subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone was initially requested by the applicant and approved on July 19, 2022.
Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project’s ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2023 deadline that was established by the last City Council-approved entitlement extension. As a result, the applicant is requesting a second one-year entitlement extension pursuant to Section 8.4 of the MEMU Overlay Zone document. In an effort to encourage construction of entitled projects, it is the Planning Division’s policy to recommend no more than one-year extensions at a time. The applicant’s request is the second of three permissible one-year extensions.
Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project and break ground on the project to effectuate its entitlements within a timely manner. Specifically, the applicant intends to construct the project in two phases. Mechanical, electrical, and plumbing plans are approved for Phase
1. Landscape plans for both Phase 1 and 2 are approved, with architectural plan check expected to be completed for both Phase 1 and 2 in order to pull permits by the end of the 2023 calendar year.
Property Maintenance
As with many vacant properties in Southern California, the subject site has experienced issues stemming from uncontrolled vegetation, site security, and illegal dumping. In response to community concerns and measures identified by the Planning and Building Agency, the applicant has submitted a vacant property maintenance plan that addresses the issues stemming from the site’s ongoing vacancy. These measures include:
• Installation of a construction fence around the perimeter of the site on Fourth Street, Cabrillo Park Drive, Parkcourt Place, and tie-ins to existing fencing along the Santa Ana (I-5) Freeway.
• Clearing the site of overgrown vegetation and weed abatement, scheduled on an as-needed basis with a minimum six-week routine period for monitoring. • Retention of a security company to conduct bi-weekly site visits to prevent illegal dumping and trespassing.
• Removal of illegally-dumped items within 24 hours of notification. • Execution of the City’s Limited Authorization for Arrest Form to enable the Police Department to better enforce trespass and violations laws.
Full project plans are included with this report as Exhibit 4.
City Council 21 – 2 9/19/2023
Second Extension of Entitlements for the Central Pointe Mixed-Use Development - 1801 East Fourth Street
September 19, 2023
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution Approving Second One-Year Entitlement
2. Original Resolution Approving Entitlement (No. 2020-038)
3. Resolution Approving First One-Year Entitlement (No. 2022-062)
4. Full Project Plans
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 21 – 3 9/19/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL
POINTE MIXED-USE DEVELOPMENT TO BE LOCATED
AT 1801 EAST FOURTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street.
B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.
C. Taking into account the results of the global Covid-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicant’s first request for a one-year entitlement extension on July 19, 2022 (City Council Resolution No. 2022-062). The approval of the initial request extended the subject project’s entitlements until November 9, 2023.
D. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project’s ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2023 deadline that was established by the last City Council-approved entitlement extension (City Council Resolution No. 2022-062).
E. It is the Planning Division’s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.
City Council 21 – 4 9/19/2023
Resolution No. 2023-XXX
F. Upon the completion of the plan check process and securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check and break ground on the project to effectuate its entitlements within a timely manner.
G. The applicant filed the request and submitted filing fees for the second extension on August 28, 2023. The extension request came before the City Council on September 19, 2023.
H. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the first extension deadline of November 9, 2023 to November 9, 2024. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated September 19, 2023, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this day of September, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Jonathan T. Martinez
Assistant City Attorney
City Council 21 – 5 9/19/2023
Resolution No. 2023-XXX
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 21 – 6 9/19/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-______ to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2023.
Date: ____________ ________________________________
Clerk of the Council
City of Santa Ana
City Council 21 – 7 9/19/2023
LS 11. 9. 20
RESOLUTION NO. 2020- 38
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING SITE PLAN
REVIEW NO. 2020-04 AS CONDITIONED FOR A NEW
MIXED -USE RESIDENTIAL AND COMMERCIAL
DEVELOPMENT FOR THE PROPERTY LOCATED AT
1801 EAST FOURTH STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:
A. Sean Rawson with Waterford Property Company, representing Park Center Santa Ana Associates, L. P (" Applicant"), is requesting approval of Site Plan Review No. 2020- 04, as conditioned, to allow the construction of a new mixed -use development consisting of 644 multi -family residential units and 15, 130 square feet of commercial space at 1801 East Fourth Street.
B. The subject site has a General Plan land use designation of District Center (DC). The site is located within the Professional zoning district and has an overlay zone designation of Metro East Mixed -Use ( MEMU) Overlay Zone ( OZ- 1), Active Urban district, which permits medium- to high -intensity mixed -use residential, commercial, office, and hotel developments subject to approval of a site plan review ( SPR) application by the Planning Commission.
C. The MEMU Overlay Zone was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in the project area. in 2018, the City of Santa Ana expanded the MEMU designation along First Street between Grand Avenue and the Santa Ana ( 1- 5) Freeway. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices.
D. A noticed public hearing was scheduled to be heard before the Planning Commission of the City of Santa Ana on October 26, 2020, but at that time there was not a quorum of the Planning Commission therefore, the item was continued by the Chair to the next regular meeting. On November 9, 2020, the Planning Commission of the City of Santa Ana held the duly noticed public hearing and considered all testimony, written and oral for the project.
Resolution No. 2020-38
City Council 21 – 8 9/19/2023
E. Section 41- 595.5 of the Santa Ana Municipal Code (" SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan.
F. The zoning designation for the subject property is proposed to be Metro East Mixed -Use ( MEMO) Overlay Zone ( OZ- 1) in the Active Urban land use district.
G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41- 595.5, have been established for Site Plan Review No. 2020- 04 to allow construction of the proposed project:
1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1. 2 for the MEMU overlay district.
The development will activate a vacant and underutilized 8- acre site in the MEMU Overlay Zone. The project will create a new mixed -use development within close proximity to office buildings, Cabrillo Park, Mabury Park, and less than two miles from Downtown Santa Ana providing opportunities to live, work, and recreate. Each building will be five -stories of residential units wrapped around a seven -level parking structure. The height of the buildings will blend in with the heights of the nearby office buildings which range from single -story, three-story and eight -story buildings and will create an interface with the Santa Ana ( 1- 5) Freeway.
The project will be built to California Building Code standards, which include energy and water conservation measures and will improve pedestrian mobility by providing new sidewalks, and parkways along Fourth Street and Parkcourt Place. In addition, the publically accessible linear park will serve as a link to the meandering trail along Mabury Street and to Mabury Park to the north. Each building has a centrally located bike room, and there is a rideshare pick- up/drop-off in the middle of the project site.
Additionally, the project is within walking distance of the OCTA route 463 bus stop at Fourth Street and Cabrillo Park Drive.
The commercial space has been designed with retail floor heights of 20 feet with storefronts that will be visible from Fourth Street. In addition, the commercial space links directly to an on -site public plaza at the corner of Fourth Street and Cabrillo Park Drive which will include outdoor dining opportunities, decorative hardscape, specimen trees and plantings, umbrellas, seating and lawn games.
Resolution No. 2020-38
City Council 21 – 9 9/19/2023
In addition, the ground floor residential units along Cabrillo Park Drive will have doors and patios with direct access to the street to help activate the street.
2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district.
The project is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone including land use, stories, development site area, building frontages, publically accessible open space, private/common open space, building setbacks, and parking.
3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district.
The project is consistent with the development standards specified in Section 5 of the MEMU Overlay Zone. The buildings are designed with a high quality design that includes varied massing, changes in form, and is comprised of high quality material including metal siding, stone veneer, simulated wood siding, fiber cement lap siding, fiber cement panels, stucco, metal and glass railings, and aluminum storefronts. During the development review process, the architectural design was peer reviewed by John Kaliski Architects and City staff, which resulted in higher -quality building materials, an increase in the commercial square footage and a plaza at the corner of Fourth Street and Cabrillo Park Drive. The project massing is broken into discrete building elements, facades are broken up with the inclusion of private balconies, courtyards, and contrasting building materials. The commercial storefronts are enhanced with cornices and metal canopies and the primary access to the commercial uses will be from Fourth Street. The project promotes pedestrian activity with landscaping and publically accessible open space. Parking areas are screened from the street.
Lastly, over 40 percent of the units are over 1, 000 square feet.
4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district.
The project is consistent with the development standards specified in Section 7 of the MEMU Overlay Zone. The project has been Resolution No. 2020-38
City Council 21 – 10 9/19/2023
designed to ensure compatibility between the residential and nonresidential uses on site. The commercial uses have separate entrances from the residential uses, and the parking management plan will manage parking between the residential and
nonresidential uses. Each building has a dedicated move -in and commercial loading area that will be screened with roll -up doors and controlled by the property management company. On site lighting will be consistent with Santa Ana Municipal Code Chapter 8 Security Ordinance).
Section 2. The Applicant shall indemnify, protect, defend and hold the City and/ or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures ( including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions ( collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (Including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094. 5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 3. In accordance with the California Environmental Quality Act CEQA), the project has been determined to be adequately evaluated in the previously certified Environmental Impact Report ( EIR) No. 2006-01 ( SCH No. 2006031041) and Subsequent EIR SEIR No. 2018- 15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018- 15 and associated Mitigation Monitoring and Reporting Program ( MMRP) will be enforced and apply to the proposed project. In addition, a traffic impact analysis dated July 30, 2020 was also prepared by Linscott Law and Greenspan which analyzed the project' s impacts on 25 intersections. The off -site improvements listed the Traffic Impact Analysis shall be implemented. A health risk assessment ( HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that a less than significant impact to project residents would occur due to the project' s proximity to a major freeway.
Resolution No. 2020-38
City Council 21 – 11 9/19/2023
Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2020-04 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 26, 2020, and November 9, 2020, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 91' day of November, 2020 by the following vote:
AYES: Contreras -Leo, Garcia, Nguyen, McLoughlin, Morrissey, Phan, Rivera ( 7) NOES: None (0)
ABSTAIN: None ( 0)
ABSENT: None (0)
c
Marc McLough in
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2020.
Date: 11 I- D I Vh,tak b-Arv-0—
Re& rcling Secretary
City of Santa Ana
Resolution No. 202G- 38
City Council 21 – 12 9/19/2023
Conditions for Approval for Site Plan Review No. 2020-04 Site Plan Review No. 2020- 04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review.
The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review.
A. Planning Division
1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2019- 26, and the staff report exhibits incorporated herein by reference.
2. Applicant shall agree to all recommendations contained within the required technical studies and reports prepared for the project including the Traffic Impact Analysis dated July 30, 2020. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to issuance of building permits.
3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended.
4. The full volume ( first and second levels) of the commercial square footage within both buildings along Fourth Street shall be maintained for commercial purposes only and may not be converted or used for residential purposes.
5. The publicly accessible open space areas as shown on the open space plan shall remain accessible to the public and include a combination of landscape and hardscape as specified in Section 4.5 of the Metro East Mixed -Use Overlay Zone requirements.
6. A residential property manager shall be available at all times that the Project is occupied and Applicant and onsite management shall at all times maintain a 24- hour emergency contact and contact information on file with the City that is also posted at the entrance to the leasing office for public view.
Resolution No. 2020-38
City Council 21 – 13 9/19/2023
7. All Project mechanical equipment shall be screened from view from public and courtyard areas.
8. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.
9. Prior to issuance of building permits, the Applicant shall submit a green space plan demonstrating that no less than 50 percent and up to 90 percent of the building rooftops ( club room and fitness room, ancillary structures and open amenity deck) above the Type IA building area be landscaped with plant material to the extent feasible. City staff shall have the discretion to determine what is feasible and in compliance with the California Building Code for the building rooftops ( residential) above the Type IIIA building area be landscaped with plant material. The green space plan shall be subject to the approval of the Director of Planning and Building Agency or his/her designee. The landscaping shall be installed prior to the issuance of certificate of occupancy and/ or building permit finals. ( Added by Planning Commission)
10. Prior to the issuance of any building permits the subject site must meet the requirements of the Subdivision Map Act (i. e. a Lot Merger or Parcel Map must be recorded for the subject property).
11. Prior to issuance of any building permits, a final detailed amenity plan must be reviewed and approved by Applicant and the Planning Division. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas, as well as an installation plan.
12. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during Project construction.
13. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size ( 48 inches minimum), brown trunk height ( 10-foot minimum), and name and location of the supplier.
14. Applicant shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Applicant shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the certificate of occupancy and/ or building permit finals, Applicant shall submit and obtain approval from the Planning and Building Agency a Parking Management Plan ( the " PMP") meeting Resolution No. 2020-38
City Council 21 – 14 9/19/2023
the requirements of this condition. The approved PMP shall be adhered to and be enforced by the Project at all times.
15. Prior to Certificate of Occupancy issuance, public art shall be installed on the Project site at a value of one-half of one percent (0. 5%) of the total valuation of both buildings. The selection, design, and installation of the art shall be subject to review and approval by the Planning and Building Agency, the Community Development Agency, and the Applicant.
16. Prior to Certificate of Occupancy issuance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant ( and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following:
a) Compliance with operational conditions applicable during any period( s) of construction or major repair ( e. g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/ or restrictions on certain uses, c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon ( including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/ or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);
e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant Resolution No. 2020- 38
City Council 21 – 15 9/19/2023
and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/ or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
Resolution No. 2020-38
City Council 21 – 16 9/19/2023
RESOLUTION NO. 2022-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW NO. 2020- 04 FOR THE CENTRAL
POINTE MIXED -USE DEVELOPMENT TO BE LOCATED
AT 1801 EAST FOURTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review ( SPR) No. 2020-04 by adopting Resolution No. 2020- 38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15, 130 square feet of commercial space for the property located at 1801 East Fourth Street.
B. Pursuant to Section 8.4 of the Metro East Mixed Use ( MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years.
C. As a result of the global Covid- 19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 does not apply to the subject entitlement.
Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone is being requested by the applicant.
D. Due to difficulties in securing funding, labor, and construction materials stemming from the global Covid - 19 pandemic, the applicant has been unable to move forward with the development and is requesting an extension for the Site Plan Review.
E. It is the Planning Division' s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.
Resolution No. 2022- 062
City Council 21 – 17 9/19/2023
F. Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check within the next year.
G. The applicant filed a request for the extension on May 31, 2022. The extension request came before the City Council on July 19, 2022.
H. In accordance with the California Environmental Quality Act ( CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061( b)( 3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one ( 1) year from the original date of expiration to November 9, 2023. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated July 19, 2022, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 19th day of July. 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jo6i M. Funk
Chief Assistant City Attorney
Resolution No. 2022-062
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Hernandez, Lopez, Mendoza, Penaloza,
Bacerra, Sarmiento ( 6)
None (0)
Phan ( 1)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 062 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 19, 2022.
Date: b ad , JV .— . A. 0''
6, Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-062
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Public Works Agency
www.santa-ana.org/public-works
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Resolutions for Wells 27 and 28 PFAS Treatment System Funding
AGENDA TITLE
Resolutions Supporting Orange County Water District’s Submission of a Grant Application for Wells 27 and 28 PFAS Treatment System Project
RECOMMENDED ACTION
1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a financial assistance application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Wells 27 and 28 PFAS Treatment System Project.
2. Adopt a resolution declaring the Wells 27 and 28 PFAS Treatment System Project is categorically exempt from the California Environmental Quality Act pursuant to Section 1503 of California Environmental Quality Act Guidelines.
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 has an average daily demand of 43 million gallons from its roughly 45,000 service connections.
The majority of the City’s potable water comes from the Orange County Groundwater Basin (OC Basin) and is pumped through 20 existing City wells. Due to the presence of per- and polyfluoroalkyl substances (PFAS) found in routine well monitoring, several wells in the OC Basin have been taken offline, including the City’s Well 27 and Well 28.
On May 19, 2020, City Council approved the PFAS Treatment Facilities and Program Agreement (Exhibit 1) with the Orange County Water District (OCWD). The PFAS Treatment Facilities and Program Agreement (Agreement) calls for OCWD to provide the funding, design, construction, and operation assistance for PFAS treatment facilities for qualifying City of Santa Ana groundwater wells. OCWD and the City have identified Wells 27 and 28 for the construction of PFAS treatment facilities. The total project budget, including construction cost, is estimated to be $8,000,000. Per the Agreement, City Council 22 – 1 9/19/2023
Resolutions for Wells 27 and 28 PFAS Treatment System Funding September 19, 2023
the City of Santa Ana is assisting OCWD to obtain approximately $4,000,000 in grant funding to help offset the construction costs of the treatment system.
Under the Bipartisan Infrastructure Law (BIL), $5 billion has been set aside through the Drinking Water State Revolving Fund (DWSRF) Program administered by the State Water Resources Control Board (SWRCB) to reduce people’s exposure to PFAS and other emerging contaminants (EC). The SWRCB will provide one hundred percent as principal forgiveness (i.e., a Federal grant) and up to $5,000,000 for each qualified applicant. Eligible projects include the construction of a new treatment facility that addresses EC/PFAS such as the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project. OCWD is not considered as a qualified applicant for the PFAS grant because OCWD does not own and operate any PFAS-contaminated well in its service area. Therefore, OCWD is requesting assistance from the City of Santa Ana to apply for the PFAS grant. Receiving this grant would minimize future replenishment assessment (i.e., groundwater fees) increases, fees which are passed through to the customer in the City of Santa Ana’s water rates.
If the PFAS grant funding agreement were executed, the City of Santa Ana would be the recipient of grant funds as the owner and the operator of the PFAS water treatment systems. OCWD would submit invoice(s) to the City of Santa Ana that total to the grant amount. The City of Santa Ana would need to pay OCWD as “proof of payment” before seeking and receiving grant reimbursement from the SWRCB. The City of Santa Ana would be serving as a “pass through” agency between SWRCB and OCWD, and the net financial impact to the City of Santa Ana would be zero. The SWRCB, the funding agency of PFAS grant, is comfortable and has no issues with the pass through role of the City of Santa Ana.
