjunctive Use program (SARCCUP)15F 16 • Inter-county perspective with neighboring jurisdictions of the Inland Empire, San Diego, and Los Angeles Counties.
• Purple water recycling for irrigation coming from treated waste and stormwater capture. • Burris Basin conversion to Anaheim Coves Trail (OCWD / City partnership).16F 17 Water experts believe “One Voice” would result in increased influence on the MET Board. The OCJG concluded that having all types (groundwater and imported water) of wholesale water

15 Information based on multiple water professional interviews. 16 www.ieua.org/read-our-reports/santa-ana-river-conservation-and-conjunctive-use-program/ 17 http://www.santa-ana-river-trail.com/trail/burris_basin.asp

City Council
8 –
16 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 15

providers occupy “seats at the table” would be beneficial to Orange County as a whole and for MET. Additional benefits of a one wholesale water entity include:
• Increased coordination of financial support and capital resources from local, State, and federal sources. An example is in the funding for well contamination remediation utilizing an ionization process.
• More influence at the local, State, and federal levels. Examples include the Delta Conveyance17 F
18 system, additional storage capacity, and preservation of imported supplies from the State Water Project.
• Increased collaboration leading to additional infrastructure shared by wholesale and retail, both for emergency and longer-term everyday use, to move water around as needed.
• Centralized planning for emergency water supply interruptions rather than independent efforts of wholesale and retail water organizations.
• Increased coordination between North and South County for matters such as water banking in Central County for use in South County.
• Cost savings by eliminating duplication of administrative, professional, consultant, lobbying and other expenses currently existing at OCWD and MWDOC. • Singular County leadership in forming conservation strategies, public outreach, and education.

Concerns related to creating “One Voice”
The Orange County Grand Jury recognizes that with any governance or business model change obstacles will exist to forming a consolidated or new wholesale water agency. Overall, proponents of this change are concerned that there is a lack of political will and that “protecting my own turf” philosophies will get in the way of doing the right thing for reliable water supply in the future. Some additional hesitation exists from some Orange County water board and management professionals that believe:
• Imported versus groundwater requires specialized knowledge and a unique operational approach and should not be combined.
• Staff reductions will occur.
• Merging of retirement pension and benefit liabilities will be complicated and expensive. • Development of a new Board of Directors structure may cause a loss of representation of the unique water needs of different parts of the County.

18 www.mwdoc.com/wp-content/uploads/2020/06/Delta-Conveyance-Project-and-EcoRestore.pdf

City Council
8 –
17 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 16

• Consolidation of the existing two wholesale water districts, OCWD and MWDOC, or the forming of a new agency would be complicated. The process would likely begin through Orange County LAFCO before moving to State legislative level, both of which would be divisive and risk political influence and interference when revising local and State water acts.

Despite these complications and challenges, the OCGJ concluded that the County will be better served by creating a “one voice” agency to lead and represent all aspects of wholesale water operations in Orange County.

FINDINGS
F1 A singular water authority for Orange County’s wholesale water supply likely would result in further opportunities at the local, State, and federal levels in legislation, policy making and receiving subsidies and grants.

F2 The current fragmented water system structure and operations provides challenges as it relates to development of new interconnected infrastructure as well as maintenance of existing systems.

F3 There is a great disparity between the North/Central and South Orange County water sources, management, and operations carried out by OCWD and MWDOC.

F4 South Orange County has many smaller retail water districts that lack a formal centralized leadership. Notwithstanding this lack of structure, South Orange County retail water districts have displayed effective collaboration when dealing with one another.

F5 Orange County Water District is a recognized worldwide leader in groundwater resource management and reclamation. Its leadership, innovation, and expertise can be further utilized to serve all of Orange County in developing additional innovative and beneficial programs.

F6 Orange County currently does not have a countywide coordinated policy regarding water conservation, which results in difficulty when complying with any new State-mandated conservation regulations.

RECOMMENDATIONS
R1 By January 2023, Orange County wholesale water agencies should formally begin analysis and collaboration towards forming a single wholesale water authority or comparable agency to operate and represent wholesale water operations and interests of all imported and ground water supplies. (F1, F2, F3, F4, F6)

City Council
8 –
18 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 17

R2 Any future “One Voice” consolidated Orange County wholesale water authority should have Directors that examine and vote on issues considering the unique needs of all water districts. (F1, F2, F3, F4, F6)

COMMENDATIONS
• Orange County Water District (OCWD) commitment to sound planning and state-of-the- art technology to provide water to the people of Orange County. Highly recognized, OCWD, along with Orange County Sanitation District, has the world’s largest Groundwater Replenishment System (GWRS).
• Municipal Water District of Orange County (MWDOC) for many provided services related to emergency planning, public education, water reliability and delivery reports, leak detection service, rebate and conservation programs and many other “choice” services.
• All the current wholesale and retail water districts in Orange County for their efforts to collaborate and strategize to better serve Orange County Citizens despite the lack of a centralized administration.

RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:

California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.

City Council
8 –
19 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 18

(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from:
90 Day Response Required F1 F2 F3 F4 F5 F6
OCWD Board of Directors X X X X X

90 Day Response Required R1 R2
OCWD Board of Directors X X

City Council
8 –
20 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 19

90 Day Response Required F1 F2 F3 F4 F5 F6
MWDOC Board of Directors X X X X X X

90 Day Response Required R1 R2
MWDOC Board of Directors X X

Responses Requested
90 Day Response Requested F1 F2 F3 F4 F5 F6
East Orange County Water
District X X X X X

90 Day Response Requested R1 R2
East Orange County Water
District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
El Toro Water District X X X X X

90 Day Response Requested R1 R2
El Toro Water District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Emerald Bay Service District X X X X X

90 Day Response Requested R1 R2
Emerald Bay Service District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Golden State Water Co X X X X X

90 Day Response Requested R1 R2
Golden State Water Co X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Irvine Ranch Water District X X X X X X

90 Day Response Requested R1 R2
Irvine Ranch Water District X X

City Council
8 –
21 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 20

90 Day Response Requested F1 F2 F3 F4 F5 F6
Laguna Beach County Water
District X X X X X X

90 Day Response Requested R1 R2
Laguna Beach County Water
District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Mesa Water District X X X X X

90 Day Response Requested R1 R2
Mesa Water District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Moulton Niguel Water
District X X X X X X

90 Day Response Requested R1 R2
Moulton Niguel Water
District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Santa Margarita Water
District X X X X X X

90 Day Response Requested R1 R2
Santa Margarita Water
District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Serrano Water District X X X X X X

90 Day Response Requested R1 R2
Serrano Water District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
South Coast Water District X X X X X

90 Day Response Requested R1 R2
South Coast Water District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Trabuco Canyon Water
District X X X X X X

City Council
8 –
22 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 21

90 Day Response Requested R1 R2
Trabuco Canyon Water
District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Yorba Linda Water District X X X X X

90 Day Response Requested R1 R2
Yorba Linda Water District X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Anaheim X X X X X

90 Day Response Requested R1 R2
City of Anaheim X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Fullerton X X X X X

90 Day Response Requested R1 R2
City of Fullerton X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Santa Ana X X X X X

90 Day Response Requested R1 R2
City of Santa Ana X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
City of Brea X X X X X

90 Day Response Requested R1 R2
City of Brea X X

90 Day Response Requested F1 F2 F3 F4 F5 F6
Metropolitan Water District X X X

90 Day Response Requested R1 R2
Metropolitan Water District X X

City Council
8 –
23 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 22

GLOSSARY
AQUEDUCT A structure for transporting water from one place to another by means of a pipeline, canal, conduit, tunnel, or a combination of these things.

AQUIFER A geologic formation of sand, rock and gravel through which water can pass and which can store, transmit and yield significant quantities of water to wells and springs.

Refers to State Water Project (SWP) infrastructure in the vast network of waterways comprising the Sacramento-San Joaquin Delta (Delta) that collects and moves fresh, clean, and affordable water to homes, farms, and businesses throughout major regions of the State from the Bay Area to Southern California.

FIRO Forecast Informed Reservoir Operations is a flexible water management approach that uses data from watershed monitoring and improved weather forecasting to help water managers selectively retain or release water from reservoirs for increased resilience to droughts and floods.

GWRS Groundwater Replenishment System. A process where water is replaced in the aquifer.

GREEN ACRES PROJECT OCWD's Green Acres Project (GAP) is a water reuse effort that provides recycled water for landscape irrigation at parks, schools, and golf courses; industrial uses, such as carpet dying; toilet flushing; and power generation cooling.

GROUNDWATER
BANKING A process of diverting surface water into an aquifer where it can be stored until needed
JPA Joint Power Authority. two or more public agencies to join together, under a joint powers authority (JPA), to provide more effective or efficient government services or to solve a service delivery problem.

City Council
8 –
24 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 23

LAFCO Local Agency Formation Commission. Governed by State law, the Commission oversees proposed changes to local agency and county unincorporated boundaries and prepares special studies to encourage the orderly and efficient delivery of public services to Orange County residential and business communities.

MET Metropolitan Water District, provides water from the Colorado River and the State Water Project from northern California to Southern California.

MWDOC Municipal Water District of Orange County represents all of Orange County, excluding the three independent city members of MET, and acts as a pass-through agency for MET water sold to its constituent members and sells additional untreated water to OCWD for groundwater recharge.

OCSAN Orange County Sanitation District treats and recycles sewer and grey water.

OCWD Orange County Water District manages the groundwater basin of the north and central part of the County.

ONE VOICE Orange County needs to have a central entity to speak for water and legislative matters.

PAPER WATER Transfer water via paper, not physically.

PFAS Per and polyfluoroalkyl substances chemical by product of past aerospace manufacturing in Orange County.

PURPLE WATER Recycled water that has been treated for reuse in landscaping, agriculture, and commerce.

SAR Santa Ana River.

SARCCUP Santa Ana River Conservation and Conjunctive Use program.

Guides the use and conservation of the Santa Ana River basin.

SPECIAL DISTRICTS Special districts are public agencies created to provide one or more specific services to a community, such as water service, sewer service, and parks.

City Council
8 –
25 9/20/2022

Water in Orange County Needs “One Voice”

2021-2022 Orange County Grand Jury Page 24

WATER TRANSFERS A water transfer is a voluntary sale of water proposed and initiated by willing sellers who have legal rights to a supply of water to an interested buyer.

WEROC Water Emergency Response Organization of Orange County, administered through MWDOC, develops disaster preparedness, response, and recovery strategies.

City Council
8 –
26 9/20/2022

SANTA ANA CITY COUNCIL

Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Nelida Mendoza
Ward 2
[email protected]

Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]

David Penaloza
Ward 6
[email protected]

MAYOR
Vicente Sarmiento

MAYOR PRO TEM
Phil Bacerra

COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan

CITY OF SANTA ANA
CITY MANAGER’S OFFICE
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

C I T Y M A N A G E R
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL

September 20, 2022 Via E-mail and U.S. Mail

The Honorable Judge Erick L. Larsh
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701

Dear Judge Larsh,

The City of Santa Ana hereby submits its requested response to the findings and recommendations in the Orange County Grand Jury report, “Water in Orange County Needs ‘One Voice.’”

The City of Santa Ana (City) thanks the Orange County Grand Jury for the significant time and effort that was invested to thoroughly understand water supply management in the County, including engagement with the numerous water agencies about the complex water issues we face. We appreciate the Grand Jury’s recommendations of possible solutions for increasing efficiency and we look forward to being part of the solution.

The City of Santa Ana is the sole water purveyor for all of its 320,000-plus residents and the businesses it serves. The City is unique in that it is one of the three Orange County founding member agencies of Metropolitan Water District (MWD), a member of Orange County Water District (OCWD), and contracts with Municipal Water District of Orange County (MWDOC) for various conservation programs and regional services. Given our level of involvement with all three of these agencies, we are committed to doing what it takes to protect the reliability of our water supply and delivery system for the future.

FINDINGS

F1 - A singular water authority for Orange County’s wholesale water supply would likely result in further opportunities at the local, state and federal levels in legislation, policy making, and receiving subsidies and grants.

RESPONSE: Differ partially with this finding
It is true that a single water authority representing the entire County of Orange would likely have greater influence in local, state, and federal legislative and policy making, which could result in more

City Council
8 –
27 9/20/2022

September 20, 2022 Honorable Erick Larsh, Presiding Judge P age 2

SANTA ANA CITY COUNCIL

Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Nelida Mendoza
Ward 2
[email protected]

Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]

David Penaloza
Ward 6
[email protected]

line-item budget “earmarks” and favorable policies for our water agencies. However, it is difficult to ascertain the level of increased effectiveness a single authority would have versus the current makeup and how that would ultimately serve the needs of the individual water agencies. As it relates to subsidies and grants, due to their competitive award processes, it is unclear if a consolidation of wholesalers would have any discernable effect on results.

F2 – The current fragmented water system structure and operations provide challenges as they relate to development of new interconnected infrastructure, as well as maintenance of existing systems.

RESPONSE: Concur with this Finding

While there are challenges to interconnection, it is not impossible. For the City of Santa Ana, the current system continues to work, even if it is not perfect.

F3 – There is a great disparity between the North/Central and South Orange County water sources, management, and operations carried out by OCWD and MWDOC.

RESPONSE: Concur with this Finding

There are significant differences in the way water is managed in North/Central and South Orange County, which is largely due to the natural water resources available in each of these areas. As a result, the regions have invested in and developed their unique water resources, management, and operations in diverse, yet effective ways.

F5 – Orange County Water District is a recognized worldwide leader in groundwater resource management and reclamation. Its leadership, innovation, and expertise can be further utilized to serve all of Orange County in developing additional innovative and beneficial programs.

RESPONSE: Concur with this Finding

OCWD has a proven track record of managing and protecting the Orange County groundwater basin, which has been instrumental in reducing our dependence on more expensive and less reliable imported water. Additionally, OCWD is at the forefront of PFAS treatment technology and has fully funded cleanup facilities. OCWD pays for critical infrastructure and has brokered water storage and stewardship programs.

F6 – Orange County currently does not have a countywide-coordinated policy regarding water conservation, which results in difficulty when complying with any new state-mandated conservation regulations.

RESPONSE: Concur with this Finding

It is the purview of each water agency to develop water conservation policies that meet the needs of their communities and comply with state-mandated regulations. Santa Ana has learned from past

City Council
8 –
28 9/20/2022

September 20, 2022 Honorable Erick Larsh, Presiding Judge P age 3

SANTA ANA CITY COUNCIL

Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Nelida Mendoza
Ward 2
[email protected]

Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]

David Penaloza
Ward 6
[email protected]

drought emergencies that a cooperative, coordinated, and uniform regional approach to conservation reduces confusion amongst the public and results in the best outcome.

RECOMMENDATIONS

R1 – By January 2023, Orange County wholesale water agencies should formally begin analysis and collaboration towards forming a single wholesale water authority or comparable agency to operate and represent wholesale water operations and interests of all imported and ground water supplies. (F1, F2, F3, F4, F6)

RESPONSE: The recommendation has been implemented
Orange County Water District and Municipal Water District of Orange County have formed an ad- hoc committee comprised of three board members from each agency to collaborate on options to be more effective and comprehensive in their individual agency efforts. The City has no direct involvement in these efforts, but we encourage productive and positive dialogue and outcomes.

R2 – Any future “One Voice” consolidated Orange County wholesale water authority should have Directors that examine and vote on issues considering the unique needs of all water districts. (F1, F2, F3, F4, F6)

RESPONSE: The recommendation requires further analysis
The City agrees in principle that if a consolidated Orange County wholesale water authority were to exist, the voting body would have to be made up of members who vote on issues for the benefit of all water agencies in the County and take their unique needs into consideration. It would be necessary to recognize the investments that those communities have made to manage their water supplies, and act to protect those investments. Creating this proposed authority would require a transparent, collaborative process to ensure the community’s resources are adequately protected and its needs are fairly represented.

The City of Santa Ana thanks you for the opportunity to weigh in on this important matter. We believe it is a practice of good governance to periodically review, reflect on, and evaluate how we conduct business and best serve our community. As such, we welcome additional studies that evaluate the details of a proposed consolidation. We would like to see information and analysis on how such a shift would affect representation on both the MWD and OCWD Boards. As it is now, Santa Ana has one seat at the MWD Board and one seat on the OCWD Board. Additional clarity is needed on the local and regional impacts, including policy making capabilities, of a single county wholesaler. A One Water philosophy is always ideal, particularly with more frequent and severe droughts, conservation mandates, and environmental limitations, but we wonder, how will these challenges be addressed?

City Council
8 –
29 9/20/2022

September 20, 2022 Honorable Erick Larsh, Presiding Judge P age 4

SANTA ANA CITY COUNCIL

Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Nelida Mendoza
Ward 2
[email protected]

Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]

David Penaloza
Ward 6
[email protected]

The City of Santa Ana looks forward to continued collaboration on this issue and discovering answers that will be satisfactory to all.

Sincerely,

Kristine Ridge
City Manager

Attachments: Staff report dated September 20, 2022 and related exhibits

City Council
8 –
30 9/20/2022

Finance and Management Services
www.santa-ana.org/finance
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Carryover of Unspent Amounts from Fiscal Year 2021-22 to Fiscal Year 2022-23 AGENDA TITLE:

Approve Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2021-22 to Fiscal Year 2022-23

RECOMMENDED ACTION

1. Approve an Appropriation Adjustment to reduce the FY 2021-22 budget for unspent amounts to be carried over to FY 2022-23. (Requires five affirmative votes)

2. Approve an Appropriation Adjustment to increase the FY 2022-23 budget for amounts carried forward from FY 2021-22. (Requires five affirmative votes)

DISCUSSION
Carryover Unspent Budgets from FY 2021-22
It is common for a City to budget for non-recurring (one-time) expenditures, such as construction projects, which are not completed by the close of the fiscal year on June 30.

When this happens, the City Council may approve the “carryover” of the unspent budget from one fiscal year to the next to provide resources for project completion. Staff typically does not request carryover for recurring operating budget amounts unless projects have not begun, with initial maintenance/operating costs, as each annual budget already includes provisions for operational expenses.

The City Council adopts a budget one year at a time and the City’s Charter requires City Council approval for appropriation adjustments. Increasing the current year’s budget for unspent amounts carried over from the prior year constitutes an appropriation adjustment.

Staff has compiled a list of carryover requests (Exhibit 1) such as multi-year capital/grant projects, delayed purchases impacted by global supply chain disruptions, improvements to City-owned fire stations, and one-time projects approved during the First Quarter and Mid-Year that are either in progress or will begin in FY 2022-23. In addition, the Police Department has General Fund savings to provide for one-time items that have been requested for several budget cycles and are desperately needed, such as the replacement of the PAAL Center A/C unit, fire system upgrade, and replacement of security gates for the Police Administration and Jail facility. The General Fund comprises

City Council
9 –
1 9/20/2022

Approve appropriation adjustment to carryover unspent amounts from Fiscal year 2021-22 to fiscal year 2022-23.

September 20, 2022

Page 2 ends

2 9
4 6
$22.9 million of the total $418.9 million in carryover requests, and the remainder is restricted funds. The list includes the accounting unit, project description, status, and amount. All requests were reviewed with City departments and analyzed to ensure the unspent budget is available at the accounting unit and fund levels and the allocation is non-recurring.

Each amount on the list includes the amount available one month after the end of FY 2021-22. Staff continues to pay FY 2021-22 invoices through the end of August and complete the reconciliation of accounts in October. The FY 2021-22 ledger will not be final and closed until the financial statements have been audited in November. Therefore, the requested carryovers are “maximum” amounts. The actual amounts processed for carryover will be limited to the available budget once the FY 2021-22 ledger is closed and is summarized by the fund (Exhibit 2). Staff will update FY 2022-23 revenue estimates for reimbursement grants tied to carryover amounts (i.e., CDBG) to reflect reimbursement timing.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
No fiscal impact is associated with the recommended actions to carry over unspent appropriations. The previously authorized expenditures will be spent in a later period, which only impacts the timing of cash flow.

