Santa Ana City Council
November 7, 2023

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Down Payment
Assistance Program 73 73 61 61 4 4 3 3
Loan Subordinations 0 0 0 0 0 0 0 0
The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify.

The City of Santa Ana’s Residential Rehabilitation Grant Program is designed to, improve and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The Program provides grants of up to $25,000 for eligible home repairs for low-income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. The Fiscal Year 2023-24 funding for this program was renewed by City Council on May 2, 2023 and applications are currently being accepted. As of September 30, 2023, the city has received 15 applications and 10 of those applications have been approved for a rehabilitation project.

Emergency Solutions Grant Program
The City of Santa Ana’s Emergency Solutions Grant program provides funding to engage homeless individuals and families living on the street, to improve the number and quality of emergency shelters for homeless individuals and families, provide essential services to shelter residents, rapidly rehouse homeless individuals and families, and prevent families/individuals from becoming homeless. As of July 1, 2023, the City has entered into agreements with the Santa Ana Police Department and four nonprofits to deliver the above mention services. During this first quarter, organizations have worked diligently to enroll and deliver services to our residents. Quantitative data will be submitted before October 31 and will be reported on the second quarterly report.

Down Payment Assistance Loan Program Progress
For the Down Payment Assistance Loan Program (DPAP), staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted the following outreach and education on the program:
•Staff conducted two (2) virtual workshops via Zoom together with NeighborWorks of Orange County with a total of 12 attendees. These workshops are conducted every second Tuesday of the month.
•On July 15 staff participated in the Vietnamese National Association of Real Estate Professional Southern California’s Homeownership OC event at the Salgado Community Center. Staff had the opportunity to be a panelist presenting information on the program and set up a resource table outside the

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November 7, 2023

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Community Center engaging, informing, and answering questions regarding the program.
•On August 19, staff participated in the Housing Authority Forum that took place in the City of Garden Grove. Staff had the opportunity to provide information to a large audience on the Housing Choice Voucher Program (Section 8) and the City’s affordable housing resources. In addition, we had a resource table providing information on all of our programs, including our Down Payment Assistance Program.

As a result of these efforts, three (3) down payment assistance loan applications were approved and three (3) closed escrow.

Loan Portfolio Management & Monitoring
The Housing Division is responsible for managing the residential loan portfolio, which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of the first quarter, the principal balance was $150,443,210.58. This portfolio is comprised of 351 loans of which 329 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $458,929.23 in payments of principal and interest during the first quarter. The amount of residual receipts payments changes every quarter.

Table 2: Portfolio Revenue
HOME CDBG Redevelopment CalHome
Loan Payoffs $141,520.14 $0 $0 $48,000.00
Residual Receipts
Payments $122,443.00 $0 $122,443.00 0
Amortized Loan
Payments $1,184.07 $2,852.13 $20,486.89 0
Total for Q1 $265,147.21 $2,852.13 $142,929.89 $48,000.00 Monitoring
As part of the requirements for these loans, staff must monitor the owner-occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 67 owner- occupancy recertification letters were mailed and 49 were returned and processed. This number includes letters sent from previous months. Staff also conducted a total of 105 inspections during this quarter.

Density Bonus Agreements
The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers

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Housing Division Quarterly Report
November 7, 2023

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to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.

As of the date of this report, the City of Santa Ana has entered into the following Density Bonus Agreements:

Date of
Agreement Housing Development Address Affordable Units
October 2018 Metro East Senior Park 2222 E. First St.
415 rental units restricted
for very low income and
low income or senior
tenants
August 2018 First Point I & II Apartments 2110, 2114 and 2020 E.

First St.
547 rental units restricted
for very low income and
low income tenants
February 2019 Legacy Square 609 North Spurgeon St.
92 rental units restricted
for very low income and
low income tenants
November 2019 The Rafferty 114 & 117 E. Fifth St.
11 rental units restricted
for very low income
tenants
December 2021 FX Residences
801, 807, 809
and 809 ½
East Santa Ana Blvd
16 permanent supportive
housing units
June 2022 WISEPlace 1411 N. Broadway 47 permanent supportive housing units
August 2022 Brandywine Acquisition
Group 1814 & 1818 E. First St.
4 townhomes restricted for
sale to moderate-income
buyers
Development Impact Fee Deferral Agreements
Development impact fees are a one-time charge to new developments imposed under the Mitigation Fee Act. These fees are charged to new developments to mitigate impacts resulting from the development activity and cannot be used to fund existing deficiencies. This means that for improvements that benefit existing as well as new development, impact fees can only pay for the portion of the improvement that benefits the new uses. Impact fees must be adopted based on findings of a reasonable relationship between the development paying the fee, the size of the fee, and the use of fee revenues. Development impact fees do not require voter approval and are commonly used by cities to address the impact of new development on schools, parks, transportation, etc.

Prior to issuance of any building permits, the City currently requires the payment of various development impact fees. However, affordable housing developers may submit a request to defer specific development impact fees for their property pursuant to California Government Code section 66007. The City and owner then execute a

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Housing Division Quarterly Report
November 7, 2023

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Development Impact Fee Deferral Agreement to defer certain development impact fees applicable to the property and place a lien on the property to secure payment of these fees, which are due before the issuance of the certificate of occupancy or the final building check. As of the date of this report, the City has entered into the following outstanding Development Impact Fee Deferral Agreements that are pending payment:

Date of
Agreement Developer Housing Development
Address
Estimated Total Fees
Due
December 2021 Shelter Providers of
Orange County
802, 809, 809 ½ East
Santa Ana Blvd. $510,000
July 2022 Washington Santa Ana
Housing Partners
1126 &1146 E.

Washington Ave. $652,717
Rent Stabilization Program
Effective November 18, 2022, the City Council adopted an amended Rent Stabilization and Just Cause Eviction Ordinance (Ordinance) that included a number of changes.

The amended Ordinance expands the administration and enforcement of renter protections for Santa Ana residents by establishing a rental housing board and a rental registry program. The amended Ordinance also includes additional petitions for tenants and landlords, voluntary mediation services, and other enhancements.

The City has prepared user-friendly information on the Ordinance for both tenants and landlords on the City’s webpage, including the full Ordinance and answers to Frequently Asked Questions in English, Spanish and Vietnamese. Tenants and landlords are encouraged to sign up to receive the latest updates.

Program Updates:

The City of Santa Ana continues to work with RSG, Inc. on the long-term implementation of the Ordinance. This project has met many critical milestones over the course of Quarter 1 (Q1).

Staff, in partnership with 3Di, Inc. worked to implement the City’s Rental Registry to support the Ordinance. In Q1, staff conducted an extensive user acceptance testing process of the Rental Registry in coordination with the City Attorney’s Office as well as a pilot test with seven (7) landlords. On August 15, 2023, the City of Santa Ana launched the Rental Registry portal where property owners are required to register rental units, update rental unit information, update tenancy information, submit notices, and pay the City’s rental registry fee if applicable. Staff also continued to work with the Finance and Management Services Agency to ensure the City will be able to collect, allocate, process and utilize rental registry fees for the administration of the Ordinance.

Staff conducted a series of virtual workshops to assist landlords with completing the registration process in the Rental Registry. In Q1, staff conducted seven (7) informational workshops for property owners.

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Housing Division Quarterly Report
November 7, 2023

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In addition to the progress made towards the long-term implementation of the Rent Stabilization Program, staff has continued to serve the community in the following ways throughout Q1:
•Reviewed and made continuous improvements to the layout, content, and forms on the Renter Protections webpage for easier access and understanding. •Created a new webpage for the City’s Rental Registry, which includes helpful resources including a User Guide, FAQs, and video demonstrations. •Fielded calls and emails from the public and provided information, referrals and education to renters and property owners on the City’s Ordinance. •Provided walk-in assistance to answer questions from property owners and assist with the Rental Registry at the Santa Ana WORK Center at 801 W Civic Center Drive, Suite 200, Santa Ana, CA 92701.
•Began accepting applications for appointment of the Rental Housing Board.

Residents Served:

During this quarter, staff and RSG fielded calls from the public and provided information and education to renters and property owners on the Ordinance. A breakdown of the number of inquiries is as follows:

Staff also conducted seven (7) workshops for property owners to assist with navigating the Rental Registry:

The City regularly distributes important updates and information to Santa Ana residents.

During this quarter, staff informed the public of programmatic updates via social media, newsletters, and email distribution lists, reaching a total of 47,180 Santa Ana residents.

In previous Quarterly Reports, staff shared a data point titled "Rent Increase and Eviction Notices Received from Landlords". Now that the City's Rental Registry was launched on August 15, 2023, landlords are required to upload their documents in the Month # of Inquiries
July 2023 82
August2023 1,708
September 2023 1,837
Total 3,627
Month # of Registrants
August 22, 2023 24
August 24, 2023 47
August 31, 2023 103
September 7, 2023 64
September 14, 2023 58
September 21, 2023 59
September 28, 2023 49
Total 404

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Rental Registry. Specifically, "Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal." Staff will research how this information can continue to be shared in the future but for now, this table is no longer available.

Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to develop affordable housing. Exhibit 1 provides a summary of the funds available as of September 30, 2023.

Affordable Housing Opportunity and Creation Ordinance
On-Site Development:

Since 2011, a total of 33 units have been developed on-site as a result of the Affordable Housing Opportunity and Creation Ordinance, including 23 ownership units for-sale and 10 rental units:

Units Built On-Site
Ownership Rental Total
23 10 33
In-Lieu Fees Generated:

All in-lieu fees, penalties and other monies collected pursuant to the Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,443,446 to be used for the development of housing affordable to low- and moderate-income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Ordinance.

Inclusionary Housing In-lieu Fees Received per Fiscal Year FYs
2009-2017
FY
17/18
FY
18/19
FY
19/20
FY
20/21
FY
21/22
FY
22/23
$7,851,002 $2,712,304 $7,236,945 $0 $3,709,875 $6,933,320 $0 In-lieu fees generated have been used to develop new affordable homeownership and rental housing opportunities as well as provide emergency shelter. Below is a summary of how in-lieu fees have been used by the City:

Project or Program Inclusionary Housing
Funds SPENT # of Units Address
Santa Ana Arts
Collective $4,775,000 57 1666 N. Main Street
La Placita Cinco $1,300,000 50 2239 West 5th Street

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Housing Division Quarterly Report
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The Link Interim
Emergency Shelter $7,893,866 N/A 2320 S Redhill Avenue
Westview House $1,514,113 84 2530 and 2534
Westminster Avenue
Habitat for Humanity
“Lacy & Vance” $565,271 2 826 N. Lacy Street &
830 N. Lacy Street
WISEPlace Steps to
Independence Public
Service Program
$90,000 N/A N/A
Down Payment
Assistance Program $800,000 9 N/A
TOTAL $16,938,250 202
Project Inclusionary Housing
Funds COMMITTED # of Units Address
Habitat for Humanity
“Washington Street” $2,200,000 6 1921 W. Washington
Ave.

Down Payment
Assistance $1,250,000 N/A N/A
TOTAL $3,450,000 6

Affordable Housing Development Projects
There are six (6) affordable housing projects under construction, and two (2) affordable housing projects in pre-development. Below is a brief summary and status-update for each project. Exhibit 2 provides a development timeline for each project. The most recent RFP for Affordable Housing Development was issued on December 8, 2021 and closed on February 28, 2022. WISEPlace Permanent Supportive Housing and Habitat for Humanity of Orange County were awarded pre-commitment letters.

Projects under Construction
Estrella Springs (1108 N. Harbor) (Formerly called North Harbor Village) Developer Jamboree Housing Corporation
Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing.

City / Authority
Funds
CDBG ($1,687,047); Eight-nine (89) PBVs consisting of 34 HUD-VASH PBVs and 55 regular PBVs.

Update
Construction is currently underway. They had to update the plans and resubmit to the City for plan check. This allowed the project to finish the framing and continue with other work including insulation and drywall. Fire sprinklers were also completed. Now that everything is approved, the project will be able to move full speed ahead on other building systems. Completion is anticipated for March 2024.

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November 7, 2023

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Westview House (2530 Westminster Avenue)
Developer Community Development Partners with Mercy House as the service provider Description
New construction of an affordable multifamily apartment development consisting of 84 units of both large family and PSH units and one (1) manager’s unit. Twenty-six of the units will be funded by Mainstream Program PBVs and Mental Health Services Act (MHSA) funds through the No Place Like Home (NPLH) program.

City / Authority
Funds
Inclusionary Housing ($1,514,113), HOME Investment Partnerships Program ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs
Update
Exterior finishes and color on building A is complete, with building B at 95% for exterior color. The past two months Westview House staff have been working with AT&T and Spectrum-Charter to provide services to the buildings and install phone and television cabling throughout the units. They signed off on a preliminary plan from SCE in mid-September and are awaiting the final plan from SCE regarding energizing the building. They are pushing to receive it in time to implement the final work order before the Santa Ana moratorium takes place between Thanksgiving and New Year’s; however this may be pushed to January. If it is pushed out, other work is expected to be able to continue and it should not have a drastic effect on the completion date. Interior drywall is almost complete with City inspections ongoing and interior painting is expected to begin next week.

Construction is expected to be complete at the end of February 2024 or early March 2024.

Crossroads at Washington (1126, 1136 and 1146 E. Washington Avenue) Developer The Related Companies of California with A Community of Friends as co- developer and lead service provider
Description
New construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set-aside for permanent supportive housing.

City / Authority
Funds
HOME Investment Partnerships Program (HOME) ($3,007,489), Neighborhood Stabilization Program ($1,637,420), sixty-five (65) year ground lease agreement for 1126, 1136 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) and fifteen (15) PBVs
Update
The developer is working on interiors, installing cabinets, and doors for building 1136 and installing the insulation and hanging drywall on building 1146. The developer continues to work with the Corporation for Supportive Housing, Orange County staff, and the Santa Ana Housing Authority to begin the marketing and lease up process.

Habitat for Humanity (826 N. Lacy & 830 N. Lacy Street) Developer Habitat for Humanity of Orange County (Habitat)

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Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI.

City / Authority
Funds
Inclusionary Housing ($565,271) and a 99-year ground lease agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000)
Update
Late July, and through August of 2023, interior finish carpentry work was started and completed, including installation of doors, cabinets, countertops and sinks. Also in July, the two-story Victorian style home was repainted to address concerns of the French Park Historic Association and community members that the initial color was too bright. The color was approved by the French Park Historic Association and the City of Santa Ana.

On September 30, Habitat held a Dedication Day and warmly welcomed the families for Lacy Street to their new homes. The event was attended by donors, volunteers, and supporters who helped make these homes affordable. The Mayor of Santa Ana Valerie Amezcua addressed the attendees, as well as Councilmember David Penaloza. Senator Tom Umberg, Orange County Supervisor Vicente Sarmiento, and Orange County Supervisor Katrina Foley were also in attendance.

Two families from the City of Santa Ana were selected as the homebuyers.

The families were income qualified as moderate-income families.

Volunteer opportunities continue to be offered Wednesday through Saturday throughout the duration of the build. During the first quarter, there were 358 unique volunteers with a total of 5,250 volunteer hours. From the beginning of the project to date, there have been 1,266 unique volunteers with a total of 22,000 hours.

WISEPlace Permanent Supportive Housing (1411 N. Broadway) Developer Jamboree Housing Corporation with WISEPlace as the co-developer and lead service provider
Description Adaptive reuse and new construction of the WISEPlace building to provide 47 permanent supportive housing units, and one (1) manager’s unit.