The City of Santa Ana’s adoption of an Authorization Resolution (Exhibit 2) is a requirement of the PFAS grant application and is needed in order for OCWD to execute a grant funding agreement with the State Water Resources Control Board. Additionally, the City must adopt a resolution stating the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA guidelines (Exhibit 3). This project is consistent with Categorical Exemption Class 3 of Section 15303 because it consists of the construction and operation of a small treatment plant at a previously disturbed site representing the development of limited numbers of new, small facilities or structures, and it would not result in any significant impacts to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council 22 – 2 9/19/2023
Resolutions for Wells 27 and 28 PFAS Treatment System Funding September 19, 2023
EXHIBIT(S)
1. PFAS Treatment Facilities and Program Agreement
2. Authorization Resolution
3. CEQA Exemption Resolution
Submitted By: Nabil Saba, P.E., Executive Director - Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 22 – 3 9/19/2023
INSURANCE NOT REQUIRED A-2020-103
WORK MAY PROCEED Return ORIGINAL
CLERK OF COUNCIL executed eoov to rOTC,
to Tc V 13S I ; I O
M-30 EXHIBIT 1
Wa ( lt leir IolP1 rM PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT This PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT ( the Agreement") is effective on the date identified in Section 10. 17 (" Effective Date") of the Agreement, and is between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (" OCWD") on the one hand, and the Cities ofAnaheim, Fullerton, Garden Grove, Orange, Santa Ana and Tustin; and the East Orange County Water District, Irvine Ranch Water District, Serrano Water District, Yorba Linda Water District, and Golden State Water Company ( each a " Producer," and collectively " Producers"') on the other. OCWD and the Producers are each a " Party" and collectively "Parties" to this Agreement.
A. OCWD manages the Orange County Groundwater Basin ("Basin") in northern and central Orange County in order to support a variety of beneficial uses, including potable and non - potable water supply. Much ofthe potable water supply currently used within northern and central Orange County is pumped groundwater for use by persons and Producers within OCWD' s service area. Section 2, subdivision 60.) of the Orange County Water District Act (" OCWD Act") authorizes OCWD to " transport, reclaim, purify, treat, inject, extract, or otherwise manage and control water for the beneficial use of persons or property within the district and to improve and protect the quality of the groundwater supplies within the district." Inasmuch as Orange County is located in a semi -arid area, it is essential that all reasonable efforts be put forth by OCWD, in cooperation with the Producers, to protect the quality and quantity of groundwater supplies within OCWD' s boundaries.
B. A group of man- made substances known as per- and polyfluoroalkyl substances PFAS") has been used in numerous consumer and industrial products since the 1940s. Recent testing in the Basin has revealed that as ofthe Effective Date, at least eleven producers and at least 71 groundwater wells that are sources of drinking water in the Basin are impacted by PFAS.
C. Producers are governmental agencies ( or a regulated public utility) that operate public water systems for the purpose of delivering potable water. They obtain a portion of their water supply by pumping groundwater from Water Producing Facilities within the Basin.
D. In July 2018, the State of California Division of Drinking Water (" DDW") established a Response Level (" RL") of 70 parts per trillion ("ppt") for perfluorooctanoic acid PFOA") and 70 ppt perfluorooctane sulfonate ("PFOS"), two types ofPFAS. In February 2020, DDW established revised RLs of 10 parts ppt for PFOA and 40 ppt for PFOS. Assembly Bill 756, codified at Health and Safety Code Section 116378, and effective January 1, 2020, requires that community water systems, including Producers, either notify their customers ofPFAS detections Producers" means the listed public agencies ( and a regulated public utility) identified herein, and groundwater pumpers later added per Section 10. 16, that extract groundwater from the Basin via "Water Producing Facilities" ( as that term is defined in Section 24 of the OCWD Act), and who are adversely impacted by PFAS in one or more Water Producing Facility/Faeilities they own or operate.
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exceeding RLs or remove from service drinking water sources with PFAS exceeding RLs.' The revised RLs are perceived as a de facto regulation by some Producers.
E. In November 2019, the State of California Office ofEnvironmental Health Hazard Assessment began the process of developing drinking water Public Health Goals (" PHGs") for PFOA and PFOS, the first step in the regulatory process leading to DDW setting enforceable Maximum Contaminant Levels (" MCLs"). As ofthe Effective Date, DDW projected establishing MCLs for PFOA and PFOS by the Fall of 2023, with PHGs projected to be established by the Summer of 2021.
F. PFAS compounds create a unique groundwater contamination issue that impacts many Producers. Without any action, PFAS impacted groundwater may migrate affecting other Water Producing Facilities and larger portions of the Basin.
G. The Parties desire that the Basin continue to provide a groundwater supply of suitable quality to allow for the continuation of all existing and potential beneficial uses, and that is in compliance with all state and federal standards and relevant advisory levels. Quick and effective actions by OCWD, in concert with Producers, are needed to remove, treat and control PFAS down to established regulatory limits while also removing them to prevent their contamination ofother portions of the Basin.
H. The Parties recognize the necessity and commit to a high level of coordination to expeditiously design, construct and operate PFAS treatment systems (" Treatment Systems") to remove PFAS from the Basin where PFAS is detected in Water Producing Facilities.
I. Until Treatment Systems are constructed, the impacted Producers will be purchasing greater amounts of more expensive imported water, and water in the Basin containing PFAS will not be treated so as to prevent its spread to other portions of the Basin.
J. As a result of DDW issuing revised RLs for PFOA and PFOS, and anticipated issuance of RLs and state or federal MCLs for other PFAS, Producers have lost, or are anticipated to lose upon finalization ofthe RLs and/or MCLs for one or more PFAS, pumping capacity in one or more Water Producing Facilities due to the presence of PFAS. Given the magnitude of the PFAS problem within the Basin, and OCWD' s desire to improve and protect the quality of the groundwater supplies within the District so that groundwater from the Basin may be beneficially used, OCWD has developed, and is implementing through this Agreement and other actions, a new program that will allow OCWD to purify and treat groundwater containing PFAS by substantially funding, contracting and cooperating with Producers to develop, construct, operate, and maintain Treatment Systems such that water quality within the OCWD will be purified and improved (" Program"), and such that Producers can continue to beneficially use groundwater from the Basin after treatment for drinking water purposes. Producers desire to participate in the Program.
z DDW' s February 2020 guidance directs community water systems to test for PFAS using EPA Method 537. 1 and notes that DDW defines PFAS " as those analytes included in EPA Method 537. 1."
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K. OCWD has the authority to " construct, purchase, lease, or otherwise acquire, and to operate and maintain necessary waterworks and other works, machinery, [ and] facilities ... useful or necessary to ... protect the quality of the common water supplies of [OCWD] and purposes incidental thereto." 3 OCWD may also perform groundwater cleanup, abatement, or remedial work in cooperation with any other governmental agency, and may initiate cost recovery actions against persons responsible for causing contamination of the Basin, and for its costs in cleaning up or containing contamination or pollution of the Basin.' OCWD is also authorized under Section 2( 6)( 1.) of the OCWD Act to protect and improve water quality within the Basin by entering into contracts with Producers to produce more groundwater from the Basin, while taking less water from alternative non -tributary sources, where OCWD determines that such increased production of groundwater will result in removal of contaminants or pollutants from the Basin that otherwise would not be removed. Specifically, OCWD has authority, "for the common benefit of the district and for the purpose of managing the groundwater basin and managing, replenishing, regulating, and protecting the groundwater supplies within the district" to enter into an agreement with Producers to increase the production of groundwater in lieu ofwater from an alternative non - tributary source for the purpose of removing contaminants or pollutants from the Basin. OCWD may also " pay from district funds that portion of the cost of the groundwater production as will encourage the production for beneficial use of polluted or contaminated groundwater, as long as that pollution or contamination is impairing the quality ofthe water supplies within the district and the quality of the water supplies within the district will be improved by that production." L. OCWD has determined that certain portions of the Basin in the vicinity of Producers' Water Producing Facilities are polluted by PFAS, and that entering into this Agreement with Producers will encourage beneficial use of groundwater polluted by PFAS that would otherwise not be used while improving the quality ofwater supplies within the District.
M. OCWD and the Producers mutually desire to enter into this Agreement pursuant to the OCWD Act to document the Program responsibilities of the Parties in the construction and operation of PFAS Treatment Systems, systems that the Parties will use to treat PFAS pollution and contamination, thereby improving the quality of groundwater supplies within OCWD.
The Parties therefore agree as follows:
1. The Recitals above are deemed true and correct and are hereby incorporated in this Agreement as though fully set forth herein. The Parties agree that the actions that will be taken pursuant to this Agreement are reasonable and necessary to accomplish the goals and objectives ofthe OCWD Act.
2. PURPOSE.
2. 1 Facilitation of Basin -wide Treatment. OCWD and the Producers intend to facilitate treatment of Basin groundwater impacted by PFAS. OCWD will coordinate and fund planning and treatment pilot studies and design efforts, and fund the construction costs of PFAS 3 OCWD Act, Section 2, Subd. 5.
OCWD Act, Section 8.
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Treatment Systems in the Basin subject to the provisions of this Agreement. OCWD will also fund a portion of the operation and maintenance costs of those facilities.
2.2 HAS Compounds and Reopener. The Parties recognize the necessity of and commit to a high level of coordination to expeditiously design, construct and operate HAS Treatment Systems to remove PFAS from the Basin where HAS is detected in a Producer' s existing or anticipated) Water Producing Facilities at or above 80% of an applicable RL or MCL.
The Parties acknowledge that additional compounds within the HAS family may become regulated during the term of this Agreement. To the extent the Treatment Systems developed under this Agreement requires modification to treat PFAS that becomes regulated after the Effective Date, the Parties will, where necessary and mutually agreed upon, amend this Agreement to provide for treatment of additional compounds in the PFAS family.
3. PLANNING.
3. 1 Planning Study. OCWD has retained a consultant to prepare a " Planning Study" to evaluate the Producers' water systems, any oftheir Water Producing Facilities impacted by PFAS (" Impacted Wells"), and potential locations for construction of PFAS Treatment Systems for Impacted Wells. OCWD shall cause the consultant to actively consult with Producers in connection with preparation ofthe Planning Study. OCWD shall cause the consultant to provide a final Planning Study report to OCWD and Producers concurrently.
3. 2 Pilot Study. OCWD shall perform a PFAS treatment " Pilot Study" to evaluate different treatment technologies to remove PFAS from groundwater.
3. 3 Treatment Systems. OCWD shall use the results of the Planning Study and the Pilot Study to reasonably determine the type and final design of the Treatment Systems to treat PFAS contamination in the groundwater produced by Impacted Wells to levels below the RL or MCL. Development ofthe final design ofTreatment Systems will consider 30- year lifecycle costs, including but not limited to Treatment System footprint and physical setting, relative land values, the proximity to existing water infrastructure and energy sources, operational costs and limitations, and any HAS treatment studies conducted by Producers. The Treatment Systems will be designed for a 30- year useful life. If OCWD and a Producer mutually agree, a Treatment System that can remove PFAS contamination down to non -detect concentrations, depending upon site specific circumstances, may be designed and constructed.
3. 4 Enhancements/Additions to Treatment System. If Producer desires to construct additions or enhancements to the PFAS Treatment System beyond what OCWD determines is the appropriate Treatment System, then OCWD will reasonably estimate the cost of those additions or enhancements ( including planning costs, design costs, capital costs and operation and maintenance [" O& M"] costs) with assistance and input from Producer( s). For OCWD-Built facilities (defined below), OCWD shall include the additions or enhancements in the design and construction of the treatment facilities upon OCWD determination of feasibility of efficiently operating the Treatment Systems with the requested additions or enhancements.
Producer shall reimburse OCWD for all costs associated with the OCWD-Built addition or enhancement constructed by OCWD. For Producer Built Treatment Systems that contain additions or enhancements beyond what OCWD determines to be an appropriate Treatment System, 2629/022499* 087
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Producers shall have no right of reimbursement from OCWD for Producers' costs attributable to such additions or enhancements.
3. 5 Producer Assistance. Producers shall support and assist OCWD in connection with the Planning Study, Pilot Study, and development of what constitutes an appropriate Treatment System design. " Support and assist," as used in this Agreement means timely providing reasonable staff time and available data/technical information where requested by OCWD to ensure OCWD has sufficient information to timely complete its obligations under this Agreement.
3. 6 Untested Water Producing Facilities. OCWD reserves the discretion to delay the design and to not construct Treatment Facilities at Water Producing Facilities that have not been individually tested for PFAS, or which have not demonstrated consistent exceedance of an applicable PFAS RL or MCL.
4. DESIGN AND CONSTRUCTION OF PFAS TREATMENT FACILITIES.
4. 1 Fundiniz. OCWD shall fund the reasonable cost to design and construct the Treatment System, except for necessary real property and entitlements for siting the Treatment System as described in Section 4.4. OCWD' s funding obligations apply both to OCWD-Built or Producer -Built Treatment Systems, as defined below. OCWD' s funding obligations include planning, design, and construction of the Treatment Systems whether OCWD-Built or Producer - Built.
4.2 OCWD Construction or Reimbursement. The Producer shall elect either:
A. to have the Treatment System designed and built by OCWD OCWD-Built"); or
B. to be reimbursed for having the Treatment System designed and built by the Producer (" Producer -Built").
4.3 CEQA. In connection with the proposed Treatment System for Impacted Wells, the Parties shall work together to determine the best plan for and the lead agency for the purpose of complying with the California Environmental Quality Act (" CEQA"). Where a Producer serves as lead agency for a CEQA project, OCWD shall serve as a Responsible Agency and approve the portions of the CEQA project that OCWD will carry out. OCWD shall fund CEQA expenses incurred in connection with the Treatment System whether it is a Lead Agency or a Responsible Agency. Upon a Producer' s request, OCWD shall prepare necessary CEQA documents for the Treatment System. OCWD shall fund any reasonable CEQA mitigation cost excluding land acquisition expenses.
4.4 Property Acquisition, Entitlements.
A. Land and Rights ofWay. Each Producer shall secure at its expense any land and/ or right of way necessary to construct the Treatment System( s). 2629/ 022499- 0087
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B. Entitlements. Each Producer shall obtain at its expense all land use entitlements necessary to construct the Treatment System( s).
C. Property Conditions for OCWD-Built Treatment System. If a Producer chooses an OCWD-Built Treatment System, then OCWD will have no obligation to design or construct the Treatment System until a Producer has demonstrated it has obtained lands and land use entitlements sufficient to permit construction of the Treatment System. OCWD may begin final design work for facilities where land use entitlements are in the process of being obtained. If a Producer is unable to obtain the necessary entitlements within twelve months after the completion of the preliminary design for an Impacted Well, then Producer shall reimburse OCWD for reasonable design costs associated with that location unless the twelve month deadline is extended by mutual agreement of the Parties.
4.5 OCWD-Built Facilities. The provisions of this Section 4. 5 apply to PFAS treatment facilities that a Producer elects to have OCWD design and build.
A. Design. OCWD will consult with and seek input from the Producer on the design and construction of the Treatment System, including the need for any extended manufacturer' s warranties on Treatment System components. Producer shall support and assist OCWD in hiring design consultants and designing the Treatment System, but OCWD will have the reasonable authority and discretion in determining the Treatment System final design. The level of treatment selected by OCWD must allow the Producer to treat regulated PFAS to comply with RLs or MCLs, unless special circumstances dictate an alternative approach. Additions or enhancements to the Treatment System are subject to section 3. 4.
B. Property Rights. A Producer shall provide OCWD with temporary property rights over any site necessary for construction, staging, and laydown for the Treatment System project. These temporary property rights will be in the form of a license or temporary construction easement, or other property right sufficient to provide for OCWD' s control of the site during construction.
C. Advertising and Award of Construction Contracts. OCWD shall advertise, where required by the OCWD Act, and award construction contracts for construction of the Treatment System. A Producer shall support and assist OCWD in these efforts, and shall expeditiously provide any documents necessary for construction at no charge to OCWD.
D. Administration and Inspection. OCWD will administer the necessary contracts to construct the Treatment System, including reviewing and responding to contractor requests for information or requests for clarification, reviewing and approving shop drawings, and filing a Notice ofCompletion. OCWD shall provide all construction and inspection for the Treatment System.
E. Transfer of Treatment System. Upon filing the Notice of Completion for the Treatment System, OCWD will transfer the constructed and operating Treatment System to the Producer with an appropriate legal instrument and a quitclaim of any property rights obtained under Section 4.4. OCWD shall provide the Producer with copies of all applicable O& M manuals and record drawings for the Treatment System in OCWD' s possession. 2629/ 022499- 0087
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Upon the Producer' s receipt ofthe legal instrument and quitclaim ofproperty rights, Producer shall be solely responsible for ensuring the proper operation, maintenance and repair of the Treatment System. The Parties may arrange for extended warranties on any component of the Treatment System, which additional cost may be paid for by the Producer, and which extended warranty will be transferred to the Producer together with the transfer documents.
F. Warranty, Post -Construction Remedies. OCWD will make construction warranty repairs and modifications not attributable to the negligence or willful misconduct of Producer for one year after the date of filing of the Treatment System Notice of Completion. The Parties will also, to the extent they deem prudent, jointly pursue any statutory construction defect remedies against third -party designers and contractors.
G. DDW Permit Assistance. OCWD will support and assist the Producer with technical information in modifying the Producer' s DDW operating permit to account for and authorize the new Treatment System as part ofthe Producer' s public water system.
4.6 Construction by Producer. The provisions ofthis Section 4.6 apply to HAS treatment facilities that a Producer elects to design and build.