EXHIBIT

1. List of requests to carryover unspent appropriations

2. List of requests to carryover unspent appropriations by fund Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager

City Council
9 –
2 9/20/2022

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
General Fund (Fund 11)
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount
01103010 City Manager N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 200,000 01103010
City Manager N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 90,000 01104012
Clerk of the Council N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 100,000 01108032
City Attorney N/A GENERAL FUND Furniture Purchase Project started but not completed 25,000 01110017
Finance N/A GENERAL FUND Utility Users Tax/InfoSend/Property Tax Contracts Project started but not completed 208,000 01110110
Finance 221401 GENERAL FUND 3rd Floor Remodel Project started but not completed 780,200 01110120
Finance N/A GENERAL FUND Furniture Replacement for Central Svc Basement Reno Project started but not completed 20,000 01110130
Finance N/A GENERAL FUND Dog License Software Project started but not completed 100,000 01110130
Finance N/A GENERAL FUND Upgrade of software/hardware for PCI Compliance Project started but not completed 20,000 01111017
Library N/A GENERAL FUND Jerome Park ‐ Interactive Water Exhibits Project started but not completed 199,600 01111017
Library N/A GENERAL FUND New Book Mobile Project started but not completed                 400,000 01111017 Library N/A GENERAL FUND Delhi Community Center ‐ Library Branchlette Project started but not completed 150,000 01111017
Library 221600 GENERAL FUND Project started but not completed 43,500 01111110 Library 211501 GENERAL FUND CHEVROLET EXPRESS PASSENGER VAN Encumbrance Carry Forward 119,400 01111190
Library N/A GENERAL FUND Library Circulation Equipment Project started but not completed 19,200 01113017
Parks & Recreation Various GENERAL FUND 2nd Floor City Hall Renovation Being bid out and currently pending award          950,000 01113220 Parks & Recreation N/A GENERAL FUND Zoo Ticketing System Project started but not completed 139,200 01113220
Parks & Recreation Various GENERAL FUND Zoo Walkway Project In Design Phase 519,000 01113230 Parks & Recreation 102010 GENERAL FUND LIGHT UTILITY ELECTRIC CART Encumbrance Carry Forward 27,200 01113230 Parks & Recreation 102010 GENERAL FUND EZ‐GO GOLF CART Encumbrance Carry Forward 81,600 01113250 Parks & Recreation 202100 GENERAL FUND FORD RANGER XL SUPERCREW Encumbrance Carry Forward 71,200 01113250 Parks & Recreation 202100 GENERAL FUND FORD F‐550 STAKEBED TRUCK Encumbrance Carry Forward 211,300 01113250 Parks & Recreation 202100 GENERAL FUND CHEVROLET EXPRESS PLUMBERS VAN Encumbrance Carry Forward 91,900 01113250 Parks & Recreation 202100 GENERAL FUND FORD F550 ALTEC AT37M BOOM TRUCK Encumbrance Carry Forward 232,600 01113250 Parks & Recreation 202200 GENERAL FUND AIR CONDITIONING UNIT Encumbrance Carry Forward 65,500 01113250
Parks & Recreation N/A GENERAL FUND Lawn Bowling Clubhouse Wood Deck Project started but not completed 40,000 01114425
Police Department N/A GENERAL FUND Computer & Printer Replacements Project started but not completed 200,000 01114405
Police Department N/A GENERAL FUND Vehicles for Parking Control Project started but not completed 300,000 01114403
Police Department N/A GENERAL FUND Replacement of Security Gates Project started but not completed 250,000 01114450
Police Department N/A GENERAL FUND Furniture Replacement Project started but not completed 200,000 01114403
Police Department N/A GENERAL FUND Building Access Keycard System Upgrade Project started but not completed               1,000,000 01114403 Police Department N/A GENERAL FUND Replacement of Uninterruptable Power Supply (UPS) Project started but not completed 100,000 01114403
Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 119,000 01114425
Police Department N/A GENERAL FUND Copier Replacements Project started but not completed 130,000 01114425
Police Department N/A GENERAL FUND Computer & Printer Replacements Project started but not completed 81,000 01114403
Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 151,000 01114403
Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 30,000 01114403
Police Department N/A GENERAL FUND Fire System Upgrade Project started but not completed 230,000 01114403
Police Department N/A GENERAL FUND Fire System Upgrade Project started but not completed 500,000 01115330
Fire ‐Fire Stations N/A GENERAL FUND Fire Stations ‐ Removal of underground storage tanks Project started but not completed               1,050,000 01116500 Planning & Building N/A GENERAL FUND ENVELOPE PRINTER Encumbrance Carry Forward 8,600 01116500
Planning & Building N/A GENERAL FUND Replacement of 2nd Floor Conference Room Chairs Project started but not completed 14,000 01116500
Planning & Building N/A GENERAL FUND 2nd Floor Work Stations Project started but not completed 13,000 01116500
Planning & Building N/A GENERAL FUND 2nd Floor Work Stations Project started but not completed 5,000 01116500
Planning & Building N/A GENERAL FUND 2nd Floor Kitchen/ Mail Room Remodel Project started but not completed 40,000 01116520 Planning & Building N/A GENERAL FUND Contingency for vehicle purchase Encumbrance Carry Forward 5,000 01116520 Planning & Building N/A GENERAL FUND FORD RANGER XL Encumbrance Carry Forward 31,100 01116520
Planning & Building N/A GENERAL FUND Records Management ‐ Digitizing Records Project started but not completed 140,000 Community Outreach ‐ La Cultura Magazine, Teen Time
Programming
Project Status
EXHIBIT 1
 
City Council
 9 – 3
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
01116530 Planning & Building N/A GENERAL FUND Replacement of 1st Floor ‐ Conference Room Chairs Pr oject started but not completed 5,600 01116530 Planning & Building N/A GENERAL FUND Land Management System Project started but not compl eted 220,000 01116540 Planning & Building N/A GENERAL FUND CHEVY COLORADO TRUCK Encumbrance Carry Forward 20,000 01117017 Public Works N/A GENERAL FUND MINI STREET SWEEPER Encumbrance Carry Forward 150,000 01117017 Public Works N/A GENERAL FUND AIR CONDITIONING UNIT #1 Encumbrance Carry Forward 457,700 01117017 Public Works N/A GENERAL FUND Contingency for air conditioning unit Encumbrance Carry Forward 42,300 01117017 Public Works 221309 GENERAL FUND CYPRESS FIRE STATION Project underway ‐ Carry Forward 1,000,000 01117017 Public Works 226910 GENERAL FUND ALLEY IMPRV PROGRAM FY 21/22 Project underway ‐ Carry Forward 750,000 01117620 Public Works 226018 GENERAL FUND Flower St & 3rd St Trffc Sfty Project started but not completed 500,000 01117621 Public Works N/A GENERAL FUND 32 GAL STEEL STRAP CONTNR Encumbrance Carry Forward 184,000 01117621 Public Works N/A GENERAL FUND 6' STEEL STRAP BUS BENCH Encumbrance Carry Forward 185,600 01117621 Public Works 216014 GENERAL FUND SOUTH MAIN ST BUS SHELTER IMPR Project started but n ot completed 180,500 01117625 Public Works N/A GENERAL FUND Street Signs for Public Right‐of‐Way Project started but not completed 29,300 01117630 Public Works N/A GENERAL FUND CHEVROLET 2500HD TRUCK Encumbrance Carry Forward 67,400 01117630 Public Works 226017 GENERAL FUND Saddleback Street Light Pro Project started but not completed 750,000 01117642 Public Works N/A GENERAL FUND Equipment for Graffiti Abatement ‐ After Hours Serv ices Project started but not completed 109,800 01117650 Public Works N/A GENERAL FUND REPLACE 160 TON CARRIER CHILLER Encumbrance Carry Forward 222,600 01117650 Public Works 226024 GENERAL FUND SARTC DEFERRED MAINTENANCE Project underway ‐ Carry Forward 5,405,000 01117651 Public Works Various GENERAL FUND Various Park Improvement s Projects Under bid/ design 1,502,100 01118810 Community Development N/A GENERAL FUND Project started but not completed 750,000 01118810 Community Development N/A GENERAL FUND DTSA Business Assistance Project started but not com pleted 725,500 01110XXX Finance N/A GENERAL FUND Merchant Processing for cashiering system upgrade Pr oject started but not completed 45,500 01110XXX Finance N/A GENERAL FUND Additional 3rd Floor Office Remodel Project started but not completed 50,000 Subtotal for General Fund (Fund 11) 22,855,000
American Rescue Plan Act (ARPA)
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount
18103013 City Manager 221304 AMERICAN RESCUE PLAN ACT(ARPA) FEASBILITY STUDY PUBLIC HEALTH Encumbrance Carry Forward 81,000 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) DIGITAL COMMUNITY KIOSKS Encumbrance Carry Forward 26,300 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) LIGHTWEIGHT FOLDING HEADPHONES Encumbrance Carry Forward 2,300 18103013 City Manager 221322 AMERICAN RESCUE PLAN ACT(ARPA) EMERGENCY RENTAL ASSIST ADMIN Encumbrance Carry Forward 36,500 18103013 City Manager 221322 AMERICAN RESCUE PLAN ACT(ARPA) REVIVE FOOD DISTRIBUTION Encumbrance Carry Forward 190,800 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) STADIUM MARQUEE REPLACEMENT Encumbrance Carry Forward 166,500 18103013 City Manager Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ CMO For FY21‐22 grant agreemen t and will be spent by 12/31/24 3,100,100 18108013 City Attorney Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ CAO For FY21‐22 grant agreemen t and will be spent by 12/31/24 489,100 18109013 Human Resources Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ HR For FY21‐22 grant agreement and will be spent by 12/31/24 23,900 18110013 Finance 221362 AMERICAN RESCUE PLAN ACT(ARPA) Accounting & Compliance Encumbrance Carry Forward 142,400 18110013 Finance Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ FMSA Encumbrance Carry Forward 260,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) CANON EOS 90D DSLR CAMERA Encumbrance Carry Forward 3,700 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) VARIOUS KITS Encumbrance Carry Forward 3,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) DIGILAB 3D PRINTER Encumbrance Carry Forward 4,200 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) AC POWER ADAPTER Encumbrance Carry Forward 400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) MOXIE APP SUBSCRIPTION Encumbrance Carry Forward 12,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) OPTIMA PROJECTOR Encumbrance Carry Forward 600 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) LICENSE SOFTWARE Encumbrance Carry Forward 4,500 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ LIBRARY OF THINGS Encumbrance Carry Forward 900 18111013 Library Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ Library Project started but not completed 8,554,300 18113013 Parks & Recreation 221343 AMERICAN RESCUE PLAN ACT(ARPA) Ice Rink Encumbrance Carry Forward 30,400 Project Status
South Main Restaurant Incubation, Memorial for Lives Lost to COVID‐19, and Pilot Graffiti Arts Program
 
City Council
 9 – 4
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
18113013 Parks & Recreation 221343 AMERICAN RESCUE PLAN ACT(ARPA) GENERATOR Encumbrance Carry Forward 6,800 18113013 Parks & Recreation Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ PRCSA Project started but not completed 12,302,200 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) BATTING CAGE FENCING Encumbrance Carry Forward 22,100 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) VARIOUS ITEMS FOR SOFTBALL Encumbrance Carry Forward 10,400 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) BATTING CAGE NET INSTALLATION Encumbrance Carry Forward 1,600 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) SYNTHETIC TURF INSTALLATION Encumbrance Carry Forward 41,500 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) CHEVROLET EXPRESS PASSENGER VAN Encumbrance Carry Forward 79,600 18114013 Police Department Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ PD Encumbrance Carry Forward 588,700 18116013 Planning & Building Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ PBA Encumbrance Carry Forward 443,200 18117013 Public Works 221309 AMERICAN RESCUE PLAN ACT(ARPA) Sanitization/Prev‐Right of Way Project underway ‐ Carry Forward 1,912,500 18117013 Public Works 221307 AMERICAN RESCUE PLAN ACT(ARPA) COVID‐19 Sanitization Project Encumbrances ‐ carryforward 600 18117013 Public Works 221341 AMERICAN RESCUE PLAN ACT(ARPA) First St Slope Stabilization Project to be rebid in September 20 22. Construction not started. Carryforward 2,987,400 18117013 Public Works 221383 AMERICAN RESCUE PLAN ACT(ARPA) Pedestrian & Mobility Improvem Under design, carryforward 2,978,200 18117013 Public Works 221387 AMERICAN RESCUE PLAN ACT(ARPA) Neighborhood Safety Streetlights Under design, carryforward 1,000,000 18117013 Public Works 221390 AMERICAN RESCUE PLAN ACT(ARPA) Channel Fencing Upgrades Ph II 892,700 18117013 Public Works 221358 AMERICAN RESCUE PLAN ACT(ARPA) Public Health Plaza/Wellness P Project underway ‐ Carry Forward 3,805,500 18118013 Community Development 221370 AMERICAN RESCUE PLAN ACT(ARPA) Parking Structure improvement/safety Encumbrance Carry Forward 53,500 18118013 Community Development 221328 AMERICAN RESCUE PLAN ACT(ARPA) RentStabiliz/JustCauseEviction Encumbrance Carry Forward 43,100 18118013 Community Development 221347 AMERICAN RESCUE PLAN ACT(ARPA) Rapid Response Homeless Servic Encumbrance Carry Forward 230,500 18118013 Community Development Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ CDA Project started but not completed 4,393,300 18120013 Information Technology 221385 AMERICAN RESCUE PLAN ACT(ARPA) Information Technology & Process Upgrades Encumbrance Carry Forward 37,600 18120013 Information Technology Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) ‐ IT Project started but not completed 5,339,700 Subtotal for American Rescue Plan Act (ARPA) 50,304,800 Construction Projects
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount
01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Book Mobile Programming Mat erials/Supplies Project started but not completed 22,900 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Youth Services Tutoring/Pro gramming/Youth Events Project started but not completed 175,600 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Hotspots Supplies Project s tarted but not completed 7,300 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Digital Content Subscriptio ns Project started but not completed 1,900 01211020 Library 221800 CANNABIS PUBLIC BENEFIT FUND Newhope Library Renovation Project Project started but not completed 1,258,400 01213020 Parks & Recreation 182681 CANNABIS PUBLIC BENEFIT FUND CENTENNIAL LAKE RENOVATION Going out to Bid 2,500,000 01213020 Parks & Recreation 202501 CANNABIS PUBLIC BENEFIT FUND SA ZOO SPLASH PAD In Design Phase 117,700 01213020 Parks & Recreation 202502 CANNABIS PUBLIC BENEFIT FUND MEMORIAL SPLASH PAD In Design Phase 117,700 01213020 Parks & Recreation 202503 CANNABIS PUBLIC BENEFIT FUND C CHAVEZ SPLASH PAD In Design Phase 1,280,500 01213020 Parks & Recreation 202504 CANNABIS PUBLIC BENEFIT FUND THORNTON SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202505 CANNABIS PUBLIC BENEFIT FUND EL SALVADOR SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202506 CANNABIS PUBLIC BENEFIT FUND MADISON SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202730 CANNABIS PUBLIC BENEFIT FUND RAITT & MYRTLE NEW PARK Under Construction 82,100 01213020 Parks & Recreation 202736 CANNABIS PUBLIC BENEFIT FUND DELHI FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202737 CANNABIS PUBLIC BENEFIT FUND ROSITA FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202739 CANNABIS PUBLIC BENEFIT FUND JEROME FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202751 CANNABIS PUBLIC BENEFIT FUND YOUTH PROGRAMS & SERVICES Pending Close Out 12,100 01213020 Parks & Recreation 212500 CANNABIS PUBLIC BENEFIT FUND CANNABIS FUNDING FY 20‐21 Pending Close Out 4,600 01213020 Parks & Recreation 212501 CANNABIS PUBLIC BENEFIT FUND ZOO MOBILE Awaiting Delivery 5,100 01213020 Parks & Recreation 212742 CANNABIS PUBLIC BENEFIT FUND LIBRARY PLAYGROUND 95% Complete 102,700 01213020 Parks & Recreation 212743 CANNABIS PUBLIC BENEFIT FUND CABRILLO FITNESS CRT 95% Complete 7,100 01213020 Parks & Recreation 212744 CANNABIS PUBLIC BENEFIT FUND ZOO GOAT ENCOUNTERS Pending Contract Award 389,800 Contractor issued Notice To Proceed in August 2022. Construction to start in September 2022.