City / Authority
Funds HOME-American Rescue Plan ($5,256,327); Twenty-five (25) PBVs Update
The developer closed on their construction loan financing and began construction in March 2023. The Concrete footings & columns were completed in August 2023 and the slab will be poured on October 13, 2023.

The expected construction completion date is November 2024.

FX Residences (801, 809, 809 ½ East Santa Ana Boulevard) Developer HomeAid Orange County, Inc. with Mercy House as the service provider Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one (1) manager’s unit.

Authority
Funds
Housing Successor Agency ($1,656,947), three (3) PBVs, 99-year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000)

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Update
July was the start of construction for FX Residences. The grading, trenching and preparation for foundation were completed. The developer experienced small set back due to Hurricane Hillary where it took a few days to pump out the water and dry out the ground. The foundation was poured the week of September 18th. The block wall was started the week of September 25th and will be completed by 10/6. The developer is working with OCFA and the City’s Public Work Agency on relocation of the underground water pump to ensure best access. The 2nd floor framing is going to begin the week of 10/10. The developer is working to have the site waterproofed by the end of November to avoid rain delays during the potential rainy season. Completion of the project is estimated by the 1st quarter of 2024.

Projects in Pre-Development
Habitat for Humanity (1921 W. Washington Avenue)
Developer Habitat for Humanity of Orange County
Description New construction of three (3) duplexes / six (6) homes for homeownership serving households up to 80% AMI.

City Funds Inclusionary Housing Funds ($2,200,000)
Update
In July 2023, the City’s Planning and Building Agency provided comments on the resubmittal. July through September 2023, the Habitat development team has held meetings with various points of contact with Public Works to work through responses and clarify density bonus waiver requests. The density bonus waivers are necessary for the project to comply with the request to add two additional housing units on the lot. Responses to comments will be submitted in October 2023 with request to submit CDs at- risk to mitigate further delays to the project.

Bewley Street Intergenerational Housing Project (918 N. Bewley Street) Developer Illumination Foundation
Description Rehabilitation of 2 two-story residential buildings into eleven (11) rental units for homeless transitional age youth and senior citizens.

City Funds Homeless Housing, Assistance and Prevention (HHAP) ($2,021,319); Eight (8) PBVs
Update
The first of two Sunshine Ordinance meetings were held in September with a second meeting scheduled for October. The developer has provided all the follow-up information requested by the City’s Planning and Building Agency and currently waiting on a response. The developer is also working with the City’s consultant on their NEPA environmental review.

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

EXHIBIT(S)

1. Available Funds for Affordable Housing Development Projects

2. Project Timelines

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November 7, 2023

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Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Acting City Manager

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Available Funds for Affordable Housing Development Projects As of September 30th, 2023

Housing Successor Agency (Housing Authority)
$5,028,236 Cash on Hand
($1,656,947) Frances Xavier Residence Project Pre-Commitment Loan 1 ($250,000) Administrative Costs Allowance 2
($2,725,395) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $75,625 Available Funds
Inclusionary Housing Funds
$8,943,724 Cash on Hand
($410,000) Down Payment Assistance Program 6
($56,527) Lacy Street Project Grant 7
($151,411) Westview House Loan 8
($37,500) Westview House Project Cost
($2,200,000) 1921 W. Washington Project Pre-Commitment 13 ($2,168,363) Administrative Costs Allowance (CDA/PBA)
$3,919,923 Available Funds
HOME Program
$8,299,766 Funds to Drawdown
($300,749) Crossroads at Washington Loan 10
($200,371) Westview House Loan 8
$7,798,646 Available Funds to Drawdown
HOME-American Rescue Plan Program (PSH Projects Only)
$1,464,630 Funds to Drawdown
($1,464,630) WISEPlace PSH Loan 12
$0 Available Funds to Drawdown
CDBG Program (Acquisition/Rehabilitation Projects Only) $4,690 Funds to Drawdown
$4,690 Available Funds to Drawdown
Rental Rehabilitation Grant Program
$48,860 Cash on Hand 11
($38,652) Westview House Loan 8
$10,208 Available Funds
$11,809,091 Total Available Funds
1 Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the forme r Redevelopment Agency's housing loans. 3 Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. 4 Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 1 7, 2021 (2nd Amendment to Option Agreement). 5 Approved by Housing Authority on July 20, 2021.
6 $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. 7 Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 202 0. 8 Approved by City Council on May 17, 2022.
10 Approved by City Council on June 21, 2022.
11 Old program income available after close out of program with HUD. 12 Approved by City Council on March 7, 2023.
13 Approved by City Council on November 15, 2022.

Exhibit 1

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EXHIBIT 2

Current Affordable Housing Development Project Timelines

Projects under Construction

Estrella Springs – 1108 N. Harbor (Formerly called North Harbor Village) Mar 19 Start of design development
Mar 19 Applied to FHLBSF for AHP Financing ($890,000)
Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047)
Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000)
Jun 19 CEQA / NEPA Approval – City of Santa Ana
Jun 19 AHP Award Date ($890,000)
Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412) Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000)
Mar 20 Applied to HCD for MHP 2nd round funding
Mar 20 Applied to OCHFT Financing ($2,292,920)
May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920)
Jun 20 Received VHHP funding award ($10,000,000)
Jun 20 Submitted Plans for Ministerial Design Approval
Jun 20 Applied for CDLAC tax-exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation
Nov 20 Ministerial Design Approval (upon completion of community meeting on 11/4/2020)
Oct 20 TCAC Allocation
Oct 20 Start construction documents for rehab
Nov 20 Submit first plan check
Dec 20 Awarded Home Depot Grant
Jan 21 Receipt of first plan check comments
Jan 21 Submit second plan check
Feb 21 Receipt of second plan check comments
Feb 21 Submit third plan check
Mar 21 Received permit ready
Apr 21 Construction loan closing
Apr 21 Pull Permits and start construction
May 21 Site Demolition
Dec 21 Work on mock up units begins
Jun 22 Structural retrofitting and repairs
July 22 Roofing and Framing
Aug 22 Stock drywall & Inspections
Aug 22 Gutter, Awning and Painting & installation of stairs Oct 22 OCHFT Loan finalized
Apr 23 Interior refurbishments & finishes

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EXHIBIT 2

Aug 23 Elevator
Sept 23 Plan resubmittal/Plan Coordination
Oct 23 Roof/Drywall
Nov 23 Complete Flooring
Dec 23 Stucco
Jan 24 Interiors/Fixtures & Appliances/
Jan 24 Lease up
Jan 24 Scaffold finishes
Jan 24 Final Cleaning
Mar 24 Grading/Paving for parking lot and site work Mar 24 Construction Completion
Jun 24 Full Occupancy

Westview House – 2530 Westminster Avenue
Oct 19 City of Santa Ana RFP submittal
May 20 OC 2020 Supportive Housing NOFA Submittal
Dec 20 OC 2020 Supportive Housing NOFA award
Jan 21 City of Santa Ana PBV Award
Jan 21 Construction/permanent debt commitments
Jan 21 Receive Entitlements
Jan 21 No Place Like Home application
Mar 21 OCHFT application
May 21 OCHFT Award
Jun 21 No Place Like Home commitment
Sep 21 CDLAC/TCAC 4% application
Dec 21 CDLAC/TCAC 4% award
May 22 Close on construction financing
Jun 22 Construction permits issued
Jun 22 Construction start
Nov 22 Groundbreaking Ceremony
Dec 22 Grading activities completed and concrete poured Apr 23 Floor Sheathing & Pre-Rough complete in Buildings A & B Jun 23 Rough framing and roofing are complete
Jun 23 Window installation in both buildings
Jul 23 Working on utility rough-ins
Jul 23 Roof Truss in Building B
Jul 23 Drywall Production
Mar 24 Construction complete
Aug 24 All units Leased
Dec 24 Perm Debt Conversion
Crossroads at Washington – 1126,1136 and 1146 E. Washington Avenue Aug 19 Submitted PSH application to County
Oct 19 Submitted for Planning entitlements
Oct 19 Community meeting

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EXHIBIT 2

Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus
Dec 19 NEPA EA City Approval – City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved
Mar 20 TCAC 9% Application – 1
st Round 2020
Jul 20 TCAC FCAA/9% Application – 2nd Round 2020
Oct 20 TCAC FCAA/9% Award – 2nd Round 2020
Mar 21 Submitted OCHFT PSH NOFA Application
May 21 OCHFT PSH NOFA Award
Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre- Qualifying Application
Feb 22 Submit for 1st plan check
Mar 22 DTSC approves draft Removal Action Workplan; draft Removal Implementation Plan under review
Apr 22 DTSC ECRG Full Application
Jul 22 DTSC ECRG Award
Jul 22 City issues permit ready letter
Jul 22 C onstruction finance closing/Start construction Nov 22 Building foundation complete
Dec 22 Framing began
Aug 23 Interior work, installation of cabinets & doors for Building 1136 Sept 23 Installing the insulation and hanging drywall on Building 1146 Mar 24 Construction complete
Jul 24 Full occupancy

Habitat for Humanity – 826 N. Lacy Street & 830 Lacy Street May 20 DDA signed
June 20 Prepare grading plans
Oct 20 Prepare architectural plans
Oct 20 Submit Neighborhood Review Application
Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application
Dec 21 Submit grading/ Non-Priority WQMP
Jan 22 Submit architectural plans
May 22 Planning Commission Approval
Jul 22 Grading permit issued
Aug 22 Groundbreaking
Aug 22 Building Permits issued
Aug 22 Commence Grading
Sep 22 Begin Foundation Construction
Oct 22 Framing Ceremony/Framing Construction Begins Jan 23 Roof diaphragm sheathing and exterior sheathing completed Jan 23 Roof sheathing/frame and shear walls Inspection
Jan 23 Buildings dried in

City Council
9 –
16 11/7/2023

EXHIBIT 2

Jan 23 House wrap and waterproofing
Jan 23 Drywall stack complete
Jan 23 Exterior Door installation complete
Jan 23 Homebuyer outreach and application open
Feb 23 Window installation complete
Feb 23 Rough in plumbing
Feb 23 Rough in electrical
Feb 23 Rough in mechanical
Feb 23 Rough in fire sprinkler- OCFA
Mar 23 MEP Inspection
Mar 23 OCFA Inspection
Mar 23 Structural/framing complete
Mar 23 Structural/framing Inspection
Mar 23 Seal exterior penetrations
Mar 23 Wood siding started
Mar 23 Start exterior wood trim carpentry-ongoing
Mar 23 Insulation completion and inspection
Mar 23 Drywall hanging
Mar 23 Preliminary homebuyer application review
May 23 Habitat for Humanity Leaders Build on-site
May 23 Re-launchHomebuyer outreach
May 23 Interior paint completed
Jun 23 Porch-flatwork, interior door installation and cabinetry installation Jul 23 Painting completion
Jul 23 Homebuyer application review and selection Jul 23 Gas pressure test inspection
Aug 23 Roofs finished
Aug 23 Water meter release (Backflow device inspection) Aug 23 Electrical meter release
Sep 23 Families income qualified as moderate-income families and meet the City program ratios
Sep 23 Street improvements (curbs, asphalt, and ADA ramp) Sep 23 Solar inspection
Sep 23 Orange County Fire Authority Final inspection
Sep 23 SCE trench inspection
Sep 23 Flatwork completed
Sep 23 Family Dedication Day Ceremony
Oct 23 Anticipated Construction Completion
Oct 23 Certificate of Occupancy/Completion

WISEPlace Permanent Supportive Housing – 1411 N. Broadway May 19 Start of conceptual design development
Sept 19 Applied to City of Santa Ana for Financing Feb 20 Notified not awarded City of Santa Ana Financing Mar 20 Applied to Orange County Housing Finance Trust (OCHFT) Financing

City Council
9 –
17 11/7/2023

EXHIBIT 2

Apr 20 Met with City of Santa Ana Planning Staff on entitlements May 20 Notified not awarded OCHFT Financing
Jun 21 Met with City of Santa Ana staff to review revised conceptual plans Jan 22 Submitted Historic Resource Commission and entitlements application to City of Santa Ana
Feb 22 Applied to City of Santa Ana for HOME-ARP Funding and PBVs Mar 22 City of Santa Ana Historic Resource Commission Approval Mar 22 Applied to OCHFT Financing
Mar 22 Applied to AHP Financing
Apr 22 Awarded City of Santa Ana for HOME-ARP Funding and PBVs May 22 Awarded OCHFT Funding
May 22 City of Santa Ana Planning Commission Approval of entitlements May 22 City of Santa Ana Community Development Commission Approval of Funding and Density Bonus Agreement (DBA)
Jun 22 Notified not awarded AHP Funding
Jun 22 Applied to County of Orange for ARPA Funding Jun 22 City of Santa Ana City Council Approval of DBA Jun 22 Awarded County of Orange ARPA Funding
Jun 22 Applied for TCAC 9% competitive federal tax credits Sept 22 TCAC Allocation
Sept 22 Start Construction Documents, Plan Check and Permitting Jan 23 Closing Kick Off
Mar 23 Receive grading permit and building permit ready letter Mar 23 Construction loan closing
Mar 23 Pull Permits and start construction
Apr 23 Site Demolition
Jun 23 Groundbreaking Ceremony
Jul 23 Storm drain system complete
Aug 23 Concrete footings & Columns Complete
Sept 23 Structural Framing on Existing Building Complete Oct 23 Concrete pour ground floor slab on grad complete Nov 23 Podium Complete
Jun 24 Dry In Complete
Nov 24 Construction Complete
May 25 100% Full occupancy (6 months)

FX Residences – 801, 809, 809 ½ E. Santa Ana Boulevard
Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding
Feb 19 Confirm with City staff that project site can yield additional units under existing zoning
Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units)
Mar 19 SNHP funding application submitted to County

City Council
9 –
18 11/7/2023

EXHIBIT 2

Apr 19 City staff to review revised conceptual design
Apr 19 Begin development agreement
May19 Board of Supervisors meeting for SNHP funding
Jul 19 Execute Development Agreement
Jul 19 Formal awards letters for NPLH funding to be issued Aug19 Initial planning submittal
Sept19 Sunshine Ordinance Meeting
Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check
Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Feb 22 Building permit submittal
Mar 22 Received 1st set of comments back from Plan Check, consultants working on responses.

Jul 22 FX Funding Closing Meetings begin, 2nd Building Plan Submittal Aug 22 Building and Grading comments being addressed Oct 22 Construction Funding Closing process is underway Dec 22 Dry closed funding for CalHFA/SNHP and City of Santa of Santa Ana April 23 Met with city planner to clarify all comments on 3rd submittal April 23 Submit 4th building review & OCFA building review May 23 Pull Building Permits & PGP Permits
June 23 Groundbreaking Ceremony
July 23 Start of Construction
Aug 23 Grading, trenching and forming underway
Sept 23 Foundation poured.

Oct 23 Block Wall along North property line completed.

Oct 23 First floor framing begun
Nov 23 1 st and 2nd floor framing complete
Nov 23 Roofing
Nov 23 Solar Rough
Dec 23 MEP Inspection
Dec. 23 Drywall start.

Jan 24 Drywall Texture
Jan 24 Scaffolding down.

Jan 24 Water main and storm drain work to begin.