A. OCWD Approval ofDesien. The Producer shall prepare and submit to OCWD for approval a conceptual design for the Treatment System. OCWD shall review and approve the design in writing within 30 days, which approval will not be unreasonably withheld.
Once conceptual design for a Producer' s proposed Treatment System is approved by OCWD, the Producer will coordinate with OCWD in the planning and final design of the Treatment System.
The Producer shall then prepare and submit the final design to OCWD for approval. OCWD shall participate in the Producer' s project meetings as necessary to obtain OCWD' s final approval of the Treatment System in an expeditious manner so as not to delay the Producer' s design and construction of the Treatment System. OCWD shall review and approve the final design, if deemed reasonable and effective, in writing, within 30 days. Such approval will not be unreasonably delayed or withheld, though OCWD shall have the right to place reasonable conditions on the final design approval.
B. Construction. Upon OCWD' s approval of the final design, the Producer shall advertise, award, and ensure timely completion of all necessary contracts to construct the Treatment System. The Producer shall notify OCWD upon the award of the construction contract and upon recording the Notice of Completion.
5. OPERATIONS, MAINTENANCE AND REPLACEMENT.
5. 1 30-Year Term. Each Producer shall operate, maintain, and repair a Treatment System, and any related Impacted Well, for the earlier of:
A. 30 years following the filing of the Notice of Completion; or B. Until water produced from the Impacted Wells meets RLs or MCLs for PFAS.
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5. 2 Operating Standards. OCWD recognizes in the normal course ofoperating a water system, the Treatment System and Impacted Wells may need to be turned off for routine maintenance, seasonal demands, emergencies, accommodating in -lieu imported water deliveries, and major repairs. Each Producer agrees to operate the Treatment System in a manner consistent with industry standards and take actions in the same manner as a reasonably prudent water system operator, with the understanding that the Treatment System funded by OCWD is intended to be regularly used for daily treatment of groundwater as long as PFAS exceeds an RL or MCL in the Basin in the vicinity of the well. The Parties understand and agree that Treatment Systems constructed or funded by OCWD are not intended to be used as " stand by" treatment systems.
5. 3 Compliance, Permits, Testing, Reporting. Each Producer shall obtain and comply with any and all regulatory permits, permissions or approvals necessary to operate and maintain the Treatment System. Producer shall operate and maintain the Treatment System in accordance with state and federal regulatory requirements, prevailing industry standards, good housekeeping practices, and equipment manufacturer recommendations and requirements.
Producer shall perform required water quality testing and reporting to verify the successful operation of the Treatment System to comply with regulatory requirements. If a Producer fails to timely perform testing and/or reporting in the future, then OCWD may in its reasonable discretion assume responsibility from a Producer for required water quality testing and/ or reporting and that Producer shall timely pay OCWD all reasonable and necessary costs for that testing and reporting or such costs shall be deducted from OCWD' s reimbursement payments to the Producer per Section 5. 4.
5. 4 Post -Completion inspection; Cost Recoupment.
A. OCWD will periodically inspect the Treatment System after the filing of the Notice of Completion, to review the adequacy ofProducer O& M activities. Producer shall provide access to the Treatment System after receiving reasonable notice from OCWD.
B. To the extent OCWD finds that Producer is not adequately operating and maintaining the Treatment System in accordance with industry standards and the manufacturer' s directions, OCWD will, in the following order:
1) meet with the Producer in attempt to resolve the inadequate operation or maintenance;
2) formally notify the Producer of its obligation to properly maintain and operate the treatment system and give the
Producer up to 120 days to remedy any OCWD finding of
inadequate maintenance and/ or improper operational
protocols;
3) after 120 days, suspend O& M payments described in
Section 6.2 until such time as the Producer demonstrates to OCWD that it is properly operating and maintaining the
treatment system;
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4) no sooner than 270 days from the initial formal notice, terminate this Agreement and seek to recoup, where
applicable, the cost of constructing the Treatment System and/ or other applicable damages. 5
6. FINANCIAL.
6. 1 Capital Costs —Payment and Reimbursement.
A. OCWD-Built Facilities —Upfront Payment. For OCWD-Built Treatment System, OCWD will pay as up -front costs all planning, design, construction, and startup costs as described above, except for the costs for property rights, land use entitlements, additions or enhancements, or as otherwise described in this Agreement.
B. Producer -Built Facilities —Reimbursement. OCWD shall reimburse the Producer for all of the Producer' s reasonable expenses for the planning, design, construction, and start- up of Treatment System on a monthly basis. OCWD shall pay reimbursements to the Producer within 30 days of receiving adequate documentation from the Producer.
C. Prior Expenditures. Within 60 days after the Effective Date, OCWD will reimburse the Producer for any previous reasonable and authorized expenses incurred by the Producer prior to the Effective Date in evaluating or developing the design for or constructing the Treatment System for the Producer' s Impacted Wells.
1) Authorized expenses include, but may not be limited to:
1) design type costs, consultants and contractor; ( 2) pre -purchase of equipment and media for Treatment System; ( 3) equipment installed to temporarily treat for PFAS compounds which can be repurposed by the Producer into the Producer' s final Treatment System; ( 4) permitting cost; and ( 5) CEQA type expenses. These same expenses incurred by Producer going forward are also eligible for reimbursement. Design, engineering, or evaluative type expenses incurred by a Producer that may be eligible for reimbursement, as reasonably determined by OCWD in its sole discretion (with input from the Producer) could include: ( 1) outside consultant costs and studies incurred by the Producer and related to the development and design of the Treatment System; 2) equipment installed to temporarily treat for PFAS compounds which can be repurposed by OCWD into a final treatment system; ( 3) permitting cost; and (4) CEQA type expenses. 5 Any action by OCWD to recoup its, or the Producer' s, OCWD funded costs for construction of the PFAS treatment system would be prorated based upon the length of time the treatment facilities has been in operation, and by any percentage of third -party cost recovery OCWD has obtained. For example, a breach by Producer in year twenty-five (25) of the thirty (30) year term of this Agreement would result in OCWD recouping significantly less than if the breach occurred in year five since twenty five years of useful life of the facility would have occurred, and would be further offset by any third -party cost recovery obtained by OCWD during that time. 2629/022499- 0087
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2) Unauthorized expenses for reimbursement shall include:
1) the Producer' s staff time; (2) direct or indirect overhead type expenses for staff; and ( 3) costs not primarily attributable to Treatment System design, construction and O& M.
6.2 O& M Reimbursement.
A. Reimbursement Rate. OCWD shall reimburse each Producer for 50% of allowable O& M costs, up to $ 75/ acre- foot ofwater treated by the Treatment System.
B. O& M Unit Cost. Each Producer shall annually calculate the O& M unit cost of the Treatment System on a July 1st to June 30th fiscal year basis and submit this information by October 1st of the following fiscal year to OCWD for review and reimbursement.
The unit cost shall be calculated by dividing all appropriate and allowable O& M expenses by the Treatment System total water treated. The annual submittal by the Producer shall include all documentation and backup information necessary to support the unit cost calculation. Each Producer shall provide any reasonable information requested by OCWD in verifying the Producer' s unit cost or other expenses for which the Producer seeks reimbursement per this Agreement. After execution of the agreement, at the request of the Producer after the Treatment System( s) are fully operational, OCWD will make a six month progress payment by January 30th of each fiscal year based upon no more than 50% of the estimated eligible total O& M cost OCWD would normally reimburse at the end of the fiscal year as determined by OCWD with input from the Producer.
C. Reimbursable/Allowable Costs. Allowable O& M costs are the costs to the Producer necessarily incurred for the regular operation and maintenance of the Treatment System, as reasonably determined by OCWD after good faith consultation with Producer.
Allowable O& M cost shall consider the specific site issues of each Treatment System. Examples of allowable O& M costs may include, but are not limited to:
1) periodically replacing carbon, resin, or other adsorption media;
2) necessary power and chemical cost to operate the Treatment System;
3) routine maintenance of the Treatment System;
4) periodic repair and replacement type cost items;
5) cost ofadditional stafftime to operate the Treatment System; 6) required water quality sampling and testing for compliance monitoring;
7) determining and implementing compliance with new or
revised PFAS regulations;
8) additional pumping cost caused by the Treatment System; 26291022499- 0097
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9) disposal of waste materials generated by the Treatment System, including landfill costs and incineration, and costs of hazardous waste disposal (if applicable);
10) sewerage costs associated with maintenance/ backwash of the Treatment System; and
11) such other reasonable maintenance costs as are necessary to ensure the Treatment System continues to operate properly consistent with its design.
D. Non -reimbursable costs include:
1) existing Producer staff time costs not attributable to the PEAS Treatment Facilities;
2) direct or indirect overhead type expenses for staff; and 3) cost resulting from a Producer' s inadequate operation and maintenance of the Treatment System.
E. Reimbursement Rate Adiustment. The $ 75/ acre foot rate will be automatically adjusted annually each July 1 ( beginning July 1, 2021) by the percentage differential based on the last two annual indices set forth in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers - Los Angeles -Long Beach -Anaheim. The maximum O& M reimbursement rate may be increased by OCWD if there are unforeseen, unique or specific circumstances of the Treatment System that, through no fault of a Producer, result in a higher cost of treatment at a Producer' s treatment system, including increased costs attributable to new statutes, regulations or regulatory interpretations.
F. Submittals; Reimbursement Timing. OCWD shall reimburse each Producer its allowable O& M costs incurred by a Producer within 60 days of receiving the Producer' s annual O& M unit cost calculation and supporting information as described in Section 6. 2.B. via direct payment.
G. Treatment Media. OCWD may solicit and enter into a future contract with the appropriate activated carbon, resin, and/ or other adsorption media manufacturers to obtain a lower price for this material than could be obtained by the individual Producer. Unless a Producer opts out in writing of this Section within 30 days of the Effective Date, Producer will support and participate in OCWD efforts to obtain a lower cost for activated carbon and/or resin.
6.3 Grants.
A. OCWD- Sought. OCWD may seek federal, state, or other grant funding to offset costs of the PEAS program contemplated by this Agreement. Each Producer shall support and assist OCWD, as may be reasonably requested by OCWD, to obtain any grants that maybe used by OCWD to fund construction and/ or future O& M ofTreatment Systems. Grant 2629/022499- 0087 -
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funds received by OCWD will be used to fund OCWD' s costs ofplanning, design and construction ofTreatment systems, unless otherwise required by the terms of that grant.
B. Producer Support to OCWD-Sought Grants. Each Producer shall support and assist OCWD in preparing any annual reports or documents necessary for OCWD to comply with grants received for the HAS program. Subject to the requirements of this Section 6. 3, no provisions in this Agreement will prevent a Producer from applying for grants or loans, from any source, for PFAS treatment projects in its service territory.
C. Producer -Sought Funding. A Producer may also seek third -party funding for Treatment System -related expenses. Any outside development and design type grants or funding initiated and received by a Producer will be utilized to offset OCWD' s PFAS design or construction costs forthe Producer. If a Producer receives any grants or other third -party funding for operational expenses of the Treatment System, that Producer shall share those proceeds with OCWD in proportion to the percentage ofO& M funded by OCWD if allowed by the grant or other third -party funding instrument.
6.4 Records Retention, Audit. The Parties shall keep and maintain all records, accounts and reports relating to this Agreement for a period of at least ten years after the date of a final judgment or final settlement resolving any and all litigation related to PFAS cost recovery initiated per Section 7.4 of this Agreement. The Parties will have access to these records at any time during normal business hours upon 10 calendar days' notice. At its cost, any Party may audit the books, records and accounts of the Party relating to its performance ofthis Agreement, and the audited Party shall provide reasonable cooperation to the auditing Party in this regard.
7. RISK ALLOCATION.
7. 1 Insurance.
A. Construction Activities. In the hiring of consultants and contractors to design and build the Treatment System, the hiring or contracting Parry will have the other Party OCWD, if Producer -Built, or the designing/building Producer, if OCWD-Built) included as an additional indemnitee and additional insured on the same basis and with the same limits in all contracts. The hiring Party will use the higher of the two Parties' standard limits for the purpose of coverage requirements. For example, in connection with an OCWD-Built Treatment System, OCWD shall have Producer named as an additional indemnitee and an additional insured in all consulting and construction contracts related to the Producer' s Treatment System(s). In connection with a Producer -Built Treatment System, Producer shall have OCWD named as an additional indemnitee and an additional insured in all consulting and construction contracts. The hiring or contracting Party shall provide the other Party with proof of insurance, including additional insured endorsements.
B. Parties' Coverage. Each Producer shall take out and maintain in effect at all times during the term of this Agreement comprehensive general liability insurance in an amount not less than $ 2 million per occurrence, for bodily injury, death and property damage associated with the operation and maintenance of the Treatment Facilities and Impacted Wells, naming OCWD as an additional insured under such policy. An endorsement evidencing this 2629/ 022499- 0087
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insurance coverage shall be furnished to OCWD prior to OCWD or Producer commencing construction on a Treatment System. Ifthe Producer is, or becomes, partially or fully self -insured for its public liabilities, a letter executed by the Producer' s ChiefExecutive stating the Producer' s self -insured status and acknowledging its responsibility to indemnify OCWD as required in this Agreement, may be furnished in lieu of the insurance endorsement otherwise required herein. The Producer shall provide written notice to OCWD of any change in the Producer' s insured or self - insured status within 30 days of the date of such change.
7.2 Indemnity.
A. By Producer:
1) Each Producer shall defend, indemnify and hold OCWD, harmless from and against any and all actions, suits, claims, demands, judgments, attorney' s fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities collectively, " Claims") that may be asserted or claimed by any third party arising out of the negligent or reckless performance or implementation of this Agreement by Producer except for Claims arising out of or relating to the design or construction of a Treatment System where OCWD designed or constructed the Treatment System.
2) Producer shall indemnify, defend and hold OCWD harmless from any liability, or regulatory enforcement attributable, in whole or in part, to Producer' s failure to properly operate and maintain the Treatment System and Impacted Wells.
B. By OCWD:
1) OCWD shall defend, indemnify and hold each Producer
harmless from and against any and all Claims that may be asserted or claimed by any third party arising out of the negligent or reckless performance or implementation of this Agreement by OCWD, except for Claims arising out of or relating to the design or construction of a Treatment System where the Producer designed or constructed the Treatment System.
7.3 Release and Hold Harmless.
A. Producers' Release ofOCWD.
1) Producers, and each of them, hereby release OCWD, its officers, directors, employees, agents and representatives, from any and all liability, known or unknown, arising out of, or otherwise attributable to the discovery and/ or presence of PFAS in the Santa Ana River, the Basin, Producers' Water Producing Facilities, and Producers' potable or non - potable water system, before, during or after treatment. Such release shall include, but is not limited to, claims or litigation initiated by third parties against a Producer or OCWD, and any other legal, administrative, or regulatory actions associated with OCWD' s performance ofits obligations under this Agreement (unless attributable to OCWD' s sole active negligence or willful misconduct during such performance).
B. OCWD' s Release ofProducers.
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1) OCWD hereby releases each Producer, their officers,
directors, employees, agents and representatives, from any and all liability, known or unknown, arising out of, or otherwise attributable to the discovery and/ or presence ofPFAS in the Santa Ana River, the Basin, Producers' Water Producing Facilities, and each Producers' potable or non - potable water system, before, during or after treatment. Such release shall include, but is not limited to, claims or litigation initiated by third parties against a Producer or OCWD, and any other legal, administrative, or regulatory actions associated with a Producer' s performance ofobligations under this Agreement ( unless attributable to a Producer' s sole active negligence or willful misconduct during such performance).
2) This release by OCWD does not pertain in circumstances where liability results, or is alleged to result, from the failure of a Producer to properly operate and maintain the Treatment System constructed per this Agreement.
C. Producer' s Release of other Producers.
1) Each Producer hereby releases and shall hold the other Producers harmless from liability associated with the presence of PFAS in the Basin. 2) However, this release by each Producer does not pertain to circumstances where liability results, or is alleged to result, from the failure of the other Producer( s) to properly operate and maintain the Treatment System(s) constructed per this Agreement.
D. No Admission of Liability. Nothing contained herein shall be deemed an admission of liability by any Party to this Agreement.
7.4 Legal Cost Recovery Efforts.
A. OCWD anticipates commencing litigation against responsible parties, including chemical manufacturers of PFAS, in order to recover costs from persons responsible for placing PFAS into the stream of commerce and/ or the environment where it could make its way into the Basin (" Damages"). The Producers shall support, coordinate, assist and comply with all reasonable OCWD requests regarding OCWD' s cost recovery litigation related to pursuit of Damages associated with PFAS.
B. OCWD will request each Producer that has sustained Damages to determine if intends to jointly retain counsel (" Shared Litigation Counsel") with OCWD in litigation to recover Damages. Producers who join as co -plaintiffs are " Participating Producers" in OCWD' s cost recovery efforts.
C. OCWD and Participating Producers will establish a Steering Committee and Executive Committee to direct Shared Litigation Counsel and make litigation decisions.
D. OCWD and Participating Producers will enter into an appropriate joint prosecution/ common interest agreement to hire Shared Litigation Counsel and establish 2629/ 022499-0087
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confidentiality and privilege concerning communications and work product of the Steering Committee and Executive Committee.
E. OCWD and Participating Producer agree that any Damages obtained in the PFAS litigation will be pooled and distributed to OCWD and Participating Producers proportionally to their respective claimed damages, such that each Participating Producer and OCWD will recover the same percentage of their overall claimed damages in the manner shown on Exhibit A.