Project Status
 
City Council
 9 – 5
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
01213020 Parks & Recreation 212745 CANNABIS PUBLIC BENEFIT FUND SANTA ANITA PHASE II Under Construction 1,509,700 01213020 Parks & Recreation 212746 CANNABIS PUBLIC BENEFIT FUND THORNTON FITNESS CRT 95% Complete 2,000 01213020 Parks & Recreation 212747 CANNABIS PUBLIC BENEFIT FUND HERITAGE FITNESS CRT 95% Complete 1,500 01213020 Parks & Recreation 212748 CANNABIS PUBLIC BENEFIT FUND LILLIE KING FITNESS CRT 95% Complete 1,800 01213020 Parks & Recreation 212749 CANNABIS PUBLIC BENEFIT FUND EL SALVADOR FIT CRT 95% Complete 2,100 01213020 Parks & Recreation 222500 CANNABIS PUBLIC BENEFIT FUND CANNABIS FUND FY 2022 Pending Close Out 731,900 01213020 Parks & Recreation 222502 CANNABIS PUBLIC BENEFIT FUND MOVIES IN THE PARK Project started but not completed 500,000 01213020 Parks & Recreation 222754 CANNABIS PUBLIC BENEFIT FUND CAP OUTLAY DYSC FIELD LIGHTS In Design Phase 500,000 01213020 Parks & Recreation 222756 CANNABIS PUBLIC BENEFIT FUND THORNTON PK LIGHTING In Design Phase 260,000 01213020 Parks & Recreation 222761 CANNABIS PUBLIC BENEFIT FUND CENTENNIAL FITNESS COURT Under Construction 31,800 01213020 Parks & Recreation 222762 CANNABIS PUBLIC BENEFIT FUND PORTOLA FITNESS COURT Under Construction 31,800 01213020 Parks & Recreation 222765 CANNABIS PUBLIC BENEFIT FUND SANTIAGO NAT CTR RENO Pre‐Design 1,000,000 01213020 Parks & Recreation 222766 CANNABIS PUBLIC BENEFIT FUND DYSC F1 SYNTH TURF/SPRT LIGHT In Design Phase 2,000,000 01213020 Parks & Recreation 222768 CANNABIS PUBLIC BENEFIT FUND JEROME FIELD IRRIGATION RENOVA Pre‐Design 1,000,000 02213200 Parks & Recreation Various PRCSA FEES & DONATION Various Parks ongoing operations Project started but not completed 148,800 02213200 Parks & Recreation Various PRCSA FEES & DONATION Friends of the Santa Ana Zoo/Zoo Goat Trail/Memorial Lights Project star ted but not completed 800,000 02917660 Public Works 116741 SPECIAL GAS TAX Bristol Wdng‐Wrnr/St Andrw IV Project underway ‐ Carry Forward 800,000 02917660 Public Works 136792 SPECIAL GAS TAX BRISTOL WDNG:CC‐WASHNGTON IIIA Project underway ‐ Carry Forward 3,200,000 03217661 Public Works 206972 MEASURE M‐STREET CONSTRUCTION SR‐55 WIDENING PROJ FY 19/20 Construction from August 2022 until 2024. Carry forward 21,700 03217662 Public Works 126764 MEASURE M‐STREET CONSTRUCTION ECP DWNTN BUS/CC STRMWTR TRASH Project Underway ‐ Carry Forward 1,100 03217662 Public Works 126765 MEASURE M‐STREET CONSTRUCTION ECP WNTERSBRG CHL AREA STRMWTR Project Underway ‐ Carry Forward 1,700 03217662 Public Works 146802 MEASURE M‐STREET CONSTRUCTION WARNER AVE WDNG:MAIN‐OAK PH I Under construction until 2023. Ca rry forward 253,100 03217662 Public Works 166853 MEASURE M‐STREET CONSTRUCTION BIKE LANE PROJECT DEV FYE 16 Pending project reconciliation 10,700 03217662 Public Works 176802 MEASURE M‐STREET CONSTRUCTION LINCOLN PEDESTRIAN TRAIL Project Underway ‐ Carry Forward 45,100 03217662 Public Works 176886 MEASURE M‐STREET CONSTRUCTION SRTS ENHNC‐SEPULVEDA ELEMNTARY Project Underway ‐ Carry Forward 2,600 03217662 Public Works 176889 MEASURE M‐STREET CONSTRUCTION FAIRVIEW TRAFFIC SIG SYNCH Project Complete, pending final in‐ki nd match payment. Carry forward 56,700 03217662 Public Works 176892 MEASURE M‐STREET CONSTRUCTION BIKE LANE PROJECT DEVELOPMENT Pending project reconciliation 29,000 03217662 Public Works 176894 MEASURE M‐STREET CONSTRUCTION EUCLID ST & HAZARD AVE SIGL MO Pending project reconciliation 8,000 03217662 Public Works 176897 MEASURE M‐STREET CONSTRUCTION FLOWER ST SAFETY ENHANCEMENTS Project Closing out ‐ Carry Forwar d for reconciliation 5,200 03217662 Public Works 226901 MEASURE M‐STREET CONSTRUCTION CITYWIDE SEWR TRENCH REPR PHII Completed, Construction, 100% complete, 30,000 03217662 Public Works 186897 MEASURE M‐STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 17/18 Pending project reconciliation 8,800 03217662 Public Works 186904 MEASURE M‐STREET CONSTRUCTION BIKE LANE PROJECT DEV FYE 18 Pending project reconciliation 1,700 03217662 Public Works 186905 MEASURE M‐STREET CONSTRUCTION TRAFFIC SAFETY DEV FY 17/18 Pending project reconciliation 38,500 03217662 Public Works 186907 MEASURE M‐STREET CONSTRUCTION LOCAL ST PREVENT MAINT FY17/18 Project started but not completed 158,300 03217662 Public Works 186911 MEASURE M‐STREET CONSTRUCTION MAIN ST REHAB: EDINGR TO FIRST Project started but not completed 145,300 03217662 Public Works 186912 MEASURE M‐STREET CONSTRUCTION CITYWIDE BIKE RACK & SARTC Project started but not completed 122,800 03217662 Public Works 186913 MEASURE M‐STREET CONSTRUCTION BEAR ST TRAFFIC SGNL SYNCH Construction complete, Operation & Mo nitoring Ongoing 10,000 03217662 Public Works 186918 MEASURE M‐STREET CONSTRUCTION MAIN ST & 15TH ST TRAFFIC SIGN Under construction until 2023. Carry forward 70,500 03217662 Public Works 196897 MEASURE M‐STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 18/19 Encumbrance Carry Forward 600 03217662 Public Works 196904 MEASURE M‐STREET CONSTRUCTION BIKE LANE PROJECT DEV FY 18/19 Pending project reconciliation 7,100 03217662 Public Works 196910 MEASURE M‐STREET CONSTRUCTION ALLEY IMPROVEMENTS FY 18/19 Coordinating design for project deli very. Carry forward. 150,000 03217662 Public Works 196923 MEASURE M‐STREET CONSTRUCTION MCFADDEN REHB FAIRVIEW ‐ RAITT In design. Construction planned for early 2023. Carry forward 1,004,600 03217662 Public Works 196949 MEASURE M‐STREET CONSTRUCTION MAIN ST TRAFFIC SIG SYNCH Construction complete, Operation & Mon itoring Ongoing 14,300 03217662 Public Works 196950 MEASURE M‐STREET CONSTRUCTION GG BLVD/MEMORY TRFFC SIG SYNCH Construction complete, Operation & Monitoring Ongoing 15,000 03217662 Public Works 206897 MEASURE M‐STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 19/20 Pending project reconciliation 2,300 03217662 Public Works 206898 MEASURE M‐STREET CONSTRUCTION PAVEMENT MANAGEMENT FY 19/20 Carry forward; transfer balance to Pavement Management FY 22/23 700 03217662 Public Works 206899 MEASURE M‐STREET CONSTRUCTION PROJECT DEVELOPMENT FY 19/20 Carry forward; transfer balance to Project Development FY 22/23 7,800 03217662 Public Works 206905 MEASURE M‐STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 19/20 Pending project reconciliation 10,900 03217662 Public Works 206907 MEASURE M‐STREET CONSTRUCTION LOCAL ST PREVENT MAINT FY19/20 Project started but not completed 171,400 03217662 Public Works 206914 MEASURE M‐STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP19/20 Project complete. Carryforward for final reconciliation 25,300  
City Council
 9 – 6
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
03217662 Public Works 206959 MEASURE M‐STREET CONSTRUCTION MAIN SLURRY: MEMORY‐NCL Project Underway ‐ Carry Forward 385,900 03217662 Public Works 206960 MEASURE M‐STREET CONSTRUCTION BEDFORD REHAB:MAIN PL‐CITY LIM Project Underway ‐ Carry Forward 40,000 03217662 Public Works 206967 MEASURE M‐STREET CONSTRUCTION EDINGER AVE TRAFFIC SIG SYN Project started but not completed 100,000 03217662 Public Works 206968 MEASURE M‐STREET CONSTRUCTION WARNER AVE TRFF SIG SYN Project started but not completed 100,000 03217662 Public Works 206969 MEASURE M‐STREET CONSTRUCTION MacArthur Blvd TRFF SGL SYNC Project started but not completed 100,000 03217662 Public Works 206970 MEASURE M‐STREET CONSTRUCTION OMNIBUS CONCRETE PR FY19/20 Project started but not completed 1,400 03217662 Public Works 206974 MEASURE M‐STREET CONSTRUCTION JACKSON ELEM IMPROVE Project started but not completed 25,000 03217662 Public Works 216897 MEASURE M‐STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 20/21 Project started but not completed 43,000 03217662 Public Works 216898 MEASURE M‐STREET CONSTRUCTION FY20/21 PAVEMENT MANAGEMENT Updating database. Carry forward 39,700 03217662 Public Works 216900 MEASURE M‐STREET CONSTRUCTION RIGHT OF WAY MGMNT FY 20/21 Carryforward for additional expenditures in FY 22/23 6,300 03217662 Public Works 216905 MEASURE M‐STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 20/21 Project started but not completed 20,400 03217662 Public Works 216907 MEASURE M‐STREET CONSTRUCTION FY20/21 LOC ST PREVENT MAINT In construction punch list. Carry forward 260,800 03217662 Public Works 216914 MEASURE M‐STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP20/21 Project started but not completed 100,000 03217662 Public Works 216982 MEASURE M‐STREET CONSTRUCTION Sgerstrom/Dyer TRFF SGL SYNC Project started but not completed 256,100 03217662 Public Works 216983 MEASURE M‐STREET CONSTRUCTION TUSTIN AVE TRFF SGL SYNC Project started but not completed 94,800 03217662 Public Works 226910 MEASURE M‐STREET CONSTRUCTION ALLEY IMPRV PROGRAM FY 21/22 In design. Construction planned for early 2023 146,000 03217662 Public Works 226898 MEASURE M‐STREET CONSTRUCTION FY21/22 PAVEMENT MANAGEMENT Updating database. Carry forward 296,300 03217662 Public Works 226899 MEASURE M‐STREET CONSTRUCTION PROJECT DEVELOPMENT FY 21/22 Carry forward; active project expen ditures. 245,200 03217662 Public Works 226900 MEASURE M‐STREET CONSTRUCTION RIGHT OF WAY MGMNT FY 21/22 Carry forward; transfer balance to Right of Way Management FY 22/23 35,300 03217662 Public Works 226907 MEASURE M‐STREET CONSTRUCTION FY21/22 LOC ST PREVENT MAINT Under construction until 2023. Carry forward 2,881,300 03217662 Public Works 226992 MEASURE M‐STREET CONSTRUCTION Citywide Speed Limit Study Project started but not completed 70,000 03217662 Public Works 226993 MEASURE M‐STREET CONSTRUCTION FIRST ST CORR TRFF SYNCH Project started but not completed 380,000 03217662 Public Works 226914 MEASURE M‐STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP21/22 Project started but not completed 100,000 03217662 Public Works 226994 MEASURE M‐STREET CONSTRUCTION SAFE MOBILITY SA UPDATE Project started but not completed 33,000 03217662 Public Works 226904 MEASURE M‐STREET CONSTRUCTION BIKE LANE PROJECT DEV FY 21/22 Project underway ‐ Carry Forward 80,000 03217662 Public Works 226897 MEASURE M‐STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 21/22 Project underway ‐ Carry Forward 50,000 03217662 Public Works 226905 MEASURE M‐STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 21/22 Project underway ‐ Carry Forward 50,000 03217663 Public Works 136792 MEASURE M‐STREET CONSTRUCTION BRISTOL WDNG:CC‐WASHNGTON IIIA Project started but not completed 3,263,600 03217663 Public Works 116741 MEASURE M‐STREET CONSTRUCTION Bristol Wdng‐Wrnr/St Andrw IV Project started but not completed 7,501,200 03217663 Public Works 146802 MEASURE M‐STREET CONSTRUCTION WARNER AVE WDNG:MAIN‐OAK PH I Under construction until 2023. Ca rry forward 3,699,100 03217663 Public Works 156827 MEASURE M‐STREET CONSTRUCTION FAIRVIEW BRDGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 4,738,200 03217663 Public Works 176883 MEASURE M‐STREET CONSTRUCTION BRISTOL ST&MEMORY LN INTER WID In design. Construction planned for early 2023. Carry forward 1,800,300 03217663 Public Works 186901 MEASURE M‐STREET CONSTRUCTION WARNER AVE IMPRV PH2‐OAK‐GRAND Construction planned for early 20 23. Carry forward 14,428,600 03217663 Public Works 196425 MEASURE M‐STREET CONSTRUCTION MABURY PARK STORMWATER CAPTURE Project Underway ‐ Carry Forward 15,200 03217663 Public Works 226999 MEASURE M‐STREET CONSTRUCTION Project W Bus Shelter Project Underway ‐ Carry Forward 1,030,000 03217664 Public Works 176766 MEASURE M‐STREET CONSTRUCTION OC STREETCAR Project underway ‐ Carry Forward 1,076,400 03417660 Public Works 146802 NEW TRANSPO SYS IMPR AREA E WARNER AVE WDNG:MAIN‐OAK PH I Project underway ‐ Carry Forward 209,600 03417660 Public Works 186901 NEW TRANSPO SYS IMPR AREA E WARNER AVE IMPRV PH2‐OAK‐GRAND Project underway ‐ Carry Forward 1,066,900 03417660 Public Works 206971 NEW TRANSPO SYS IMPR AREA E WARNER PROTECT BK LN:OAK‐GRAND Project underway ‐ Carry Forward 14,900 03517660 Public Works 136792 NEW TRANSPO SYS IMPR AREA F BRISTOL WDNG:CC‐WASHNGTON IIIA Project underway ‐ Carry Forward 388,100 03517660 Public Works 146802 NEW TRANSPO SYS IMPR AREA F WARNER AVE WDNG:MAIN‐OAK PH I Project underway ‐ Carry Forward 498,600 03517660 Public Works 156827 NEW TRANSPO SYS IMPR AREA F FAIRVIEW BRDGE & STREET IMPRV Project underway ‐ Carry Forward 11,100 03517660 Public Works 176883 NEW TRANSPO SYS IMPR AREA F BRISTOL ST&MEMORY LN INTER WID Project underway ‐ Carry Forward 303,400 03517660 Public Works 186901 NEW TRANSPO SYS IMPR AREA F WARNER AVE IMPRV PH2‐OAK‐GRAND Project underway ‐ Carry Forward 2,100 05105015 Non‐Departmental 170151 CAPITAL OUTLAY FUND BUILDING IMPROVEMENTS Pending American with Disabilities Act upg rades 69,000 05113263 Parks & Recreation 152645 CAPITAL OUTLAY FUND SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% Complete; Est. completion 10/22 260,400 05113263 Parks & Recreation 152646 CAPITAL OUTLAY FUND CC STATE BUILDING AREA IMPROV 0% completion; Est. completion unknown 70,900 05113263 Parks & Recreation 202706 CAPITAL OUTLAY FUND ADAMS PK IRRIGATION RENOV Closeout Phase; 99% complete; 8/22 Est. completion 5,000 05113263 Parks & Recreation 202708 CAPITAL OUTLAY FUND ADAMS RESTROOM RENOVATION Closeout Phase; 99% complete; 8/22 Est . completion 18,300 05113263 Parks & Recreation 202709 CAPITAL OUTLAY FUND ADAMS PK SIGN&SITE FURISHINGS 0% completion; 6/23 Est. completion 100,000  
City Council
 9 – 7
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
05113263 Parks & Recreation 202718 CAPITAL OUTLAY FUND STADIUM LOCKER ROOM RENOVATION Closeout Phase; 99% complete; 9/2 2 Est. completion 33,500 05113263 Parks & Recreation 202720 CAPITAL OUTLAY FUND WINDSOR PK SITE FURNISHINGS 0% completion; 6/23 Est. completion 30,000 05113263 Parks & Recreation 222754 CAPITAL OUTLAY FUND CAP OUTLAY DYSC FIELD LIGHTS Design Phase; 0% completion; Est. completion 23/24 418,200 05113263 Parks & Recreation 222755 CAPITAL OUTLAY FUND 05113263 CT DOG PRK ‐CENTENIAL Design Phase; 5% completion; Est. completion 23/24 985,400 05113263 Parks & Recreation 222757 CAPITAL OUTLAY FUND CELL TWR PARK TRASH RECEPTACLE In Progress; 30% Complete; Est. C ompletion 12/22 2,000 05113263 Parks & Recreation 222758 CAPITAL OUTLAY FUND CELL TWR‐PARKS DEFERRED MAINT Project completed, but might need contingency amount 22,700 05113263 Parks & Recreation 222760 CAPITAL OUTLAY FUND CENTENIAL PKNG LOT LTNG PHSE 2 Construction phase. Estimated co mpletion 12/22 100,000 05113263 Parks & Recreation 222763 CAPITAL OUTLAY FUND BBALL FENCE‐SAN, PORT, CABRILL 0% complete. Estimated completion 6/23 70,200 05117620 Public Works 186065 CAPITAL OUTLAY FUND STREETLIGHT ACQ & UPGR PROJ Completed in July 22; carryforward for project 1,268,900 05417647 Public Works 166466 SANITARY SEWER CAPITAL WILLARD NH SEWER MAIN IMPROV Active, Design, 100% complete, Moving to 1,555,100 05417647 Public Works 176471 SANITARY SEWER CAPITAL SEWER LATERAL BRISTOL PHASE 3A Active, Design, 100% complete, Moving to 891,600 05417647 Public Works 186498 SANITARY SEWER CAPITAL WASHNGTN SQUARE SEWER MAIN IMP On Hold, Design, 60% complete 2,414,700 05417647 Public Works 186616 SANITARY SEWER CAPITAL FLOWER ST SEWER MAIN IMPROVEME Active, Construction, 30% complete 2,679,900 05417647 Public Works 196426 SANITARY SEWER CAPITAL CITYWIDE SWR MAIN IMPRVTS PH 2 Completed, Construction, 100% complete, 100,000 05417647 Public Works 196430 SANITARY SEWER CAPITAL WRIGHT ST SEWER MAIN IMPROVE Active, Design, 90% complete 1,360,500 05417647 Public Works 196497 SANITARY SEWER CAPITAL SA MEMORL NGHBRHD SWR MAIN IMP Active, Design, 0% complete 484,500 05417647 Public Works 216447 SANITARY SEWER CAPITAL RENE DR SEWER IMPROVEMENTS Active, Design, 0% complete 85,000 05417647 Public Works 216448 SANITARY SEWER CAPITAL BRISTOL‐WARNER NH SEWER IMPROV Active, Design, 0% complete 100,000 05417647 Public Works 216449 SANITARY SEWER CAPITAL FAIRHAVEN NH SEWER IMP Active, Design, 0% complete 400,000 05417647 Public Works 216450 SANITARY SEWER CAPITAL CASA BONITA NH SEWER IMPROV Active, Design, 0% complete 180,000 05417647 Public Works 216451 SANITARY SEWER CAPITAL SOUTH MAIN ST SEWER IMPR Active, Construction, 90% complete 1,620,000 05417647 Public Works 216452 SANITARY SEWER CAPITAL INDUSTRIAL ST SEWER IMP PH1 Active, Construction, 10% complete 398,000 05417647 Public Works 226473 SANITARY SEWER CAPITAL SANTIAGO PARK GAS HOUSE SEWER Active, Construction, 50% complete 50,000 05417647 Public Works 226620 SANITARY SEWER CAPITAL LINCOLN AVE SEWER MAIN IMPR Active, Construction, 90% complete 770,200 05517660 Public Works 063510 SEWER CONNECTION FEE SEGERSTROM/SAN LORENZO S LIFT Active, Construction, 60% complete 4,854,700 05517660 Public Works 186616 SEWER CONNECTION FEE FLOWER ST SEWER MAIN IMPROVEME Active, Construction, 40% complete 1,648,500 05517660 Public Works 196430 SEWER CONNECTION FEE WRIGHT ST SEWER MAIN IMPROVE Active, Design, 90% complete 15,400 05517660 Public Works 216447 SEWER CONNECTION FEE RENE DR SEWER IMPROVEMENTS Active, Design, 10% complete 590,000 05517660 Public Works 216619 SEWER CONNECTION FEE NE ANNEXATION SEWER IMPR Active, Design, 90% complete 838,800 05717640 Public Works 166467 FED CLEAN WATER PROTECTION ENT SA DELHI CHANNEL DIVERSION Active, Construction, 100% complete, Calibration 68,300 05717640 Public Works 206618 FED CLEAN WATER PROTECTION ENT Warner Storm Drain Imp: Ph1 Active, Construction, 75% complete 3,200 05717640 Public Works 226469 FED CLEAN WATER PROTECTION ENT STORMWATER CHANNEL FENCING UPG Active, Construction, 0% complete, Construction 479,100 05717660 Public Works 166467 FED CLEAN WATER PROTECTION ENT SA DELHI CHANNEL DIVERSION Active, Construction, 100% complete, City to 1,000,000 05917660 Public Works 146802 SELECT STREET CONSTRUCTION WARNER AVE WDNG:MAIN‐OAK PH I Under construction until 2023. Carry forward 2,074,700 05917660 Public Works 156825 SELECT STREET CONSTRUCTION WESTMNSTER REHAB:HARBR TOCLINT Project started but not completed 35,200 05917660 Public Works 156827 SELECT STREET CONSTRUCTION FAIRVIEW BR DGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 255,700 05917660 Public Works 176766 SELECT STREET CONSTRUCTION OC STREETCA R Under construction. Carry forward 205,800 05917660 Public Works 176881 SELECT STREET CONSTRUCTION FAIRVIEW ST : SEGERSTROM TO NCL Project Underway ‐ Carry Forward for grant reconciliation 400 05917660 Public Works 186902 SELECT STREET CONSTRUCTION WESTMINSTER REHAB:CLINTON‐FRVW Project started but not completed 102,800 05917660 Public Works 186903 SELECT STREET CONSTRUCTION HAZARD AVE PROTECTED BIKE LANE Proj. Complete‐ Closing out ‐ Carry Forward 111,900 05917660 Public Works 186906 SELECT STREET CONSTRUCTION BRISTOL & E DINGER CLASS II BK Proj. Complete‐ Closing out ‐ Carry Forward 70,500 05917660 Public Works 186908 SELECT STREET CONSTRUCTION BRISTOL ST PROTECTED LN EDGR‐1 Grant Project Closing out ‐ carryforward for grant reconciliation 1,700 05917660 Public Works 206971 SELECT STREET CONSTRUCTION WARNER PROT ECT BK LN:OAK‐GRAND In design. Construction planned for early 2023. Carry forward 84,100 05917660 Public Works 186912 SELECT STREET CONSTRUCTION CITYWIDE BI KE RACK & SARTC Project Underway ‐ Carry Forward 20,400 05917661 Public Works 116741 SELECT STREET CONSTRUCTION Bristol Wdng‐Wrnr/St Andrw IV Project Underway ‐ Carry Forward 326,800 05917661 Public Works 136792 SELECT STREET CONSTRUCTION BRISTOL WDNG:CC‐WASHNGTON IIIA Project Underway ‐ Carry Forward 53,100 05917661 Public Works escrow refund SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 550,000 05917661 Public Works sale of land SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 1,175,700 05917661 Public Works sale of land SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 4,124,000 05917663 Public Works 156827 SELECT STREET CONSTRUCTION FAIRVIEW BRDGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 532,400  
City Council
 9 – 8
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