Jan 24 Cabinetry Install
Jan 24 Solar Complete
Jan 24 Electric Finish and Grade Finish
Feb 24 Landscape start and Lease up Start
Feb 24 Flooring Start
Feb 24 Landscape finish
Feb 24 Flooring finish
Feb 24 Electric meter and appliance install
Feb 24 Final Paint Start
Feb 24 Final Paint Finish
Mar 24 Certificate of Occupancy

City Council
9 –
19 11/7/2023

EXHIBIT 2

Projects in Pre-Development

Habitat for Humanity – 1921 Washington Avenue
Dec 21 Habitat for Humanity OC closed escrow on property Aug 22 Subsidy Approval from Community Development Commission Nov 22 Subsidy Approval from City Council
Dec 22 Submit Demo Permit Application
Jan 23 Demo Permit Issued
Feb 23 Submit Site Plan Review Application
Mar 23
Apr 23
First Sunshine Ordinance Meeting
Geological Soils Testing
May 23 Second Sunshine Ordinance Meeting
Jun 23 Second Sunshine Ordinance Meeting report submitted Jun 23 Responses to comments received submitted
July 23 Comments from second submittal received
Meeting with Planning to discuss comments and density bonus waiver requests
Aug 23 Meetings with Public Works to discuss comments and density bonus waiver requests
Sep 23 Meetings with Public Works to discuss comments and density bonus waiver requests
Oct 23 Submit responses to comments from July 2023
Nov 23 Demolition Permit
Nov 23 Planning Approval
Dec 23 Planning Commission Approval
Jan 24 Submit Grading / Non-Priority WQMP
Jan 24 Submit Architectural Plans at Risk
Feb 24 Groundbreaking Ceremony
Mar 24 Building Permit issued
Mar 24 Begin Foundation Construction
Apr 24 Framing Ceremony
Mar25 Complete Rough Inspections
Mar25 Construction Complete

Richard Lehn Intergenerational Housing – 918 N Bewley St.

Nov 22 City of Santa Ana RFP submittal
Nov 22 Design development
Apr 23 Submitted Plans to Planning Division Jun 23 Community Development Commission approval of Pre-Commitment Letter
Jul 23 City Council approval of Pre-Commitment Letter Aug 23 CalOptima HHIP funding application($3,000,000) Sept 23 Start environmental approval process (NEPA) Sept 23 Sunshine Ordinance Community Meeting 1 Oct 23 Sunshine Ordinance Community Meeting 2

City Council
9 –
20 11/7/2023

EXHIBIT 2

Oct 23 Planning Division approval to proceed with plan check Oct 23 Received CalOptima HHIP funding ($3,000,000) Dec 23 NEPA EA approval
Jan 24 Building Division approval
Jan 24 City Council final approval
Jan 24 Pull construction permit
Feb 24 Start construction
Feb 24 Demolition
Apr 24 Rough framing complete
Jun 24 MEP complete
Jul 24 Construction complete
Aug 24 Commence Lease Up
Oct 24 All units leased

City Council
9 –
21 11/7/2023

Community Development Agency
www.santa-ana.org/community-development
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Approve Release of Nonprofit CDBG Application for Fiscal Years 2024–26

AGENDA TITLE
Approve Release of Nonprofit Community Development Block Grant Application for Fiscal Years 2024–26

RECOMMENDED ACTION
Approve the release of Nonprofit Community Development Block Grant Application for Fiscal Years 2024–26.

GOVERNMENT CODE §84308 APPLIES: No

COMMUNITY DEVELOPMENT COMMISSION ACTION
At its regular meeting on October 25, 2023, the Community Development Commission recommended that the City Council approve the Nonprofit Community Development Block Grant Application for Fiscal Years 2024-26.

DISCUSSION
As an entitlement jurisdiction, the City of Santa Ana receives an annual allocation of Community Development Block Grant (“CDBG”) funds from the United States Department of Housing and Urban Development (“HUD”) to improve low to moderate- income neighborhoods, eliminate blight, and encourage economic development. These funds are used for a diverse range of programs including affordable housing, street improvements, park and public facilities improvements, small business start-up grants, code enforcement, and public services. The City may use a maximum of 15% of each annual allocation to fund public service programs, such as those concerned with employment, crime prevention, childcare, health, drug abuse, education, fair housing counseling, energy conservation, homebuyer down payment assistance, recreational needs, and other types of services. The City of Santa Ana’s Community Development Agency awards these CDBG grant funds to nonprofit organizations through a transparent, competitive process for programs that most effectively serve our residents.

The City’s CDBG allocation for Fiscal Years (FY) 2024-26 is estimated to be $4,808,057 each year, assuming the City receives the same allocation as FY 2023-24. The City may use a maximum of 15% of this allocation (or $721,208) each year for public service programs provided by nonprofit organizations.

City Council
10 –
1 11/7/2023

Approve Release of Nonprofit CDBG Application for Fiscal Years 2024–26 November 7, 2023

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Therefore, staff is requesting approval to release the Nonprofit CDBG Application on November 8, 2023 for the estimated $1,442,416 in nonprofit CDBG funding for a two- year period for Fiscal Years 2024–26 (Exhibit 1). This amount includes $721,208 in CDBG funding for FY 2024-25 and $721,208 for FY 2025-26. This amount is subject to adjustment based upon the actual CDBG allocation from HUD following approval of the federal budget each year.

Funding will be available to experienced nonprofit organizations for the provision of public services that include a priority on crime prevention, crisis-intervention, and/or suppression efforts for children, youth, and/or families. Priority funding will be awarded to programs that encompass any of the following:
•Develop crime prevention and suppression programs that assist in the development of suitable living environments by targeting specific Santa Ana neighborhoods that have a long-standing history of crime involving children, youth, and families. For example, crime prevention education programs or community-oriented policing programs such as establishing a neighborhood watch program.
•Develop programs that target victims of domestic violence, dating violence, sexual assault, or stalking.
•Services that will benefit children (generally under age 13), including parenting skills classes.
•Health services addressing the physical health needs of residents. •Mental health services addressing the mental health needs of residents. •Youth services including during and after school programs that target teens (ages 13 to 19) and include recreational programs and counseling/mentorship on healthy lifestyles, substance abuse prevention, crime prevention, dating violence, and anti-bullying. Programs with current Memorandum of Understandings with Santa Ana Unified School District will have priority over other youth service programs.
•Legal services that provide legal aid to low- and moderate-income residents. •Senior services for the elderly 62+ years.

Proposed programs are required to meet HUD’s national objective of an activity that provides a benefit to low- and moderate-income persons. Nonprofit organizations will be able to apply individually for a minimum of $80,000 or a maximum of $150,000 per program for the two-year period. Nonprofit organizations will also have the option of submitting a joint application with other nonprofit organizations to encourage collaboration and nonduplication of public services in our community. Organizations that submit a joint application may request a maximum of $300,000. Applications will be made available online through the City’s Community Development Agency webpage and the PlanetBids bid management system. Staff will be available to assist nonprofits with technical support throughout the application process.

The review of applications and recommendations for funding will be performed by an Ad Hoc Committee composed of three Community Development Commissioners and two staff representatives from the Community Development Agency. Representatives from

City Council
10 –
2 11/7/2023

Approve Release of Nonprofit CDBG Application for Fiscal Years 2024–26 November 7, 2023

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each organization will be invited to present their proposed public service programs for funding consideration at two Community Development Commission (“Commission”) public hearings in front of the full Commission on January 23, 2024 and January 25, 2024 from 3:00 P.M. to 7:00 P.M. on both days. The Ad Hoc Committee will then finalize their application review and recommendations on February 1, 2024 and the funding recommendations will be recommended to the full Commission on February 21, 2024.

The Commission will then recommend the nonprofit funding to City Council for review and approval. The following is the timeline for this year’s nonprofit CDBG application process:

Nonprofit CDBG Application for Fiscal Years 2024–26
Dates Actions
Wednesday, October 25, 2023
Community Development Commission -
Application Review and Formation of Ad Hoc
Committee
Tuesday, November 7, 2023 City Council - Application Review and Approval
Wednesday, November 8, 2023
Application released for 45 days
*All potential subrecipients from contact lists
will be notified via email and Constant
Contact. A press release or social media post
may also be issued.

Tuesday, November 14, 2023 CDBG Application Training
Monday, December 18, 2023 Applications due at 5:00 P.M.

Tuesday, December 19, 2023 to
Thursday, December 21, 2023
Staff review of applications for CDBG
eligibility/National Objective compliance
Wednesday, January 10, 2024 1st review of applications by the Community Development Commission Ad Hoc Committee
Tuesday, January 23, 2024 and
Thursday, January 25, 2024
Community Development Commission
Special Meetings/Nonprofit Presentations of
Public Service Programs
Thursday, February 1, 2024 2nd review of applications by the Community Development Commission Ad Hoc Committee
Wednesday, February 28, 2024 Community Development Commission funding recommendations
Tuesday, March 19, 2024
CDBG Public Hearing at City Council with
recommendation for approval of CDBG
nonprofit funding.

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

City Council
10 –
3 11/7/2023

Approve Release of Nonprofit CDBG Application for Fiscal Years 2024–26 November 7, 2023

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EXHIBIT(S)

1. Nonprofit CDBG Application for Fiscal Years 2024–26
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Acting City Manager

City Council
10 –
4 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

1 City of Santa Ana
Community Development Block Grant
Biennial Public Service Nonprofit Application

DESCRIPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
The Community Development Block Grant (CDBG) is a U.S. Department of Housing and Urban Development (HUD) entitlement grant that the City receives on an annual basis to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate- income persons. No more than 15% of the City’s CDBG grant funds may be used for the provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the City in the previous 12 calendar months. The City of Santa Ana Community Development Agency allocates these CDBG grant funds to nonprofit organizations through a transparent, competitive process for programs that most effectively serve the residents of the City. Interested and eligible organizations can apply on a biennial basis for this funding via the CDBG Biennial Public Service Nonprofit Application.

CDBG Biennial NOFA
Funding will be available to experienced nonprofit organizations for the provision of public services that include a priority on crime prevention, crisis-intervention, and/or suppression efforts for children, youth and/or families.

Priority funding will be awarded to programs that:
x Develop crime prevention and suppression programs that assist in the development of suitable living environments by targeting specific Santa Ana neighborhoods that have a long-standing history of crime involving children, youth and families. For example, crime prevention education programs or community-oriented policing programs such as establishing a neighborhood watch program.
x Develop programs that target victims of domestic violence, dating violence, sexual assault or stalking;
x Services that will benefit children (generally under age 13), including parenting skills classes;
x Health services addressing the physical health needs of residents; x Mental health services addressing the mental health needs of residents; x Youth services including during and after school programs that target teens (ages 13 to 19) and include recreational programs with a counseling/mentorship program on

City Council
10 –
5 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

2 healthy lifestyles, substance abuse prevention, crime prevention, dating violence and anti-bullying. Programs with current Memorandum of Understandings with Santa Ana Unified School District will have priority over other youth service programs; x Legal services that provide legal aid to low and moderate income residents; x Senior services for the elderly 62+ years.

Programs will be funded for a two-year period from July 1, 2024 through June 30, 2026.

x The minimum funding amount is $80,000 per program to ensure that CDBG programs make the greatest impact in our community.
x The maximum funding amount is $150,000 per program. However, organizations that submit a joint application may request a maximum of $300,000 per program.

Organization Requirement
The purpose of this NOFA is to review, compare and evaluate organizations that want to partner with the City to implement CDBG-funded projects, activities, and programs. The City will review your application together with a panel of appointed officials on the Community Development Commission to determine if your organization:
x Has the programmatic capacity to successfully design, implement, and report on a CDBG-funded project per the requirements of the United States Department of Housing and Urban Development (HUD) and the City;
x Has the fiscal capacity to accept, manage, and report on CDBG funds on a reimbursement basis in accordance with HUD and City requirements; x Demonstrates a solid track record and past experience in implementing similar activities and projects that are indicative of potential future success; x Implements proper controls and best management practices to ensure fair and ethical dealings in the areas of finance and accounting, procurement, and client and vendor grievances;
x Implements eligible activities and projects that may be funded by CDBG; x Has adopted a mission statement, goals, and objectives that closely align with those of the City (as expressed in its Consolidated Plan) and of HUD; x Nonprofit organizations must be in good standing and have no outstanding monitoring findings prior to a FY 2024-2026 CDBG award.
x All nonprofit applicants must be able to document 501(c)(3) status. Applicants whose status is pending at the time of application will not be considered for funding.

Nonprofit Organization Collaboration
Nonprofit organizations may submit a joint application with other nonprofit organizations.

Collaborating nonprofit organizations must meet all the application requirements.

Faith-Based Organizations
Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the CDBG program. Organizations may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as a part of the

City Council
10 –
6 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

3 programs or services funded with CDBG funds. If the organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded with CDBG funds, and participation must be voluntary for the beneficiaries of the CDBG-funded programs or services. Faith-based organizations may use space in their facilities to provide CDBG-funded services without removing religious art, icons, scriptures or other religious symbols. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. A religious organization’s exemption from the federal prohibition on employment discrimination based on religion, set forth in section 702(a) of the Civil Rights Act of 1964 is not forfeited when the organization participates in the CDBG program. Notwithstanding the foregoing, nondiscrimination requirements imposed by statute on all CDBG grantees shall apply to religious and faith-based organizations

Cost Reimbursement Agreement
Grants are provided through a Cost Reimbursement Subrecipient Agreement. Reimbursement requests are allowed on a quarterly basis. Therefore, organizations must have enough working capital to continue services until a reim bursement request can be processed by the City. Only allowable and allocable CDBG expenses will be reimbursed. The term of the agreement will be July 1, 2024 through June 30, 2026.

Insurance Requirement
Organizations approved for CDBG funding will be required to obtain a minimum of $1,000,000 general liability insurance, automobile Insurance not less than $1,000,000 per occurrence, and workers’ compensation insurance not less than $1,000,000 per occurrence, for the term of the agreement. In addition, the City must be listed as additionally insured via an endorsement with the endorsement stating that the insurance is primary and noncontributory.

Eligible Activities Requirement
Public service activities which are directed toward the improvement of the quantity and quality of community services principally benefiting persons of low- and moderate-income are eligible for funding. These activities include, but are not limited to, services concerned with employment, crime prevention, childcare, health, substance abuse counseling and treatment, education, fair housing counseling, energy conservation, welfare (excluding income payments) and recreational needs. Emergency grant payments for food, clothing, and shelter (rent, mortgage, utilities) needs are eligible activities as long as the payments do not exceed three months and the payments are made directly to the provider of such services on behalf of an individual or family.

The services funded must be either a new service or a quantifiable increase in the level of service above that which has been provided by or on behalf of the City in the previous 12 calendar months. Services that were originally funded as a new or increased level of service are eligible for continued funding.

Eligible costs include labor, materials, supplies, some operating and maintenance costs for the

City Council
10 –
7 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

4 portion of the facility in which the public service is located, and equipment necessary for the provision of the public service.

Ineligible costs include income payments, assistance for buildings used for the general conduct of government, general local government expenses, political and religious activities, and the purchase of equipment except equipment that constitutes all or part of a public service. Income payments are payments made to an individual or family to provide basic levels of food, shelter, or clothing but do not include emergency grant payments referenced above under eligible activities.