F. Participating Producers can decide at any time to discontinue participation in the litigation initiated by OCWD, but agree, if applicable, to pay to Shared Litigation Counsel, in accordance with any retainer agreement negotiated with Shared Litigation Counsel, for the withdrawing Producers share ofShared Litigation Counsel' s reasonable attorneys' fees and cost incurred prior to the date ofwithdrawal (ifany). Further, per the terms of any retainer agreement with Shared Litigation Counsel, the Participating Producers agree to maintain as confidential, and where applicable, to return, any communications and work product obtained via the litigation.
G. OCWD believes that it is in the best interest of OCWD and Producers impacted by PFAS to jointly initiate litigation as co -plaintiffs with Shared Litigation Counsel. However, if a Producer decides to pursue or initiate separate PFAS litigation ("Separate Litigation"), Producer shall notify OCWD of such intent thirty (30) days prior to formally filing the Separate Litigation. Producer in the Separate Litigation must comply with the following:
1) The Producer shall give OCWD the opportunity to review and comment on Separate Litigation documents ( e. g., pleadings) prior to any Separate Litigation filing. 2) No PFAS related cost incurred by OCWD, or likely to be incurred by OCWD, and related to the Producers treatment system( s) ( construction and/ or O& M), will be asserted in a Producer' s Separate Litigation.
3) In order to prevent duplicative claims for the same damages in separate lawsuits, assertion of which without OCWD' s consent shall constitute a violation of this Agreement, OCWD must approve any PFAS related cost a Producer is seeking to recover prior to its assertion in Separate Litigation. However, OCWD shall not unreasonably withhold such approval, and shall consult in good faith with counsel for a Producer that wishes to initiate Separate Litigation in order to seek ways to accommodate the interests ofboth Parties, prior to disapproving any cost.
4) A Producer shall closely coordinate its separate legal action with OCWD, and, where requested in good faith by OCWD, support the positions taken by OCWD related to PFAS in court and in political, community and business forums. 5) A Producer shall not assert claims against OCWD in any litigation related to PFAS, or otherwise knowingly take positions that could result in OCWD or other Producers incurring liability related to PFAS as a result of the position asserted by the Producer in the Separate Litigation.
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S. EXPIRATION AND TERMINATION. This Agreement expires 30 years from the Effective Date. A Producer may terminate this Agreement upon providing 90 days written notice to OCWD. However, if a Producer terminates this Agreement prior to the 30 year date of expiration, the Producer shall reimburse OCWD for all of OCWD' s umecovered costs in constructing the Treatment System using the methodology described in footnote 5, plus any other reasonable expenses incurred by OCWD as a result of the early termination.
9. NOTICE. Any notice, instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as set forth in Exhibit B. Notice under this Agreement may also be provided to such other address as any Party may direct in writing to the other. Service of any instrument or document given by mail will be deemed complete upon receipt if delivered personally, or forty eight (48) hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above.
10. MISCELLANEOUS.
10. 1 Further Assurances. The Parties shall execute and deliver any documents and cooperate in performing any acts necessary to further the intent of this Agreement.
10.2 Time is of the Essence. Time is ofthe essence in performing all obligations under this Agreement.
10.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which is an original. All signatures taken together will be considered as one and the same agreement.
10.4 Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will be suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes; riots; fire; flood; federal, state or county regulatory action; pandemics, war; or terrorism.
10. 5 Dispute Resolution. If a dispute arises between the Parties in connection with this Agreement, the Parties shall engage in a mediation before a third -party neutral.
10. 6 Successors and Assigns. All of the terms, conditions and provisions of this Agreement inure to the benefit of and will be binding upon OCWD, the Producer, and their respective successors and assigns.
10. 7 No Implied Waivers. If any term, condition or provision ofthis Agreement is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Agreement.
10.8 No Obligation to Third Parties. The approval, execution and performance of this Agreement does not confer any rights upon any person or entity other than OCWD and the Producers. There are no third -party beneficiaries to this Agreement. Each Producer' s obligations 7619/ 022499- 0097
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under this Agreement are to OCWD only, unless otherwise specifically stated herein e. g., requirement to release or provide notice to other Producers).
10. 9 Nature of Relationship. This Agreement does not create, and will not be construed or deemed to create, any agency, partnership, joint venture, landlord -tenant or other relationship between OCWD and any Producer except as specified in this Agreement.
10. 10 Integration, Construction and Amendment. This Agreement represents the entire understanding of OCWD and each Producer as to the design and construction of PFAS treatment facilities for the Impacted Wells. No prior oral or written understanding will be of any force or effect with respect to those matters covered by this Agreement. This Agreement will be construed as if drafted by both OCWD and each Producer.
10. 11 Modification, Variance and Most Favored Nation Provisions. Unless specifically authorized herein, this Agreement may not be modified, altered or amended unless in writing signed by authorized representatives of both OCWD and all Producers, except that OCWD and any individual Producer may enter into a Producer -specific " Variance" that will be applicable only with respect to OCWD and that specific Producer. Except for where site -specific circumstances require unique considerations, OCWD shall interpret and administer this Agreement in a similar manner with each Producer. At least 30 days prior to approving any proposed Variance, OCWD will provide written notice of the proposed Variance to the other Producers and provide each with an opportunity to opt in to the same terms ofthat Variance. Upon approval of any Variance, OCWD shall provide a fully -executed version of the Variance to each Producer that has opted in under the Variance.
10. 12 Severabilitv. Each provision ofthis Agreement is severable from the whole.
If any provision of this Agreement is found contrary to law, the remainder ofthis Agreement will continue in full force.
10. 13 Authority.
A. Producer hereby agrees that funding provided by OCWD per this Agreement is in furtherance of OCWD' s purpose of treating/purifying water in the Basin to facilitate beneficial use of locally produced groundwater water in order to increase production of groundwater containing PFAS from the Basin —to levels typical prior to setting of RLs for PFAS, and that Producer' s production ofwater from the Basin is in lieu ofProducer taking water from an alternative non -tributary source, thereby furthering OCWD' s efforts to remove or eliminate PFAS contaminants from the Basin.
B. By entering into this Agreement, each Party represents that it, and to the best of its understanding the other Parties to this Agreement, have proper legal authority to enter into this Agreement and to fund the work described herein. Each person executing this Agreement on behalf of a Party warrants that they are: ( 1) duly authorized to execute and deliver this Agreement on behalf of that Party, ( 2) by executing this Agreement, that Parry is formally bound to the provisions of this Agreement, and ( 3) entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. No individual signing this Agreement shall have individual liability under this Agreement. As a condition of entering this 262W022499- 0087
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Agreement, all Parties expressly waive any future challenge to the legal authority of the other Parties to enter into this Agreement, or to the authority of any other Party to fund the programs described in this Agreement.
10. 14 Construction and Amendment. The terms of this Agreement will be construed in accordance with the plain meaning ofthe language used and will not be construed for or against any Party by reason ofthe authorship ofthis Agreement or any other rule of construction which might otherwise apply. The headings of sections and paragraphs of this Agreement are for convenience or reference only and will not be construed to limit or extend the meaning of the terms, covenants and conditions ofthis Agreement. This Agreement may only be amended by the mutual consent ofthe Parties by an instrument in writing.
10. 15 No Admissions. Nothing in this Agreement may be deemed an admission.
Moreover, no language that may have previously been circulated in prior drafts ofthis Agreement, but subsequently removed at the request of a Producer, shall be used by either Party as evidence, or in any other manner, in litigation currently pending in Los Angeles Superior Court between OCWD and the City of Anaheim, Yorba Linda Water District, Golden State Water Company, Mesa Water District, and East Orange County Water District on the one hand, and Irvine Ranch Water District ( IRWD) on the other, Case No. BS168278 [ Lead Case] Case No. BS175192 Consolidated Case] ( the " Litigation"), as such Litigation may be amended from time to time.
10. 16 Additional Parties. Notwithstanding any other provision ofthis Agreement, OCWD is authorized to allow other groundwater pumpers in the Basin adversely impacted by PFAS, but not named in this Agreement, to become Parties to and execute this Agreement without obtaining the concurrence of the other Parties to this Agreement or otherwise modifying this Agreement (except to add an additional signature block).
10. 17 Effective Date and Bindine Effect. The date OCWD executes this Agreement shall be the Effective Date of this Agreement. Each Party executing the Agreement thereafter shall be bound by, and benefit from, the terms of this Agreement on the date that Parry executes the Agreement, notwithstanding that other Parties have not yet executed the Agreement.
No Party shall be bound by this Agreement until such Party has executed this Agreement, nor shall any Party that has executed this Agreement owe any contractual duty to any Parry that has not yet executed this Agreement until such other Party executes this Agreement. The timelines referenced in Sections 6. 1( C) and 6.2 ( G) ofthis Agreement shall begin to run on the date a Producer executes this Agreement if such date is after the Effective Date.
10. 18 Electronic Signatures. Any Party may execute this Agreement using an electronic signature," as that term is defined in California Civil Code Section 1633. 2, or a " digital signature," as defined by California Government Code Section 16. 5. An electronic or digital signature will have full legal effect and enforceability. Nothing in this Agreement requires any Party to use or accept the submission of any subsequent or related document containing an electronic or digital signature where written notice is otherwise required by this Agreement.
SIGNATURES FOLLOW]
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City Council 22 – 21 9/19/2023
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
Jeremy N. Jungreis
General Counsel, OCWD
City Attorney
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
SIGNATURES CONTINUED]
ORANGE COUNTY WATER DISTRICT
Vicente Sarmiento, President
Michael R. Markus, General Manager
CITY OF ANAHEIM
CITY OF FULLERTON
In
CITY OF GARDEN GROVE
LE
CITY OF ORANGE
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City Council 22 – 22 9/19/2023
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART,
APC
m
David E. Kendig
City Attorney, City of Tustin
Y4
Cal ' I
Clerk of
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
1, ,
Assistant City Attorney
APPROVED AS TO FORM:
ATKINSON, ANDELSON, LOYA, RUUD
ROMO
CITY OF TUSTIN
Dr. Allan Bernstein, Mayor
CITY OF SANTA ANA
By:
Rxistine RiTgeCity Manager
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
EAST ORANGE COUNTY WATER
DISTRICT
LE
Lisa Ohlund, General Manager
Jeffrey A. Hoskinson
SIGNATURES CONTINUED]
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G?
City Council 22 – 23 9/19/2023
APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT
HANSON BRIDGETT, LLP
By:
Paul A. Cook, General Manager
Claire H. Collins
APPROVED AS TO FORM: SERRANO WATER DISTRICT
By: By:
S. Wayne Rosenbaum Jerry A. Vilander
APPROVED AS TO FORM: YORBA LINDA WATER DISTRICT
M
Andrew B. Gagen
APPROVED AS TO FORM: GOLDEN STATE WATER COMPANY
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Exhibit A
Allocation of Recovery
Example of proportionally dividing damages assuming litigation, after paying Shared Litigation Counsel, results in a total damage pool of75% of all damages ($ 63OM) claimed by all Participating Producers ( total claims of $839M). The column to the far right reflects each co -plaintiff' s hypothetical recovery.
Total Amount Claimed in Litigation by each co -plaintiff x .75) OCWD 5443 53% 332 •
Anaheim
EO( WD
78 12
9%
1%
58 9
Fullerton 54 6% 40
Garden Grove 42 5% 31
IRWD 6 1% 55
Orange 48 6% 36
Santa Ana 54 6% 540
Serrano 18 2% 14
Tustin 18 2% 14
YLWD 66 8% 50
Total S839 100°/0 630 M
I
Dollar amounts shown are for illustrative purposes only and are not related to actual PFAS cost that may be incurred or damages recovered. The numbers used herein are strictly hypothetical) 2629/ 022499- 0087
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Exhibit B
Notice Addresses
Orange County Water District
P. O. Box 8300
18700 Ward Street
Fountain Valley, CA 92708
Attn: General Manager
Mike Markus
City of Anaheim
201 S. Anaheim Blvd., Suite 1101
Anaheim, CA 92805
Attn: Assistant General Manager of Water Services
Michael Moore
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92843
Attn: Public Works Director
Meg McWade
City of Garden Grove
13802 Newhope Street
Garden Grove CA, 92843
Attn: Public Works Director
Bill Murray
City of Orange
P. O. Box 449
Orange, CA 92856
Attn: Public Works Director
Joe DeFrancesco
City of Tustin
P.O. Box 466
Tustin, CA 92781
Attn: Water Resources Manager
Mike Grisso
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City of Santa Ana
220 S. Daisy, Bldg. A
Santa Ana, CA 92703
Attn: Water Resources Manager
Nabil Saba
East Orange County Water District
185 N. McPherson Road
Orange, CA 92869- 3720
Attn: General Manager
Lisa Ohlund
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618
Attn: General Manager
Paul Cook
Serrano Water District
18021 Lincoln Street
Villa Park, CA 92861- 6446
Attn: General Manager
Jerry Vilander
Yorba Linda Water District
P. O. Box 309
Yorba Linda, CA 92885- 0309
Attn: General Manager
Brett Barbre
Golden State Water Company
1920 W. Corporate Way
Anaheim CA 92801
Attn: District Manager
Ken Vecchiarelli
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Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AUTHORIZING AN APPLICATION TO THE STATE WATER
RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE
FOR THE WELLS 27 AND 28 PFAS TREATMENT SYSTEM
PROJECT
WHEREAS, the California State Water Research Control Board Drinking Water State Revolving Fund provides financial assistance to reduce people’s exposure to perand polyfluoroalkyl substances (“PFAS”) and other emerging contaminants through their drinking water; and
WHEREAS, due to the presence of PFAS found in routine well monitoring, several wells in the Orange County Water Basin have been taken offline, including the City’s Well 27 and Well 28; and
WHEREAS, on May 19, 2020, City Council approved the PFAS Treatment Facilities and Program Agreement (“PFAS Agreement”) with the Orange County Water District (“OCWD”) to provide the funding, design, construction, and operation assistance for PFAS treatment facilities for qualifying City of Santa Ana groundwater wells; and WHEREAS, per the terms of the PFAS Agreement, the City shall support and assist OCWD to obtain any grants that may be used by OCWD to fund construction and/or future operations and maintenance costs of PFAS treatment systems.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The Executive Director of the Public Works Agency (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project.
Section 2. The Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
Section 3. The Authorized Representative, or his/her designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
City Council 22 – 28 9/19/2023
Resolution No. 2023-XXX
Section 4. This Resolution shall take effect immediately upon its adoption by the Coty Council, and the Clerk of the Council shall attest to and certify the cote adopting this Resolution.
ADOPTED this 19th day of September, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council 22 – 29 9/19/2023
Resolution No. 2023-XXX
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 19, 2023.
Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 22 – 30 9/19/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA CONSIDERING CITY OF SANTA ANA WELLS 27 AND 28
PFAS TREATMENT SYSTEM PROJECT EXEMPT
WHEREAS, the City of Santa Ana staff determined that a treatment plant for perand polyfluoroalkyl substances (“PFAS”) is required to reduce concentrations in drinking water extracted from the groundwater basin at existing and future well connections; and WHEREAS, the City of Santa Ana, in its capacity under the California Environmental Quality Act (“CEQA”), has conducted an evaluation of the potential for environmental impacts associated with the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project; and
WHEREAS, such evaluation determined that the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project is consistent with the applicable Categorical Exemption (Class 3, Section 15303) under CEQA as it consists of the installation of a small treatment plant at an existing groundwater production well site for the treatment of PFAS contaminants. The treatment plant will use an ion exchange (IX) treatment protocol through the use of IX vessels along with associated conveyance facilities. The site has been disturbed by the development of the existing groundwater production wells, and the Project would not require any new ground disturbances. The facility would treat water pumped from the production wells and convey it to existing water distribution pipelines for potable water consumption. The Project would not require any vegetation removal and occurs within an area that is highly urbanized.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. Adopts the finding that the City of Santa Ana Wells 27 and 28 PFAS Treatment System Project is exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines because it consists of the construction and operation of small treatment plants and associated connection facilities at previously disturbed sites representing the development of limited numbers of new, small facilities or structures and it would not result in any significant impacts to the environment.
[Signatures on the following page]
City Council 22 – 31 9/19/2023
Resolution No. 2023-XXX
ADOPTED this 19th day of September, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council 22 – 32 9/19/2023
Resolution No. 2023-XXX
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 19, 2023.
Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 22 – 33 9/19/2023
City Manager Office
www.santa-ana.org/city-managers-office
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Councilmember-Requested Item Policy
AGENDA TITLE
Councilmember-Requested Item Policy
RECOMMENDED ACTION
Adopt a resolution approving the City Council Policy Regarding CouncilmemberRequested Items.
DISCUSSION
Background
At the August 16, 2022 meeting, Councilmember Phan added the following councilmember requested item: Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda. There was consensus among the City Council to proceed with this item. At the March 21, 2023 meeting, staff presented an informational report to the City Council with a draft City Council Policy Regarding Councilmember-Requested Items. Members of the City Council discussed making minor changes to the draft policy, all of which have been incorporated to the final policy (Exhibit 2).
City Council Legislative Authority and City Council Meeting Agendas As the legislative body of the City of Santa Ana, the City Council’s role is to legislate—or to set policy. The City Council is empowered to enact local laws, approve programs, appropriate funds, establish local taxes, and approve other local government actions through its legislative authority. This function is primarily carried out through City Council action at regularly scheduled City Council meetings. City Council meetings are guided by an agenda, which consists of items relating to the City of Santa Ana local government. Matters of policy are ordinarily determined by a majority vote of the City Council on each agenda item. In some cases, a two-thirds vote of the City Council is required (e.g. for appropriation adjustments). Under the Council-Manager form of government, under the leadership of the City Council, the City Manager sets the agenda and the City Clerk prepares the agenda.