05917663 Public Works 196898 SELECT STREET CONSTRUCTION PAVEMENT MANAGEMENT FY 18/19 Pending project reconciliation 3,900 05917663 Public Works 206956 SELECT STREET CONSTRUCTION Gas Tax Local Street Improv Project Closing out ‐ Carry Forward for reconciliation 132,400 05917663 Public Works 206970 SELECT STREET CONSTRUCTION OMNIBUS CONCRETE PR FY19/20 Project still in progress. Carry for ward remaining budget for future expenditures 50,000 05917663 Public Works 216986 SELECT STREET CONSTRUCTION BRIDGE PEVENTATIVE MAINT PROG In design. Waiting for Caltrans g rant fund. Carry forward 32,000 05917663 Public Works 226989 SELECT STREET CONSTRUCTION WESTMINSTER REHAB: NEWHPE‐HARB Project Underway ‐ Carry Forward 90,800 05917663 Public Works 176883 SELECT STREET CONSTRUCTION BRISTOL ST&MEMORY LN INTER WID Project Underway ‐ Carry Forward 400,000 05917663 Public Works 226996 SELECT STREET CONSTRUCTION Pedestrian Improvements Project Underway ‐ Carry Forward 285,000 05917663 Public Works 206957 SELECT STREET CONSTRUCTION MACARTHUR RESUR: FLOWER‐MAIN Project Underway ‐ Carry Forward 126,600 05917663 Public Works 186911 SELECT STREET CONSTRUCTION MAIN ST REHAB: EDINGR TO FIRST Project Underway ‐ Carry Forward 112,400 05917663 Public Works 206958 SELECT STREET CONSTRUCTION MAIN ST REHAB: WARNER‐EDINGER Project Underway ‐ Carry Forward 112,400 05917663 Public Works 226701 SELECT STREET CONSTRUCTION INDUSTRIAL ST PAVEMNT IMPS PH1 Project Underway ‐ Carry Forward 1,200,000 05917665 Public Works 186915 SELECT STREET CONSTRUCTION EUCLID REHAB: HAZARD‐WSTMNSTR Carryforward for project reconcili ation 79,400 05917665 Public Works 196921 SELECT STREET CONSTRUCTION FIRST ST SLURRY & RESURFACING Project started but not completed 20,200 05917665 Public Works 196922 SELECT STREET CONSTRUCTION MAIN ST SLURRY & RESURFACING Carry Forward for project reconcili ation 358,300 05917665 Public Works 196923 SELECT STREET CONSTRUCTION MCFADDEN REHB FAIRVIEW ‐ RAITT In design. Construction planned for early 2023. Carry forward 51,000 05917665 Public Works 196940 SELECT STREET CONSTRUCTION MAIN ST REHAB: DYER TO WARNER Project Underway ‐ Carry Forward 458,700 05917665 Public Works 196941 SELECT STREET CONSTRUCTION ALTON REHAB: RAITT TO BRISTOL Carry Forward for project reconciliation 4,200 05917665 Public Works 196943 SELECT STREET CONSTRUCTION Bristol St Rehab 18/19 McArt‐RR Project Closing out ‐ Carry Forw ard for reconciliation 104,800 05917665 Public Works 196945 SELECT STREET CONSTRUCTION Raitt Slurry & Resuf Edn‐McFad Project Underway ‐ Carry Forward 81,200 05917665 Public Works 196946 SELECT STREET CONSTRUCTION EDINGER AVE REHAB: RAITT‐BRSTL Project Closing out ‐ Carry Forward for reconciliation 118,700 05917665 Public Works 196947 SELECT STREET CONSTRUCTION RAITT ST REHAB: MCFFDN‐CVC CNT Project Underway ‐ Carry Forward 903,300 05917665 Public Works 206953 SELECT STREET CONSTRUCTION MACARTHUR REHAB:SARIVER‐HARBOR Project started but not completed 10,500 05917665 Public Works 206954 SELECT STREET CONSTRUCTION Euclid St Rehab:McFadden to1st In design. Construction planned f or early 2023. Carry forward 1,005,700 05917665 Public Works 206955 SELECT STREET CONSTRUCTION Euclid St Rehab:1st to Hazard In design. Construction planned fo r early 2023. Carry forward 1,138,900 05917665 Public Works 206957 SELECT STREET CONSTRUCTION MACARTHUR RESUR: FLOWER‐MAIN Project is currently under construc tion ‐ carryforward 999,300 05917665 Public Works 206958 SELECT STREET CONSTRUCTION MAIN ST REHAB: WARNER‐EDINGER Project Underway ‐ Carry Forward 372,000 05917665 Public Works 206961 SELECT STREET CONSTRUCTION EUCLID REHAB:C LIMIT‐MCFADDEN Project Underway ‐ Carry Forward 906,300 05917665 Public Works 216975 SELECT STREET CONSTRUCTION Alton Ave Rahab: Main‐Standard In design. Construction planned f or early 2023. Carry forward 737,300 05917665 Public Works 216976 SELECT STREET CONSTRUCTION Flower St Rehab: McFadden‐1st Carry Forward for project reconcil iation 92,800 05917665 Public Works 216977 SELECT STREET CONSTRUCTION McArthur Rehab: Fairview‐Raitt Project Underway ‐ Carry Forward 829,500 05917665 Public Works 216978 SELECT STREET CONSTRUCTION Fairview A Rehab: City L‐Seger Project Underway ‐ Carry Forward 2,078,300 05917665 Public Works 216979 SELECT STREET CONSTRUCTION 17th St Rehab: Bristol‐Flower Project Underway ‐ Carry Forward 995,500 05917665 Public Works 216980 SELECT STREET CONSTRUCTION 17th St Rehab:Fairview‐Bristol Project Underway ‐ Carry Forward 737,200 05917665 Public Works 226991 SELECT STREET CONSTRUCTION Garnsey Business District Impr Under construction until 2023. C arry forward 62,200 05917665 Public Works 226990 SELECT STREET CONSTRUCTION BRISTOL ST REHAB:SNTA CL‐MEMOR Project Underway ‐ Carry Forward 921,700 05917665 Public Works 226987 SELECT STREET CONSTRUCTION GRAND AV REHAB: WARNER‐EDINGR In design. Construction planned fo r early 2023. Carry forward 1,613,200 05917665 Public Works 226988 SELECT STREET CONSTRUCTION MAIN ST REHAB: MACARTHUR‐DYER Project Underway ‐ Carry Forward 1,589,600 05917665 Public Works 226989 SELECT STREET CONSTRUCTION WESTMINSTER REHAB: NEWHPE‐HARB Project Underway ‐ Carry Forward 1,335,900 05917667 Public Works 176893 SELECT STREET CONSTRUCTION WARNER AVE & FLOWER INTERS IMP Project started but not completed 5,600 05917667 Public Works 186922 SELECT STREET CONSTRUCTION CITYWIDE BIKE LN STRIPNG & MAI Project Underway ‐ Carry Forward 29,400 05917668 Public Works 186901 SELECT STREET CONSTRUCTION WARNER AVE IMPRV PH2‐OAK‐GRAND In design. Construction planned f or early 2023. Carry forward 3,764,400 06617620 Public Works 216456 ACQUISITION & CONSTRUCTION INDUSTRIAL ST WATER MAIN PH01 Active, Construction, 10% complete 110,000 06617647 Public Works 216453 ACQUISITION & CONSTRUCTION NE Annexation Septic Sewer Imp Active, Design, 90% complete 1,411,300 06617647 Public Works 216456 ACQUISITION & CONSTRUCTION INDUSTRIAL ST WATER MAIN PH01 Active, Construction, 10% complete 2,389,100 06617647 Public Works 216460 ACQUISITION & CONSTRUCTION EUCLID WATER MAIN IMP Active, Design, 90% complete 2,489,700 06617647 Public Works 216461 ACQUISITION & CONSTRUCTION SOUTH MAIN ST WATER MAIN IMPRO Active, Construction, 90% complete 2,929,100 06617647 Public Works 216462 ACQUISITION & CONSTRUCTION SA‐1 Hydro generator Upgrade Active, Design, 30% complete 1,700,000 06617647 Public Works 216466 ACQUISITION & CONSTRUCTION GROVEMONT ST WATER MAIN IMPR Active, Construction, 90% complete 1,428,200 06617647 Public Works 226468 ACQUISITION & CONSTRUCTION LINCOLN AVE WATER MAIN IMPR Active, Construction, 60% complete 1,267,000 06617647 Public Works 226470 ACQUISITION & CONSTRUCTION WELL 38 PFAS FACILITY Active, Design, 90% complete 100,000  
City Council
 9 – 9
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
06617647 Public Works 226472 ACQUISITION & CONSTRUCTION GARNSEY BUSNESS DST WTR IMP Active, Construction, 30% complete 820,000 06617647 Public Works 226474 ACQUISITION & CONSTRUCTION Pressure Reg Vault Relocation Active, Design, 30% complete 21,000 06617647 Public Works 116413 ACQUISITION & CONSTRUCTION SA-5 VAULT MODIFICATIONS Active, Construction, 60% complete 885,600 06617647 Public Works 136433 ACQUISITION & CONSTRUCTION WELL 32 REHAB Active, Design, 100% complete, Moving to construct ion 100,000 06617647 Public Works 156445 ACQUISITION & CONSTRUCTION BRISTOL PHASE 3A WATER constructed as part of Bristol Widening Project 1,312,800 06617647 Public Works 156446 ACQUISITION & CONSTRUCTION GRAND & ST GERTRUDE WATER IMP Active, Construction, 100% comple te, Pending final payment 1,444,600 06617647 Public Works 166460 ACQUISITION & CONSTRUCTION Advanced Meter Infrastructure Active, Construction, 15% complete 3,736,100 06617647 Public Works 186424 ACQUISITION & CONSTRUCTION WARNER AVE WIDE WTR MAIN IMPR Active, Construction, 50% complete 1,822,700 06617647 Public Works 186491 ACQUISITION & CONSTRUCTION WELL 29 IMPROVEMENTS Active, Design, 100% complete, Moving to co nstruction 6,668,600 06617647 Public Works 196423 ACQUISITION & CONSTRUCTION WASHINGTON WELL SITE IMPROVEME Active, Design, 100% complete, Mo ving to construction 1,110,800 06617647 Public Works 196433 ACQUISITION & CONSTRUCTION EAST STATION SECURITY IMPROV Active, Design, 90% complete 958,700 06617647 Public Works 196438 ACQUISITION & CONSTRUCTION Ritchey St Water Main Reloc Active, Construction, 15% complete 2,657,900 06617647 Public Works 196439 ACQUISITION & CONSTRUCTION SA-7 Pressure Reducing Reloc Active, Construction, 15% complete 2,856,300 06617647 Public Works 196440 ACQUISITION & CONSTRUCTION SR-55 Water Main Reloc Active, Construction, 15% complete 2,405,600 06617647 Public Works 196496 ACQUISITION & CONSTRUCTION SA-2 VAULT IMPROVEMENTS Active, Design, 10% complete 775,000 06617647 Public Works 206433 ACQUISITION & CONSTRUCTION Warner Main Imp Bristol-Oak Active, Design, 10% complete 141,200 06617647 Public Works 206435 ACQUISITION & CONSTRUCTION PR Vault Power & Control Impr Active, Design, 10% complete 100,000 06617647 Public Works 216445 ACQUISITION & CONSTRUCTION EAST & WEST CHLORINE BUILDING Active, Design, 90% complete 1,998,500 08009053 Human Resources 220501 LIABILITY AND PROPERTY INS FND 5TH FL‐ADA COMPLIANCE Project started but not completed 877,500 08009053 Human Resources 220503 LIABILITY AND PROPERTY INS FND BASE MENT DAMAGES Project started but not completed 43,200 08009053 Human Resources 220504 LIABILITY AND PROPERTY INS FND CCHA MBER‐ADA COMPL Project started but not completed 128,800 08009053 Human Resources 220505 LIABILITY AND PROPERTY INS FND CH‐S ECURITY HARDENING Project started but not completed 920,000 13518783 Community Development 197527 COMMUNITY DEV BLOCK GRANT/ES G SANTA ANITA SOCCER FIELD GY18; Active ‐ Construction, 25% compl ete. 510,300 13518783 Community Development 217533 COMMUNITY DEV BLOCK GRANT/ES G Campesino Park Restrooms GY18; Active ‐ Construction, 70% compl ete. 33,000 13518783 Community Development 217534 COMMUNITY DEV BLOCK GRANT/ES G Memorial Park Restrooms GY17; Active ‐ Construction, 70% comple te. 80,200 13518783 Community Development 217534 COMMUNITY DEV BLOCK GRANT/ES G Memorial Park Restrooms GY18; Active ‐ Construction, 70% comple te. 54,000 13518783 Community Development 217535 COMMUNITY DEV BLOCK GRANT/ES G Madison Park Restrooms GY17; Active ‐ Construction, 70% complet e. 10,600 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ES G STREET IMPROVEMENT ‐ GY17; Active ‐ Construction, 60% complete 133,300 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ES G STREET IMPROVEMENT ‐ GY18; Active ‐ Construction, 60% complete 130,900 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ES G STREET IMPROVEMENT ‐ GY19; Active ‐ Construction, 60% complete 100,200 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ES G STREET IMPROVEMENT ‐ GY20; Active ‐ Construction, 60% complete 99,500 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ES G STREET IMPROVEMENT ‐ GY20; Active ‐ Construction, 60% complete 413,200 13518783 Community Development 227534 COMMUNITY DEV BLOCK GRANT/ES G ACTIVE TRANSPORTATION GY21; Active ‐ Construction, 30% complet e 355,100 13518783 Community Development 227535 COMMUNITY DEV BLOCK GRANT/ES G SIDEWALK IMPROVEMENT GY21; Active‐ ‐ Construction to start mid‐ August 379,900 13518783 Community Development 227536 COMMUNITY DEV BLOCK GRANT/ES G SANTA ANITA PARK PHASE II GY21; Active ‐ Construction, 25% comp lete. 600,000 13518783 Community Development 237533 COMMUNITY DEV BLOCK GRANT/ES G SANTA ANITA PARK PHASE III GY16 Active ‐ Construction, 25% comp lete. 11,600 14717611 Public Works 176875 FEDERAL AID SAFETY PROGRAM CITYWIDE TRAFFC SIG VEHICLE UP Pending project reconciliation 155,600 14717611 Public Works 176876 FEDERAL AID SAFETY PROGRAM CROSSWALK UPGRADES‐PHASE II Pending project reconciliation 116,300 14717611 Public Works 176894 FEDERAL AID SAFETY PROGRAM EUCLID ST & HAZARD AVE SIGL MO Working on project close out. Carryforward 1 0,900 14717611 Public Works 176897 FEDERAL AID SAFETY PROGRAM FLOWER ST SAFETY ENHANCEMENTS Working on project close out. Carryforward 4 7,600 14717611 Public Works 186918 FEDERAL AID SAFETY PROGRAM MAIN ST & 15TH ST TRAFFIC SIGN In construction, carryforward 435,600 14717611 Public Works 186919 FEDERAL AID SAFETY PROGRAM 1ST/JACKSON & 5TH/EUCLID SIGNL August 16, 2022 ‐ Award construction, 19,00 0 14717611 Public Works 226995 FEDERAL AID SAFETY PROGRAM BRISTOL ST & SANTA CL SIGN MOD Under design, carryforward 23,800 14717611 Public Works 226994 FEDERAL AID SAFETY PROGRAM SAFE MOBILITY SA UPDATE Underway, carryforward 140,400 14817613 Public Works 166850 TRAFFIC SYSTEM MGMT GRANT COMPLETE ST PLANS ATP ID#0752 Pending project reconciliation 3,000 14817613 Public Works 196944 TRAFFIC SYSTEM MGMT GRANT 1ST PED IMPROV: FLOWER‐STANDAR Project underway ‐ Carry Forward 4,032,000 14817613 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Davis Elementary SRTS Project underway ‐ Carry Forward 4,834,000 14817613 Public Works 176730 TRAFFIC SYSTEM MGMT GRANT CITYWIDE SAFE ROUTES TO SCHOOL Pending project reconciliation 28,700 14817613 Public Works 176801 TRAFFIC SYSTEM MGMT GRANT CIVIC CENTER DRIVE BIKE BLVD Project Closing out ‐ Carry Forward for reconciliation 61,400 14817613 Public Works 176802 TRAFFIC SYSTEM MGMT GRANT LINCOLN PEDESTRIAN TRAIL Project Closing out ‐ Carry Forward for reconciliation 27,400  
City Council
 9 – 10
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
14817613 Public Works 176880 TRAFFIC SYSTEM MGMT GRANT SANTA ANA BLVD & 5TH BIKE LANE Project underway ‐ Carry Forward 986,400 14817613 Public Works 176885 TRAFFIC SYSTEM MGMT GRANT EDINGER PROTECTED BIKE LANES Project Closing out ‐ Carry Forward for reconciliation 10,600 14817613 Public Works 176886 TRAFFIC SYSTEM MGMT GRANT SRTS ENHNC‐SEPULVEDA ELEMNTARY Project Closing out ‐ Carry Forward for grant reconciliation 700 14817614 Public Works 196944 TRAFFIC SYSTEM MGMT GRANT 1ST PED IMPROV: FLOWER‐STANDAR Project underway ‐ Carry Forward 118,000 14817614 Public Works 196948 TRAFFIC SYSTEM MGMT GRANT W WILLITS PROTECTED BIKE LANES Project underway ‐ Carry Forward 2,465,800 14817614 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Davis Elementary SRTS Grant project underway ‐ Carry Forward 200 14817614 Public Works 206962 TRAFFIC SYSTEM MGMT GRANT MCFADDEN PROT BIK LN HAR‐GRAND Project underway ‐ Carry Forward 6,355,800 14817614 Public Works 206963 TRAFFIC SYSTEM MGMT GRANT KENNEDY & VILLA SRTS Project underway ‐ Carry Forward 1,348,900 14817614 Public Works 206964 TRAFFIC SYSTEM MGMT GRANT FREMONT & SPURGEON SRTS Project underway ‐ Carry Forward 5,012,400 14817614 Public Works 206965 TRAFFIC SYSTEM MGMT GRANT STANDARD AVE PROT BK LN: 3‐WAR Project underway ‐ Carry Forward 5,647,800 16113263 Parks & Recreation 202731 PRCSA CAPITAL GRANTS SANTIAGO MAIN ST ENTRANCE Active ‐ Design, 50% complete. Estimated 213,300 16113263 Parks & Recreation 212741 PRCSA CAPITAL GRANTS 17th ST TRIANGLE PARK Active ‐ Design, 10% complete. Estimated 503,400 16113264 Parks & Recreation 202729 PRCSA CAPITAL GRANTS STANDARD‐MCFADDEN NEW Active ‐ Design, 15% complete. Estimated 3,461,900 16113264 Parks & Recreation 202730 PRCSA CAPITAL GRANTS RAITT & MYRTLE NEW PARK Active ‐ Constructio n, 25% complete. Estimated 1,201,300 16113268 Parks & Recreation 197527 PRCSA CAPITAL GRANTS SANTA ANITA SOCCER FIELD Active ‐ Constructi on, 25% complete. Estimated 1,000,000 16417641 Public Works 136433 PUB WKS‐WTR QUALITY & CONTROL WELL 32 REHAB Active, Design, 100% complete, Moving to 750,000 16417641 Public Works 166460 PUB WKS‐WTR QUALITY & CONTROL Advanced Meter Infrastructure Active, Construction, 15% complete 1,500,000 16417641 Public Works 196423 PUB WKS‐WTR QUALITY & CONTROL WASHINGTON WELL SITE IMPROVEME Active, Design, 100% complete, Moving to 750,000 16417641 Public Works 216462 PUB WKS‐WTR QUALITY & CONTROL SA‐1 Hydrogenerator Upgrade Active, Design, 30% complete 300,000 16417641 Public Works 226470 PUB WKS‐WTR QUALITY & CONTROL WELL 38 PFAS FACILITY Active, Design, 90% complete 2,000,000 16417642 Public Works 166460 PUB WKS‐WTR QUALITY & CONTROL Advanced Meter Infrastructure Active, Construction, 15% complete 342,200 16417643 Public Works 226621 PUB WKS‐WTR QUALITY & CONTROL RAITT & MYRTLE PARK PROJECT Active, Construction, 10% complete 1,647,000 16417644 Public Works 226622 PUB WKS‐WTR QUALITY & CONTROL DTSA Flood Red & Storwtr Infil Active, Design, 30% complete 3,684,200 22317660 Public Works 196617 LOCAL DRAINAGE AREA III D‐03 CHANNEL IMPR AT ALTON AVE Project started but not completed 38,700 22417660 Public Works 206618 LOCAL DRAINAGE AREA IV Warner Storm Dr ain Imp: Ph1 Project underway ‐ Carry Forward 7,200 22417660 Public Works 146802 LOCAL DRAINAGE AREA IV WARNER AVE WDNG :MAIN‐OAK PH I Project underway ‐ Carry Forward 21,400 22417660 Public Works 116741 LOCAL DRAINAGE AREA IV Bristol Wdng‐Wr nr/St Andrw IV Project underway ‐ Carry Forward 231,500 30113260 Parks & Recreation 162662 REC/COMM SVS LAND CONVERSION/RSCCD Close out phase; 99% complete; 9/22 estima ted completion date 126,900 31113260 Parks & Recreation 197527 RESIDENTIAL DEVELOP DISTRICT 1 SANTA ANITA SOCCER FIELD Construction Phase; Estimated Completio n FY23/24; 25% Complete 1,900,000 31113260 Parks & Recreation 202714 RESIDENTIAL DEVELOP DISTRICT 1 EL SALVADOR BB CRT & LIGHITNG Closeout phase; 99% complete; Est. completion 8/22 17,000 31113260 Parks & Recreation 202717 RESIDENTIAL DEVELOP DISTRICT 1 RIVERVW BALLFIELD SPORT LTNG Closeout phase; 99% complete; Est. completion 8/22 7,300 31213260 Parks & Recreation 152645 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% complete; Est. completion 10/22 956,900 31213260 Parks & Recreation 182688 RESIDENTIAL DEVELOP DISTRICT 2 SECURITY LIGHTING MORRISON PK 59,500 31213260 Parks & Recreation 202731 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO MAIN ST ENTRANCE DESI Design Phase; 50% complete; Est. completion 6/23 133,800 31213260 Parks & Recreation 212727 RESIDENTIAL DEVELOP DISTRICT 2 31213260 CABRILLO IRRIG RENOVA Construction Phase; 69% complete; Est. completion 10/22 574,900 31213260 Parks & Recreation 222752 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIM SYNTHETIC TURF Construction Phase; 99% complete; Est. completion 8/22 117,300 31213260 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIUM SCOREBOARD Construction Phase; 25% complete; Es t. completion 11/22 23,800 31213261 Parks & Recreation 152645 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% complete; Est. completion 10/22 438,300 31213261 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIUM SCOREBOARD Construction Phase; 25% complete; Es t. completion 11/22 54,000 31313260 Parks & Recreation 162658 RESIDENTIAL DEVELOP DISTRICT 3 SA ZOO GIANT RIVER OTTER HABIT Construction Phase; 56% complete; Est. completion 12/22 4,953,000 31313260 Parks & Recreation 202729 RESIDENTIAL DEVELOP DISTRICT 3 STANDARD‐MCFADDEN NEW PARK Design Phase. 15% Complete; Estimated Completion FY23/24 373,400 31313260 Parks & Recreation 212726 RESIDENTIAL DEVELOP DISTRICT 3 PE BIKE TRAIL PHASE II Design Phase. 60% Complete; Estimated Com pletion FY23/24 495,100 31313260 Parks & Recreation 212728 RESIDENTIAL DEVELOP DISTRICT 3 31313260 SANDPOINTE SECUR LTNG Design Phase. 60% Complete; Estim ated Completion FY23/24 293,300 31313260 Parks & Recreation 212740 RESIDENTIAL DEVELOP DISTRICT 3 FLOWER ST BIKE TRAIL RENOVATIO Pre‐Award; 20% Complete; Est. Com pletion 6/23 893,000 31313261 Parks & Recreation 162658 RESIDENTIAL DEVELOP DISTRICT 3 SA ZOO GIANT RIVER OTTER HABIT Construction Phase; 56% complete; Est. completion 12/22 124,800 31413260 Parks & Recreation 182681 RESIDENTIAL DEVELOP DISTRICT 4 CENTENNIAL LAKE CIRCUL DESIGN Design Phase Completed. Need proje ct adjustments 48,700 41718820 Community Development Various CDA INCLUSIONARY HOUSING FEE Inclusionary Housing Fee Project started but not completed 3,111,400 41818830 Community Development 179001 CDA CAPITAL PROJECTS Peebler Fund Capital Projects Project started but not completed 1,682,300 41818831 Community Development Various CDA CAPITAL PROJECTS South Main Redevelopment Project Project started but not completed 142,100 41818832 Community Development Various CDA CAPITAL PROJECTS Affordable Housing AHSC PRGM Project started but not completed 22,500 1 punch list item needing completion; est. completion 9/22; construction  
City Council
 9 – 11
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
41818832 Community Development 229001 CDA CAPITAL PROJECTS Affordable Housing AHSC PRGM Project started but not completed 1,819,100 99217950 Public Works 146802 TRAN SYS IMP AUT AREA B WARNER AVE WDNG:MAIN‐OAK PH I Project underway ‐ Carry Forward 2,682,400 99217950 Public Works 186901 TRAN SYS IMP AUT AREA B WARNER AVE IMPRV PH2‐OAK‐GRAND Project underway ‐ Carry Forward 485,700 Subtotal for Construction Projects 250,489,700
All Other Funds
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount
01213020 Parks & Recreation 212743 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 25,500 01213020 Parks & Recreation 202739 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 212748 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 212749 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 202736 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 202737 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF SHADE STRUCTURE Encumbrance Carry Forward 107,700 01213020 Parks & Recreation 222761 CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF CONCRETE PAD Encumbrance Carry Forward 24,900 01213020 Parks & Recreation 222762 CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF CONCRETE PAD Encumbrance Carry Forward 24,900 01213020 Parks & Recreation 212500 CANNABIS PUBLIC BENEFIT FUND FORD TRANSIT T‐350 CREW VAN Encumbrance Carry Forward 84,300 01213020 Parks & Recreation 222500 CANNABIS PUBLIC BENEFIT FUND FORD TRANSIT T350 VAN Encumbrance Carry Forward 68,700 01213020 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND Funding for PAAL Program or Facilit ies Project started but not completed 500,000 01213021 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND Youth Defense Fund Project started b ut not completed 200,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CHEVY COLORADO TRUCK Encumbrance Carry Forward 37,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CLEANING KIT Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND FILTER Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND TRIPOD Encumbrance Carry Forward 300 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND UV PROTECTOR Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CANON CAMERA Encumbrance Carry Forward 4,600 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND Code Enforcement Work Stations Proje ct started but not completed 30,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND Code Enforcement Work Stations Proje ct started but not completed 85,000 02917019 Public Works N/A SPECIAL GAS TAX Gas tax funded street construction projects 20,718,600 02917620 Public Works 226720 SPECIAL GAS TAX 21‐22 Traffic Signal Maint Encumbrance Carry Forward 33,500 02917620 Public Works 226720 SPECIAL GAS TAX 21‐22 Traffic Signal Maint Encumbrance Carry Forward 91,500 02917660 Public Works N/A SPECIAL GAS TAX Sidewalk Repairs Project started but not complete d 2,399,900 03116510 Planning & Building N/A AIR QUALITY IMPR. (AB 2766) Electric Vehicles (EV) for Building Safety staff Project started but not completed 40,000 03117101 Public Works N/A AIR QUALITY IMPR. (AB 2766) CHEVROLET BOLT EV Encumbrance Carry Forward 33,700 05113263 Parks & Recreation 212747 CAPITAL OUTLAY FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 16,100 05113263 Parks & Recreation 212746 CAPITAL OUTLAY FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 16,100 05113263 Parks & Recreation 222757 CAPITAL OUTLAY FUND TRASH/RECYCLE RECEPTACLE Encumbrance Carry Forward 616,500 05617640 Public Works N/A SANITARY SEWER SERVICE SEWER MAIN INSPECTION SERVICES Encumbrance Carry Forward 8,700 05617640 Public Works N/A SANITARY SEWER SERVICE CHEVROLET SILVERADO 2500HD TRUCK Encumbrance Carry Forward 45,900 05617640 Public Works N/A SANITARY SEWER SERVICE SEWER MAIN INSPECTION SERVICES Encumbrance Carry Forward 300,800 06017019 Public Works N/A WATER Water fund (60) to Acquisition & Co nstruction fund (66) Transfer to fund water projects under Fund 66 18,378,400 06017640 Public Works N/A WATER CHEVROLET 3500HD TRUCK W DBL CAB Encumbrance Carry Forward 166,400 06017640 Public Works N/A WATER CHEVROLET 3500HD TRUCK W DBL CAB Encumbrance Carry Forward 83,200 06017640 Public Works N/A WATER CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 145,600 06017640 Public Works N/A WATER CHANGE ORDER Encumbrance Carry Forward 45,900 06017641 Public Works N/A WATER FORD F550 SD FLATBED DUMP TRUCK Encumbrance Carry Forward 75,400 06017641 Public Works N/A WATER CHANGE ORDER Encumbrance Carry Forward 14,000 06017641 Public Works N/A WATER FORD F550 SD VALVE TRUCK Encumbrance Carry Forward 103,100 Highway Users Tax, Roadway Maintenance Rehabilitation Program, Senate Bill 1 funded on‐going projects
Project Status
 