National Objective Requirement
The proposed program must meet the National Objective of activities that provide a benefit to low- and moderate-income persons. At a minimum, the program must serve 51% low- and moderate- income persons. Low- and moderate-income is defined as having an income equal to or less than 80 percent of the area median income, adjusted for household size. The specific household income limits are based on U.S. Census Bureau estimates, updated and issued by HUD annually http://www.huduser.org/portal/datasets/il.html. In general, to document compliance with the national objective requirement, funded programs will require the collection, calculation, and documentation of the participants’ family size and income.

Limited Clientele activity: This is the category most often used for public service activities.

Limited clientele activities are activities limited to a specific group of persons. At least 51 percent of those served must be low- and moderate-income persons. Services qualifying under this category serve a specific clientele, rather than providing service to all persons in a geographic area. Limited clientele activities may qualify as either a presumed benefit activity or a direct benefit activity. A presumed benefit activity is one that exclusively serves a specific group of people that HUD categorically considers low and moderate-income persons. These categories include: abused children, battered spouses, elderly persons, homeless persons, illiterate adults, persons living with AIDS, migrant farm workers, and severely disabled adults as defined by the Bureau of Census. The project sponsor must document that the activity is designed to be used exclusively by a category of persons presumed by HUD to be low- and moderate-income.

If the clientele served does not fall under one of the presumed benefit category of persons, it may qualify as a direct benefit activity which serves low- and moderate-income persons. The project sponsor must verify and maintain documentation regarding the family size and income of each person served. At least 51 percent of the clientele served must be low- and moderate- income persons or the activity funded must be limited exclusively to low- and moderate-income persons. The nature and location of the activity may also support a conclusion that primarily low- and moderate-income persons are served. To qualify under this definition, the service provided must be both of such nature and in such location that it may reasonably be concluded that the activity’s clientele will primarily be low- and moderate-income persons.

City Council
10 –
8 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

5 City of Santa Ana Consolidated Plan Priority Need Requirement Applications for fiscal year 2024-2026 must meet a FY 2020-2024 Consolidated Plan priority need. The Consolidated plan is available for review HERE.

Federal Requirements Resource Links
If funded, organizations will also need to comply with several federal requirements. For more information on these requirements, organizations may view the following websites.

Playing by the Rules - A Handbook for CDBG Subrecipients on Administrative Systems: HERE

Guide to National Objectives and Eligible Activities for CDBG Entitlement Communities: HERE

To view Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200, visit: HERE

Additional Requirements
This application will be available for public display. Therefore, do not include any information that is subject to state or federal confidentiality regulations (i.e. an address to a domestic
violence shelter).

The attached application contains several questions regarding city residents. Residency of participants is determined by the last permanent address. The City will hold organizations accountable for the information included, such as expected service level.

Review of Applications
City staff will conduct a minimum threshold review of all applications received for completeness and to determine the eligibility of the proposed program. The Community Development Commission (CDC) will review and recommend public service funding levels to City Council. City Council will review the recommendations provided by the CDC for funding to determine which activities will be in the best interest of the community.

City Council
10 –
9 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

6 CDBG CRITERIA FOR ALLOCATING POINTS
2024 - 2026 CDBG Application Guidelines

COMMUNITY NEEDS

1. Did organization identify
nature of the program and
demonstrate community
need for the target
population group (i.e. youth,
seniors, disabled)
10 Points
ƒ Applicant identifies the nature of the program and
demonstrates need for the target population. = 10 Pts.
ƒ Applicant does not identify the nature of the program and did not demonstrate need for the target population. = 5 Pts. ƒ Applicant only identifies State or National data = 0 Pts.

2. Did applicant meet a specific
City Consolidated Plan goal and
priority and stated correlation
to proposed program?
10 Points
ƒ Applicant met a specific Consolidated Plan goal and priority and correlation to proposed program was clear= 10 Pts
ƒ Applicant met a specific Consolidated Plan goal and priority but did not clearly state the correlation to proposed
program= 5 Pts
ƒ Applicant did not meet any plan goal or priority= 0 Pts.

CAPACITY TO PROVIDE PUBLIC SERVICES

3. Did the organization provide
a summary and listing of the
admin and program staff?
20 Points

ƒ Organization provided summary and staff listing of all admin and program to fully execute proposed program=20 Pts
ƒ Organization did not provide both summary and staff listing of all admin and program staff =10 Pts
ƒ Organization provided summary and staff listing of all admin and program staff but does not have the capacity to fully execute proposed program=5 Pts
ƒ
Organization did not provide summary and staff listing of all Admin and program=0 Pts

EXPERIENCE

4. Years of experience providing
the proposed program?
10 Points

ƒ 5 or more years of experience providing proposed program=10 Pts
ƒ 2-4 years of experience providing proposed program=5 Pts ƒ 1 year of experience providing proposed program=3 Pts ƒ 0 years of experience providing proposed program=0 Pts

5. Does the applicant have
experience administering
CDBG and/or any other
Federal Grants?
10 Points
ƒ Applicant has experience administering CDBG and other Federal Grant programs=10 Pts.
ƒ Applicant only has experience administering CDBG
programs=5Pts.
ƒ Applicant has no experience administering CDBG and/or Federal Grant programs=0 Pts.

City Council
10 –
10 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

7 6. Did organization meet
prior year's performance
and/or expenditure
goals.
10 Points
ƒ Applicant met 90% annual goals and/or expended all grant funds =10 Pts.
ƒ Applicant met 75% annual goals and/or expended all grant funds =5Pts.
ƒ Applicant met 50% annual goals and/or expended all grant funds for 1 of 3 years = 3 Pts.
ƒ Applicant did not meet annual goal and/or expended all grant funds = 0 Pts.

EFFECTIVE & EFFICIENT USE OF FUNDS

7. Are the majority of
unduplicated participants from
Santa Ana? (Q1a/Q1=___%)
10 Points
ƒ 100% to 80% of program participants are City residents = 10 Pts. ƒ 79.9% to 60% of program participants are City residents = 5 Pts. ƒ 59.9% to 30% of program participants are City residents = 0 Pts.

8. Did the organization describe
the measurable performance
outcomes and how outcomes
will be qualitatively and
quantitatively tracked?
10 Points
ƒ Measurable performance outcomes with qualitatively and quantitatively tracking = 10 Pts.
ƒ Measurable performance outcomes but no qualitatively and quantitatively tracking = 5 Pts.
ƒ No measurable performance outcomes and qualitatively and quantitatively tracking = 0 Pts

9. Does the organization have
active partnerships and/or
collaborations in order to
effectively and efficiently carry
out proposed program?
10 Points
ƒ Organization partners and/or collaborates with 3 or more community organizations = 10 Pts.
ƒ Organization partners and/or collaborates with 2 community organizations = 5 Pts.
ƒ Organization partners and/or collaborates with 1 community organization = 1 Pts.
ƒ Organization partners and/or collaborates with 0 community organization = 0 Pts.

City Council
10 –
11 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application) 8 Anticipated
Timeline
If there is a question about any part of the application, please contact [email protected] or 714-667-2219.
2024- 2026 CDBG Public Service Application
Dates Actions
Wednesday, October 25, 2023 Community Development Commission - Application Review/ Ad Hoc Committee
Tuesday, November 7, 2023 City Council - Application Review and Approval Wednesday, November 8, 2023
Application Released for 45 days
* All potential subrecipients from contact lists
will be notified via email and Constant Contact.

A press release or social media post may also
be issued.

Tuesday , November 14, 2023 CDBG Application Training
Monday, December 18, 2023 Applications due at 5:00 PM
Tuesday, December 19, 2023 to
Thursday, December 21, 2023
Staff review of applications for CDBG
eligibility/National Objective compliance
Wednesday, January 10, 2024 1st review of applications by the Community Development Commission Ad Hoc Committee
Tuesday, January 23, 2024 and
Wednesday, January 24, 2024
Community Development Commission Special
Meeting/Non-Profit Presentations of Public
Service Programs
Thursday, February 1, 2024 2nd review of applications by the Community Development Commission Ad Hoc Committee
Wednesday, February 28, 2024 Community Development Commission funding recommendations
Tuesday, March 19, 2024
CDBG Public Hearing at City Council, with
recommendation for approval of CDBG
nonprofit funding.

City Council
10 –
12 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

9 APPLICATION FOR SUBRECIPIENT PROPOSALS
DUE DATE: Monday, December 18, 2023 at 5:00PM

Hard Copy Applications must be submitted by mail or hand delivered to:

City of Santa Ana
Attention: Brenda Vega, Community Development Analyst
20 Civic Center Plaza 6
th Floor
Santa Ana, CA 92701

NO LATER THAN 5 P.M., Monday, December 18 2023.

ABSOLUTELY NO LATE APPLICATIONS WILL BE ACCEPTED.

Submit one complete application for each proposed program.

A complete application must include the following:

1. Organizational Cover Letter

2. Application Form

3. 2024-2025 Proposed Program Budget (Attachment 1)

4. 2025-2026 Proposed Program Budget (Attachment 2)

5. Staff Listing (Attachment 3)

6. Certificates (Attachment 4)

7. Organization Chart

8. Board of Directors, By-laws and Articles of Incorporation

9. Financial Statements & Single Audit, (Single Audit required if organization expended more than $750,000 of federal funds within a program year), Form 990

10. IRS Nonprofit Designation Letter

11. Logic Model

NOTES:

Failure to provide ALL required information will cause this application to become invalid and will not be considered for funding. The City reserves the right to withdraw consideration of this application if evidence of compliance is not provided or if compliance status changes during the
application process. The City reserves the right to waive a requirement if it is determined to be in the best interest of the City.

City Council
10 –
13 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

10 PUBLIC SERVICE APPLICATION
DUE DATE: 5:00 p.m., Monday, December 18, 2023.

Legal Name of Organization*
_______________________________________________________

UNIQUE ENTITY ID Number*
A unique entity ID is a unique nine-character number used to identify your organization. The City uses the Unique Entity ID number to report how federal grant money is allocated. Unique Entity ID number lookup or registration.
______________________________

Name of second organization if doing a collaboration
______________________________

UNIQUE ENTITY ID number of second organization, if doing a collaboration A Unique Entity ID number is a unique ni ne-character number used to identify your organization. The City uses the Unique Entity ID number to report how federal grant money is allocations. Unique Entity ID number lookup or registration. _____________________________

Date Organization Founded*
_____________________________

Date of Nonprofit Incorporation*
_____________________________

SERVICE AND FUNDING
Q1. Total number of unduplicated individuals to be served during FY2024- 2025 and FY 2025-2026 by program*

2024-2025 _______________ 2025-2026 _______________

a. Percentage that are estimated to be low-income*

2024-2025 _______________ 2025-2026 _______________

Q2. Estimated yearly units of service*
(number of unduplicated individuals multiplied by service visits – i.e. 200 youth X 25 tutoring

City Council
10 –
14 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

11 sessions = 5,000 units of service)

2024-2025 _______________ 2025-2026 _______________

Q3. Total CDBG funds requested for FY 2024-2025 and FY 2025-2026* ($40,000 minimum)

2024-2025 _______________ 2024-2025 _______________

a. Minimum Willing to Accept to Administer Your Program* ($40,000 minimum)

2024-2025 _______________ 2025-2026 _______________

Q4. Cost per participant*
(Total CDBG funds requested divided by Total to be served)

___________________________________________________

Q5. Program History

a. Total number of Santa Ana residents actually served in 2021-2022 and 2022-2023 *

2021-2022 _______________ 2022-2023 _______________

b. Total years the program has been in existence
___________________________________________________
Q6. Name of Program*
______________________________________________________________________________

Q7. Provide a concise description of the proposed program* (300 character maximum)

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

City Council
10 –
15 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

12 Q8. Provide a detailed description of the proposed program. Include the following in order*
a. Detailed description of services provided
b. Frequency of service delivery (i.e. daily, weekly, monthly); c. How the service is provided (i.e. one-on-one, classroom settings, home visits, phone referrals); and
d. Target population groups (i.e. youth in specific
neighborhoods)
(5,000 character maximum)

Q9. Describe your experience in providing the proposed program or similar programs*
Highlight accomplishments
(5,000 character maximum)

Q10. Will this program result in new service or increase the level on an existing service*
Yes
No

If yes, describe how the direct service proposed:
a. Is not a duplication of existing services available; or b. Demonstrates a quantifiable increase in access and/or the level of an existing service provided to the target population.
(5,000 character maximum)

Q11. Similar Services*
List similar services that are currently provided in the community and describe how the proposed program complements or fills an existing gap in services (2,000 character maximum)

Q12. Neighborhood Initiative Area*
An area that that has been adversely affected by disinvestment and decline is considered a Neighborhood Initiative area. The City’s target areas for this period are the Townsend/Myrtle Neighborhoods at Jerome Center and Cedar-Evergreen Neighborhood at Madison Elementary
School. Does the program serve residents of a Neighborhood Initiative area?
Choices
Yes
No

If yes, please describe below

City Council
10 –
16 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application)

13 If yes, please describe the area boundaries and reasons the area fits Neighborhood Initiative criteria.
(5,000 character maximum)

Q13. Describe the unmet need that the proposed program will address* (5,000 character maximum)

Q14. Will the program be conducted within the City of Santa Ana boundaries* Choices
Yes
No

If no, explain how Santa Ana residents will be served
(5,000 character maximum)

Q15. Organization Participation*
List Santa Ana neighborhood associations, local community organizations and/or civic groups the organization participates in and to what extent.
(5,000 character maximum)

Q16. List the benchmarks the organization will use to determine success of the program*
Provide intended outcomes.
(5,000 character maximum)

Q17. Track and Measure Performance*
Describe how the organization will track and measure performance outcomes qualitatively and quantitatively.
(5,000 character maximum)

Q18. List federal grants that the organization has received within the last 5 years*
Include grant amounts, services provided, and outcomes. (5,000 character maximum)

Q19. Summarize the qualifications of the organization’s staff* (Program & Administrative) that would allow the organization to provide the services stated and comply with regulatory requirements.
(5,000 character maximum)

City Council
10 –
17 11/7/2023

City of Santa Ana Community
Development Block Grant FY 2024- 2026 (Nonprofit Application) 14

ATTACHMENTS
Please save complete packet to your desktop and then fill out. If you try to fill out the form from the download screen, the information will not be saved when you try to upload it. 2024-2025 Scope and Budget Exhibit A and B (Attachment 1) 2025-2026 Scope and Budget Exhibit A and B (Attachment 2) Staff Listing (Attachment 3)
(Include Admin and Program Staff working on the proposed program) Certifications Exhibit C, D and E (Attachment 4)
Logic Model
Using the template provided below by the University of Wisconsin, please attach a logic model that will summarize your proposed program on one page including the situation (community need) that you are going to address, the inputs you will use to address that need, your outputs of activities that you will undertake in your program, and the
outcomes (short - 3 months, medium - 6 months and long - 12 months), that you will achieve. Please ensure you are as detailed as possible to provide your logic of how you will achieve your stated
outcomes.