City Council 23 – 1 9/19/2023
Councilmember-Requested Item Policy
September 19, 2023
Councilmember-Requested Items
Section 411 of the Santa Ana City Charter states, in part, that “any member of the City Council may place items on the City Council agenda to be considered by the City Council.” Councilmember-requested items are discussion items only; the City Council does not take any action. Councilmember-requested items may include any issue within the City Council’s jurisdiction, such as requests for policy research, drafting resolutions and ordinances, and providing direction to City staff relating to the implementation and/or evaluation of a policy.
The City Council Handbook, which is prepared annually by the City Manager’s Office and City Clerk’s Office, provides administrative guidance on certain procedures relating to the City Council, including councilmember-requested items. Regarding councilmember-requested items, the current edition of the City Council Handbook states the following:
COUNCIL AGENDA ITEM
Any member of the City Council may place items on the agenda that are staff directives or policy changes. They are listed on the agenda pursuant to Charter § 411. Items may be added by emailing the Clerk of the Council and City Manager.
The “Council Agenda Item” provision of the City Council Handbook is the only written guidance that exists relating to councilmember-requested items.
At the August 16, 2022 meeting, members of the City Council discussed the creation of a policy to provide guidance to the City Council, with the goal of presenting councilmember-requested items to facilitate efficient and effective discussion among the members of the City Council. Specifically, the City Council discussed the creation of a policy that might include the following elements:
• Each councilmember-requested item is accompanied by a written report that outlines the following:
o Topic: Use plain language to describe the topic of the report. o Subject: Describe the action and subject of the report. o Councilmember-Requested Item Title: Describe the action you are requesting, which relates to the topic of the report.
o Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation. • Prior to the report being published as part of the City Council meeting agenda, the councilmember informs the City Manager, City Clerk, and City Attorney of the councilmember-requested item.
• Once the report is written and after the councilmember informed the City Manager, City Clerk, and City Attorney, the councilmember submits the report to the City Manager’s Office and City Clerk’s Office to be added to an upcoming City Council 23 – 2 9/19/2023
Councilmember-Requested Item Policy
September 19, 2023
City Council meeting agenda. The report must be submitted by the established due dates to ensure compliance with the City’s Sunshine Ordinance (see Sec. 2- 150 of the Santa Ana Municipal Code).
Currently, there is no policy approved by the City Council relating to placing councilmember-requested items on the agenda.
Proposed City Council Policy Regarding Councilmember-Requested Items Based off input provided by members of the City Council at their meetings on August 16, 2022 and March 21, 2023, staff has prepared the attached City Council Policy Regarding Councilmember-Requested Items (Exhibit 2). Staff recommends that the City Council adopt a resolution (Exhibit 1) approving the City Council Policy Regarding Councilmember-Requested Items as presented.
EXHIBIT(S)
1. Resolution
2. City Council Policy Regarding Councilmember-Requested Items Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 23 – 3 9/19/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE CITY COUNCIL POLICY
REGARDING COUNCILMEMBER-REQUESTED ITEMS
WHEREAS, at the August 16, 2022 meeting, Councilmember Phan added the following councilmember-requested item: Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda. There was consensus among the City Council to proceed with this agenda item; and
WHEREAS, at the March 21, 2023 meeting, staff presented an informational report to the City Council with a draft Councilmember-Requested Item Policy. The policy provided that councilmembers prepare a written report for each councilmember-requested item template, inform the City Manager, City Clerk, and City Attorney, and submit the written report to coincide with deadlines for publishing City Council meeting agendas; and WHEREAS, members of the City Council discussed revising the draft CouncilmemberRequested Item Policy as discussed at the March 21, 2023 meeting; and WHEREAS, to provide step-by-step guidance to members of the City Council regarding submitting councilmember-requested items for discussion at City Council meetings, staff has prepared a final Councilmember-Requested Item Policy.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council approves the City Council Policy Regarding Councilmember-Requested Items, attached hereto as Exhibit 1 and incorporated herein.
Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ___ day of September, 2023.
________________________________
Valerie Amezcua
Mayor
City Council 23 – 4 9/19/2023
Resolution No. 2023-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ____________________________
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________, 2023.
Date _______________ ______________________________
City Clerk
City of Santa Ana
City Council 23 – 5 9/19/2023
City of Santa Ana
Administrative
Policies and Procedures
City Council Adoption Date:
September 19, 2023
City Council Policy Regarding
Councilmember-Requested Items
PURPOSE
Provide guidance to the members of the City Council (“councilmembers”) for presenting councilmember-requested items for discussion at City Council meetings to facilitate efficient and effective policy discussion.
POLICY
The City Manager and City Clerk shall publish a councilmember-requested item in accordance with the City of Santa Ana’s Sunshine Ordinance (Santa Ana Municipal Code Section 2-150) and in accordance with the procedures below. The councilmember-requested item shall include a written description that is sufficient to apprise interested persons of the subject matter of the discussion to be conducted.
PROCEDURES
In accordance with Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the Ralph M. “Brown Act”), Santa Ana City Charter Section 411 (“Rules and Procedures”), City Council Resolution 2023-047 (“A Resolution of the City Council of the City of Santa Ana Amending the City Council Rules and Procedures to Change the Time of Regular Meetings, Update the Rules of Procedure, Clarify Decorum Regulations, and Repealing Resolution No. 2013-019”), and all other applicable laws and regulations, councilmembers may add a councilmember-requested item to a City Council meeting agenda by completing the following procedures:
1. The councilmember prepares a written report that outlines the following:
A. Date: Specify the City Council meeting date in which you would like to discuss the report.
B. Topic: Use plain language to describe the topic of the report.
C. Councilmember-Requested Item Title: Describe the action you are requesting, which relates to the topic of the report.
D. Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation.
E. Submitted By: Add your name to your report.
City Council 23 – 6 9/19/2023
City Council Policy Regarding Councilmember-Requested Items
F. Exhibit(s): If you are including supplemental documents to your report, list them here.
2. The councilmember informs the City Manager, City Clerk, and City Attorney in writing to notify them of the councilmember-requested item.
A. The written communication from the councilmember to the City Manager, City Clerk, and City Attorney shall include the report as described in Section 1 of this section.
B. The councilmember shall inform the City Manager, City Clerk, and City Attorney by no later than five hours prior to the time of publishing of the City Council meeting agenda for the City Council meeting in which the councilmember-requested item is to be discussed.
3. Once the report is written and after the councilmember has informed the City Manager, City Clerk, and City Attorney in writing, the councilmember submits the final version of their report to the City Manager’s Office and City Clerk’s Office to be added to an upcoming City Council meeting agenda.
A. The Councilmember shall use the Councilmember-Requested Item Policy template, attached to this policy as Attachment 1.
B. The report shall be submitted for publishing by no later than five hours prior to the time of publishing of the City Council meeting agenda for the City Council meeting in which the councilmember-requested item is to be discussed.
C. The report shall be published in accordance with the established due dates to ensure compliance with the City’s Sunshine Ordinance (see Sec. 2-150 of the Santa Ana Municipal Code).
City Council 23 – 7 9/19/2023
City Council Policy Regarding Councilmember-Requested Items Attachment A
CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Kristine Ridge
CLERK OF THE COUNCIL
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
[month], [day], [year]
TOPIC
[Use plain language to describe the topic of the report.]
COUNCILMEMBER-REQUESTED ITEM TITLE
[Describe the action you are requesting, which relates to the topic of the report.]
DISCUSSION
[Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section.] [Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation.]
SUBMITTED BY
[councilmember name]
EXHIBIT(S)
[If you are including supplemental documents to your report, list them here.] City Council 23 – 8 9/19/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Ordinance Amending Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits: 2nd Reading
AGENDA TITLE
Second Reading of Ordinance Amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code Establishing Speed Limits on Certain Streets and Portions of Streets in the City (Project No. 22-2992) (Non-General Fund)
RECOMMENDED ACTION
Conduct a second reading and adopt ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City.
DISCUSSION
At its August 29, 2023 regular meeting, the City Council approved the first reading of an ordinance amending Article VII, Prima Facie Speed Limits, of Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City by a vote of 5-1. If adopted by the City Council on September 19, the ordinance will go into effect 30 days thereafter.
FISCAL IMPACT
Funds for the installation of speed limit signs estimated at $5,000 is available in the FY 2023-24 budget (Accounting Unit No. 03217662-66220, Project 22-6992).
EXHIBIT(S)
1. Ordinance Amending Article VII, Prima Facie Speed Limits Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 24 – 1 9/19/2023
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN ITS ENTIRETY ARTICLE VII OF
CHAPTER 36 OF THE SANTA ANA MUNICIPAL
CODE ESTABLISHING PRIMA FACIE SPEED
LIMITS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows.
A. Sections 22357 and 22358 of the California Vehicle Code authorize local authorities to declare prima facie speed limits at the rate found reasonable, safe, and most appropriate to facilitate the orderly movement of traffic based on engineering and traffic surveys.
B. Sections 40801 and 40802 of the California Vehicle Code require that engineering and traffic surveys be conducted within five years prior to the date of an alleged violation of such speed limits if enforcement of the speed limits involves the use of radar or any other electronic device that measures the speed of moving objects.
C. The City of Santa Ana last completed an engineering and traffic survey in 2016 and completed a new study in 2023 in accordance with the above law.
D. Based on the 2023 study, the prima facie speed limits set forth in Article VII of Chapter 36 of the Santa Ana Municipal Code shall be updated by repealing and reenacting in its entirety Article VII of Chapter 36 of the Santa Ana Municipal Code, consisting of Sections 36-227 through 36-397.
SECTION 2. Article VII of Chapter 36 of the Santa Ana Municipal Code is hereby repealed in its entirety and reenacted in its entirety as follows:
ARTICLE VII. PRIMA FACIE SPEED LIMITS
Sec. 36-227. Prima facie speed limits in general.
The City Council of the City of Santa Ana determines and declares, upon the basis of engineering and traffic surveys made on or after August 29, 2023, which surveys are public records on file in the offices of the Public Works Agency of the City, that the prima facie speed limits specified in those sections are reasonable, safe and most appropriate to facilitate the orderly movement of traffic upon the streets and portions of streets specified in those sections, which streets and portions of streets EXHIBIT 1
City Council 24 – 2 9/19/2023
Ordinance No. NS-XXX
would otherwise be subject to the prima facie speed limits established in the California Vehicle Code.
These prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected upon the streets and portions of streets to which they pertain.
The provisions of this article shall not apply to any twenty-five (25) mile per hour prima facie speed limit which is applicable when passing a school or the grounds thereof.
Sec. 36-228. Alton Avenue.
The speed limits (in miles per hour) for the following portions of Alton Avenue are as follows:
Between Susan Street and Greenville Street 45
Between Greenville Street and Bristol Street 45
Between Main Street and Standard Avenue 40
Sec. 36-229. Bear Street.
The speed limits (in miles per hour) for the following portions of Bear Street are as follows:
Between Sunflower Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Alton Avenue 40
Between Alton Avenue and Segerstrom Avenue 40
Sec. 36-230. Bristol Street.
The speed limits (in miles per hour) for the following portions of Bristol Street are as follows:
Between Hesperian St/SR 22 EB On-Ramp & Santa Clara Ave. 40 Between Santa Clara Avenue and Seventeenth Street 40
Between Seventeenth Street and Civic Center Drive 40
Between Civic Center Drive and First Street 40
Between First Street and McFadden Avenue 40
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Warner Avenue 40
Between Warner Avenue and Segerstrom Avenue 40
Between Segerstrom Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Sunflower Avenue 40
City Council 24 – 3 9/19/2023
Ordinance No. NS-XXX
Sec. 36-231. Broadway and Broadway Place.
The speed limits (in miles per hour) for the following portions of Broadway and Broadway Place are as follows:
Between MainPlace Drive and Seventeenth Street 40
Between Seventeenth Street and Washington Avenue 35
Between Washington Avenue and Civic Center Drive 30
Between Civic Center Drive and First Street 25
Sec. 36-232. Cabrillo Park Drive.
The speed limit (in miles per hour) for the following portion of Cabrillo Park Drive is as follows:
Between Seventeenth Street and Fourth Street 35
Sec. 36-233. Cambridge Street.
The speed limit (in miles per hour) for the following portions of Cambridge Street is as follows:
Between the North City Limit (NCL)/Route 22
and Fairhaven Avenue 40
Sec. 36-234. Chestnut Avenue.
The speed limits (in miles per hour) for the following portions of Chestnut Avenue are as follows:
Between Main Street and Standard Avenue 30
Between Standard Avenue and Grand Avenue 35
Between Grand Avenue and the East City
Limit (ECL)/Elk Lane/Main Street 35
Sec. 36-235. Civic Center Drive.
The speed limits (in miles per hour) for the following portions of Civic Center Drive are as follows:
Between Fairview Street and Bristol Street 35
Between Bristol Street and Flower Street 35
Between Flower Street and Broadway 25
Between Broadway and French Street 25
City Council 24 – 4 9/19/2023
Ordinance No. NS-XXX
Sec. 36-236. Dyer Road.
The speed limits (in miles per hour) for the following portions of Dyer Road are as follows:
Between Flower Street and Main Street 40
Between Main Street and Halladay Street 40
Between Halladay Street and Route 55 Freeway Off-Ramp 40 Between Route 55 Freeway Off-Ramp and Barranca
Parkway/Red Hill Avenue 45
Sec. 36-237. Edinger Avenue.
The speed limits (in miles per hour) for the following portions of Edinger Avenue are as follows:
Between the West City Limit (WCL) east of
Euclid Street and Richardson Street 40
Between Santa Ana River (WCL) and Fairview Street 40
Between Fairview Street and Raitt Street 35
Between Raitt Street and Bristol Street 35
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Standard Avenue 40
Between Standard Avenue and Ritchey Street 45
Between Ritchey Street and the East City Limit (ECL) 45 Sec. 36-238. Euclid Street.
The speed limits (in miles per hour) for the following portions of Euclid Street are as follows:
Between Westminster Avenue and First Street 40
Between First Street and the South City Limit
(SCL)/Lenhardt Avenue 45
Sec. 36-239. Fairhaven Avenue.
The speed limits (in miles per hour) for the following portions of Fairhaven Avenue are as follows:
Between Grand Avenue and Linwood Avenue 40
Between Linwood Avenue and Greengrove Street
East City Limit (ECL) 40
City Council 24 – 5 9/19/2023
Ordinance No. NS-XXX
Sec. 36-240. Fairview Street.
The speed limits (in miles per hour) for the following portions of Fairview Street are as follows:
Between Route 22 EB Off-Ramp and Fifth Street 45
Between Fifth Street and Edinger Avenue 45
Between Edinger Avenue and Warner Avenue 45
Between Warner Avenue and Alton Avenue 45
Between Alton Avenue and Sunflower Avenue 45
Sec. 36-241. Fifth Street.
The speed limits (in miles per hour) for the following portions of Fifth Street are as follows:
Between Euclid Street and Harbor Boulevard 30
Between Harbor Boulevard and Fairview Street 35
Between Fairview Street and Hawley Street 35
Sec. 36-242. First Street.
The speed limits (in miles per hour) for the following portions of First Street are as follows:
Between the West City Limit (WCL) west of
Euclid and Newhope Street 40
Between Newhope Street and Harbor Boulevard 40
Between Harbor Boulevard and Raitt Street 40
Between Raitt Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Standard Avenue 40
Between Standard Avenue and Tustin Avenue/the East
City Limit (ECL) 40
Sec. 36-243. Flower Street.
The speed limits (in miles per hour) for the following portions of Flower Street are as follows:
Between Seventeenth Street and Santa Ana Boulevard 35
Between Santa Ana Boulevard and Bishop Street 35
Between Bishop Street and Warner Avenue 30
Between Warner Avenue and Sakioka Drive/Sunflower Avenue 40 City Council 24 – 6 9/19/2023
Ordinance No. NS-XXX
Sec. 36-244. Fourth Street.
The speed limits (in miles per hour) for the following portions of Fourth Street are as follows:
Between Mortimer Street and McClay Street 35
Between McClay Street & Interstate 5 Freeway SB Off-Ramp 35 Between Interstate 5 Freeway SB Off-Ramp &
Route 55 Freeway 35
Sec. 36-245. Grand Avenue.
The speed limits (in miles per hour) for the following portions of Grand Avenue are as follows:
Between the North City Limit (NCL)/ SR 22
Ramps and Fairhaven Avenue 35
Between Fairhaven Avenue and Santa Clara Avenue 40
Between Santa Clara Avenue and Seventeenth Street 40
Between Seventeenth Street and First Street 40
Between First Street and McFadden Avenue 45
Between McFadden Avenue and Edinger Avenue 45
Between Edinger Avenue and Warner Avenue 45
Between Warner Avenue and Dyer Road 45
Sec. 36-246. Greenville Street.
The speed limits (in miles per hour) for the following portions of Greenville Street are as follows:
Between Edinger Avenue and Warner Avenue 30
Between Warner Avenue & Sunflower Avenue /
Wimbledon Way 35
Sec. 36-247. Halladay Street.
The speed limits (in miles per hour) for the following portions of Halladay Street are as follows:
Between Warner Avenue and Dyer Road 30
Between Dyer Road and Alton Avenue 30
City Council 24 – 7 9/19/2023
Ordinance No. NS-XXX
Sec. 36-248. Harbor Boulevard.
The speed limits (in miles per hour) for the following portions of Harbor Boulevard are as follows:
Between Westminster Avenue and Fifth Street 40
Between Fifth Street and First Street 40
Between First Street and a point six hundred (600) feet south of Kent Avenue 40
Between the City Limits (N/O Warner) and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40
Sec. 36-249. Hazard Avenue.