City Council
 9 – 12
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
06017641 Public Works N/A WATER CNG WATER TANK TRUCK Encumbrance Carry Forward 280,300 06017645 Public Works N/A WATER CHEVROLET TRAVERSE Encumbrance Carry Forward 32,000 06017645 Public Works N/A WATER CHEVROLET COLORADO Encumbrance Carry Forward 155,900 06017645 Public Works N/A WATER Pre‐paid Payment Services Lease for Invoice Cloud Kiosk Pro ject started but not completed 57,900 06017646 Public Works N/A WATER CHEVROLET SILVERADO 2500HD TRUCK Encumbrance Carry Forward 69,900 06817640 Public Works N/A SANITATION FUND CHANGE ORDER 1 Encumbrance Carry Forward 8,700 06817640 Public Works N/A SANITATION FUND PALFINGER GRAPPLE TRUCK Encumbrance Carry Forward 310,500 06817640 Public Works N/A SANITATION FUND CHEVROLET 3500HD TRUCK W STD CAB Encumbrance Carry Forward 370,000 06817640 Public Works N/A SANITATION FUND FORD F550 SD STAKE BED TRUCK Encumbrance Carry Forward 251,400 06817640 Public Works N/A SANITATION FUND Purchase of Heavy Equipment/Vehicles Project star ted but not completed 314,100 06817641 Public Works N/A SANITATION FUND MINI STREET SWEEPER Encumbrance Carry Forward 20,100 06817641 Public Works N/A SANITATION FUND City Yard Admin floor renovations with ADA upgra des Project started but not completed 500,000 06917640 Public Works N/A REFUSE COLLECTION SERVICE SOLID WASTE CONSULTING SERVICE Encumbrance Carry Forward 34,200 06917640 Public Works N/A REFUSE COLLECTION SERVICE RECYCLING EDU PROGRAM Encumbrance Carry Forward 67,500 06917640 Public Works N/A REFUSE COLLECTION SERVICE FORD ESCAPE Encumbrance Carry Forward 30,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD SUPER DUTY F450XL CHASSIS Encumbrance Carry Forward 40,800 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD INTERCEPTOR UTILITY Encumbrance Carry Forward 42,300 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD POLICE INTERCEPTORS Encumbrance Carry Forward 742,300 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD INTERCEPTOR UTILITY Encumbrance Carry Forward 126,700 07017100 Public Works N/A EQUIPMENT REPLACEMENT BMW R 1250 RT‐P MOTORCYCLE Encumbrance Carry Forward 30,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT ELECTRIC UTILITY GOLF CART Encumbrance Carry Forward 20,000 07017100 Public Works N/A EQUIPMENT REPLACEMENT ELECTRIC UTILITY GOLF CART Encumbrance Carry Forward 28,400 07017100 Public Works N/A EQUIPMENT REPLACEMENT HYDRAULIC HAMMER Encumbrance Carry Forward 15,100 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD TRANSIT CONNECT WAGON Encumbrance Carry Forward 35,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT TORO GTX ELECTRIC CART Encumbrance Carry Forward 75,800 08009052 Human Resources N/A LIABILITY AND PROPERTY INS FND Contract for Learning Management System Project started but not completed 92,3 00 08209052 Human Resources N/A WORKERS COMPENSATION FUND Contract for Learning Management Syste m Project started but not completed 46,200 08209052 Human Resources N/A WORKERS COMPENSATION FUND Completion of Phone Headsets purchase P roject started but not completed 6,700 10117601 Public Works N/A PUB WKS‐ADMIN & PLANNING Furniture Purchase Project started but n ot completed 188,000 10117601 Public Works N/A PUB WKS‐ADMIN & PLANNING Indirect Cost Rate Proposal Project star ted but not completed 187,600 10920149 Information Technology N/A INFORMATION TECHNOLOGY REPLACE 15 TN & 10 TN CRAC UNITS Encumbrance Carry Forward 232,300 10920149 Information Technology N/A INFORMATION TECHNOLOGY REPAIR SERVICE:EATON 93PM SERIES Encumbrance Carry Forward 101,800 10920149 Information Technology N/A INFORMATION TECHNOLOGY EQUIPMENT: HPE DHCI Encumbrance Carry Forward 387,900 10920149 Information Technology N/A INFORMATION TECHNOLOGY Business License Tax Software Project star ted but not completed 250,000 10920149 Information Technology N/A INFORMATION TECHNOLOGY Business License Tax Software Project star ted but not completed 50,000 12217331 Public Works N/A EMERGENCY AND HEALTH GRANTS CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 236,300 12217331 Public Works N/A EMERGENCY AND HEALTH GRANTS CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 58,300 12218715 Community Development Various EMERGENCY AND HEALTH GRANTS HHAP GRANT Project started but not completed 1,023,900 12218716 Community Development Various EMERGENCY AND HEALTH GRANTS HHAP‐2 GRANT Project started but not completed 1,123,200 12318748 Community Development 227001 WORKFORCE INNOV AND OPP ACT 12318748 WDB ADMIN Encumbrance Carry Forward 3,100 12318750 Community Development 217002 WORKFORCE INNOV AND OPP ACT 12318750 WDB YOUTH COUNCIL Encumbranc e Carry Forward 36,100 12318750 Community Development 227002 WORKFORCE INNOV AND OPP ACT 12318750 WDB YOUTH COUNCIL Encumbranc e Carry Forward 154,400 12318756 Community Development 227007 WORKFORCE INNOV AND OPP ACT 12318756 ONE STOP RAPID Encumbrance Carry Forward 2,500 12318756 Community Development 227007 WORKFORCE INNOV AND OPP ACT TABLE COVER & RETRACTABLE BANNER Encumbrance Carry Forward 1,300 12318762 Community Development Various WORKFORCE INNOV AND OPP ACT National DLW Employment Recovery COVID‐19 Funds Project end date 03/31/2023 75,600 12318 various Community Development Various WORKFORCE INNOV AND OPP ACT WIOA Grant Program Project end date is 06/30/2023 752,400 12418750 Community Development 237103 ORANGE COUNTY GRANTS 12418811 OC SA B IF PROGRAM Project started but not completed 12,700 12418811 Community Development 237103 ORANGE COUNTY GRANTS 12418811 OC SA B IF PROGRAM Project started but not completed 1,200, 000 12814414 Police Department N/A LAW ENFORCEMENT GRANTS CHILDRENS HYGIENE KIT Encumbrance Carry Forward 300 12814414 Police Department N/A LAW ENFORCEMENT GRANTS FREIGHT Encumbrance Carry Forward 1,200  
City Council
 9 – 13
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
12814414 Police Department N/A LAW ENFORCEMENT GRANTS SHELTER CART KIT Encumbrance Carry Forward 13,400 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2018; period of performance ends 8/2026 1,660,400 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2019; period of performance ends 8/2027 1,735,000 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2020; period of performance ends 8/2028 2,153,300 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2021; period of performance ends 8/2029 1,726,700 13518780 Community Development 227502 COMMUNITY DEV BLOCK GRANT/ESG FAIR HOUSING COUNCIL OF ORANGE COU NTY Encumbrance Carry Forward 7,700 13518780 Community Development 227500 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carr y Forward 30,200 13518780 Community Development 227501 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carr y Forward 200 13518780 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2021; period of perfor mance ends 126,000 13518782 Community Development 227531 COMMUNITY DEV BLOCK GRANT/ESG HABITAT FOR HUMANITY Encumbrance Ca rry Forward 300,600 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2018; period of perfor mance ends 10,700 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2019; period of perfor mance ends 534,000 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2020; period of perfor mance ends 168,800 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2021; period of perfor mance ends 68,300 13518783 Community Development 227509 COMMUNITY DEV BLOCK GRANT/ESG BOYS & GIRLS CLUBS OF CENTRAL ORANGE COAST Encumbrance Carry Forward 7,300 13518783 Community Development 227516 COMMUNITY DEV BLOCK GRANT/ESG DELHI COMMUNITY CENTER Encumbrance Carry Forward 4,500 13518783 Community Development 227515 COMMUNITY DEV BLOCK GRANT/ESG DELHI COMMUNITY CENTER Encumbrance Carry Forward 12,700 13518783 Community Development 227517 COMMUNITY DEV BLOCK GRANT/ESG GIRLS INCORPORATED OF ORANGE COUNTY Encumbrance Carry Forward 25,400 13518783 Community Development 227511 COMMUNITY DEV BLOCK GRANT/ESG COMMUNITY HEALTH INITIATIVE Encumbrance Carry Forward 19,300 13518783 Community Development 227522 COMMUNITY DEV BLOCK GRANT/ESG ORANGE COUNTY CHILDRENS THERAPEUTIC ARTS CENTER Encumbrance Carry Forward 12,900 13518783 Community Development 227518 COMMUNITY DEV BLOCK GRANT/ESG HUMAN OPTIONS INC Encumbrance Carry Forward 14,500 13518783 Community Development 227510 COMMUNITY DEV BLOCK GRANT/ESG COMMUNITY ACTION PARTNERSHIP Encumbrance Carry Forward 26,800 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2018; period of perfor mance ends 31,300 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2019; period of perfor mance ends 375,700 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2020; period of perfor mance ends 1,740,100 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2021; period of perfor mance ends 345,100 13518785 Community Development 227607 COMMUNITY DEV BLOCK GRANT/ESG WISE PLACE INC Encumbrance Carry Forward 27,900 13518785 Community Development 227605 COMMUNITY DEV BLOCK GRANT/ESG MERCY HOUSE LIVING CENTERS Encumbrance Carry Forward 2,400 13518785 Community Development 227606 COMMUNITY DEV BLOCK GRANT/ESG MERCY HOUSE LIVING CENTERS Encumbrance Carry Forward 47,200 13518785 Community Development 227603 COMMUNITY DEV BLOCK GRANT/ESG INTERVAL HOUSE Encumbrance Carry Forward 22,500 13518788 Community Development 219508 COMMUNITY DEV BLOCK GRANT/ESG FAMILIES FORWARD INC Encumbrance Carry Forward 17,700 13518788 Community Development 219507 COMMUNITY DEV BLOCK GRANT/ESG MOMS ORANGE COUNTY Encumbrance Carry Forward 7,200 13518788 Community Development 219500 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 3,700 13518788 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Community Development Block Grant Year 2020; Period of perfor mance ends 646,000 13518789 Community Development 217613 COMMUNITY DEV BLOCK GRANT/ESG THE SALVATION ARMY Encumbrance Carry Forward 1,059,800 13518789 Community Development 217615 COMMUNITY DEV BLOCK GRANT/ESG THE ILLUMINATION FOUNDATION Encumbrance Carry Forward 576,700 13518789 Community Development 227750 COMMUNITY DEV BLOCK GRANT/ESG PROTECTION AMERICA, INC. Encumbrance Carry Forward 7,300 13518789 Community Development 227608 COMMUNITY DEV BLOCK GRANT/ESG THE SALVATION ARMY Encumbrance Carry Forward 638,200 13518789 Community Development 217610 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 2,200 13518789 Community Development 227609 COMMUNITY DEV BLOCK GRANT/ESG FAMILIES FORWARD INC Encumbrance Carry Forward 81,200 13518789 Community Development Various COMMUNITY DEV BLOCK GRANT/E SG Emergency Solutions Grant ‐ CV Grant Year 2020; Period of per formance ends 1,692,200 14018760 Community Development N/A HOUSING AUTHORITY‐VOUCHER ADM SUBSCRIPTION: SMARTVAULT PLAN Encumbrance Carry Forward 5,000 14218760‐2 Community Development N/A NSP FEDERAL GRANT NEIGHBORHOOD STABILIZE PRGM 1‐3 Project underway ‐ Carry Forward 1,644,000 14518760 Community Development 227700 RENTAL REHABILITATION GRANT Westview House LP ‐ Affordable Housing Project Loan 10% of loan proceeds held back until after 3 8,700 15818700 Community Development 217763 PLANNING GRANTS PROGRAM 15818700 PLHA Project started but not completed 138,400 16217600 Public Works 216467 ENERGY CONSERVATION PROGRAM Microgrid Feasibility Study Project is active 104,900 16514414 Police Department 224505 OFFICE OF SAFETY GRANT OFFICE OF TRAFFIC SAFETY (OTS) CFs are for FY 21‐22 grant agreement and will be 133,700 16517611 Public Works 226984 OFFICE OF SAFETY GRANT OFFICE OF TRAFFIC SAFETY (OTS) Consultant Encumbrance Carry Forward 44,700 16517611 Public Works 226984 OFFICE OF SAFETY GRANT OTS BICYCLE & PED SAFETY EDU CFs are for FY 21‐22 grant agreemen t and will be spent by 9/30/2022. 20,000 16913265 Parks & Recreation N/A RECREATION GRANTS FUND NRPA Health Grant Until funds are expensed 4,100  
City Council
 9 – 14
9/20/2022
 