Logic Model from University of Wisconsin:
https://fyi.extension.wisc.edu/programdevelopment/designing-programs/

City Council
10 –
18 11/7/2023

Name of Organization
Name of Funded Program
Annual Accomplishment Goal
1T O T A L Santa Ana Participants 0% Low Income Participants 0% Schedule of Performance
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 - DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter 4: APR 1 - JUN 30
0 Program and Funding Description
City of Santa Ana CDBG Scope of Work
Program Year 2024-2025 (July 1, 2024 - June 30, 2025)
Unduplicated Participants anticipated to be served during the 12-month contract period. -$
Unduplicated
Participants
Estimated
Invoicing(estimated)

EXHIBIT A

City Council
10 –
19 11/7/2023

EXHIBIT A

City Council
10 –
20 11/7/2023

Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0 $0 $0
Indirect Costs 10% $0 $0
$0 $0 $0 $0
* Indirect cost rate: 10%
TOTAL -$
0 FISCAL YEAR 2024-2025

PROGRAM BUDGET
0 0

EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
0 Funding Source Total must equal Program Budget Total listed above. 0 0
0 0
TOTAL Direct Costs
0 PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2024-2025

TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs.

FUNDING SOURCE
Santa Ana CDBG
AMOUNT

EXHIBIT B

City Council
10 –
21 11/7/2023

ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested Description

PROGRAM STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested Description
Type of Service
Contract
Amount
CDBG Funds
Requested Description

OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested Description
2024-2025 CDBG BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
EXHIBIT B-1

City Council
10 –
22 11/7/2023

Name of Organization
Name of Funded Program
Annual Accomplishment Goal
1T O T A L Santa Ana Participants 0% Low Income Participants 0% Schedule of Performance
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 - DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter 4: APR 1 - JUN 30
0 Program and Funding Description
City of Santa Ana CDBG Scope of Work
Program Year 2025-2026 (July 1, 2025 - June 30, 2026)
Unduplicated Participants anticipated to be served during the 12-month contract period. -$
Unduplicated
Participants
Estimated
Invoicing(estimated)

EXHIBIT A

City Council
10 –
23 11/7/2023

EXHIBIT A

City Council
10 –
24 11/7/2023

Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0 $0 $0
Indirect Costs 10% $0 $0
$0 $0 $0 $0
* Indirect cost rate: 10%
TOTAL -$
0 FISCAL YEAR 2025-2026

PROGRAM BUDGET

EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
0 Funding Source Total must equal Program Budget Total listed above. 0 0
0 0
TOTAL Direct Costs
0 PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2025-2026

TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs.

FUNDING SOURCE
Santa Ana CDBG
AMOUNT

EXHIBIT B

City Council
10 –
25 11/7/2023

ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested Description

PROGRAM STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested Description
Type of Service
Contract
Amount
CDBG Funds
Requested Description

OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested Description
2025-2026 CDBG BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
EXHIBIT B-1

City Council
10 –
26 11/7/2023

Staff Listing
(Include Admin and Program Staff working on the proposed program)

Name and Title Duties/Activities Performed Qualification for Duties/Activities CDBG Funded

Yes
No

Yes
No

Yes
No

Yes
No

Yes
No

Yes
No

Yes
No

Yes
No

City Council
10 –
27 11/7/2023

EXHIBIT C

_______________________________________________________________________________ Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
_______________________________________________________________________________ This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.5l0, Participants' responsibilities. The regulations were published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(l) The prospective recipient of federal assistance fund s certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal a ssistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
_______________________________________________________________________________ Name and Title of Authorized Representative
_______________________________________________________________________________ Signature Date

City Council
10 –
28 11/7/2023

EXHIBIT C

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the pros pective recipient of federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Depa rtment of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "s uspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary co vered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it deter mines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Programs.

8. Nothing contained in the foregoing shall be cons trued to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragra ph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lowe r tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily exclude d from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

City Council
10 –
29 11/7/2023

EXHIBIT D

Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Grantee/Contactor Organization
Name of Certifying Officer Signature Date

City Council
10 –
30 11/7/2023

EXHIBIT D

SUBRECIPIENT warrants the following:

1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT.

3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work.

4. SUBRECIPIENT will comply with all Federa l statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372.

City Council
10 –
31 11/7/2023

EXHIBIT E

Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S.

Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act
.

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about – (1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counselin g, rehabilitation, and employee assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;

City Council
10 –
32 11/7/2023

EXHIBIT E

(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -
( 1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The contractor shall insert in the space provided on the attached “Place of Performance” form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised “Place of Performance” form.

Organization
Authorized Signature Date

City Council
10 –
33 11/7/2023

EXHIBIT E

PLACE OF PERFORMANCE

FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name:

Date:

The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification:

Place of Performance (include street address, city, county, state, zip code for each site):

City Council
10 –
34 11/7/2023

Police Department
www.santa-ana.org/pd
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Appropriation Adjustment for 2022 Proposition 69 DNA Identification Funds and Purchase of Forensic Camera Kits for the Santa Ana Police Department

AGENDA TITLE
Approve an Appropriation Adjustment Accepting the 2022 Proposition 69 – DNA Identification Funds and Award Purchase Order to Foster + Freeman for Crime-lite AUTO Camera Kits for the Santa Ana Police Department in the amount of $113,462 (Specification No.23-161) (Non-General Fund and General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $103,500 in the Police Special Revenue account and appropriate same to expenditure account. (Requires five affirmative votes)

2. Authorize a one-time purchase and payment of Purchase Order to Foster + Freeman for three Crime-lite AUTO camera kits in the amount of $113,462, subject to non- substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In November 2004, California voters passed Proposition 69, the DNA Fingerprint, Unsolved Crime, and Innocence Protection Act of 2004, to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. Proposition 69 established a guaranteed funding source for costs associated with the collection, verification, and/or management of DNA evidence.

On December 13, 2022, the County of Orange Prop 69 Committee approved the allocation of 2022 DNA Identification Fund revenues and estimated funding totaling $850,000. The Committee voted to allocate $848,343 county-wide in one-time funding requests to enhance the DNA program for local law enforcing entities and County Departments. The Santa Ana Police Department was awarded $103,500 to purchase three (3) Crime-lite AUTO camera kits for the Department’s Forensic Services Division.

City Council
11 –
1 11/7/2023

Appropriation Adjustment for 2022 Proposition 69 DNA Identification Funds and Purchase of Forensic Camera Kits for the Santa Ana Police Department November 7, 2023

3 8
3 8
The County Board of Supervisors approved the Prop 69 Committee’s recommendations at their April 25, 2023 meeting.

The Crime-lite AUTO camera kit combines forensic imaging technology with high- intensity, multi-spectral illumination, all in a compact handheld device. The device offers a complete solution for searching, detecting, and capturing evidence. It can reveal evidence, including body fluids (semen, saliva, urine, etc.), blood on dark fabrics, fingerprints, gunshot residue, and traces of physical evidence (fibers, hairs, glass, etc.).

These camera systems, with their built-in specialized lighting capabilities, will allow the Police Department’s Forensic Services personnel to detect, examine, and capture potential DNA evidence, both at crime scenes that cannot be transported to a secure lab environment, as well as in the lab. The handheld nature of the device makes it a complete and practical solution to light-based evidence detection, as it can easily be wielded by a single staff member in a timely fashion while maintaining full PPE and the integrity of the crime scene and items being processed.

The implementation of three Crime-lite AUTO camera kits will allow the Forensic Services Division to deploy a kit into each of the two shift lead units for continuous and convenient field access and deploy a kit in the lab for lab staff and field staff to process the multitude of items recovered from crime scenes.

Santa Ana Ordinance No. NS-3041 authorizes the City to make non-bid purchases or services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. The Crime-lite AUTO and the accompanying software is manufactured and sold exclusively from Foster & Freeman.

Staff researched available procurement options and product offerings in the market, and it was determined that Foster & Freeman’s Crime-lite AUTO camera kit meets the City’s specifications and can capture potential DNA evidence at a higher rate than other options in the market.

FISCAL IMPACT
Approval of the appropriation adjustment will recognize $103,500 in the Police Special Revenues, OC Grants revenue account (no. 02414002-52030) and appropriate same to the Police Special Revenue – Programs expenditure account (no. 02414410- 66400). Funds for the purchase order will be available as follows:

City Council
11 –
2 11/7/2023

Appropriation Adjustment for 2022 Proposition 69 DNA Identification Funds and Purchase of Forensic Camera Kits for the Santa Ana Police Department November 7, 2023

3 8
3 8
Fiscal Year Accounting Unit –
Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 23-24 02414410-66400 Police Activities
& Programs
Police Special
Revenue,
Machinery &
Equipment
$103,500
FY 23-24 01114455-66400 General Fund
Forensic Services,
Machinery &
Equipment
$ 9,962

EXHIBIT(S)

1. Award Notification and Amount
Submitted By: David Valentin, Police Chief
Approved By: Steven A. Mendoza, Acting City Manager

City Council
11 –
3 11/7/2023

JESSICA DURHAM
Forensic services supervisor
santa Ana police Department
60 civic center plaza, p.o. Box 1981, santa Ana, cA 92701 [email protected] | (714) 245-8468

COMMUNITY
From: Van Otterloo, Ryan <[email protected]>
Sent: Tuesday, May 23, 2023 4:52 PM
To: Durham, Jessica <[email protected]>
Subject: RE: 2022 Prop 69 Award Notification - Santa Ana PD Jessica,
Congratulations! The Orange County Board of Supervisors has approved the 2022 Prop 69 awards.

Attached, I have included the documentation for the Board actions and the master claim form with instructions. Please note that it is expected that the award will be expended and claimed within 18 months (October 2024).

If you have any questions or concerns, please let me know.

Thank you,
Ryan Van Otterloo
Team Lead – Programs I & II
County Executive Office | Budget
(714) 834-7487
From: Durham, Jessica <[email protected]>
Sent: Tuesday, May 23, 2023 6:31 AM
To: Van Otterloo, Ryan <[email protected]>
Subject: RE: 2022 Prop 69 Award Notification - Santa Ana PD Attention: This email originated from outside the County of Orange. Use caution when opening attachments or links.

Good morning Ryan,
I wanted to touch base with you and see if there was any further information available after the April 25th meeting?
Thank you,
Exhibit 1

City Council
11 –
4 11/7/2023

FIRST
From: Van Otterloo, Ryan <[email protected]>
Sent: Monday, January 9, 2023 2:29 PM
To: Durham, Jessica <[email protected]>
Subject: 2022 Prop 69 Award Notification - Santa Ana PD The Prop 69 Committee has completed their review of the Funding Requests received. The total amount of the requests exceeded the available funding for the 2022 allocation. As such, each request was carefully discussed with a focus on innovation and the benefit to the overall DNA program in Orange County. I’m pleased to inform your organization of the Prop 69 Committee’s recommendation for approval for the following:

Three Crime-Lite Auto $103,500
Total: $103,500
Final approval is still required by the County’s Board of Supervisors, which is scheduled for Tuesday, April 25, 2023
, with the April Budget Report. Once final approval is received, I will follow up with a confirming email and claiming instructions.

Thank you for your continued efforts in supporting your DNA Program. I am available should you have any questions during this process. I can be reached at (714) 834-7487 or via email at [email protected]
.

Ryan Van Otterloo
Team Lead – Programs I & II
County Executive Office | Budget
County Administration North
400 W. Civic Center Drive, Room 580
Santa Ana, CA 92701
(714) 834-7487

City Council
11 –
5 11/7/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
AGENDA TITLE:

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments

RECOMMENDED ACTION

1. Approve the appropriation adjustments to General Fund expenditures (requires five affirmative votes) as detailed in the body of this report, with a net reduction of $408,196 and a net reduction to the General Fund revenue estimates of $530,000.

2. Receive and file the 1 st Quarter Budget Update.

GOVERNMENT CODE §84308 APPLIES
No

EXECUTIVE SUMMARY
This FY2023-24 first quarter budget report focuses on the General Fund, since it is the primary operating fund of the City. This report does not include a discussion of programs and other funds, as we do not expect any significant budget variances at this time.

For FY22-23, the City received revenue in excess of estimates and had expenditure savings. The FY22-23 audit is currently in process, and the final carryover amounts based on remaining FY22-23 budget availability have not been fully vetted. In December, staff will be able to identify the increase of the General Fund balance available for one-time spending, based on the positive FY22-23 variances.

In the meantime, based on actual revenue performance in FY22-23 and updated estimates from the City’s sales tax consultant, staff is able to adjust FY23-24 revenue

City Council
12 –
1 11/7/2023

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
November 7, 2023

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estimates. In addition, we are proposing expenditure reduction totaling $408,196. The net fiscal impact of all proposed adjustments is an overall reduction of $121,804.

FY23-24 General Fund Summary with Proposed Adjustments
FY23-24 Original
Budget
Proposed 1st
Quarter
Adjustments
Updated Estimate
Beginning Balance at
July 1, 2023 109,372,864 - 109,372,864
Revenue Estimate 400,938,670 (530,000) 400,408,670
Appropriated Spending (414,022,680) 408,196 (413,614,484) Pension Trust Set Aside (24,034,731) - (24,034,731)
Estimated Ending
Balance at June 30,
2024
72,254,123 (121,804) 72,132,319
Less: 18% Reserve 72,168,961 (95,400) 72,073,561
Estimated Spendable
Balance 85,162 (26,404) 58,758
The First Quarter budget and actual revenues and expenditures are included in Exhibits 1 & 2. The First Quarter vacancy report is included in Exhibit 3.

DISCUSSION
FY2023-24 Revenue
•The current budget for the Bradley Burns sales tax allocation is $64,715,000.

Actual revenue received in FY22-23 was only $61,068,452. Therefore, staff has adjusted the FY23-24 revenue estimate to $62,515,000 (a budget reduction of $2,200,000, but a 2.4% increase from FY22-23).
•The budget for Measure X sales tax is $88,616,000. Actual revenue received in FY22-23 was only $86,849,806. The City’s sales tax consultant has noted we are experiencing a decrease in new vehicle sales and taxable construction materials, which are having a greater impact on Measure X revenue. Therefore, staff has adjusted the FY23-24 revenue estimate to $85,916,000 (a reduction of $2,700,000 and a 1% further decrease from FY22-23).
•Increase Hotel Visitor’s Tax by $1 million, from $8.5 million to $9.5 million, based on normal collections received in FY22-23.
•Increase Electric Utility Users Tax by $1.7 million, from $15.1 million to $16.8 million, based on normal collections received in FY22-23. •Increase Business License Tax by $1 million, from $15 million to $16 million, to align current year estimates with prior year actuals.

City Council
12 –
2 11/7/2023

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
November 7, 2023

3 8
5 5
•Reduce Cannabis revenue by $3 million, from $15.1 million to $12.1 million, to reflect statewide decreases in demand in combination with a reduced tax rate that became effective January 1, 2023.
•Increase Investment Income by $3.2 million, from $700,000 to $3.9 million, based on actual revenues received in FY22-23 and continued high interest rates. The projected revenue is lower than prior year actuals due to expected reduction in cash balances for the American Rescue Plan Act.
•Increase Paramedic Service Charge revenue by $2 million, from $6.6 million to $8.6 million due to increased reimbursement rates.
•Reduce Billboard revenue by $1.2 million, from $1.2 million to zero, due to a lack of currently approved billboards.
•Reduce Jail revenue by $350,000, from $17.5 million to $17.2 million, to more closely align with prior years actuals.