The speed limit (in miles per hour) for the following portion of Hazard Avenue is as follows:
Between Euclid Street and Harbor Boulevard 30
Sec. 36-250. Lake Center Drive.
The speed limit (in miles per hour) for the following portion of Lake Center Drive is as follows:
Between Harbor Boulevard and Susan Street 35
Sec. 36-251. Lincoln Avenue.
The speed limits (in miles per hour) for the following portion of Lincoln Avenue are as follows:
Between Fairhaven Avenue and Santa Clara Avenue 35
Between Santa Clara Avenue and Seventeenth Street 35
Between Seventeenth Street and Washington Avenue 35
Sec. 36-252. Lyon Street.
The speed limits (in miles per hour) for the following portion of Lyon Street are as follows:
Between First Street and McFadden Avenue 35
Between McFadden Avenue and Edinger Avenue 35
Between Edinger Avenue and Saint Andrew Place 35
City Council 24 – 8 9/19/2023
Ordinance No. NS-XXX
Sec. 36-253. MacArthur Boulevard.
The speed limits (in miles per hour) for the following portion of MacArthur Boulevard are as follows:
Between the West City Limit (WCL) at
Harbor Boulevard and Fairview Street 40
Between Fairview Street and Main Street 40
Between Main Street and the East City Limit (ECL)
at SR 55 40
Sec. 36-254. Main Place Drive.
The speed limit (in miles per hour) for the following portions of Main Place Drive is as follows:
Between Main Street/ North Memory Lane and Broadway 35
Between Broadway and Main Street/S Town & Country Road 35 Sec. 36-255. Main Street.
The speed limits (in miles per hour) for the following portions of Main Street are as follows:
Between the North City Limit (NCL) at SR 22
and Seventeenth Street 35
Between Seventeenth Street and Washington Avenue 35
Between Washington Avenue and First Street 30
Between First Street and Chestnut Avenue 35
Between Chestnut Avenue and Edinger Avenue 35
Between Edinger Avenue and Warner Avenue 35
Between Warner Avenue and Goetz Avenue 40
Between Goetz Avenue and MacArthur Boulevard 40
Between MacArthur Boulevard and Sunflower Avenue 45
Sec. 36-256. McFadden Avenue.
The speed limits (in miles per hour) for the following portions of McFadden Avenue are as follows:
Between the Sail Street/West City Limit (WCL)
and Euclid Street 40
Between Euclid Street and Newhope Street 40
Between Newhope Street and Harbor Boulevard 40
Between Harbor Boulevard and Fairview Street 40
Between Fairview Street and Raitt Street 35
City Council 24 – 9 9/19/2023
Ordinance No. NS-XXX
Between Raitt Street and Bristol Street 35
Between Bristol Street and Flower Street 30
Between Flower Street and Main Street 35
Between Main Street and Standard Avenue 35
Between Standard Avenue and Grand Avenue 35
Between Grand Avenue and the East City Limit (ECL) 35
Sec. 36-257. Memory Lane.
The speed limits (in miles per hour) for the following portions of Memory Lane are as follows:
Between Santa Ana River/West City Limit (WCL)
and Bristol Street 40
Between Bristol Street and Flower Street 35
Between Main Street and the North City Limit (NCL)/
Parker Street 35
Sec. 36-258. Newhope Street.
The speed limits (in miles per hour) for the following portion of Newhope Street are as follows:
Between Westminster Avenue and First Street 35
Between First Street and Edinger Avenue 35
Sec. 36-259. Pullman Street.
The speed limits (in miles per hour) for the following portion of Pullman Street are as follows:
Between Warner Avenue and Dyer Road 40
Between Dyer Road and Garry Avenue 40
Sec. 36-260. Raitt Street.
The speed limits (in miles per hour) for the following portions of Raitt Street are as follows:
Between First Street and Willits Street 30
Between Willits Street and McFadden Avenue 35
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Saint Gertrude Place 40
Between Saint Gertrude Place and Warner Avenue 40
Between Warner Avenue and Segerstrom Avenue 40
Between Segerstrom Avenue and Alton Avenue 40
City Council 24 – 10 9/19/2023
Ordinance No. NS-XXX
Between MacArthur Boulevard and Sunflower Avenue 35
Sec. 36-261. Ritchey Street.
The speed limits (in miles per hour) for the following portions of Ritchey Street are as follows:
Between McFadden Avenue and Edinger Avenue 40
Between Edinger Avenue and Wright Street 45
Sec. 36-262. Reserved.
Sec. 36-263. Santa Clara Avenue.
The speed limits (in miles per hour) for the following portions of Santa Clara Avenue are as follows:
Between Lincoln Avenue and Grand Avenue 35
Between Grand Avenue and Wright Street 40
Between Wright Street and Tustin Avenue 40
Between Tustin Avenue and East City Limit (ECL)/Route 55 40 Sec. 36-264. Segerstrom Avenue.
The speed limits (in miles per hour) for the following portions of Segerstrom Avenue are as follows:
Between Santa Ana River/West City Limit (WCL)
and Spruce Street 40
Between Spruce Street and Flower Street/Dyer Road 40
Sec. 36-265. Seventeenth Street.
The speed limits (in miles per hour) for the following portions of Seventeenth Street are as follows:
Between West City Limit and Fairview Street 40
Between Fairview Street and Bristol Street 40
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 35
Between Main Street and Wright Street/Eastside Avenue 35 Between Wright Street/Eastside Avenue and Tustin 40
City Council 24 – 11 9/19/2023
Ordinance No. NS-XXX
Sec. 36-266. Standard Avenue.
The speed limits (in miles per hour) for the following portions of Standard Avenue are as follows:
Between First Street and Chestnut Avenue 30
Between Chestnut Avenue and McFadden Avenue 30
Between McFadden Avenue and Edinger Avenue 30
Between Edinger Avenue and Warner Avenue 35
Sec. 36-267. Susan Street.
The speed limits (in miles per hour) for the following portions of Susan Street are as follows:
Between Harvard Street and Pendleton Avenue 35
Between Warner Avenue and MacArthur Boulevard 35
Between MacArthur Boulevard and Sunflower Avenue 35
Sec. 36-268. Reserved.
Sec. 36-269. Tustin Avenue.
The speed limits (in miles per hour) for the following portions of Tustin Avenue are as follows:
Between North City Limit (NCL)/Fairhaven Avenue
and Seventeenth Street 40
Between Seventeenth Street and Fruit Street 40
Between Fruit Street and the South City Limit (SCL)
north of First Street 40
Sec. 36-270. Warner Avenue.
The speed limits (in miles per hour) for the following portions of Warner Avenue are as follows:
Between the West City Limit (WCL)/Santa Ana River
west of Harbor Boulevard and Fairview Street 45
Between Fairview Street and Raitt Street 45
Between Raitt Street and Bristol Street 45
Between Bristol Street and Flower Street 40
Between Flower Street and Main Street 40
Between Main Street and Grand Avenue 40
Between Grand Avenue and the Route 55 Freeway 45
Between the Route 55 Freeway and Red Hill Avenue 45
City Council 24 – 12 9/19/2023
Ordinance No. NS-XXX
Sec. 36-271. Westminster Avenue.
Between Euclid Street and Newhope Street 45
Between Newhope Street and Clinton Street 45
Sec. 36-272 – 36-397. Reserved.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
ADOPTED this 29TH day of August, 2023.
_______________________
Valeria Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 24 – 13 9/19/2023
Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 24 – 14 9/19/2023
Community Development Agency
santa-ana.org/community-development
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022- 23 AGENDA TITLE
Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 (Community Development Block Grant, Emergency Solutions Grant, HOME Investment Partnership Program)
RECOMMENDED ACTION
Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.
COMMUNITY DEVELOPMENT COMMISSION
At its Regular Meeting on August 23, 2023, the Community Development Commission (CDC) held a public hearing to receive resident and stakeholder comments on the Fiscal Year 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER). No comments were received during the meeting.
The Community Development Commission recommended approval of the FY 2022-23 Consolidated Annual Performance and Evaluation Report to the City Council by a vote of 6:0.
DISCUSSION
The Five-Year Consolidated Plan is a comprehensive planning and application document that covers the three entitlement grants that the City receives annually from the U.S. Department of Housing and Urban Development (“HUD”). The Consolidated Plan outlines a strategy for using the three grants and other resources to meet community needs as they were identified in the Plan. These three entitlement grants are the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and HOME Investment Partnerships Program (“HOME”). The Consolidated Plan also identifies five-year numeric goals for meeting the identified community needs that Santa Ana will work toward during the period covered.
As part of the Consolidated Plan process, HUD requires the City to submit a Consolidated Annual Performance and Evaluation Report (“CAPER”) (Exhibit 1.) The CAPER describes the activities and accomplishments for the three federal entitlement City Council 25 – 1 9/19/2023
Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 September 19, 2023
grants during the past Fiscal Year. It also reports on the City’s success in achieving the five-year numeric goals and objectives that are established in the Five-Year Consolidated Plan. Fiscal Year 2022-23 is the third year covered by the July 1, 2020 through June 30, 2025 Consolidated Five-Year Plan.
The following table highlights accomplishments achieved during Fiscal Year 2022-23 with funding from the CDBG, ESG, and HOME Program:
General Activity Accomplishments
Capital Improvements
• Completed the Lincoln Ave. Ivy Installation Graffiti
Abatement project.
• Completed the rehabilitation of the FY 2021-22
sidewalks improvements.
• Completed the rehabilitation of the FY 2021-22
Heninger neighborhood street improvements.
• Completed the installation of new restrooms at Madison Park, Memorial Park, and Cesar Chavez Campesino
Park.
• A total of 120,735 residents were assisted by the above improvements.
Economic
Development
• Provided 70 small business incentive grants to small
businesses that were affected by the COVID-19
Pandemic.
Public Services
• Provided funding for 20 nonprofit organizations to
administer 22 programs and served a total of 3,350
persons.
• America on Track, Boys & Girls Club of Santa Ana, OC
Children’s Therapeutic Arts Center, Neutral Ground,
YMCA, the Delhi Center, Girls Inc., Taller San Jose,
and Relampago del Cielo specifically, provided youth
services that included tutoring, education, recreation, fitness, and a classical music program and gang
prevention.
• The Cambodian Family and the Delhi Center provided
youth and family services that included tutoring,
education, leadership, parent workshops, and antibullying workshops. • The Legal Aid Society of Orange County, Lutheran
Social Services of Southern California, and Human
Options provided criminal record expungement and
domestic violence services that included housing and
legal services.
City Council 25 – 2 9/19/2023
Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 September 19, 2023
• Community Health Initiative of OC and Radiant Health
Services provided access to health and social service
programs by conducting outreach, education, and
enrollment.
• OC Fair Housing Council and Public Law Center
provided housing education, homelessness services,
and counseling.
• Community Action Partnership of Orange County
provided tools to increase financial well-being and
improve stability.
Affordable Housing
• The Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA
92701 continued construction. This project will provide 84 units of affordable housing for large families including nine (9) HOME assisted units.
• The Crossroads at Washington affordable housing
project located at 1126, 1136, and 1146 E. Washington
Avenue continued construction. This project will provide 85 units of affordable housing for large families including 12 HOME assisted units.
• The WISEPlace Permanent Supportive Housing project
located at 1411 N. Broadway closed on their financing
and began construction. This project will provide 47
units of permanent supportive housing including 16
HOME-ARP assisted units.
• Funded nine (9) first-time homebuyer down payment
assistance loans with $1,080,000 in CDBG funds.
• Participated in eight (8) down payment assistance
workshops and three (3) community fairs.
• Completed a total of 10 residential rehabilitation projects for six (6) very-low to extremely-low income residents
and four (4) low income residents. Rehabilitation work
included the complete repair of roofs, ADA
improvements. and plumbing upgrades to restrooms.
Code Enforcement
• Community preservation efforts continue in deteriorated and deteriorating areas to preserve the City's aging
housing stock. In FY 2022-23 Code Enforcement funds
were used to respond to complaints covering residential properties within the CDBG eligible deteriorating and
deteriorated areas. During the program year, the City
issued a total of 6,336 violations to single-family units and 100% of the violations were corrected by
homeowners.
• Code Enforcement staff also issued 209 Notices of
Violation, 195 Notice and Orders, and 11,133
City Council 25 – 3 9/19/2023
Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-23 September 19, 2023
The draft CAPER reflects data that was available in the HUD system as of August 23, 2023. The final CAPER will capture performance information from the fourth quarter that is not available to date. For this reason, several tables in the draft CAPER are blank.
Each table in the final CAPER will be complete to show the progress made in meeting the Five-Year Consolidated Plan objectives.
FISCAL IMPACT
There is no fiscal impact associated with this item
EXHIBIT(S)
1. Consolidated Annual Performance and Evaluation Report for FY 2022-23 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
Administrative Citations involving residential housing. As a result of these efforts, property owners have made
approximately $3,201,738 in repairs and upgrades
encompassing 438 permits.
Homeless Services
• Provided assistance to 954 persons through Street
Outreach, Homeless Prevention, Rapid Re-housing, or
Shelter. This number includes 85 children and 869
individuals who reported as adults. Numbers also
include 570 that identified as Male, 377 who identified as Female, five (5) identified as transgender, and two
(2) refused to identify with any gender.
City Council 25 – 4 9/19/2023
EXHIBIT 1
OMB Control No: 2506-0117 (exp. 09/30/2023))
DRAFT CAPER
The City of Santa Ana
CommunityDevelopmentAgency
FY2022-2023CAPER
JULY 1, 2022 THROUGH JUNE 30, 2023
City Council 25 – 5 9/19/2023
Table of Contents
CR-05 - Goals and Outcomes ...........................................................................................................1 CR-10 - Racial and Ethnic composition of families assisted ................................................................... 7 CR-15 - Resources and Investments 91.520(a) ........................................................................................8 CR-20 - Affordable Housing 91.520(b) ............................................................................................13 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ............................. 15 CR-30 - Public Housing 91.220(h); 91.320(j) ........................................................................................... 17 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).................................................................................... 18 CR-40 - Monitoring 91.220 and 91.230................................................................................................... 23 CR-45 - CDBG 91.520(c) ........................................................................................................................... 25 CR-50 - HOME 91.520(d).......................................................................................................................... 26 CR-60 - ESG 91.520(g) (ESG Recipients only).......................................................................................... 30 CR-65 - Persons Assisted ................................................................................................................32 CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes................................................................ 36 CR-75 – Expenditures. ............................................................................................................................. 37
APPENDICES
Appendix 1: Public Notices
Appendix 2: Summary of Public Comments
Appendix 3: IDIS Reports
DRAFT CAPER 2
City Council 25 – 6 9/19/2023
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The 2022 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2022 through June 30, 2023 and reports on completed projects in the 2022 program year. This CAPER is the fourth of the 2020-2024 Consolidated Plan. For the 2022 program year, the City followed its allocation strategy by funding public services, public facilities, affordable housing projects, homeless related projects, and fair housing services to address unmet community needs. As part of this CAPER process, the City conducted a 15-day public review and comment period from August 17 to September 8, 2023 and held a public hearing on September 19, 2023 to obtain further public comment on this report. Accomplishments in addressing the priority needs include:
Affordable Housing Development, Maintenance & Preservation- Efforts to increase affordable housing include committing HOME, CDBG, Project-Based Vouchers, Inclusionary Housing, and Housing Successor Agency funds for aquisition, construction, rehabilitation and provision of affordable rental and ownership housing.
Code Enforcement - Community preservation efforts continue in deteriorated and deteriorating areas to preserve the City's aging housing stock.
In FY2022 Code Enforcement funds were used to respond to complaints covering residential properties within the CDBG eligible deteriorating and deteriorated areas. During the program year, the City issued a total of 6336 violations to to single family units and a total of 6336 violations were corrected by home owners.
Public Facilities & Infrastructure - A total of six capital improvement projects were completed which included one residential street improvement in the Heninger neigborhood, three park improvements -Madison Park; Memorial Park and Cesar Chavez Park, one residential sidewalk improvement project city wide and one graffetii abetment project in a resdenail neigborhood.
Public Service Programs - Public Services funded by the City during the report period were aimed at assisting low to moderate-income households. A total of 22 activities were funded to assist homeless, seniors, youth and families through a variety of programs. A total of 3350 persons were served.
Economic Development – CDBG funds were allocated to support workforce training and development and business assistance via training, City Council 25 – 7 9/19/2023
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
technical assistance and general support. Activities were limited due to prioritization of COVID-19 economic development programs.
Fair Housing Services - To affirmatively further Fair Housing, the City continues to provide CDBG funds to Orange County Fair Housing Council.
HOME Program – The Westview House affordable housing project will provide 84 units of affordable housing for large families including nine (9) HOME assisted units. The Crossroads at Washington affordable housing project will provide 85 units of affordable housing for large families including 12 HOME assisted units. The WISEPlace Permanent Supportive Housing project closed on their financing and began construction. This project will provide 47 units of permanent supportive housing including 16 HOME-ARP assisted units. A Request for Proposals (RFP) will be released for affordable housing projects in FY 2023-24 that will include grant funding from 2022-23 and 2023-24.