List of Requests to Carryover Unspent Appropriations
FY21‐22 Balances to FY22‐23
As of August 5, 2022
Accounting Unit Department
Project
Activity # Fund Description Project Description
Carry Forward
Up To Amount Project Status
17718700 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance Project started but not completed 90,600 17718701 Community Development 227753 EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance‐ 2 Encumbrance Carry Forward 952,800 17718701 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance‐ 2 Project started but not completed 519,100 17718702 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance 2 ‐ State Project started but not completed 7,310,500 17803011 City Manager None COVID‐19 RESPONSE Health and Equity Literacy Planned completion date of 6/30/2023 3,862,300 17918760 Community Development N/A ARPA EHV HAP American Rescue Plan Act (ARPA) ‐ EHVC HAP Project underway ‐ Ca rry Forward 1,184,700 18018760 Community Development N/A ARPA EHV ADMIN FEES American Rescue Plan Act (ARPA) ‐ EHVC ADMIN FEES Project underw ay ‐ Carry Forward 184,900 18218780 Community Development N/A HOME‐ARP PROGRAM FEDERAL GRANT Home‐American Rescue Plan Grant Year 2021; period of performance ends 9/2030 6,167,100 31213260 Parks & Recreation 222752 RESIDENTIAL DEVELOP DISTRICT 2 FIELDTURF REPLACMENT Encumbrance Carry Forward 542,800 31213260 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 SCOREBOARD AND SOUND SYSTEM Encumbrance Carry Forward 377,400 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE COMMERCIAL WASHER & DRYER ‐ GAS Encumbrance Carry Forward 3,100 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE KOROGUARD INSTALLATION Encumbrance Carry Forward 84,900 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE PRESSURE WASHING SERVICES Encumbrance Carry Forward 6,000 41718820 Community Development 167751 CDA INCLUSIONARY HOUSING FEE Housing Opportunity Ordinance Encumbrance Carry Forward 4,200 41718820 Community Development 217752 CDA INCLUSIONARY HOUSING FEE WISEPLACE Encumbrance Carry Forward 11,600 41718820 Community Development N/A CDA INCLUSIONARY HOUSING FEE Loans and Grants for Inclusionary H ousing Project started but not completed 1,328,400 Subtotal for All Other Funds 95,236,600
Grand Total for Carry Forward 418,886,100
Summary by Department Summary by Category
Department
Carry Forward
Up To Amount Category
Carry Forward
Up To Amount
City Attorney 514,100 Computer Software 747,2 00 City Manager 7,755,800 Construction in Progress 2 92,382,200 Clerk of the Council 100,000 Contract Services 2,351 ,000 Community Development 55,914,000 Equipment 11,854,600 Finance 1,626,500 Furniture 452,600 Fire ‐Fire Stations 1,050,000 Interfund Transfers 39,097 ,000 Human Resources 2,138,600 Supplies 188,600 Information Technology 6,399,300 Traffic Signal Maintenanc e 125,000 Library 10,982,200 Various Grant Programs 71,687 ,900 Non‐Departmental 69,000 Grand Total 418,886,100 Parks & Recreation 54,840,100
Planning & Building 1,142,700
Police Department 4,183,500
Public Works 272,170,300
Grand Total 418,886,100
 
City Council
 9 – 15
9/20/2022
 

List of Requests to Carryover Unspent Appropriations by Fund FY21‐22 Balances to FY22‐23
As of August 5, 2022
FY21‐22
Fund Fund Name Budget Expenditures   Available Balance as of August 05, 2022
Carry Forward
Up To Amount
011 General Fund ‐ City Manager 2,774,20 0          2,332,031            442,169 290,000 011
General Fund ‐ Council Support 879,280              518,132                361,148 100,000 011
General Fund ‐ City Attorney 3,049,220          2,412,317            636,903 25,000 011 General Fund ‐ Finance 11,253,390        9,176,033            2,077,357   1,223,700 011
General Fund ‐ Library Services 6,808,530          5,519,131            1,289,399 931,700 011
General Fund ‐ Recreation & Community Services 26,171,661        21,848,541          4,323,120   2,429,500 011
General Fund ‐ Police Department 141,141,700      137,164,536        3,977,164   3,291,000 011
General Fund ‐ Fire Department 53,293,690        50,618,773          2,674,917   1,050,000 011
General Fund ‐ Planning & Building 16,457,606        14,296,016          2,161,590   502,300 011
General Fund ‐ PWA 27,630,553        15,290,050          12,340,503 11,536,300 011 General Fund ‐ Community Development 6,225,243           3,587,64 0            2,637,603 1,475,500 012
Cannabis Set‐Aside ‐ Library 2,000,000          533,263                1,466,73 7   1,466,100 012
Cannabis Set‐Aside ‐ Parks, Rec, & Comm Serv 20,888,149        3,426,150            17,461,999 17,461,900 012 Cannabis Set‐Aside ‐ Planning & Building 1,023,97 0          487,903                536,067 157,200 022
PRCSA FEES & DONATION 1,218,500          242,764                975,736 948,800 029
SPECIAL GAS TAX 41,220,538        13,038,361          28,182,177 27,243,500 031 AIR QUALITY IMPR. (AB 2766) 1,737,511           373,95 6                1,363,555 73,700 032 MEASURE M‐STREET CONSTRUCTION 58,062,222        12,190,909          45,871,313 45,923,900                (A) 034 NEW TRANSPO SYS IMPR AREA E 1,408,900          117,665                1,291,235 1,291,400 035
NEW TRANSPO SYS IMPR AREA F 1,354,008          150,854                1,203,154   1,203,300 051
CAPITAL OUTLAY FUND 5,659,223          1,544,762            4,114,461 4,103,200
054
SANITARY SEWER CAPITAL 20,543,787        4,970,499            15,573,288 13,089,500 055 SEWER CONNECTION FEE 11,314,395         2,380,91 4            8,933,481 7,947,400 056
SANITARY SEWER SERVICE 9,760,888          7,916,937            1,843,951 355,400 057
FED CLEAN WATER PROTECTION ENT 6,055,711          4,258,82 4            1,796,887   1,550,600 059
SELECT STREET CONSTRUCTION 43,936,832        6,704,066            37,232,766 33,675,800 060 WATER REVENUE 111,753,64 9      58,146,481          53,607,168 19,608,000 066 ACQUISITION & CONSTRUCTION 44,159,54 0        12,722,498          31,437,042 43,639,800                (B) 068 SANITATION FUND 9,433,235           5,836,13 4            3,597,101 1,774,800 069
REFUSE COLLECTION SERVICE 18,398,527        14,533,908          3,864,619 131,900 070
EQUIPMENT REPLACEMENT 2,396,767          1,239,962            1,156,805 1,156,800 080
LIABILITY AND PROPERTY INS FND 18,924,436        14,969,684          3,954,752 2,061,800 082
WORKERS COMPENSATION FUND 10,019,652        8,030,143            1,989,509 52,900
101 PUB WKS‐ADMIN & PLANNING 8,844,271          7,529,718            1,314,554   375,600 109
INFORMATION TECHNOLOGY 14,936,507        8,941,431            5,995,076   1,022,000 122
EMERGENCY AND HEALTH GRANTS 12,625,466        8,302,402            4,323,064   2,441,700 123
WORKFORCE INNOV AND OPP ACT 3,381,736          2,222,583            1,159,152 1,025,400 124
ORANGE COUNTY GRANTS 2,579,053          1,145,042            1,434,011 1,212,700
128
LAW ENFORCEMENT GRANTS 949,328              636,753                312,575 14,900 130 HOME PROGRAM FEDERAL GRAN T 9,404,984          2,129,823            7,275,161 7,275,400 135
COMMUNITY DEV BLOCK GRANT 23,535,793        11,418,18 9          12,117,604 11,606,100 140 HOUSING AUTHORITY‐VOUCHER ADM 4,292,159           3,450,88 6            841,273 5,000 142 NSP FEDERAL GRAN T 1,651,942          7,928 1,644,014   1,644,000 145
RENTAL REHABILITATION GRANT 398,000              347,871                50,129 38,700 147 FEDERAL AID SAFETY PROGRAM 1,271,068          264,457                1,006,611 949,200 148
TRAFFIC SYSTEM MGMT GRANT 35,266,289        4,830,290            30,435,999 30,933,100                (C) 158 PLANNING GRANTS PROGRAM 4,048,60 6          2,972,305            1,076,301 138,400 161
PRCSA CAPITAL GRANTS 7,516,725          1,137,013             6,379,712 6,379,900 162
ENERGY CONSERVATION PROGRAM 182,948              78,141                  104,807 104,900 164
PUB WKS‐WTR QUALITY & CONTROL 13,079,486        2,106,236            10,973,250 10,973,400 165 OFFICE OF SAFETY GRAN T 857,970              654,583                203,387 198,400 169
RECREATION GRANTS FUND 305,667              128,428                177,239 4,100 177 EMERGENCY RENTAL ASSISTANCE PG 29,915,216        21,041,563          8,873,653 8,873,000 178
COVID‐19 RESPONSE 4,000,000          137,782                3,862,219 3,862,300 179
ARPA EHV HAP 1,316,892          132,291                1,184,601 1,184,700
180
ARPA EHV ADMIN FEES 488,616              56,508                  432,108 184,900 EXHIBIT 2

City Council
9 –
16 9/20/2022

List of Requests to Carryover Unspent Appropriations by Fund FY21‐22 Balances to FY22‐23
As of August 5, 2022
FY21‐22
Fund Fund Name Budget Expenditures   Available Balance as of August 05, 2022
Carry Forward
Up To Amount
181 AMERICAN RESCUE PLAN ACT(ARPA) 64,032,675         11,839,72 6          52,192,94 9                     50,304,80 0 182 HOME‐ARP PROGRAM FEDERAL GRAN T 6,183,914          16,817                   6,167,09 7                        6,167,10 0 223 LOCAL DRAINAGE AREA III 39,226                 617                        38,609                             38,700 224 LOCAL DRAINAGE AREA I V 427,272              167,34 6                259,92 6                           260,10 0 301 REC/COMM SVS 127,458               653                        126,805                           126,90 0 311 RESIDENTIAL DEVELOP DISTRICT 1 2,470,68 7          546,512                 1,924,175                        1,924,30 0 312 RESIDENTIAL DEVELOP DISTRICT 2 4,212,22 8          934,102                 3,278,12 6                        3,278,70 0 313 RESIDENTIAL DEVELOP DISTRICT 3 8,460,641           785,005                 7,675,63 6                        7,132,60 0 314 RESIDENTIAL DEVELOP DISTRICT 4 48,664                ‐                         48,66 4                             48,700 417 CDA INCLUSIONARY HOUSING FEE 7,006,143           2,456,232             4,549,911                         4,549,60 0 418 CDA CAPITAL PROJECT S 7,816,086          4,150,22 8            3,665,85 8                        3,666,00 0 992 TRAN SYS IMP AUT AREA B 3,556,177          388,177                 3,168,00 0                        3,168,10 0 ‐
Total 1,022,185,40 4 537,537,47 4       484,647,93 0                   418,886,10 0 Notes:
(A) Adjustment made to reduce expenditures subsequent to 8/5/22.  Enough balance available for carryover. (B) Projects are funded by Water Revenue Fund.  Water Revenue Fund has enough balance available for carryover. (C) Adjustment made to reduce expenditures subsequent to 8/5/22.  Enough balance available for carryover.

City Council
9 –
17 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Santa Anita Park Improvements and New Synthetic Soccer Field

AGENDA TITLE
Approve Additional Contingency Funds in the Amount of $5,000,000 for an Existing Construction Contract with Byrom-Davey Inc. for the Santa Anita Park Improvements including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $14,513,011.30 (Project No. 19-7527) (Non-General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Approve an amendment to the Project Cost Analysis in the amount of $5,000,000 in additional contingency funds for a total estimated construction delivery cost of $14,513,011.30, which includes $7,317,701.00 for the construction contract; $731,770.10 for contract administration, inspection and testing; and a $6,463,540.20 project contingency for unanticipated or unforeseen work, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,000,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 19-7527).

DISCUSSION
On July 19, 2022, the City Council authorized the award of a construction contract to Byrom-Davey, Inc. for the total park renovation that includes a new synthetic turf soccer field, new sports lighting, built-in concrete bleachers incorporated into the grass slopes, upper terraces to allow for group or event canopies, a new basketball court, new play equipment, a parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation (Exhibit 1). The project is currently under construction and additional improvements have been identified that surpass the existing contingency of $1,463,540.20. To capitalize on the favorable pricing of the existing contract with Byrom- Davey, Inc., staff recommends increasing the project contingency by $5,000,000.00 to renovate the park community center in addition to previously contracted work.

The recommended action will increase the project contingency by an additional $5,000,000, for an amended project contingency of $6,463,540.20, thereby increasing

City Council
10 –
1 9/20/2022

Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements
September 20, 2022

Page 2 ends

2 9
6 4
the total estimated construction delivery cost to $14,513,011.30, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below:

EXPENDITURE

CATEGORY

ORIGINAL
AMOUNT

ADDITIONAL

FUNDING NEW TOTAL
Construction Contract $7,317,701.00 $7,317,701.00
Construction Administration,
Inspection, Testing $731,770.10 $731,770.10
Contingencies $1,463,540.20 $5,000,000.00 $6,463,540.20 Total $9,513,011.30 $5,000,000.00 $14,513,011.30

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-77 was filed for the project.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $14,513,011.30, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 19-7527 is assigned to the Project Plans and Specifications, and the Notice Inviting Bids. Project Nos. 22-7536 and 21-2745 are assigned to other funding sources for tracking of all expenditures to deliver the construction of this project.

On July 19, 2022, the City Council approved Appropriation Adjustments totaling $1,617,593.00 as part of the funding for these projects. The funds are budget and available for expenditure in current Fiscal Year 2022-23 capital budget.

On August 2, 2022, the City Council approved the updated $128,360,000 Revive Santa Ana Spending Plan and an appropriation adjustment to authorize spending from the federal American Rescue Plan Act (ARPA). Of this amount, $5,000,000 is to be allocated for Santa Anita Park community center renovations.

Funding for these projects in the amount of $2,942,540 was approved for expenditure in the Fiscal Year 2022-23 Council approved capital budget.