FY2023-24 Proposed Expenditure Adjustments
•Staff proposes a housekeeping adjustment for the sales tax audit contract and software licenses expenditures, with a net zero impact. Historically, these services have been paid from the revenue account, which understates revenue, instead of paying from the expenditure account. The net result is the same, but the revenue and expenditure will be reported at gross amounts, instead of net amounts.
•Staff proposes a $91,304 expenditure increase to reimburse the Select Street Construction Fund for the land transfer of two parcels to expand the City’s green space.
•The Library is in the planning stages of the Jerome Park Outdoor Library. The project will include a 24-hour “satellite library” kiosk at the southwest end of the park. This satellite library will incorporate recreation-based play learning experiences. Based on the most recent cost estimates, the project is approximately $800,000 short. To help fund this project, Parks, Recreation & Community Services has offered to pay $100,000 from its cell-tower revenue budget, and Public Works has offered to pay $300,000 from its Water Enterprise budget due to the water conservation elements in the project. Staff requests a one-time General Fund adjustment of $400,000 to make up the difference in the shortfall.
•As noted above, there are currently no approved billboards generating revenue for the City. The FY23-24 budget included a $1.2 million appropriation for right- of-way maintenance based on the billboard revenue. As no revenue is expected, staff proposes a corresponding expenditure adjustment to decrease the right-of- way maintenance.

FY 2022-23 Proposed Expenditure Adjustments
While closing the books for FY22-23, staff identified an opportunity to use $1,000,000 of unspent General Fund budget to fix streets, which is both a Measure X spending category and a contribution to the Orange County Transportation Authority (OCTA)

City Council
12 –
3 11/7/2023

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
November 7, 2023

3 8
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Maintenance of Effort (MOE). Staff requests a year-end housekeeping adjustment to increase the Public Works budget in the General Fund by decreasing the budget for other departments with a net fiscal impact of zero dollars. This adjustment improves the City’s ability to meet its FY22-23 OCTA MOE requirement.

City Council
12 –
4 11/7/2023

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
November 7, 2023

3 8
5 5

FISCAL IMPACT
If the City Council approves the recommended budget amendments, the updated estimate of the General Fund balance at June 30, 2024 is as follows:

Staff recommends the following appropriation adjustments:

General Fund FY2023-24 Updated
Beginning Balance at July 1, 2023 109,372,864
Revenue Estimate 400,408,670
Appropriated Spending (413,614,484)
Pension Trust Set-Aside (24,034,731)
Estimated Ending Balance at June 30, 2024 72,132,319
Less: 18% Reserve 72,073,561
Estimated Spendable Balance 58,758
Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY2022-23 Appropriation Adjustments
FY22-23 01110130-62300 General Fund
Finance- Treasury/
Customer
Services, Contract
Services
($500,000)
FY22-23 01115330-62300 General Fund
Fire Suppression/
EMS, Contract
Services
($500,000)
FY22-23 01117017-66220 General Fund
PWA-Service
Enhancement,
Improvements
Other Than
Building
$1,000,000
FY2023-24 Appropriation Adjustments
FY23-24 01110130-62300 General Fund
Finance- Treasury/
Customer
Services, Contract
Services
$280,500
FY23-24 01111017-66220 General Fund
Library- Service
Enhancement,
Improvements
Other Than
Building
$400,000

City Council
12 –
5 11/7/2023

Fiscal Year 2023-24 First Quarter Budget Report and Proposed Appropriation Adjustments
November 7, 2023

3 8
5 5

EXHIBIT(S)

1. FY23-24 General Fund Revenue Summary

2. FY23-24 General Fund Expenditure & Transfer Summary

3. Full-Time Position Vacancy Report
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Steven A. Mendoza, Acting City Manager
FY23-24 01117622-62300 General Fund
PWA-Right of
Way, Contract
Services
($1,180,000)
FY23-24 01106019-68000-
059 General Fund
General Fund-
Interfund
Transfers,
Transfer Out
($91,304)
FY23-24 05917661-66220 Select Street
Construction
OCTA-Bristol St
Corridor
Improvements,
Improvements
Other Than
Building
$91,304

City Council
12 –
6 11/7/2023

EXHIBIT 1
Revenue Source FY23-24
Adopted Budget
FY23-24
1st Quarter Actuals % Received
Sales Tax (Bradley Burns) 64,715,400 4,917,586 7.6%
Sales Tax (Measure X) 88,616,400 6,708,336 7.6%
Property Tax/ Property Tax In-Lieu of VLF 88,387,690 610,614 0.7% Business License Tax 15,000,000 1,183,956 7.9%
Cannabis Revenue¹ 16,060,130 1,824,380 11.4%
Charges for Service 24,823,980 8,336,827 33.6%
Franchise Fees 10,950,000 663,508 6.1%
Hotel Visitor's Tax 8,500,000 1,871,404 22.0%
Jail Facility Revenue 17,502,500 1,476,940 8.4%
Utility Users Tax 25,800,000 5,069,840 19.7%
Subtotal Top General Fund Revenues 360,356,100 32,663,390 9.1% Other General Fund Revenues 40,582,570 6,369,876 15.7% Total General Fund Revenues 400,938,670 39,033,266 9.7% ¹Includes Medical, Adult-Use Retail, Cultivation, Distribution, Manufacturing & Testing

City Council
12 –
7 11/7/2023

EXHIBIT 2
Department FY23-24 Adopted
Budget
FY23-24 1st
Quarter Actuals % Expended
City Attorney 4,365,880 893,489 20.5%
City Clerk's Office 2,411,150 279,237 11.6%
City Council 1,021,070 179,627 17.6%
City Manager 3,144,680 722,990 23.0%
City Owned Museum Building 1,674,210 414,065 24.7%
Community Development ¹ 6,186,710 1,920,908 31.0%
Finance 11,973,870 2,774,768 23.2%
Fire & Emergency Medical Services² 56,483,060 17,175,384 30.4% General Non-Departmental 21,182,270 129,205 0.6%
Human Resources 4,283,540 1,088,807 25.4%
Library 7,392,510 1,675,818 22.7%
Parks, Recreation & Community Services 15,206,990 3,252,623 21.4% Planning & Building 20,146,220 3,738,648 18.6%
Police Department 146,805,550 36,148,804 24.6%
Public Works 50,075,950 9,099,603 18.2%
Transfers to Projects & Debt Service 31,003,550 6,348,973 20.5% Unfunded Pension Liability Payment³ 30,665,470 11,444,377 37.3% Total General Fund Expenditures 414,022,680 97,287,325 23.5% ¹CIP/Grant Carry Forwards weren't uploaded to Budget prior to September 30 closing ²Includes one month advanced payment made in July
³Includes $11.4 million pension liability payment made in July

City Council
12 –
8 11/7/2023

As of September 30, 2023
Department
FY 23-24
Funded
Positons
GF
Vacancies
Non-GF
Vacancies
Total
Vacancies
Hiring
Freeze
Vacancies
Total
Funded
Vacancies
Vacancy
Rate
City Manager's Office 16 2 1 3 0 3 19%
City Attorney's Office 20 3 5 8 0 8 40%
City Clerk 7 2 0 2 0 2 29%
Community Development 72 0 14 14 0 14 19%
Finance & Management Services 69 3 2 5 0 5 7%
Information Technology 24 0 12 12 0 12 50%
Human Resources 32 0 3 3 0 3 9%
Planning & Building 102 8 5 13 0 13 13%
Police Department 640 67 2 69 6 63 11%
Parks, Recreation & Community Services 63 7 4 11 0 11 17% Library 37 0 0 0 0 0 0%
Public Works 313 13 41 54 0 54 17%
Total 1395 105 89 194 6 188 14%

City Council
12 –
9 11/7/2023

Finance and Management Services
www.santa-ana.org/departments/finance/
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Amend Blanket Order Contract for Maintenance, Repair, and Operational Supplies

AGENDA TITLE
Amend Blanket Order Contract with Grainger, Inc. for Maintenance, Repair, and Operational Supplies, for a revised not-to-exceed amount of $1,450,000. (Specification No. 20-001) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase the Blanket Order Contract authority with Grainger, Inc. for the purchase of maintenance, repair, and operational supplies by $100,000, for a revised annual amount not-to-exceed $350,000 for the current contract term expiring December 31, 2023, and one remaining one-year renewal option, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On January 21,2020, the City Council awarded a contract to Grainger, Inc. for the provision of maintenance, repair, and operational supplies in an annual not-to-exceed amount of $250,000. Since the Blanket Order Contract was initially approved, the cost of materials and goods has progressively increased. Additionally, City staff city-wide utilizes this contract as an alternative to other similar contracts to offset contract spend, and due to the wide variety of supplies and convenience offered by the vendor. Using Departments require miscellaneous supplies, parts, equipment, and materials to perform general maintenance throughout the City. These items are ordered on an as- needed basis by various Citywide Departments and Divisions, including Public Works Agency, Police Department and Jail, Parks, Fleet, Facilities, and Parks, Recreation and Community Services Agency. This existing contract ensures City staff can maintain City facilities without a lapse in services. Therefore, staff recommends amending the contract to increase the annual amount by $100,000 per year, for a revised annual amount not-to-exceed $350,000, and a total contract not-to-exceed amount of $1,450,000 for the remaining contract term, including the remaining one-year renewal period.

City Council
13 –
1 11/7/2023

Amend Blanket Order Contract for Maintenance, Repair, and Operational Supplies November 7, 2023

3 8
3 1

FISCAL IMPACT
Funding is available in the current year budget within various departmental Miscellaneous Operating Expense accounts (no.63001). If the one-year renewal is exercised, funding for the last six months of that renewal period (July 1, 2024 through December 31, 2024) will be included in the proposed FY24-25 budget for City Council consideration.

EXHIBIT(S)
N/A
Submitted By: Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Steven A. Mendoza, Acting City Manager

City Council
13 –
2 11/7/2023

Finance and Management Services
www.santa-ana.org/departments/finance/
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Award Aggregate Blanket Order Contracts for Custom Imprint Clothing and Accessories

AGENDA TITLE
Award Aggregate Blanket Order Contracts to 1-Step Ahead, Branded Gifts Plus, BSN Sports, LLC, Loso Creation, and So. Cal Embroidery, LLC for Custom Imprint Clothing and Accessories, in a not-to-exceed aggregate amount of $2,125,000 (Specification No. 23-129A). (General Fund & Non-General Fund)

RECOMMENDED ACTION
Award aggregate blanket order contracts to vendors listed below for the purchase of custom imprint clothing and accessories on an as-needed basis in an annual amount not- to-exceed $425,000, with a total aggregate contract amount not-to-exceed $2,125,000, for an initial two-year term expiring on November 30, 2025, with provisions for three, one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

Vendor Location Location
1-Step Ahead Huntington Beach, CA
Branded Gifts Plus El Cajon, CA
BSN Sports, LLC Dallas, TX
Loso Creation Santa Ana, CA
So. Cal Embroidery, LLC Santa Ana, CA
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City utilizes custom imprint clothing and accessories for employees who regularly engage with the public and others who require City-branded clothing for workday attire.

The customized clothing with the City’s logo or seal ensures City staff is easily identified and creates a uniformed appearance amongst staff. Customizations are specific to each department, and it is necessary to replace the clothing and accessories on an as- needed basis due to normal wear and tear and staffing changes. In addition, Central Stores maintains an inventory of custom clothing and accessories available to staff city- wide for purchase. Other miscellaneous non-inventory custom imprint clothing and

City Council
14 –
1 11/7/2023

Award Aggregate Blanket Order Contracts for Custom Imprint Clothing and Accessories November 7, 2023

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specialty items are purchased by departments throughout the City for various staff and community events.

The Invitation for Bids (IFB) No. 23-129A was advertised on July 28, 2023, on the City’s online bid and management publication system. A summary of IFB vendor participation and results is as follows:

162 Vendors notified
11 Santa Ana vendors notified
37 Vendors downloaded the bid packet
13 Bids received
2 Bids received from Santa Ana Vendors
Bids were solicited, opened on August 15, 2023, and evaluated (Exhibit 1). Of the thirteen Bids received by the deadline, seven were deemed responsive and six were non-responsive due to not meeting IFB specifications and/or complying with IFB terms, conditions, and/or submittal instructions. The bids submitted by 1-Step Ahead; Branded Gifts Plus; BSN Sports, LLC; Loso Creation; and So. Cal Embroidery, LLC were determined to be the lowest, responsible bids, responsive to the specifications, and meet the City’s requirements. Loso Creation and So. Cal Embroidery, LLC are local vendors, located in Santa Ana, CA.

FISCAL IMPACT
Funding for the remainder of the current fiscal year are included in the FY23-24 budget. Funds for the duration of the contract period, an aggregate amount not-to- exceed $425,000 annually, will be included in the proposed budgets for various departmental Miscellaneous Operating Expense accounts (no. 63001) City Council consideration.

EXHIBIT(S)

1. Abstract of Bids (23-129A)
Submitted By: Kathryn Downs, Finance and Management Services Executive Director Nabil Saba, P.E., Public Works Agency, Executive Director Approved By: Steven A. Mendoza, Acting City Manager

City Council
14 –
2 11/7/2023

BIDDER LOCATION TOTAL
1-Step Ahead Huntington Beach, CA 331,290.50$
2meart.com Oakland, CA 660,531.00$
Branded Gifts Plus El Cajon, CA 432,808.55$
BSN Sports, LLC Dallas, TX 351,397.20$
Loso Creation Santa Ana, CA 525,240.00$
So. Cal Embroidery, LLC Santa Ana, CA 496,885.00$
Uniform Warehouse, Inc. Chatsworth, CA 539,197.00$

BIDDER LOCATION
FSP Designs Monrovia, CA
Fyre Marketing LLC Tampa, FL
High Performance Enterprise, Inc. Chicago, IL
Infuse Branding, Inc. Pasadena, CA
Scotts Screenprinting Orange, CA
Seaside Companies, LLC Millsboro, DE
CITYWIDE CUSTOM IMPRINT CLOTHING & ACCESSORIES (23-129A)

ABSTRACT OF BIDS
NON-RESPONSIVE BIDS WERE RECEIVED FROM THE FOLLOWING VENDORS:

EXHIBIT 1
EXHIBIT 1

City Council
14 –
3 11/7/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Amend Citywide Blanket Order Contract for Office Supplies

AGENDA TITLE
Amend Blanket Order Contract with ODP Business Solutions, LLC (Office Depot, Inc.) for Office Supplies, for a revised not-to-exceed amount of $1,000,000. (Specification No. 22-061) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase the Blanket Order Contract authority with ODP Business Solutions, LLC for the purchase of office supplies by $75,000 per year for a revised annual amount not-to-exceed $250,000 for the current contract term expiring May 31, 2024, and three remaining one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On April 19, 2022, the City Council awarded a contract to ODP Business Solutions, LLC for the provision of miscellaneous office supplies, in an annual not-to-exceed amount of $175,00 per year. Since the launching of the ODP Business Solutions online account, which enables City staff to source office supplies in a more efficient method, streamlines ordering of office supplies directly from requesting sites, and offers standard next day delivery on most items, utilization of the contract has increased significantly. In addition, ODP Solutions, LLC offers ergonomic essentials such as chairs, keyboards, and wrist rests at highly competitive prices that have proven to be unmatched. This has led Risk Management to rely on this contract for their ergonomic needs on a regular basis. In order to satisfy the growing need of easily accessible office supplies and ergonomic equipment, staff recommends amending the contract to increase the annual amount by $75,000 per year, for a revised annual amount not to exceed $250,000, and a total contract not-to-exceed amount of $1,000,000 for the current term and three remaining one-year renewal periods.

City Council
15 –
1 11/7/2023

Amend Citywide Blanket Order Contract for Office Supplies November 7, 2023

3 8
3 3

FISCAL IMPACT
Funding for the current fiscal year is included in the FY23-24 budget. Funding for future periods will be included in proposed budgets, within various departmental Miscellaneous Operating Expense accounts (no.63001), for City Council consideration.