Homeless Services and Facilities - Emergency Solutions Grant funding was used to reduce homelessness in the City by funding homeless service providers for emergency shelter, homelessness prevention, data services, and street outreach.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Public service activities
for Low/Moderate
Income Housing Benefit
Households
Assisted
0 0 0 0
City Council 25 – 8 9/19/2023
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Rental units constructed
Household
Housing
Unit
40 0
0.00%
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Rental units
rehabilitated
Household
Housing
Unit
60 58
96.67%
5 0
0.00%
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Homeowner Housing
Added
Household
Housing
Unit
10 0
0.00%
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Homeowner Housing
Rehabilitated
Household
Housing
Unit
40 13
32.50%
20 0
0.00%
Affordable
Housing
Development
&
Maintenance
Affordable
Housing
CDBG: $
/ HOME:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted
12 17
141.67%
3 9
300.00%
Code
Enforcement
Affordable
Housing
CDBG: $
Housing Code
Enforcement/Foreclosed
Property Care
Household
Housing
Unit
15000 15756
105.04%
2500 6336
253.44%
City Council 25 – 9 9/19/2023
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Economic
Development
Programs
Non-Housing
Community
Development
CDBG: $ Businesses assisted
Businesses
Assisted
25 0
0.00%
Economic
Development
Programs
Non-Housing
Community
Development
CDBG: $ Other Other 0 0 16 0
0.00%
Homeless
Services and
Facilities
Homeless
CDBG:
$474154
/ ESG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted
150 0
0.00%
25 %
Homeless
Services and
Facilities
Homeless
CDBG:
$474154
/ ESG: $
Homeless Person
Overnight Shelter
Persons
Assisted
1000 0
0.00%
150 %
Homeless
Services and
Facilities
Homeless
CDBG:
$474154
/ ESG: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 50 0
0.00%
Homeless
Services and
Facilities
Homeless
CDBG:
$474154
/ ESG: $
Homelessness
Prevention
Persons
Assisted
175 0
0.00%
35 %
Homeless
Services and
Facilities
Homeless
CDBG:
$474154
/ ESG: $
Housing for Homeless
added
Household
Housing
Unit
400 0
0.00%
City Council 25 – 10 9/19/2023
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program
Administration
& Fair Housing
Services
Affordable
Housing
Public
Housing
Homeless
NonHomeless
Special
Needs
Non-Housing
Community
Development
CDBG: $
/ HOME:
$ / ESG:
$35561
Other Other 5 3
60.00%
1 0
0.00%
Public
Facilities &
Infrastructure
Non-Housing
Community
Development
CDBG: $
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
10000 57710
577.10%
4500 63445
1,409.89%
Public
Facilities &
Infrastructure
Non-Housing
Community
Development
CDBG: $
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
0 0
Public Service
Programs
NonHomeless
Special
Needs
Non-Housing
Community
Development
CDBG: $
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
10000 4381
43.81%
2500 3350
134.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date City Council 25 – 11 9/19/2023
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
City Council 25 – 12 9/19/2023
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME ESG
White 279 4 0
Black or African American 0 0 0
Asian 18 0 0
American Indian or American Native 7 0 0
Native Hawaiian or Other Pacific Islander 0 0 0
Total 304 4 0
Hispanic 279 3 0
Not Hispanic 25 1 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
In FY2022, CDBG, HOME and ESG resources provided assistance to residents through an array of programs. The race and ethnicity of these individuals are summarized above.
City Council 25 – 13 9/19/2023
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 7,845,537 7,657,994
HOME public - federal 10,962,315 3,099,525
ESG public - federal 474,154 409,902
Table 3 - Resources Made Available
Narrative
The Other - Amount Expended During Program Year Program Year 2022 totaling $6,182,260 includes $368,204 CDBG-CV funds, $1,891,400 in ESG-CV funds, and $3922656 in HOME-ARP funds.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 Citywide
Table 4 – Identify the geographic distribution and location of investments Narrative
City Council 25 – 14 9/19/2023
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
City Council 25 – 15 9/19/2023
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at beginning of reporting period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end of
reporting period
$
2,230,559 645,889 749,442 0 2,127,006
Table 7 – Program Income
City Council 25 – 16 9/19/2023
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
City Council 25 – 17 9/19/2023
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
City Council 25 – 18 9/19/2023
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 30 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 30 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 25 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 25 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 50 0
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of Santa Ana continues to actively market its CDBG rehabilitation and homebuyer assistance programs and the HOME rehabilitation programs through city publications, city website, and key stakeholders throughout the City.
Rehabilitation and new construction programs were delayed due to the COVID-19 pandemic.
City Council 25 – 19 9/19/2023
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Additionally, 9 households received downpayment assistance through the CDBG downpayment assistance program.
Discuss how these outcomes will impact future annual action plans.
The City will continue to issue RFPs for CDBG and HOME funds to support the development and rehabilitation of affordable multi-family rental housing. Additionally, the City will continue to provide single-family rehabilitation and homebuyer assistance programs.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 13 – Number of Households Served
Narrative Information
City Council 25 – 20 9/19/2023
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Santa Ana prioritizes effective, targeted, and safe outreach to individuals experiencing homelessness to support these individuals in identifying resources and establishing pathways to safe and sustainable housing. The City has outreach staff regularly working and interfacing with individuals experiencing homelessness to provide assistance and support in enrolling in shelter and/ or seeking other services.
During the 2022-2023 Program Year, the City of Santa Ana worked towards the following objectives:
1. Prioritized street outreach through Quality of Life Teams
2. Preserved existing and increase the supply of permanent supportive housing
3. Preserved existing and increase the supply of affordable housing
4. Provided housing services and assistance to special needs populations
5. Improved critical services to low-income and special needs populations
6. Coordinated services within the City as well as regionally in collaboration with the Continuum of Care
7. Collaborated with all communities in Orange County to address homelessness with coordinated, regional approaches
Addressing the emergency shelter and transitional housing needs of homeless persons The ESG funded programs provided Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. The City targeted actions to addres the needs of individuals who are homeless that includes unaccompanied women, victims of domestic violence, chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth.
The range of services include emergency shelter, transitional housing and permanent supportive housing. ESG funds provided assistance for street outreach services, homeless prevention and rapid rehousing.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs City Council 25 – 21 9/19/2023
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Through the objective summarized above in the Outreach section, the City strives to help individuals and families from becoming homeless. The ESG program funds Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. Additionally, the County of Orange is equipped to serve people discharged from publicly funded institutions or systems of care such as health care facilities or correction programs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City supported a number of programs to assist low-income individuals and families to avoid becoming homeless, including Section 8 Housing Choice vouchers. Other support services, such as job and training assistance, food assistance, and counseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City worked closely with the Continuum of Care who provided oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services were offered in all programs to help prevent individuals from falling back into homelessness.
City Council 25 – 22 9/19/2023
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
N/A – The City does not have any public housing.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
N/A – The City does not have any public housing.
Actions taken to provide assistance to troubled PHAs
N/A – The City’s PHA is not designated as troubled.
City Council 25 – 23 9/19/2023
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020–2024 Consolidated Plan identified several barriers to the development of affordable housing including the following:
Limited funding sources, financial costs, and the costs of development. Market constraints primarily the availability, cost, and competition for land. Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing.
The region’s rents have continued to increase. Higher rents limited the ability of some lower income households to obtain decent and affordable housing. Households with no or poor credit history are severely impacted.
In an effort to mitigate these barriers, Santa Ana undertook the following actions during the report period:
Construction of new rental and homeownership units
Rehabilitation and/ or preservation of existing rental units Homeowner rehabilitation programs for low- and moderate-income households Through the City’s compliance with AB 1486 (Surplus Lands Act) as well as a constant monitoring of state land made available through Executive Order N-06-19, the City will look to identify potential parcels of underutilized land that can be leveraged for potential affordable housing development. Continued to enforce the City’s inclusionary housing ordinance in which new residential projects that meet the specified criteria must provide: 1) if the new residential project consists of units for sale, then a minimum of 10% of the total number of units in the project shall be sold to moderate income households; 2) If the new residential project consist of rental units, a minimum of 15% of the units shall be rented to low income households, or 10% rented to very low income households; or 3) the developer may elect to satisfy these requirements for the project by payment of a fee in lieu of constructing some or all of the affordable units.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Based on the 2022 Point in Time Count and Survey, there are 5,718 individuals experiencing City Council 25 – 24 9/19/2023
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness in the County, with 990 in the City of Santa Ana. This is a decrease of 779 individuals in Santa Ana since the 2019 Point in Time Count. One challenge for Santa Ana is that many individuals experiencing homelessness gravitate to specific cities, one of which is Santa Ana. A goal of the City is to work closely with community and faithbased groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. In addition, several programs were funded by HOME, CDBG and ESG to assist underserved individuals. The number of persons assisted during the report period is highlighted throughout this report.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States. Until 2012, children were identified as having a blood lead “level of concern” if blood tests resulted in 10 or more micrograms of lead per deciliter. Experts now use a reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher than most children’s levels. Although many children remain at risk exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of blood), the CDC reported a decline in blood levels in children age five and younger, largely a result of the phase-out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing.In all housing activities, the City complies with requirements to examine for the potential risk of lead exposure. If and when lead is identified, the City works with the property owner and/ or subrecipient to remediate the lead-based paint.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Santa Ana’s anti-poverty strategy includes expanding housing opportunities and support services for low-income residents, and coordinating public and private resources to address their specific needs.
Services and activities supported by the City included:
Economic development program to stimulate the local economy and further increase job opportunities for low- and moderate-income individuals. Provide housing assistance through the City’s ESG and ESG-CV programs offering services including: Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services to reduce the number of poverty-level families that may have their housing status negatively impacted by the COVID-19 pandemic.
Partner with and leverage local job training programs focused on supporting residents prepare for and access living wage job opportunities.
Through the City’s housing programs, it will reduce the number of cost burdened households living in the City, allowing them to allocate personal resources to other critical household needs. Public services will be targeted to address critical needs of low-income and vulnerable residents through the provision of programming, transportation, education, childcare and other key needs that are identified by the City and its stakeholders. Services such as these are components to assist individuals to be better suited to secure and retain living wage employment.
City Council 25 – 25 9/19/2023
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Homeless assistance, including prevention, will provide critical services to extremely low-income households in need of immediate assistance and support to be better suited and able to take steps to identify sustainable housing and employment options.
Improving public facilities eliminates existing facilities and infrastructure that negatively impacts residential neighborhoods.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Santa Ana is high-functioning and collaborative, particularly the relationship between city departments and the nonprofit sector comprised of a network of capable nonprofit organizations operating in Santa Ana and throughout Orange County that are delivering a full range of services to residents. Affordable housing development and preservation activities are carried out by the Housing Department of the Community Development Agency in partnership with housing developers and contractors. The Planning and Building Agency supports code enforcement activities.
Public service activities are carried out by nonprofit organizations with support and oversight from the Community Development Agency as necessary to achieve the Strategic Plan goals. The Community Development, Public Works and Planning and Building Agencies work together with contractors to implement public facilities and improvement projects.
The greatest challenge behind COVID-19, in the City’s institutional delivery system is the breadth and diversity of need and exceeds the amount of available funding to completely address all needs within the community. Consequently, even high priority needs cannot be fully funded. Further, due to the scale of need within the community – nonprofit service providers are also operating at maximum capacity. As a result, non-profit leadership has less time to dedicate to coordination and alignment with other partner agencies and organizations to strategically target needs. In PY21 the Community Development Agency worked to increase the efficiency of collaboration and coordination among different providers operating in the City and throughout the region.
The City also supported programs aimed at enhancing. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following:
The City’s Workforce Development Board played a key role in developing employment opportunities for lower income Santa Ana residents. The WDB is comprised of various community leaders representing private employment, education, social services and government. This diversity in the board’s representation ensures that the community’s workforce needs are identified and addressed through a variety of public and private resources.
This advisory board also brings key community contacts together resulting in enhanced coordination of program delivery and resource utilization. The City participated in several homeless forums and committees. Specifically, the City served on the Orange County Continuum of Care Board and participated in several committes including the Housing Opportunity Committee, the Emergency Shelter Committee and the Data and City Council 25 – 26 9/19/2023
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Performance Committee. The City also served on the Leadership Council for the United to End Homelessness campaign empowered by the United Way and participated on the Executive Committee. Through this participation, the City can ensure that barriers to housing and the needs of the homeless are identified and addressed through the coordinated regional implementation of limited funding and resources.
The City sought to encourage home ownership opportunities to promote neighborhood stability.
With a high median purchase price of homes, homeownership remains a challenge for households earning less than 80% of county median income. Recent increases in housing costs have exacerbated this situation.
Neighborhood residents were encouraged to participate in the preparation and implementation of neighborhood assessments and plans, and were kept informed on homelessness issues. Santa Ana’s Neighborhood Initiatives Program provided the means to facilitate this participation. This coordination included working with a variety of city departments, public utilities, property owners, tenants, nonprofit agencies and the school district.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
As in past years, Santa Ana made an effort to leverage private and federal funds with local and state funds to increase and preserve the City’s supply of affordable rental housing. The greatest barrier to affordable housing in the City is a limited supply of resources and available land to support the development and preservation of affordable housing within the City. The City works closely with nongovernmental, state and federal agencies to identify potential funding streams and resources.
Several affordable housing projects are moving forward currently in the City and two projects for individuals/veterans experiencing homelessness are in the pipeline. These are examples of how the City is coordinating with private developers and social service agencies to create affordable housing opportunities in Santa Ana.
The City’s owner-occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate-income homebuyers were available via the City’s participation in the City’s Down Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last phase of the scattered site project where single family homes were developed to be sold at affordable price and to restrict to income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very-low income households.
Participants in the Housing Authority’s Family Self-Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership.
City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations in the community allowed for an integrated approach for funding requests from local, state and federal agencies. The City worked with nonprofits as they applied City Council 25 – 27 9/19/2023
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide benefits and housing services.
Homeless needs and priorities continue to be identified through the County’s CoC system. The City consults with the County and local ESG entitlement grantees in regard to the use of ESG funds. On-going meetings are held to coordinate the development of eligibility criteria, performance standards and outcome measurements, as well as to establish funding, policies, and procedures for the operation and administration of the Homeless Management Information System (HMIS).
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City evaluated barriers and constraints to the development of affordable housing as a critical component of the Housing Element. The California Department of Housing and Community has received Santa Ana’s Adopted Housing Element for certification. The element includes actions to affirmatively further fair housing.
The City participated in the update to the County’s Regional Analysis of Impediments to Fair Housing Choice for the period of 2020 - 2024. Through this process, the City has identified a set of city-specific and regional goals and approaches to address barriers to affordable housing and affirmatively further fair housing in the City.
City Council 25 – 28 9/19/2023
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
To ensure that HUD funds are used efficiently and in compliance with applicable regulations, the City provides technical assistance to all subrecipients at the beginning of each program year and monitors subrecipients throughout the program year. The City of Santa Ana applied the same monitoring standards to its CDBG-CV and ESG-CV programs.
Technical Assistance
To enhance compliance with federal program regulations, the City provides an annual Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory subrecipient workshop is held to review program regulations in detail, to provide useful forms and resources for documenting compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance is provided on an as-needed basis throughout a program year.
Activity Monitoring
All activities are monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a Plan goal. This review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable.
Subrecipients are required to submit an audit and other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk monitoring includes ongoing review of required quarterly performance reports. For CDBG public service activities, an on-site monitoring is conducted once every two (2) years, or more frequently as needed to ensure compliance. These reviews include both a fiscal and programmatic review of the subrecipient’s activities. The reviews determine if the subrecipient is complying with the program regulations and City contract. Areas routinely reviewed include overall City Council 25 – 29 9/19/2023
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of the review and any findings of non-compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings.
Individualized technical assistance is provided, as noted above, as soon as compliance concerns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements
Citizen Participation Plan 91.105(d); 91.115(d)
The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that its CAPER was available for review for public comment. The CAPER was made available for review at the Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, Main Library, and on the City’s website.There was a 15-day public comment period prior to the submission of the CAPER to HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at the City Council meeting to obtain public comments, with the City Council authorizing the submission of the report to HUD.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that its CAPER was available for review for public comment. The CAPER was made available for review at the Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, Main Library, and on the City’s website.There was a 15-day public comment period prior to the submission of the CAPER to HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at the City Council meeting to obtain public comments, with the City Council authorizing the submission of the report to HUD.
City Council 25 – 30 9/19/2023
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The 2022-2023 Program Year was the third year of the 2020-2024 Consolidated Plan. The City made progress towards its five-year and one-year goals for this reporting period and did not change its program objectives or the projects & activites that utilized CDBG, ESG, and HOME funds.
CDBG activities were slowed as a result of the onset of the COVID-19 pandemic. This includes public service, public facility and housing activities. In part, this is due to prioritizing COVID-19 response activities and programs/ services/ activities that were either not applicable due to the pandemic or were generally delayed due to the pandemic. The City anticipates that activities originally planned for completion during program year 2021 will be completed in program year 2022.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
City Council 25 – 31 9/19/2023
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The City of Santa Ana conducts onsite inspections of HOME-assisted rental units during the required affordability period to determine compliance with HUD property standards in accordance with 24 CFR
92.251. HOME-assisted rental projects with one to four units are inspected every three years, projects with five to 25 units are inspected every two years, and projects with 26 or more units are inspected annually. The City of Santa Ana received COVID-19 waivers regarding on-site inspections of rental housing and for housing units of recipients of TBRA funding. Inspection schedule dates have been shifted accordingly as per HUD regulations.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
The City’s affirmative marketing procedures and requirements apply to rental and homebuyer projects containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply to families with Section 8 tenant-based rental housing assistance or families with tenant-based rental assistance provided with HOME funds. The procedures include:
Methods to inform the public about Federal fair housing laws:
The City displays the Equal Housing logo or slogan in housing-related press releases and solicitations for owners, and on the website page for the City’s Housing and Neighborhood Development Division.
The City requests the County of Orange to include information on the City’s HOME and CDBGassisted rental units in its countywide Affordable Housing List maintained by the County.