The funding of $4,952,878.30 for these projects was appropriated in prior fiscal years’ capital budget. As part of the citywide budget carry-forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal

City Council
10 –
2 9/20/2022

Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements
September 20, 2022

Page 3 ends

2 9
6 4
Year 2022-23. The carry-forward is a citywide effort and is compiled with requests from various departments. It will be presented for City Council approval under a separate agenda item.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

Fiscal
Year
Accounting
Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Existing Project Budget
2022-23 31113260-66220
(19-7527)
Acquisition
and
Developme
nt- District 1
Residential
Development District 1,
Improvements Other
Than Building
$2,769,224.00
2022-23 31413260-66220
(19-7527)
Acquisition
and
Developme
nt- District 4
Residential
Development District 4,
Improvements Other
Than Building
$570,417.00
2022-23 16113269-66220
(19-7527)
PRCSA-
Capital
Grants
2018 Park Bonds
Act-Improvements
Other Than Building
$177,952.00
2022-23 16113268-66220
(19-7527)
PRCSA-
Capital
Grants
2002 Resources
Bond Act,
Improvements Other
Than Building
$1,000,000.00
2022-23 13518783-66220
(19-7527)
Community
Developme
nt Block
Grant
Community
Development Block
Grant Programs,
Improvements Other
Than Building
$511,839.49
2022-23 13518783-66220
(22-7536)
Community
Development
Block Grant
Community
Development Block
Grant Programs,
Improvements Other
Than Building
$600,000.00
2022-23 13518783-66220
(23-7533)
Community
Development
Block Grant
Community
Development Block
Grant Programs,
Improvements Other
Than Building
$800,000.00

City Council
10 –
3 9/20/2022

Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements
September 20, 2022

Page 4 ends

2 9
6 4
2022-23 01213020-66220
(21-2745)
Cannabis
Public Benefit
Fund
PRCSA Youth
Services,
Improvements Other
Than Building
$3,083,578.81
Total $9,513,011.30
Additional Funding
2022-23 18117013-66200
(TBD)
American
Rescue Plan
Act of 2021
(ARPA)
American Rescue Plan
Act-PWA – Reserve
Appropriation $5,000,000.00
Grand Total $14,513,011.30

EXHIBIT(S)

1. Location Map

2. Cost Analysis

3. FY 2021-22 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
10 –
4 9/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 19-7527
Santa Anita Park New Synthetic Soccer Field &
Park Improvements
Project
Location

City Council
10 –
5 9/20/2022

Construction Contract 7,317,701.00$
Contract Administration, Inspection and Testing 731,770.10$ Contingencies 1,463,540.20$
Additional Contingencies 5,000,000.00$
Contingencies 14,513,011.30$

COST ANALYSIS
CONSTRUCTION OF PROJECT NO 19-7527: Santa Anita Park New Synthetic Soccer Field & Park Improvements
EXHIBIT 2

City Council
10 –
6 9/20/2022

FY 22/23 FY 25/26 FY 26/27
FY
27/28
7,317,701 - - -
6,463,540 - - -
731,770 - - -
409,604 - - -
14,922,615 - - -
FY 22/23 FY 25/26 FY 26/27
FY
27/28
3,339,641 - - -
5,000,000
1,177,952 - - -
3,083,795 - - -
2,321,227 - - -
14,922,615 - - -
ARPA Funds
AGENCY: DIVISION: CONTACT:

Parks, Rec. & Community Services Administration Mike Ortiz, Senior Civil Engineer

TOTAL - - -
CDBG Programs - - -
Cannabis - - -
CA Capital Grant - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 28/29
A & D District 1 - - -

TOTAL - - -
Planning - - -
Contingency - - -
Engineering - - -
PROJECT COSTS FY 23/24 FY 24/25 FY 28/29
Construction - - -
CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Santa Anita Park was developed and added to the park system in 1970. Since then it has remained largely unchanged. This very comprehensive project will enable a total park renovation that includes new synthetic turf soccer field, new sports lighting, regrading of the adjacent grass slopes to incorporate built-in concrete bleacher seating, upper terraces to allow for group or event canopies, new basketball court, new play equipment, parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation.

PROJECT NEED:

PRCSA regulates the amount of play on Santa Anita
grass sports field in order to maintain the turf and
prevent it from becoming a dirt field. With the lack of sports fields in the City, the installation of synthetic turf will help increase the amount of play on the field. The sports field already has sports lighting and is
completely fenced. The field is used for youth soccer.

The perimeter of the field will be planted with drought tolerant landscaping to help reduce water usage.

PROJECT TITLE:

Santa Anita Park Improvement
Project
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
EXHIBIT 3

City Council
10 –
7 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Approve an Appropriation Adjustment, Amend CIP, and Award Construction Contract for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project

AGENDA TITLE
Approve an Appropriation Adjustment, Approve an Amendment to the FY 2022-23 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 21-2740) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 21-2740).

3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 2022, and ending upon project completion; and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work.

City Council
11 –
1 9/20/2022

EBS General Engineering, Inc.

September 20, 2022

Page 2 ends

2 9
5 1

DISCUSSION
The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface.

Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian lighting, and signage and striping. Once complete, this newly repaved bike trail will help encourage the community to activate this newly renovated space that connects to the southern City limits.

In order to complete the project, the City is requesting an appropriation adjustment to funds received in prior years for park acquisition and development fees in District 3, the section of the City that is south of First Street and east of Bristol Avenue.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Four vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 16 and June 23, of 2022. The project was also advertised in PlanetBids from June 9, 2022 through June 30, 2022. Bids were received electronically via PlanetBids on June 30, 2022.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 EBS General Engineering
Inc. Corona $1,066,714.35
2 MBC Enterprises Inc. Westminster $1,202,701.25
3 All American Asphalt Corona $1,245,060.00
4 Excel Paving Co Long Beach $1,248,787.00
A total of four bids were received, and all were deemed responsive. EBS General Engineering, Inc. submitted the lowest responsive base bid in the amount of $1,066,714.35 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount of the base bid totaling $1,066,714.35 (Exhibit 3).

EBS General Engineering, Inc. has worked on various projects for the City of Santa Ana throughout the last several years. The most recent projects are Maple Bike Trail Safety

City Council
11 –
2 9/20/2022

EBS General Engineering, Inc.

September 20, 2022

Page 3 ends

2 9
5 1
Enhancements Phase II, Gas Tax Local Street Improvements FY 19/20, Residential street repairs, and Westminster Avenue between Harbor Boulevard and Fairview Street.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.

Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,386,728.65.

Project Item Total
Construction Contract $1,066,714.35
Construction Administration, Inspection, Testing $160,007.15 Contingencies $160,007.15
TOTAL CONSTRUCTION DELIVERY COST $1,386,728.65
Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Flower Street Bike Trail Renovation Project (Exhibit 5).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,386,728.65, which includes construction, contract administration, inspection, testing, and an authorized contingency. Funds for the existing budget associated with the project were appropriated in Fiscal Year 2021-22. However, due to the fact that the award of the contract has crossed into a new fiscal year, a request to carryover funds in the accounts below will be submitted as part of the Citywide carryover process. The Citywide carryover request is typically presented to the City Council in September or October after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date.

Upon approval of the appropriation adjustment funding will be available in the amount of $497,925.15 from prior year fund balance in the Parks Acquisition and Development (District 3), Prior Year Carryforward revenue account (No. 31313002-52001) and

City Council
11 –
3 9/20/2022

EBS General Engineering, Inc.

September 20, 2022

Page 4 ends

2 9
5 1
appropriate the same amount the Parks Acquisition and Development (District 3), Improvements Other Than Building expenditure account (No. 31313260-66220) The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Appropriation Adjustment
2022-23 31313260-66220
(21-2740)
Residential
Development
District 3
Acquisition and
Development,
Improvements Other
Than Building
$497,925.15
Existing Project Budget
2021-22 31313260-66220
(21-2740)
Residential
Development
District 3
Acquisition and
Development,
Improvements Other
Than Building
$888,803.50
Total $1,386,728.65

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
11 –
4 9/20/2022

499 feet

City Council
11 –
5 9/20/2022

City Council
11 –
6 9/20/2022

City Council
11 –
7 9/20/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 21-2740

FLOWER STREET BIKE TRAIL RENOVATION
P-8 of P-23
Name of Firm
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.)

City Council
11 –
8 9/20/2022

City Council
11 –
9 9/20/2022

City Council
11 –
10 9/20/2022

City Council
11 –
11 9/20/2022

City Council
11 –
12 9/20/2022

City Council
11 –
13 9/20/2022

City Council
11 –
14 9/20/2022

EXHIBIT 4

COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 21-2740: Flower Street Bike Trail Renovation From Crossover to Warner Avenue
Construction Contract $ 1,066,714.35
Contract Administration, Inspection and Testing $ 160,007.15

Contingencies $ 160.007.15

TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,386,728.66

City Council
11 –
15 9/20/2022

CITY OF SANTA ANA FY
22/23
CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface.

Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian lighting, and signage and striping.

PROJECT NEED:

Due to usage and time, the Flower Street Bike Trail has become very uneven due to tree root growth and pot holes. The trail needs to be resurfaced.

PROJECT TITLE:

Flower Street Bike Trail Renovation
from Crossover (South of Dyer
Road) to Warner Avenue.

PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY:

DIVISION:

CONTACT:

DATE:

Public Works
CIP Engineering
Sean Thomas, Senior Civil Engineer
10-Aug-2022

PROJECT COSTS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
Construction
497,925
-
-
-
-
-
-
TOTAL
497,925
-
-
-
-
-
-

SOURCE OF FUNDS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
A & D District 3
497,925
-
-
-
-
-
-
TOTAL
497,925
-
-
-
-
-
-

City Council
11 –
16 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Well No. 29 Improvements Project

AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to Environmental Construction, Inc. for the Well No. 29 Improvements Project in the Amount of $6,765,290, with an Estimated Project Delivery Cost of $8,456,612 (Project No. 18- 6491) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize $2,502,612 of prior-year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Award a construction contract to Environmental Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $6,765,290, for construction of the Well No. 29 Improvements Project, for the term beginning September 20, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $8,456,612, which includes $6,765,290 for the construction contract, $676,529 for contract administration, inspection and testing, and a $1,014,793 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $2,502,612 in construction funds for the Well No. 29 Improvement Project (Project No. 18-6491).

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations,

City Council
12 –
1 9/20/2022

Award Construction Contract to Environmental Construction, Inc.

September 20, 2022

Page 2 ends

2 9
5 2
10 reservoirs with a storage capacity of 49 million gallons, four pressure-regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,000 service connections.

Due to the age of the existing Well 29 infrastructure and equipment, the well’s capacity to produce water has been significantly reduced. The proposed rehabilitation project will ensure that the City of Santa Ana continues to provide safe drinking water and to meet the demands of the Santa Ana community.

The Well No. 29 Improvements Project includes the demolition of existing assets and installation of a new pump, motor, and piping at the Well 29 site. Additionally, the project will construct new well discharge pipelines, a new 42' x 26' masonry building to house the well motor, pump, instrumentation, electrical equipment, lighting, and ventilation. The project will also improve the surrounding area through the construction of a masonry perimeter wall to secure the site, installation of a new electronic sign to inform residents of City programs and events, and rehabilitation of the existing adjacent City tennis courts.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Two vendors requested bidding documents, and a total of two bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 4 and February 5, of 2022. The project was also advertised in PlanetBids from January 29, 2022 through April 19, 2022. Bids were received electronically via PlanetBids on April 19, 2022.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Environmental Construction Inc. Woodland Hills $6,765,290 2 Innovative Construction Solutions Costa Mesa $7,270,424 A total of two bids were received, and both were deemed responsive. Environmental Construction Inc. submitted the lowest responsive base bid in the amount of $6,765,290 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Environmental Construction Inc. in the amount of the base bid totaling $6,765,290 (Exhibit 3). Environmental Construction has not performed work in the City of Santa Ana in the last five years.

City Council
12 –
2 9/20/2022

Award Construction Contract to Environmental Construction, Inc.

September 20, 2022

Page 3 ends

2 9
5 2
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $8,456,612.

Project Item Total
Construction Contract $6,765,290
Construction Administration, Inspection, Testing $676,529 Contingencies $1,014,793
TOTAL CONSTRUCTION DELIVERY COST $8,456,612
Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Well No. 29 Improvement Project (Exhibit 5).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration was prepared for the project and was filed with the document number 202285000107.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $8,456,612 which includes construction, contract administration, inspection, testing, and an authorized contingency.

Approval of the requested Appropriation Adjustment will recognize $2,502,612 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301).

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.

City Council
12 –
3 9/20/2022

Award Construction Contract to Environmental Construction, Inc.

September 20, 2022

Page 4 ends

2 9
5 2
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Appropriation Adjustment
2022-23 06617647-66301
(18-6491)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$2,502,612
Existing Project Budget
2022-23 06617647-66301
(18-6491)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$5,954,000
Total $8,456,612

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
12 –
4 9/20/2022

City Council
12 –
5 9/20/2022

City Council
12 –
6 9/20/2022

City Council
12 –
7 9/20/2022

City Council
12 –
8 9/20/2022

City Council
12 –
9 9/20/2022

City Council
12 –
10 9/20/2022

&,7<2)6$17$$1$
&216758&7,21&2175$&7
UHY
3DJHRI
352-(&7

:(//12
,03529(0(176
7KLV&216758&7,21&2175$&7LVPDGHDQGHQWHUHGLQWRWKLVWKGD\RI6HSWHPEHUE\DQG EHWZHHQWKH&LW\RI6DQWD$QD&DOLIRUQLDDFKDUWHUFLW\DQGPXQLFLSDOFRUSRUDWLRQRUJDQL]HGDQGH[LVWLQJ XQGHU WKH &RQVWLWXWLRQ DQG ODZV RI WKH 6WDWH RI &DOLIRUQLD KHUHLQDIWHU ³&,7<´
DQG (QYLURQPHQWDO
&RQVWUXFWLRQ,QF
KHUHLQDIWHU³&2175$&725´

:,71(66(7+

7KH&,7<DQGWKH&2175$&725IRUWKHFRQVLGHUDWLRQKHUHLQDIWHUQDPHGPXWXDOO\DJUHHDVIROORZV
&2175$&725 DJUHHV WR SHUIRUP DOO WKH ZRUN DQG IXUQLVK DOO WKH PDWHULDOV DW LWV RZQ FRVW DQG H[SHQVHQHFHVVDU\WRFRQVWUXFWDQGFRPSOHWHLQDJRRGDQGZRUNPDQOLNHPDQQHUDQGWRWKHVDWLVIDFWLRQ RI WKH &LW\ (QJLQHHU RI WKH &,7< WKH :HOO 1R ,PSURYHPHQWV
KHUHLQDIWHU UHIHUUHG WR DV WKH
³:25. 2) ,03529(0(17´
LGHQWLILHG LQ DQG LQ DFFRUGDQFH ZLWK WKH &RQWUDFW 'RFXPHQWV SUHSDUHGE\WKH&LW\¶V3XEOLF:RUNV$JHQF\DQGDSSURYHGE\WKH&LW\&RXQFLO 7KHFRPSOHWH&RQVWUXFWLRQ&RQWUDFWFRQVLVWVRIWKH³&RQWUDFW'RFXPHQWV´DVGHILQHGE\WKH6WDQGDUG 6SHFLILFDWLRQVIRU3XEOLF:RUNV&RQVWUXFWLRQDQGZKLFKLQFOXGHWKHIROORZLQJ
x 1RWLFH,QYLWLQJ%LGV
x ,QIRUPDWLRQWR%LGGHUV
x %LG3URSRVDO
x %LG%RQG
x &RQWUDFW)RUP
x &RQWUDFW%RQGV
x *HQHUDO3URYLVLRQV
x 6SHFLDO3URYLVLRQV
x 7HFKQLFDO3URYLVLRQVDQG3URMHFW3ODQV
x &RPPXQLW\:RUNIRUFH$JUHHPHQW
x $SSHQGLFHV
,Q FDVH RI FRQIOLFW EHWZHHQ WKH &RQWUDFW 'RFXPHQWV WKH SUHFHGH QFH RI GRFXPHQWV VKDOO EH DV HVWDEOLVKHGLQWKH6WDQGDUG6SHFLILFDWLRQVIRU3XEOLF:RUNV&RQVWUXFWLRQ &,7<DJUHHVWRSD\DQG&2175$&725DJUHHVWRDFFHSWLQIXOOSD\PHQWWRFRPSOHWHWKH:25.2) ,03529(0(17 WKH VXP WRWDO DPRXQW QRW WR H[FHHG 6L[ 0LOOLRQ 6HYH Q +XQGUHG 6L[W\ )LYH 7KRXVDQG7ZR+XQGUHG1LQHW\'ROODUVDQG1R&HQWV

DVVHWIRUWKDQGLGHQWLILHGLQ
WKH%,'352326$/ZKLFKLVDWWDFKHGKHUHWRDQGLQFRUSRUDWHGKHUHLQDV([KLELW³$´ 7KH %,' 352326$/ FRQWDLQV D VFKHGXOH RI XQLW SULFH V
RU OXPS VXP
V
EDVHG RQ DSSUR[LPDWH
TXDQWLWLHVRQO\DQGWKH&LW\GRHVQRWH[SUHVVO\RUE\LPSOLFDWLRQDJUHHWKDWWKHDFWXDODPRXQWRIZRUN ZLOOFRUUHVSRQGWKHUHZLWKEXWUHVHUYHVWKHULJKWWRLQFUHDVHR UGHFUHDVHWKHDPRXQWRIDQ\FODVVRU SRUWLRQRIWKHZRUNRUWRRPLWSRUWLRQVRIWKHZRUNDVPD\EHGHHPHGQHFHVVDU\RUDGYLVDEOH

City Council
12 –
11 9/20/2022

City Council
12 –
12 9/20/2022

City Council
12 –
13 9/20/2022

City Council
12 –
14 9/20/2022

City Council
12 –
15 9/20/2022

City Council
12 –
16 9/20/2022

City Council
12 –
17 9/20/2022

City Council
12 –
18 9/20/2022

EXHIBIT 4
Construction Contract 6,765,290.00 $
Contract Administration, Inspection and Testing 676,529.00 $ Contingencies 1,014,793.50 $
TOTAL ESTIMATED CONSTRUCTION COSTS 8,456,612.50$
CONSTRUCTION OF PROJECT NO. 18-6491: Well No.29 Improvements

COST ANALYSIS

City Council
12 –
19 9/20/2022

CITY OF SANTA ANA FY
22/23
CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project will rebuild components of the existing Well No. 29 damaged by a vehicular accident. The project will include making well site improvements such as a secure perimeter wall, well house and associated electrical and piping components.

PROJECT NEED:

This well site was damaged by a vehicular accident and is currently non-operable. Improvements to the electrical, disinfection treatment train, and piping components are necessary to return this asset to service.

PROJECT TITLE:

Well No.
29 - Improvements
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Municipal Facilities

LOCATION MAP
AGENCY:

DIVISION:

CONTACT:

DATE:

Public Works
Water Resources
Armando Fernandez, Senior Civil Engineer
21-Jul-2022

PROJECT COSTS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
Construction
2,502,327
-
-
-
-
-
-
Engineering
-
-
-
-
-
-
-
TOTAL
2,502,327
-
-
-
-
-
-

SOURCE OF FUNDS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29

WATER CAPITAL
2,502,327
-
-
-
-
-
-
TOTAL
2,502,327
-
-
-
-
-
-

City Council
12 –
20 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Approve Appropriation Adjustment and Sale of Land

AGENDA TITLE
Approve an Appropriation Adjustment and Agreement for the Sale of Land from the City, Generating $250,000 in Revenue for Bristol Street Corridor Improvement Project (Non- General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing revenue in the amount of $250,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a purchase and sale agreement with Charles H. Mahn Family Trust for the sale of City-owned property located at 515 and 517 N Bristol Street (APNs 008-081-26 and 008-081-28) in the amount of $250,000, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The City is the owner of surplus real property assets and interests that were specifically acquired for various street widening projects. Approval of recommended actions will allow the City to sell such City-owned vacant property acquired with Orange County Transportation Authority (OCTA) Right-of-Way restricted grant funds, and return proceeds of sale to Bristol Street Improvement Project, and funding agency, proportionally based on match requirements, consistent with Comprehensive Transportation Funding Program (CTFP) Cooperative Agreement C-6-0069 between respective agencies.