EXHIBIT(S)
N/A
Submitted By: Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Steven A. Mendoza, Acting City Manager

City Council
15 –
2 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Amend Blanket Order Contract for the Purchase of Paper Products and Miscellaneous Supplies for Central Stores

AGENDA TITLE
Amend the Blanket Order Contract for the Purchase of Paper Products and Miscellaneous Supplies with American Sanitary Supply, Inc., for a Revised Contract Amount Not to Exceed $1,220,000 for the Remainder of Contract Term and Remaining Renewal Options (Specification No. 21-043) (Non-General Fund)

RECOMMENDED ACTION
Amend Blanket Order Contract with American Sanitary Supply, Inc., for paper products and related supplies, increasing the contract amount by $800,000, for a new total not to exceed $1,220,000, for the remainder of the current term expiring September 20, 2024, and the remaining one-year renewal period, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On September 21, 2021, the City Council awarded a contract to American Sanitary Supply Inc. for the purchase of paper products and janitorial supplies for the Santa Ana Jail as a result of competitive solicitation, Invitation for Bids (IFB) No. 21-043. The Public Works Agency (PWA) is interested in providing these products and requests to increase the current agreement amount to allow purchase of paper products and janitorial supplies through Central Stores for citywide distribution. Central Stores is a facility located at the City Yard and managed by PWA that supplies a variety of products to different agencies within the City. Staff recommends amending the contract amount by $800,000 to allow PWA Water Resources to provide paper, janitorial, and miscellaneous products and supplies as needed by various City departments.

FISCAL IMPACT
Funding is available in the current year budget within various departmental Miscellaneous Operating Expense accounts (no. 63001). If the one-year renewal is exercised, funding for the last three months of that renewal period (July 1, 2025 through September 20, 2025) will be included in proposed FY25-26 budget for City Council consideration.

City Council
16 –
1 11/7/2023

Amend Purchase Order for Purchase of Paper and Janitorial Supplies November 7, 2023

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1 7
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven Mendoza, Acting City Manager

City Council
16 –
2 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Amend Blanket Order Contract for the Purchase of Rock, Sand, and Gravel

AGENDA TITLE
Amend the Blanket Order Contracts for the Purchase of Rock, Sand, and Gravel with PTI Sand & Gravel, Inc., for a New Amount Not to Exceed $1,012,500 (Specification 21- 134) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase the contract amount by $525,000, for a new annual amount not to exceed $247,500, and a total contract amount not to exceed $1,012,500 for the remainder of the current term expiring December 31, 2023, with three one-year renewal periods, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On December 21, 2021, the City Council awarded a contract to PTI Sand & Gravel, Inc. for the provision of rock, sand, gravel, and materials. The materials purchased through this agreement are used by the Public Works Agency’s Water Resources Division to perform maintenance and repair services. The contract was initially awarded for an amount not to exceed $487,500. The Water Resources Division requires an on-hand assortment of road materials including rock, sand, and gravel. These base materials are used when repairing any street surface.

Due to the rising costs of material brought on by inflation, the Water Resources Division requires adequate inventory on hand to maintain the City’s water and sewer systems.

Therefore, staff recommends amending the contract amount by $525,000 to accommodate the Division’s needs for accessible rock, sand, and gravel.

FISCAL IMPACT
The total contract increase for the remaining term including renewals is $525,000.

Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

City Council
17 –
1 11/7/2023

Amend Blanket Order Contract for Rock, Sand, and Gravel November 7, 2023

3 8
2 7
Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
Renewal Options
05617640-
63001
Sanitary
Sewer
Service
Sanitary Sewer
Service, Miscellaneous
Operating Expenses
$75,000
2023-24
(July-June) 06017641-
63001 Water
Water Systems
Maintenance,
Miscellaneous
Operating Expenses
$75,000
05617640-
63001
Sanitary
Sewer
Service
Sanitary Sewer
Service, Miscellaneous
Operating Expenses
$75,000
2024-25
(July-June) 06017641-
63001 Water
Water Systems
Maintenance,
Miscellaneous
Operating Expenses
$75,000
05617640-
63001
Sanitary
Sewer
Service
Sanitary Sewer
Service, Miscellaneous
Operating Expenses
$75,000
2025-26
(July-June) 06017641-
63001 Water
Water Systems
Maintenance,
Miscellaneous
Operating Expenses
$75,000
05617640-
63001
Sanitary
Sewer
Service
Sanitary Sewer
Service, Miscellaneous
Operating Expenses
$37,500
2026-27
(July-Dec) 06017641-
63001 Water
Water Systems
Maintenance,
Miscellaneous
Operating Expenses
$37,500
Total: $525,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
17 –
2 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Amend Blanket Order Contract for Equipment Rentals

AGENDA TITLE
Amend Blanket Order Contracts for Equipment Rentals with Sunbelt Rentals, United Rentals, and Herc Rentals for a Revised Total Amount not to Exceed $2,550,000 (Specification No. 22-045) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the Blanket Order Contracts for equipment rentals to increase the annual aggregate amount by $290,000, for a revised total annual amount not to exceed $568,000, and a total contract amount not to exceed $2,550,000 for the remainder of the current term expiring April 19, 2024, and three remaining one-year renewal periods, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems and associated facilities, while PWA Parks, Fleet, and Facilities Division is responsible for the maintenance and repair of the City parks and trails. Overall, PWA relies on rental services to provide the necessary equipment to assist with operations and special projects. The Santa Ana Police Department will use rental services to assist the Police Department’s Cannabis Enforcement team for various cases, as needed.

On November 15, 2022, the City Council awarded a contract to Herc Rentals and amended contracts with Sunbelt Rentals and United Rentals for equipment rental services through the use of competitively bid cooperative contracts awarded by Sourcewell, a government organization. The need for rental equipment has increased due to the City’s continued increase in its projects at city facilities including reservoir inspections and improvements at Central Stores and Corporate Yard. Staff has reviewed equipment rental services history and has begun purchasing equipment that is critical to operations and as an effort to reduce rental equipment charges. Staff recommends increasing the blanket purchase order contract for equipment rentals by the amount of $290,000, for a revised annual amount not to exceed $568,000, for the remainder of the contract term, including any remaining renewal periods.

City Council
18 –
1 11/7/2023

Amend Contracts for Equipment Rentals
November 7, 2023

3 8
2 9

FISCAL IMPACT
The total contract increase for the term including renewals is $1,160,000. Funding is available in the FY 23-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal
Year
Accounting
Unit-
Account #
Fund
Description
Accounting Unit, Account
Description Amount
06017640-
63001 Water
Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$240,000
2023-24
01117651-
62320
General
Fund
Park Maintenance Service
Enhancement, Maintenance
& Repair Buildings & Ground
$50,000
Renewal Options
06017640-
63001 Water
Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$240,000
2024-25
01117651-
62320
General
Fund
Park Maintenance Service
Enhancement, Maintenance
& Repair Buildings & Ground
$50,000
06017640-
63001 Water
Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$240,000
2025-26
01117651-
62320
General
Fund
Park Maintenance Service
Enhancement, Maintenance
& Repair Buildings & Ground
$50,000
06017640-
63001 Water
Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$240,000
2026-27
01117651-
62320
General
Fund
Park Maintenance Service
Enhancement, Maintenance
& Repair Buildings & Ground
$50,000
Total: $ 1,160,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
18 –
2 11/7/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Award Aggregate Blanket Order Contracts for Chemical Products

AGENDA TITLE
Award Aggregate Blanket Order Contracts to Heritage Landscape Supply Group, Inc, SiteOne Landscape Supply, and Waterline Technologies, Inc. for Chemical Products, in An Aggregate Amount Not to Exceed $1,000,000 (Specification No. 23-104) (Non- General Fund)

RECOMMENDED ACTION
Award aggregate Blanket Order Contracts to Heritage Landscape Supply Group, Inc., SiteOne Landscape Supply, and Waterline Technologies, Inc. for chemical products on an as-needed basis in an annual amount of $200,000 and total aggregate amount not to exceed $1,000,000 for an initial three-year period beginning December 1, 2023 and expiring November 30, 2026, with provisions for two one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Central Stores, as part of the Public Works Agency (PWA)’s Water Resources Division, provides all City agencies with required chemicals for everyday use in the field. The chemical usage varies in use from landscape care to water treatment.

The Invitation for Bids (IFB) No. 23-104 was advertised on June 30, 2023, on the City’s online bid and management publication system. A summary of the IFB and bids received is as follows:
148 Vendors Notified
9 Santa Ana Vendors Notified
31 Vendors Downloaded IFB
5 Bids Received
1 Bid Received from Santa Ana
Vendors
Bids were solicited, opened on July 27, 2023, and evaluated (Exhibit 1). Five bids were submitted by the IFB deadline and all were determined to be responsive to the specifications and met the City’s requirements. The bids submitted by Heritage Landscape Supply Group, Inc., SiteOne Landscape Supply, and Waterline

City Council
19 –
1 11/7/2023

Award Aggregate Blanket Order Contracts for Chemical Products November 7, 2023

3 8
2 5
Technologies, Inc. were determined to be the lowest, responsive to the specifications, and meet the City’s requirements. To ensure sufficient resources are available at all times, staff recommends awarding to the three lowest bidders. These selected vendors show that they carry and are able to provide the City with required chemicals to keep in stock or to order on an as needed basis.

Vendor Location
Heritage Landscape Supply Group, Inc. McKinney, TX
SiteOne Landscape Supply Cleveland, OH
Waterline Technologies, Inc. Santa Ana, CA
Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified nine Santa Ana vendors, one of which downloaded the IFB and submitted a proposal for consideration.

FISCAL IMPACT
Funding is available in the current year budget within various departmental Miscellaneous Operating Expense accounts (No. 63001). Funding for the future periods will be included in proposed budget for City Council consideration.

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
19 –
2 11/7/2023

City of Santa Ana IFB 23-104
Bid Results for Project Chemical Products
Bid Due on July 27, 2023 2:00 PM (PDT)
Item No. Description UOM QTY Unit Pricing Ext. Pricing Unit Pricing Ext. Pricing Unit Pricing Ext. Pricing Unit Pricing Ext. Pricing Unit Pricing Ext. Pricing 1 Hasa Liquid Chlorine 4 x 1 Gal. Deposit Case 300 no bid no bid no bid no bid no bid no bid $38.22 $11,466.00 $36.78 $11,034.00 2 Olin Chlor Alkali Sodium Hypochlorite 12.5% NSF Listed 53 Gal. Drum 4 no bid no bid no bid no bid no bid no bid $231.84 $927.36 $572.27 $2,289.08 3 Olin Chlor Alkali Sodium Hypochlorite 12.5% NSF Listed – Waterline 5 Gal. Carboy 4 no bid no bid no bid no bid no bid no bid $32.29 $129.16 $119.17 $476.68 4 Hasa Muriatic Acid 4 X 1 Gal. Deposit Case 5 no bid no bid no bid no bid no bid no bid $49.32 $246.60 $116.87 $584.35 5 Olin Chlor Alkali Sodium Hypochlorite – NSF listed 12.5% - Liquid Chlorine Bulk per Gal 1 no bid no bid no bid no bid no bid no bid $3.00 $3.00 no bid no bid 6 Wintersun Sodium Thiosulfate Pentahydrate (Photo Grade) 50 lb bag 50 no bid no bid no bid no bid no bid no bid $147.50 $7,375.00 no bid no bid 7 Morton Culinox 999 Food Grade Salt 50 lb bag 4000 no bid no bid no bid no bid $13.10 $52,400.00 $19.22 $76,880.00 $25.00 $100,000.00 8 All Chem Swim Best 68% Cal Hypo Granular 50 lb bucket 20 no bid no bid no bid no bid no bid no bid $221.03 $4,420.60 $230.69 $4,613.80 9 Vita-D-Chlor Neutral Tablets 55 lb bucket 20 no bid no bid no bid no bid no bid no bid $770.00 $15,400.00 $1,159.99 $23,199.80 10 Vita-D-Chlor Tablets 35 lb bucket 20 no bid no bid no bid no bid no bid no bid $650.00 $13,000.00 $896.42 $17,928.40 11 Vita-D-Chlor Slo-Tabs 35 lb bucket 20 no bid no bid no bid no bid no bid no bid $720.00 $14,400.00 $986.42 $19,728.40 12 Peabody Gemini Containment Tanks 120 Gal. Cyl. 2 no bid no bid no bid no bid no bid no bid $1,541.00 $3,082.00 no bid no bid 13 Brandt Magnify Water Conditioning Surfactant Agent 2.6 Gal. 20 $65.89 $1,317.80 $123.75 $2,475.00 no bid no bid $0.00 $0.00 no bid no bid 14 Roundup ProMax Herbicide 1.67 Gal. 61 $87.10 $5,313.10 $78.51 $4,789.11 no bid no bid $0.00 $0.00 no bid no bid 15 Roundup Custom Aquatic Terrestrial Herbicide 2.5 Gal. 5 $93.46 $467.31 $84.23 $421.15 no bid no bid $0.00 $0.00 no bid no bid 16 Cheetah Pro Herbicide 2.5 Gal. 35 $209.12 $7,319.20 $198.46 $6,946.10 no bid no bid $0.00 $0.00 no bid no bid 17 Pentra-Bark Penetrating Surfactant 32oz/quart 1 $49.62 $49.62 no bid no bid no bid no bid $0.00 $0.00 no bid no bid 18 LESCO Phos Pro Calcium Phosphite Fertilizer 2.5 Gal. 1 $71.54 $71.54 no bid no bid no bid no bid $0.00 $0.00 no bid no bid 19 Safari 20 SG Systemic Insecticide with Dinotefuran 3 lbs 1 $405.84 $405.84 $397.20 $397.20 no bid no bid $0.00 $0.00 no bid no bid 20 LESCO Crosscheck Insecticide (Bifenthrin) 1 Gal 1 $45.00 $45.00 $43.47 $43.47 no bid no bid $0.00 $0.00 no bid no bid 21 Drum Deposit (if any) Drum 1 no bid no bid no bid no bid no bid no bid $75.00 $75.00 no bid no bid 22 Case Deposit (if any) Case 1 no bid no bid no bid no bid no bid no bid $10.00 $10.00 no bid no bid Subtotal $14,989.41 $15,072.03 $52,400.00 $147,414.72 $179,854.51 23 For items not specified herein, vendor must enter minimum percentage (%) discount offered to the City at the unit price. Discount from vendor’s price list shall remain firm throughout the term of the contract. Lot 1 10% 10% no bid no bid no bid no bid 18% 18% no bid no bid Subtotal 10% 0 $0.00 18% $0.00
24 Vendor must enter fixed amount for delivery, shipping, and/or handling fees. Lot 1 no bid no bid $0.00 $0.00 no bid no bid $0.00 $0.00 no bid no bid Subtotal $0.00 $0.00 $0.00 $0.00 $0.00
Total $14,989.51 $15,072.03 $52,400.00 $147,414.90 $179,854.51 Buyer Notes: Asadel Corporation offered CARGILL Brand Salt, instead of MORTON, as requested.

Heritage Landscape Supply Group, Inc
McKinney, TX
Aasdel Corporation
Norcross, GA
Waterline Technologies Inc.

Santa Ana, CA
Cascade Columbia
Distribution Co.