Requirements and practices owners must adhere to:
Owners must display the Equal Housing Opportunity logo or slogan in all correspondence with City Council 25 – 32 9/19/2023
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
current or potential tenants, on lease agreements, and display the fair housing poster in their leasing offices, and develop written procedures for selecting tenants. The City required owners of City HOME- and CDBG-assisted rental units to continuously review the demographic makeup of their tenants. If and when such review indicated that their tenants no longer reflected the City’s minority population, they were required to inform the City of that fact and request City review and approval for the steps they took to correct that deficiency. Compliance with the City’s affirmative marketing requirements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, and will be enforceable by means of appropriate actions described in loan documents recorded through the County of Orange.
Record keeping:
The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to make an annual report to the City detailing the steps they have taken to comply with this Program. They will also be required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a form that is acceptable to the City of Santa Ana, and that will enable the City to capture the data it needs to evaluate owner compliance with this Program. The City will maintain records on owner reports and its evaluation of those reports for a period of not less than ten years after expiration of the affordability period required by applicable HUD regulations.
Annual assessment:
Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of tenants being served to determine if they reflect the City’s housing market. If they do not, the City will direct the owner to take further affirmative marketing steps to correct the imbalance. The City will track and evaluate the steps taken to insure they have the desired effect.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Not applicable. The City receipted $XXXXXXXX in program income during FY2022. The City did not expend any program income during the FY2022 program year, but anticipates that such funds will be included in forthcoming RFPs during program year 2023.
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
The City coordinates HOME funding and activities with other federal, state, and local affordable housing City Council 25 – 33 9/19/2023
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
resources to maximize the assistance provided in the City and construct and/ or rehabilitate affordable housing throughout the City.
City Council 25 – 34 9/19/2023
CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 5 0 0 0 0
Total Labor Hours 5,199
Total Section 3 Worker Hours 1,408
Total Targeted Section 3 Worker Hours 1,408
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
City Council 25 – 35 9/19/2023
CAPER 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program Narrative
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name SANTA ANA
Organizational DUNS Number 083153247
UEI
EIN/TIN Number 956000785
Indentify the Field Office LOS ANGELES
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG assistance
Santa Ana/Anaheim/Orange County CoC
ESG Contact Name
Prefix Mr
First Name Judson
Middle Name J
Last Name Brown
Suffix
Title Housing Division Manager
ESG Contact Address
Street Address 1 20 Civic Center Plaza, M-26
Street Address 2
City Santa Ana
State CA
ZIP Code 92701-
Phone Number 7146672241
Extension
Fax Number 7146476549
Email Address [email protected]
ESG Secondary Contact
Prefix Mr
City Council 25 – 36 9/19/2023
CAPER 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
First Name David
Last Name Flores
Suffix
Title Senior Community Development Analyst
Phone Number 7146476561
Extension
Email Address [email protected]
2. Reporting Period—All Recipients Complete
Program Year Start Date 07/01/2022
Program Year End Date 06/30/2023
3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name
City
State
Zip Code
DUNS Number
UEI
Is subrecipient a vistim services provider
Subrecipient Organization Type
ESG Subgrant or Contract Award Amount
City Council 25 – 37 9/19/2023
CAPER 32
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-65 - Persons Assisted
4. Persons Served
4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults 5
Children 4
Don't Know/Refused/Other 0
Missing Information 0
Total 9
Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities
Number of Persons in
Households
Total
Adults 139
Children 4
Don't Know/Refused/Other 0
Missing Information 0
Total 143
Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter
Number of Persons in
Households
Total
Adults 689
Children 77
Don't Know/Refused/Other 0
Missing Information 0
Total 766
Table 18 – Shelter Information
City Council 25 – 38 9/19/2023
CAPER 33
OMB Control No: 2506-0117 (exp. 09/30/2021)
City Council 25 – 39 9/19/2023
CAPER 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
4d. Street Outreach
Number of Persons in
Households
Total
Adults 217
Children 4
Don't Know/Refused/Other 0
Missing Information 0
Total 221
Table 19 – Household Information for Street Outreach
4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults 869
Children 85
Don't Know/Refused/Other 0
Missing Information 0
Total 954
Table 20 – Household Information for Persons Served with ESG
5. Gender—Complete for All Activities
Total
Male 570
Female 377
Transgender 5
Don't Know/Refused/Other 2
Missing Information 0
Total 954
Table 21 – Gender Information
City Council 25 – 40 9/19/2023
CAPER 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
6. Age—Complete for All Activities
Total
Under 18 85
18-24 33
25 and over 836
Don't Know/Refused/Other 0
Missing Information 0
Total 954
Table 22 – Age Information
7. Special Populations Served—Complete for All Activities Number of Persons in Households
Subpopulation Total Total Persons
Served –
Prevention
Total Persons
Served – RRH
Total
Persons
Served in
Emergency
Shelters
Veterans 14 0 2 12
Victims of Domestic
Violence 252 2 60 190
Elderly 63 0 15 48
HIV/AIDS 14 0 3 11
Chronically Homeless 527 0 93 434
Persons with Disabilities:
Severely Mentally
Ill 390 2 56 332
Chronic Substance
Abuse 396 20 20 356
Other Disability 198 43 43 112
Total
(Unduplicated if
possible) 984 85 119 800
Table 23 – Special Population Served
City Council 25 – 41 9/19/2023
CAPER 36
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units - Rehabbed 0
Number of New Units - Conversion 0
Total Number of bed-nights available 47,487
Total Number of bed-nights provided 75,190
Capacity Utilization 158.34%
Table 24 – Shelter Capacity
11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s)
City Council 25 – 42 9/19/2023
CAPER 37
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-75 – Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Dollar Amount of Expenditures in Program Year
2020 2021 2022
Expenditures for Rental Assistance 0 0 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program 0 0 0
Subtotal Homelessness Prevention 0 0 0
Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing
Dollar Amount of Expenditures in Program Year
2020 2021 2022
Expenditures for Rental Assistance 0 0 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program 0 0 0
Subtotal Rapid Re-Housing 0 0 0
Table 26 – ESG Expenditures for Rapid Re-Housing
11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
2020 2021 2022
Essential Services 0 0 0
Operations 0 0 0
Renovation 0 0 0
City Council 25 – 43 9/19/2023
CAPER 38
OMB Control No: 2506-0117 (exp. 09/30/2021)
Major Rehab 0 0 0
Conversion 0 0 0
Subtotal 0 0 0
Table 27 – ESG Expenditures for Emergency Shelter
11d. Other Grant Expenditures
Dollar Amount of Expenditures in Program Year
2020 2021 2022
Street Outreach 0 0 0
HMIS 0 0 0
Administration 0 0 0
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds Expended 2020 2021 2022
0 0 0 0
Table 29 - Total ESG Funds Expended
11f. Match Source
2020 2021 2022
Other Non-ESG HUD Funds 0 0 0
Other Federal Funds 0 0 0
State Government 0 0 0
Local Government 0 0 0
Private Funds 0 0 0
City Council 25 – 44 9/19/2023
CAPER 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other 0 0 0
Fees 0 0 0
Program Income 0 0 0
Total Match Amount 0 0 0
Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total
Total Amount of Funds
Expended on ESG
Activities
2020 2021 2022
0 0 0 0
Table 31 - Total Amount of Funds Expended on ESG Activities City Council 25 – 45 9/19/2023
City Council 25 – 46 9/19/2023
City Council 25 – 47 9/19/2023
City Council 25 – 48 9/19/2023
City Council 25 – 49 9/19/2023
City Council 25 – 50 9/19/2023
City Council Meeting Date
September 19, 2023
Subject
Rent Stabilization and Just Cause Eviction Ordinance Ballot Measure Councilmember-Requested Item Title
Discuss and consider directing the City Attorney to prepare a City Council-initiated ballot measure for voter approval affirming the City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance (“RSO/JCEO”) in the November 2024 General Presidential Election.
Discussion
At the August 29, 2023, Special Meeting, the City Council directed the City Attorney’s Office, in collaboration with the City Manager’s Office, to research and draft an ordinance that would require a supermajority vote to amend certain provisions of the RSO/JCEO. During that discussion, the City Council asked the Chief Assistant City Attorney whether the City Council could also direct the City Attorney’s Office to research and prepare a ballot measure affirming the RSO/JCEO for the November 2024 General Presidential Election. The Chief Assistant City Attorney informed the City Council that a separate Council Requested Item would have to be agendized before the City Council could give direction to staff regarding a ballot measure. This Council Requested Item is being submitted to allow the City Council to discuss and provide staff with direction relating to said ballot measure.
Submitted By
• Councilmember Thai Viet Phan
Attachment
• N/A
City Council 26 – 1 9/19/2023
1 ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING A NEW ARTICLE
XV TO CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT SPECTATORS
AT A STREET RACE OR RECKLESS DRIVING
EXHIBITION
WHEREAS, under the provisions of Sections 23103, 23109 of the California Vehicle Code, reckless driving exhibition and speed contests on public streets are illegal; and
WHEREAS, motor vehicle speed contests are more commonly known as street races or drag races and reckless driving exhibitions are more commonly referred to as exhibitions of reckless driving; and
WHEREAS, the streets within the City of Santa Ana have been the site of continuing and escalating illegal street racing over the past several years; and WHEREAS, such street racing poses serious hazards and threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of Santa Ana; and
WHEREAS, in most cases, hundreds of street racers and spectators gather on the streets late at night, and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process and the City has determined the presence of spectators at these events encourage and fuel the occurrence of these unlawful events; and
WHEREAS, traffic accidents, property crimes, and calls for police service have increased dramatically. Recently, an innocent motorist was killed in broad daylight by drivers engaged in street racing and in a separate incident, street racers involved in a race struck and killed a pedestrian; and
WHEREAS, street racing constitutes a nuisance and the City Council of the City of Santa Ana wishes to promote the City's interest in protecting and preserving the safety of pedestrian and vehicular traffic in, about, or upon public and private streets, parkways, roadways, alleys, sidewalks, and parking areas so as to minimize any dangerous conditions due to street racing.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. A new Article XV is hereby added to Chapter 36 of the Santa Ana Municipal Code to read as follows:
DRAFT
City Council 27 – 1 9/19/2023
2 Illegal Street Race and Reckless Driving Exhibition-Article XV Section 36-706. Definitions.
As used in this Article:
“Street race” or “street racing” means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time. “Reckless driving exhibition” means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time.
Offstreet parking facility has the same meaning as set forth in Vehicle Code section 12500(c), as may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public.
Preparations for a street race or reckless driving exhibition includes, but are not limited to, situations in which:
(1) One (1) or more motor vehicles and persons have arrived at a location on a public street, highway or an offstreet parking facility for the purpose of participating in or being spectators at a street race or reckless driving exhibition; (2) One (1) or more persons have gathered in an offstreet parking facility for the purpose of participating in or being a spectator at a street race or reckless driving exhibition; (3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; (4) One (1) or more persons have impeded the free public use of a public street, highway, or offstreet parking facility by actions, words, or physical barriers; (5) One (1) or more vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;
(6) One (1) or more drivers is revving a motor vehicle’s engine or spinning the motor vehicle’s tires; or
(7) A person is stationed for the purpose of acting as a race starter.
A person is "present" at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities.
Spectator means any individual who is present at street race or reckless driving exhibition at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, recording, or witnessing, the event as it progresses.
Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
DRAFT
City Council 27 – 2 9/19/2023
3 Section 36-707. Aiding and Abetting Street Races or Reckless Driving Exhibitions Prohibited
It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. A violation of this section may be punishable as a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions Prohibited.
(a) It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition on a public street, highway, or offstreet parking facility.
A violation of this section may be punishable as a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
(b) It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or offstreet parking facility. A violation of this section may be punishable as a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
(c) Exemption: Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition.
Section 36-709 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36- 708, admissible evidence may include, but is not limited to, any of the following:
(a) the time of day;
(b) the nature and description of the scene;
(c) the number of people at the scene;
(d) the location of the person charged in relation to any person or group present at the scene;
(e) indicia of a street race or reckless driving exhibition, including but not limited to, stickers, posters, markings, flags at or near the scene; (e) the number and types of motor vehicles at the scene; (f) that the motor vehicles present have been altered or modified to increase power, handling or visual appeal;
(g) that the person charged drove or was transported to the scene; (h) that the person charged admitted to being a spectator at a street race or reckless driving exhibition;
(i) that the person charged has previously participated in street race or reckless driving exhibition;
(j) that the person charged has previously aided and abetted a street race or reckless driving exhibition;
DRAFT
City Council 27 – 3 9/19/2023
4 (k) that the person charged has previously attended a street race or reckless driving exhibition;
(l) that the person charged previously was present at a location where preparations were being made for a street race or reckless driving exhibition or a street race or reckless driving exhibition was in progress.
Section 36-710 Admissibility of Prior Acts
The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext permissible by law, evidence of prior acts may be admissible to show plan, opportunity, knowledge, identity, and/or propensity of the person charged to be present at or attending a street race or reckless exhibition of speed if the prior act(s) occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a street race or reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Santa Ana.
Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.
Section 6.This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
ADOPTED this ______ day of ______________, 2023.
_______________________
Valerie Amezcua
DRAFT
Mayor
City Council 27 – 4 9/19/2023
5 APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Tamara Bogosian
Senior Assistant City Attorney
AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
DRAFT
City Council 27 – 5 9/19/2023
City Council Meeting Date
September 19, 2023
Subject
Noncitizen Voting in City Council and Mayoral Elections Councilmember-Requested Item Title
Discuss and consider directing the City Manager and the City Attorney to prepare for the City Council’s consideration resolution options to place the issue of noncitizen voting in city council and mayoral elections on the November 2024 ballot. Further discuss and consider directing the City Manager to prepare a cost and implementation analysis of establishing noncitizen voting.
Discussion
Noncitizens in the United States have historically been allowed to vote in federal, state, and local elections. Between 1776 and 1926, forty states at some point allowed noncitizen residents to legally vote.1 Currently, seventeen jurisdictions allow noncitizen residents to legally vote in local elections, including San Francisco and Oakland.2
Noncitizen residents make up about 24 percent of Santa Ana’s population.3 About 30 percent of votingage residents in Santa Ana are noncitizens.4 The American Immigration Council estimates that immigrant residents, including noncitizen residents, in Orange County contributed $10.5 billion in taxes in 2018.5 Santa Ana is home to the largest share of noncitizen residents of all Orange County cities, and nearly 20 percent of the county’s noncitizen resident population resides in Santa Ana.6 While all residents regardless of citizenship status contribute to the local economy and are subject to local laws, many are unable to participate in the elections of local lawmakers who shape the local policies they must abide by, including local tax policies.
In August 2023, the California First District Court of Appeal rejected a legal challenge to San Francisco’s charter amendment that allows for noncitizen voting in school board elections. The Court reasoned that “neither the plain language of the Constitution nor its history prohibits legislation expanding the 1 Ron Hayduk, “Early American History,” accessed September 9, 2023, https://www.immigrantvotingrights.com/americanhistory.
2 Ron Hayduk, “Cities with Rights,” accessed September 9, 2023, https://www.immigrantvotingrights.com/cities-with-rights 3 United States Census Bureau American Community Survey 5-Year Estimate, 2021. 4 United States Census Bureau American Community Survey 5-Year Estimate, 2021. 5 American Immigration Council, “Map the Impact,” accessed September 3, 2023, https://data.americanimmigrationcouncil.org/map-the-impact/ 6 United States Census Bureau American Community Survey 5-Year Estimate, 2021.
City Council 28 – 1 9/19/2023
electorate to noncitizens.”7
The Court also stressed the strength of San Francisco’s amendment given its passage as a ballot measure by the electorate. The plaintiff filed a motion for a rehearing from the court, but this request was denied, upholding the constitutionality of expanding local voting rights in California, especially when approved by voters.
Santa Ana has previously considered measures that would permit all its residents to participate in the political process, and the City Council has already set the stage to ensure that noncitizen residents can feel safe participating. For example, Santa Ana has been a sanctuary city since 2016,8 and the City Council has consistently approved funding for its Deportation Defense Fund since 2017.9 In March 2021, the City Council then amended the Municipal Code to allow qualified residents, including noncitizens, to serve on Santa Ana’s boards, commissions, and committees.10 And last July, the City Council considered a charter amendment to expand voting to noncitizen residents in school district and city council elections.11 Given the timing and the trial court ruling setting aside San Francisco’s immigrant voting charter amendment, however, the city council temporarily shelved the issue. The First District Court of Appeal has now firmly rejected that trial court ruling, making clear that charter cities like Santa Ana have home rule authority to expand voting in local elections to its noncitizen residents.
We are proposing that the City Council discuss and consider directing the City Manager and the City Attorney to prepare for the City Council’s consideration resolution options to place the issue of noncitizen voting in city council and mayoral elections on the November 2024 ballot. One resolution would involve a ballot measure to amend the Charter to expand voting, while the other resolution would involve a ballot measure to allow the City Council and Mayor to amend the Charter to expand voting.
We are further proposing that the City Council discuss and consider directing the City Manager to prepare a cost and implementation analysis of establishing noncitizen voting.
Submitted By
Councilmember Johnathan Ryan Hernandez
Councilmember Benjamin Vazquez
7 James V. Lacy v. City and County of San Francisco, 165899, Cal. App. 2023. 8 See, e.g., Resolution No. 2016-086 (resolution declaring that Santa Ana is a sanctuary city); Ordinance No. 2908 (sanctuary ordinance).
9 Immigration legal defense and universal representation, City of Santa Ana, https://www.santa-ana.org/immigration-legal-defense/. 10 See Ordinance No. NS-3003.
11 See Santa Ana July 19, 2022, City Council Meeting Minutes at 18.
City Council 28 – 2 9/19/2023