On March 5, 2019, the City Council authorized disposition of various city-owned properties via the Request for Proposal (RFP) process and direct negotiations for sites with substandard lot conformity. On April 2, 2019, the City issued Request for Proposals (RFP) 19-026 that solicited the sale and development of various combined properties:
with existing residential, commercial, and professional office zoning designations. On November 18, 2019, the City Council approved Purchase and Sale Agreements to activate various City-owned vacant properties, and generate over $2 million in revenue-

City Council
13 –
1 9/20/2022

Agreement – Sale of City-owned Real Property at 515 and 517 N. Bristol Street September 20, 2022

Page 2 ends

2 9
5 7
generating developments and new sales tax revenues with increased property tax rolls and additional utility user taxes collected on an annual basis in perpetuity.

On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. (“Surplus Land Act”) for the disposition of the Property. On April 27, 2020, the City released a Notice of Availability (“NOA”) of surplus property for a period of 60 days. This NOA was sent to all “local public entities” as defined in the Health and Safety Code section 50079, within whose jurisdiction the surplus land is located, and to “Housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in surplus land. The NOA was also sent to local parks agencies and school districts.

The properties were among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms.

Due to the minimum square footage required for development under current zoning, the remnant parcels located at 515 and 517 N Bristol Street (Exhibit 1) are deemed substandard, and were thus previously authorized for direct negotiations accordingly. The total combined area is approximately 8,965 square feet, is currently zoned for commercial use, and with no independent utility, presents a challenge to market and sell. For these reasons, staff proceeded with direct negotiations with Charles Mahn to facilitate a sale of these properties that will be mutually beneficial to all parties (Exhibit 2).

Under the Santa Ana Municipal Code (SAMC) Section 2-706, surplus real property may be sold (after authorization by the City Council) only to the highest bidder, subject to final confirmation by the City Council and with notice of the sale given by newspaper publication. However, SAMC Section 2-709, provides an exemption to this procedure and permits a sale on direct negotiations without the need for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council.

ENVIRONMENTAL IMPACT
There are no environmental impacts associated with this action.

FISCAL IMPACT
Approval of the Appropriation Adjustment will recognize the receipt of $250,000 into the Select Street Construction Fund, Sale of Land revenue account (No. 05917002-57071) and appropriate the same into the OCTA Bristol Street Corridor Improvements Fund, Improvements Other Than Building expenditure account (No. 05917661-66220). These funds will be available for expenditure on the Bristol Street Corridor Improvement Projects.

City Council
13 –
2 9/20/2022

Agreement – Sale of City-owned Real Property at 515 and 517 N. Bristol Street September 20, 2022

Page 3 ends

2 9
5 7
The table below summarizes the sales price per each of the surplus Bristol Properties, with distribution of the estimated Bristol Improvement Project revenue:

Parcel ID Sale Price Bristol Improvement Fund
C-10 $250,000 $250,000

EXHIBIT(S)

1. Location Map

2. Purchase and Sale Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
13 –
3 9/20/2022

8,965
EXHIBIT 1

City Council
13 –
4 9/20/2022

-1-

PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into this ____ day of _____________, 2022 (“Effective Date”), by and between CHARLES H. MANH FAMILY TRUST (“Buyer”), 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 (“Seller” or “City”). As used herein, Buyer and Seller may be ref erred to collectively as the “Parties,” and each individually as a “Party.”

RECITALS
A. City is the fee simple owner of that certain real property consisting of approximately 8,965 square feet, located at 515 N. Bristol Street (APN Nos. 008-081-26), and 517 N. Bristol Street (APN No. 008-081-28) Santa Ana, California, legally described in Exhibit “A” attached to this Agreement and incorporated into this Agreement in its ent irety by this reference (the “Property”).

B. On March 5, 2019, the Property was approved by the City for disposition through direct negotiations, without competitive bidding, in accordance with Santa Ana Municipal Code sections 2-706 and 2-709.

C. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Prope rty as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. (“Surplus Land Act”) for the disposition of the Property.

D. On April 27, 2020, the City released a Notice of Availability (“NOA”) of surplus property for the Property for a period of sixty days. This NOA was sent out to all “ local public entities,” as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land was located, and to “Housing Sponsors” that had notified the California Department of Housing and Community Development ( “HCD”) of their interest in surplus land. Th e NOA was also sent to local parks agencies and school districts.

E. The Property was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms.

F. City staff proceeded with direct negotiations to sell the Property to Buyer.

G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement.

AGREEMENT
NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

City Council
13 –
5 9/20/2022

-2-

1. Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.

2. Purchase and Sale; Purchase Price.

2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement.

2.2 Purchase Price. The purchase price of the Property shall be Two Hundred Fifty Thousand Dollars ($250,000.00).

3. Escrow.

3.1 Escrow Instructions. Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow (“ Escrow”) with Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660, Attn: Justin VanderVeen (“Escrow Holder ”) for the purchase and sale of the Property. The “ Opening of Escrow” shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder. Escrow Holder shall confirm the Opening of Escrow to the Parties in writing.

This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder.

3.2 Payment of Purchase Price . The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the “Grant Deed” (as defined in Section 3.10 below), and complied with all of Seller’s other obligations under this Agreement, then on or before the “Closing Date” (as defined Section 3.3 below) so as not to delay the “Close of Escrow” (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds:
(a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below.

3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow (“Closing Date”), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, “Close of Escrow” shall mean the date on -which the “Grant Deed” conveying fee title to the Property to Buyer is recorded in the Orange County Recorder’s Office.

3.3.1 Conditions Precedent to Buyer Obligation to
Close. Buyer’s obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the con ditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer

City Council
13 –
6 9/20/2022

-3-

may, in its sole discretion and without limiting any of Buyer’s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller.
(1) Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the “Title Policy” (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to “Permitted Exceptions” (as defined in Section 3.5 below). (2) Representations and Warranties . Each of Seller ’s representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow.
(3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement.
(4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so.

3.3.2 Conditions Precedent to Seller Obligation to
Close. Seller’s obligatio n to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason ot her than a defa ult by Seller, Seller may, in its sole discretion and without limiting any of Seller’s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Representations and Warranties . Each of Buyer ’s
representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow.
(2) Buyer’s Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required.

3.4 Escrow Cancellation.

3.4.1 Charges.
(1) Seller’s Default . If Escrow fails to close du e to Seller ’s default, Seller shall pay all Escrow cancellation charges. “Escrow cancellation charges” means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies.

City Council
13 –
7 9/20/2022

-4-

(2) Buyer’s Default . If Escrow fails to close due to Buyer ’s default, Buyer shall pay all Escrow cancellation charges and Seller shall be enti tled to terminate this Agreement as its sole and exclusive remedy.
(3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges.

3.5 Permitted Exceptions to Title . As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Fidelity National Title , in its capacity as title insurer (“Title Company”), to deliver to Buyer and Seller a current preliminary title report (“Title Report”) together with legible copies of all underlying documents referenced therein (together with the Title Report, the “Title Documents”). The term “Permitted Exceptions” as used in this Agreement shall mean all of the following: (a) the Grant Deed ; (b) the Affordable Housing Covenant; (c) nondelinquent real property taxes and assessments; ( d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement , and ( e) the title exceptions shown on the Title Report but excluding any (i) “Disapproved Exceptions” as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non -delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion (“Disapproved Exceptions”), Buyer shall deliver written notice (“Objection Notice”) of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a “Notice of Approval ”, Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller’s failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer’s sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination.

3.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner ’s policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ( “Title Policy”) insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) (“Buyer Title Costs”).

City Council
13 –
8 9/20/2022

-5-

3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Except ions and free of any tenancies and/or third patty claims of use or ownership.

3.8 Taxes, Assessments and Prorations.

3.8.1 Taxes. Only t o the extent the Seller pays any
property taxes or assessments on the Property, a ll current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County.

Seller shall provide Buyer with wri tten evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ( “Assessment Parcel”) which as of the Close of Escrow remains unsegregated on the County Tax Assessor ’s Roll for the ensuing fiscal year, Escro w Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer’s name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller.

3.8.2 General. All pro rations provided for herein shall be on an “actual day” basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law.

3.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required by Buyer’s lender , Buyer shall also pay for the appraisal cost of the Property (collectively, “Closing Costs”). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller.

City Council
13 –
9 9/20/2022

-6-

3.10 Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit “B” and incorporated herein by reference, conveying the Property to Buyer (“Grant Deed”).

3.10.1 Affordable Housing Covenant in the Event of
Residential Development . In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 4 5 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code .

Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222. 5 of the Government Code.

3.11 Recordation and Delivery of Documents . No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be re corded in the following order and delivered as provided below):

3.11.1 Grant Deed . One (1) fully executed and
acknowledged copy of the Grant Deed conveying the Property to Buyer.

Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible.

3.11.2 Withholding Exemption Certificates . One
(1) completed and executed copy of the following: Non-foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099 -S, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable.

3.11.3 Disbursement of Closing Documents. As soon as
reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller’s counsel and Buyer or Buyer’s counsel.

City Council
13 –
10 9/20/2022

-7-

3.12 Seller’s Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller ’s cash proceeds through Escrow to Seller’s account as directed in separate written instructions to be provided by Seller.

3.13 Cal-FIRPTA Withholding . Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the “withholding agent ” and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law.

3.14 Additional Documents . Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller’ s affidavits or statements regarding mechanics liens and /or tenants or parties in possession.

3.15 Termination of Property Contracts . Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow.

4. Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any br oker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to i ndemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys’ fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or a rising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the ind emnifying Party, respectively, in connection with this transaction.

5. Inspections; AS-IS Condition of Property.

5.1 Waiver of Inspections . Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (i) Buyer’s proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of t he Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use perm its, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, c osts or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, elec trical or other

City Council
13 –
11 9/20/2022

-8-

utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property.

5.2 No Representations or Warranties . Seller makes no representation or warranty, express or implie d, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer.

5.3 Acceptance of Property “AS -IS.” Buyer shall accept all conditions of the Property, without any liability of the S eller whatsoever, AS -IS, WHERE-IS, SUBJECT

TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of th e Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not a s a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement . Seller hereby expressly and specifically disclaims any express or implied.

6. Warranties.

6.1 Seller’s Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by B uyer. For all purposes of this Agreement, including Seller’s representations and warranties contained herein, the phrase “to the best of Seller’s knowledge” shall mean the current actual knowledge of Seller. If prior to the Close of Escrow, Buyer has actual knowledge that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer’s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer’s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (“Seller Cure Period”) to correct any factor or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer’s reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer’s rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow.

City Council
13 –
12 9/20/2022

-9-

6.1.1 Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller.

Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller.

6.1.2 Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any su ch default.

To the best of Seller’s knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement.

6.1.3 Proceedings. To the best of Seller ’s knowledge, no legal or administrative proceeding is pending or threatened agains t Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller’s right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer’s ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller’s knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property.

6.1.4 Binding Agreement. This Agreement constitutes
a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.

6.1.5 Violations of Law . On the Effective Date and
Close of Escrow, neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order.

6.1.6 Hazardous Materials . Seller has not stored or
released, caused to be stored or released or approved the storage or release on the Property, of any “hazardous materials” (as defined below). To the best of Seller’s knowledge, (a) no prior owner of the Property has stored or cau sed to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any “environmental law”

City Council
13 –
13 9/20/2022

-10-

(as defined below); ( c) there are no underground tanks on the Property; (d) no use of or ope rations on the Property have occurred which use or operation has violated any applicable environmental law; and ( e) the Property is not on any “Superfund” list under any applicable environmental law. As used herein, “environmental law” shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment to any “hazardous materials” (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, “hazardous materials ” shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a “hazardous substance, ” “hazardous material, ” “hazardous waste, ” “extremely hazardous waste, ” “infectious waste, ” “toxic waste, ” “toxic pollutant” or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by - products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associa ted with the exploration, development and production of crude oil, natural gas or geothermal resources.

6.1.7 No Assumed Obligations . There are no
obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer.

6.1.8 Endangered Species . To the best of Seller ’s
knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer’s ability to own, develop and/or market the Property or the cost thereof.

6.1.9 Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property.

6.1.10 Property Doc uments. To the best of Seller ’s
knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact , and there are no other do cuments, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer ’s ability to own, develop and/or market the Property.

City Council
13 –
14 9/20/2022

-11-

6.1.11 Other Agreements . Except as set forth in the
Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in a ny way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer ’s ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreeme nts which would affect the Property or any portion thereof prior to the Close of Escrow, without Buyer’s written consent.

6.1.12 Access. There is full and unobstructed direct
access to the Property from public streets, highways or roads that are adjacent to the Property.

6.1.13 Bankruptcy. No “Bankruptcy Event ” (as
defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or re - composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. “Bankruptcy Event” means (a) the making by a person of a general assignment for the benefit of such person’s creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue.

6.1.14 Material Change . Seller shall promptly notify
Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading.

6.2 Buyer’s Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Sell er. For all purposes of this Agreement, including Buyer’s representations and warranties contained herein, the phrase “to the best of Buyer’s knowledge ” shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller ’s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller’s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ( “Buyer Cure Period ”) to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller ’s reasonable

City Council
13 –
15 9/20/2022

-12
satisfaction. If Buyer fails to make such correction within th e Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or ot her remedies it may have against Buyer. The foregoing is not a waiver or release of any of Sell er’s rights or remedies for any material untruth, incompleteness or inaccuracy in a representat ion or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow.

6.2.1 Authorization. Buyer has full power and authority to enter into this Agreement and to perform all of it s obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to exe cute, deliver and perform this Agreement on behalf of Buyer.

6.2.2 Binding Agreement. This Agreement constitutes a legal, valid and binding obligat ion of Buyer enforceable agai nst Buyer in accordance with its terms, except to the extent that such enfor cement may be limited by applicable bankruptcy, insolvency, moratorium and ot her principles relating to or limiting the rights of contracting parties generally.

6.2.3 Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all appli cable laws, including all applicable build ing, planning and zoning laws, in cluding any historic property regulations and environmental laws.

6.2.4 Development of Property. B u y e r h e r e b y represents and guarantees that it will own the land in fee simple located at 1248 W. 6th Street in Santa Ana within twenty-four (24) months following the approval of this Purchase and Sale Agreement. Buyer hereby represents a nd guarantees that it will complete construction and development of the Prope rty for the uses permitted by City’s Bristol Street Specific Plan within 24 mont hs following the Close of Escrow of the 1248 W. 6 th Street property. These timeframes shall be tolled by any delays directly attributable to the actions or in actions of the City, by any natural causes outside the control of either party (“Force Majeure”), or by mutual agreement of the parties. If Buyer does not comply with these guarantees within the timeframes provided, the City shall have the right t o repurchase the Property, including any and all improvements to the Property then completed by Buyer, in exchange for payment by the City to Buyer of eighty percent (80%) of the Purchase Price paid by Buyer under this Agreement. City sh all provide written notice of its exercise to purchase the Property within sixty (60) days following the development deadline in this section. The repurchase deed shall be identical in form to the deed by which title to the Property wa s conveyed by Seller to Buyer and shall be free and clear of any and all mort gages, liens, or other evidence of indebtedness.

City Council
13 –
16 9/20/2022

-13-

6.3 Natural Hazard Zone Disclosure . No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law.

6.4 Buyer and Seller Cooperation . Buyer shall submit plan s for the development of the Property to Seller, and Seller, in its capacity as the City within which the project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreem ent shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions.

7. Destruction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same.

8. Indemnification.

8.1 Obligations. Seller shall indemnify Buyer and Buyer shall indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to th e Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to indemnify any Indemnitee to the extent of the Indemnitee’s wrongful intentional acts or negligence.

8.2 Limitation on Liability of the Seller . Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property , and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property, except to the extent caused by the Seller’s wrongful intentional act or negligence.

8.3 Strict Liability . The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees.

8.4 Independent of Insurance Obligations. Buyer’s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer’s insurance or other obligations under this Agreement and is independent of the Buyer’s insurance and other obligations under this Agreement. Buyer’s compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer’s indemnification obligations under this Agreement and are independent of the Buyer’s indemnification and other obligations under this Agreement.

8.5 Survival of Indemnification and Defense Obligations . The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this

City Council
13 –
17 9/20/2022

-14-

Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations.

8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regar dless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor’s duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor’s indemnity obligations under this Agreement.

8.7 Indemnification Procedures . Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee:

8.7.1 Prompt Notice . The Indemnitee shall promptly
notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.

8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnito r’s insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee’s separate counsel may attend all proceedings and meetings. The Indemnitor ’s counsel shall actively consult with the Indemnitee’s separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim.

9. Miscellaneous.

9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Busin ess Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties’ respective counsel and that, if any communication is to be given

City Council
13 –
18 9/20/2022

-15-

hereunder by Buyer’s or Seller’s counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section.

If to Buyer: Danny Manh Esq
8990 Westminster Blvd.

Westminster, CA 92683
Attn: Charles Mahn
If to Seller: City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92702
Attn: Clerk of the Council
with a copy to: City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Attn: Executive Director of Public Works

9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third -party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liab le for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom.

9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cau se to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement.

9.4 Calculation of Time Periods; Business Day; Time of Essence . Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Property is located. As used herein, the term “Business Day ” means any day excluding

City Council
13 –
19 9/20/2022

-16-

Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement.

9.5 Entire Agreement; Amendments . This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties.

9.6 Survival. All covenants, agreements, r epresentations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith.

9.7 Binding Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto.

9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein.

9.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County , and the Parties hereby agree to and do hereby submit to the jurisdiction of such court.

9.10 Attorneys’ Fees. If any Party to this Agreement shal l bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys ’ fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys ’ fees and costs, sep arate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party’s major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party’s major arguments or positions on major disputed issues. For the purposes of this Section, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedin gs; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation.

9.11 Construction. The provisions of this Agreement shall not be cons trued in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement.

9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or

City Council
13 –
20 9/20/2022

-17-

construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms “include,” “including,” and similar terms will be construed as if followed by the phrase “without being limited to.” The term “or” has, except where otherwise indicated, the inclusive mea ning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa.

9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be const rued or held to be a wa iver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party’s consent or approval shall not be deemed to waive or render unnecessary the consenting Party ’s consent or approval to or of any subsequent similar acts by the other Party.

9.14 Severability of Provisions . Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

9.15 Incorporation of Exhibits . Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein.

9.16 Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become eff ective upon the execution and delivery of a counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or oth er electronic transmission will have the same force and effect as delivery of an original signature of such Party.

9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument sign ed by the Parties hereto.

City Council
13 –
21 9/20/2022

City Council
13 –
22 9/20/2022

City Council
13 –
23 9/20/2022

City Council
13 –
24 9/20/2022

Page 1 of 1 ends

Santa Ana City CouncilSeptember 20, 2022

Santa Ana City Council
September 20, 2022