Seattle, WA
SiteOne Landscape Supply
Cleveland, OH
EXHIBIT 1

City Council
19 –
3 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Purchase of 13 Storage Containers

AGENDA TITLE
Award Purchase Order to Bizon Group, Inc. for Storage Containers (IFB 23-103) (Non- General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of Purchase Order to Bizon Group, Inc for thirteen new storage containers, in an amount not to exceed $128,430, subject to non- substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Water Resources Division (Water Resources) oversees and maintains the daily operations of the water system and sanitary sewer system. The City’s water system is comprised of approximately 478 miles of water mains with the sewer system having approximately 390 miles of sewer mains serving 333,000 residents and businesses of the City of Santa Ana.

The Water Resources Division is requesting to purchase 13 steel storage shipping containers to be utilized by various sections within the division. Water Resources relies on having specialty equipment, tools, and other items such as pipes, hydrants, and valves on hand for the repair and maintenance of the City’s water system infrastructure.

The containers will be kept at various sites and provide a secure location for these items. Currently, the Water Resources Division is renting similar containers on a monthly basis. As the Division continues to utilize steel storage containers, purchasing these units will offer the most cost-effective solution.

The Invitation for Bids (IFB) No. 23-103 was advertised on July 3, 2023 and offers were solicited. A summary of the IFBs and offers received is as follows:
40 Vendors Notified
6 Santa Ana Vendors Notified
20 Vendors Downloaded IFB
4 Bids Received

City Council
20 –
1 11/7/2023

Purchase of 13 Storage Containers
November 7, 2023

3 8
1 8
0 Bids Received from Santa Ana Vendors
Bids were solicited, opened on July 27, 2023, and evaluated (Exhibit 1). Four bids were submitted by the IFB deadline. Of the four Bids received, three Bids were responsive.

The bid submitted by Sun Pac Storage Containers was deemed non-responsive due to not submitting their Bid per IFB specifications and instructions. The bid submitted by Bizon Group, Inc. was determined to be the lowest, responsible bid, was responsive to the specifications, and meets the City’s requirements.

Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified six Santa Ana vendors, none of which downloaded the IFB and submitted a proposal for consideration.

FISCAL IMPACT
Funding is available in the current FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
05617640-
66400
Sanitary
Sewer
Service
Sanitary Sewer Service,
Machinery & Equipment
$17,268
06017640-
66400
Water Water Utility Water Production
and Supply, Machinery &
Equipment
$49,199
06017641-
66400
Water Water System Maintenance,
Machinery & Equipment
$28,954
06017644-
66400
Water Water Quality, Machinery &
Equipment
$21,339
06017645-
66400
Water Water Admin Engineering,
Machinery & Equipment
$6,323
FY 23-24
06017646-
66400
Water Water Meter Services,
Machinery & Equipment
$5,347
TOTAL $128,430

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
20 –
2 11/7/2023

Item No. Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 NEW 40' Container, Non-Roll Up Door EA 1 $21,500.00 $21,500.00 $21,339.00 $21,339.00 $18,625.00 $18,625.00 2 NEW 20' Container, with Roll Up Door (4'8" wide) EA 1 $8,700.00 $8,700.00 $5,346.50 $5,346.50 $6,910.00 $6,910.00 3 NEW 20' Container, with 2 swing doors EA 1 $7,400.00 $7,400.00 $7,526.00 $7,526.00 $7,254.00 $7,254.00 4 NEW 10' Container, Walk In Door, located at the middle of the container EA 1 $9,900.00 $9,900.00 $8,642.00 $8,642.00 $10,050.00 $10,050.00 5 NEW 20' Car Storage Container, swing door on the two short sides of the container and one roll-up door of the long side of the container EA 1 $9,550.00 $9,550.00 $8,626.00 $8,626.00 $8,292.00 $8,292.00 6 NEW 10' Container, Roll Up Door on one short side of container EA 1 $9,900.00 $9,900.00 $6,323.00 $6,323.00 $9,667.00 $9,667.00 7 NEW 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 4 $12,350.00 $49,400.00 $10,714.00 $42,856.00 $12,086.00 $48,344.00 8 NEW 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 1 $12,350.00 $12,350.00 $10,714.00 $10,714.00 $12,086.00 $12,086.00 9 NEW 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 1 $12,350.00 $12,350.00 $10,714.00 $10,714.00 $12,086.00 $12,086.00 10 NEW 40' Container with Cargo Doors, 4 doors total, 2 doors that swing out of each short side of container EA 1 $9,400.00 $9,400.00 $6,343.00 $6,343.00 $9,025.00 $9,025.00 Subtotal $150,450.00 $128,429.50 $142,339.00
11 USED 40' Container, Non-Roll Up Door EA 1 $0.00 $0.00 12 USED 20' Container, with Roll Up Door (4'8" wide) EA 1 $5,176.00 $5,176.00 $5,460.00 $5,460.00 13 NEW 20' Container, with 2 swing doors EA 1 $5,846.00 $5,846.00 $7,005.00 $7,005.00 14 USED 10' Container, Walk In Door, located at the middle of the container EA 1 $8,642.00 $8,642.00 $8,095.00 $8,095.00 15 USED 20' Car Storage Container, swing door on the two short sides of the container and one roll-up door of the long side of the container EA 1 $6,901.00 $6,901.00 $5,492.00 $5,492.00 16 USED 10' Container, Roll Up Door on one short side of container EA 1 $4,148.00 $4,148.00 $4,795.00 $4,795.00 17 USED 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 4 $7,984.00 $31,936.00 $9,111.00 $36,444.00 18 USED 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 1 $7,984.00 $7,984.00 $9,111.00 $9,111.00
19 USED 40' Container, 2 Roll Up Doors on one of the long sides of container (8'W x 7'4"H) EA 1 $7,984.00 $7,984.00 $9,111.00 $9,111.00
20 USED 40' Container with Cargo Doors, 4 doors total, 2 doors that swing out of each short side of container EA 1 $0.00 $0.00 $9,082.00 $9,082.00 Subtotal $0.00 $78,617.00 $94,595.00
Note: A fourth bid was received from Sun Pac Storage containers, which was deemed non-responsive because a required Attachment form was not included. Individual company quotesheets were provided in lieu of Attachment A.

Southwest Mobile Storage
Phoenix, AZ
City of Santa Ana IFB 23-103
Bid Results for Project Storage Containers
Bid Due on July 27, 2023 2:00 PM (PDT)
Transport Products Unlimited
Vallejo, CA
Bizon Group, Inc
Lathrop, CA
EXHIBIT 1

City Council
20 –
3 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Purchase of 16 BMW Motorcycles for the Police Department; Appropriation Adjustment for Future Vehicle Purchases

AGENDA TITLE
Award a Purchase Order to Seavco Inc. dba Irv Seaver Motorcycles for Sixteen BMW Motorcycles in an Amount Not to Exceed $484,806 (Specification No. 23-148); Appropriation Adjustment for Future Vehicle Purchases (Non-General Fund)

RECOMMENDED ACTION

1.Approve an appropriation adjustment recognizing $1,235,687 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY 2023-2024 replacement vehicle expenditures. (Requires five affirmative votes)

2.Authorize a one-time purchase and payment of purchase order to Seavco Inc. dba Irv Seaver Motorcycles for sixteen BMW R 1250 RT-P Motorcycles, in the amount of $479,806, plus a contingency amount of $5,000, for a total amount not to exceed $484,806, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. With the assistance of the Fleet Services Team, the Santa Ana Police Department (SAPD) have identified vehicles that require replacement. SAPD has a fleet of 245 vehicles, 25 of which these vehicles are BMW motorcycles assigned to the Traffic Division of the Field Operations Bureau. SAPD uses BMW motorcycles as the standard for traffic enforcement services.

The City's Vehicle Replacement Policy provides guidelines and criteria for determining when a vehicle needs replacement. The Equipment Lifecycle Guidelines include the replacement of all police traffic motorcycles every three years or every 60,000 miles.

This recommended replacement schedule is based on criteria such as vehicle age,

City Council
21 –
1 11/7/2023

Purchase of 16 BMW Motorcycles for the Police Department; Appropriation Adjustment for Future Vehicle Purchases
November 7, 2023

3 8
2 0
mileage, maintenance costs, and safety history. Based on this criteria, sixteen older motorcycles have been identified for replacement.

The Invitation for Bids (IFB) No. 23-148 was advertised on August 25, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:
184 Vendors notified
23 Santa Ana vendors notified
10 Vendors downloaded the bid packet
2 Bids received
0 Bids received from Santa Ana vendors
Bids were solicited, opened on September 12, 2023, and evaluated (Exhibit 1). Two bids were submitted by the IFB deadline. The bids submitted by Seavco Inc. dba Irv Seaver Motorcycles and RCA Investments dba Long Beach BMW Motorcycles were deemed responsive and met IFB specifications. The bid submitted by Irv Seaver Motorcycles was determined to be the lowest, responsible bid, responsive to the specifications, and meets the City’s requirements.

Staff recommends awarding the purchase order for sixteen BMW R 1250 RT-P Motorcycles to Seavco Inc. dba Irv Seaver Motorcycles.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, $1,235,687 will be recognized in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account (No. 07017002-50001) and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account (No. 07017100-66400). The following table summarizes expenditures for this item and future FY 23-24 vehicle replacement expenditures. Proposed contracts for each of the future purchases will be brought to City Council for consideration on future agendas.

No. of
Vehicles Department/Vehicle Type Amount
16 Police Department - BMW Motorcycles $484,806
1 Police Department CSI - Chevrolet Truck $217,553
1 Planning & Building Animal Control - Chevrolet Truck $132,328 1 Public Works Sewer Services - Chevrolet Truck $191,000 1 Public Works Water Meter - Chevrolet Truck $120,000
2 Public Works Water Resources - Chevrolet Equinox $90,000 Total Appropriation Adjustment: $1,235,687

City Council
21 –
2 11/7/2023

Purchase of 16 BMW Motorcycles for the Police Department; Appropriation Adjustment for Future Vehicle Purchases
November 7, 2023

3 8
2 0

Funding is available in the FY 23-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
Appropriation Adjustment
FY 23-24 07017100-
66400
Equipment
Replacement
Equipment Replacement,
Machinery and
Equipment
$484,806
FY 24-25 07017100-
66400
Equipment
Replacement
Equipment Replacement,
Machinery and
Equipment
$750,881
TOTAL $1,235,687

EXHIBIT(S)

1. Abstract of Bids
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
21 –
3 11/7/2023

BIDDER LOCATION TOTAL
Seavco Inc. dba Irv Seaver
Motorcycles Orange, CA 479,805.44$
RCA Investments dba Long
Beach BMW Motorcycles Long Beach, CA 491,271.52$
BMW POLICE MOTORCYCLES (23-148)

ABSTRACT OF BIDS
EXHIBIT 1

City Council
21 –
4 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Purchase of Ten Chevrolet Vehicles for Various City Departments

AGENDA TITLE
Award Purchase Orders to Guaranty Chevrolet Motors, Inc. of Santa Ana and Penske Chevrolet of Cerritos in an Aggregate Amount Not to Exceed $706,035 (Specification No. 23-149) (General Fund and Non-General Fund)

RECOMMENDED ACTION

1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for three Chevrolet Silverado 2500HD and one Chevrolet Silverado 1500 trucks, in the amount of $388,202, plus a contingency amount of $20,000, for a total amount not to exceed $408,202, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for six Chevrolet Colorado trucks, in the amount of $277,833, plus a contingency amount of $20,000, for a total amount not to exceed $297,833, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. With the assistance of the Fleet Services Team, various City agencies have identified a need for additional vehicles and/or vehicle replacements as follows:
•Two Chevrolet Silverado 2500HD for the Police Department (PD) Crime Scene Investigations (CSI)
•One Chevrolet Silverado 2500HD for the Planning & Building Agency (PBA) Animal Control
•One Chevrolet Silverado 1500 for PWA Refuse Enterprise •Four Chevrolet Colorado Trucks for PWA Capital Improvement Program (CIP) •One Chevrolet Colorado Truck for PWA Park Maintenance
•One Chevrolet Colorado Truck for the Community Development Agency (CDA)

City Council
22 –
1 11/7/2023

Purchase of Ten Chevrolet Vehicles for Various Departments November 7, 2023

3 8
2 6
The Invitation for Bids (IFB) No. 23-149 was advertised on August 28, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:
295 Vendors notified
1 Santa Ana vendors notified
8 Vendors downloaded the bid packet
2 Bids received
1 Bids received from Santa Ana vendors
Bids were solicited, opened on September 12, 2023, and evaluated (Exhibit 1). Two bids were submitted by the IFB deadline. Guaranty Chevrolet Motors, Inc. only submitted bid pricing for Chevrolet Silverado 1500 and 2500HD Trucks, and Penske Chevrolet of Cerritos only submitted bid pricing for Chevrolet Colorado Trucks. The bids submitted by both bidders were determined to be the lowest responsible bids, were responsive to the specifications for the vehicles for which they each submitted bids, and meet the City’s requirements.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 07017100-
66400
Equipment
Replacement
Equipment Replacement,
Machinery and Equipment $354,881
FY 23-24 06917640-
66400
Refuse
Collection
Service
Refuse Collection Service,
Machinery & Equipment $53,321
FY 23-24 01117611-
66410
General
Fund
Construction Engineering,
Vehicle Purchase $191,721
FY 23-24 01117651-
66400
General
Fund
Park Maintenance Service
Enhancement, Machinery
& Equipment
$50,431
FY 23-24 02718131-
66400
Parking
Fund
Parking Meter, Machinery
& Equipment $55,681
TOTAL $706,035

City Council
22 –
2 11/7/2023

Purchase of Ten Chevrolet Vehicles for Various Departments November 7, 2023

3 8
2 6

EXHIBIT(S)

1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
22 –
3 11/7/2023

BIDDER LOCATION TOTAL
Penske Chevrolet of Cerritos Cerritos, CA 188,073.10$
Guaranty Chevrolet Motors, Inc. Santa Ana, CA 388,200.53$ MULTIPLE CHEVROLET SILVERADO 1500, 2500 HD, AND COLORADO TRUCKS (23-149)

ABSTRACT OF BIDS
EXHIBIT 1

City Council
22 –
4 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Purchase of a Bobcat S66 Loader Vehicle with Trailer for the Public Works Maintenance Services Division

AGENDA TITLE
Award a Purchase Order to South Coast Bobcat for One Bobcat S66 Loader Vehicle with Trailer in an Amount Not to Exceed $128,968 (Specification No. 23-160) (Non- General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to South Coast Bobcat for one Bobcat S66 with Trailer, in the amount of $118,968, plus a contingency amount of $10,000, for a total amount not to exceed $128,968, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. With the assistance of the Fleet Services Team, the PWA Maintenance Services Division is requesting a new Bobcat S66 with Felling trailer.

The PWA Maintenance Services Division is responsible for maintaining approximately 400 miles of streets and 800 miles of sidewalks. As a part of its work equipment fleet, the Division requires a skid steer loader vehicle. The skid steer loader is a versatile and multi-functional all-purpose vehicle with a wide range of attachments that enables staff to carry out various tasks efficiently during their daily field operations. These tasks include moving and lifting heavy objects, such as tree limbs, tree trunks, and clearing away illegally dumped debris and rubbish. The compact size of the vehicle makes it suitable for use in tight locations that require nimble operation, such as narrow alleys and easements. Moreover, the vehicle is essential in emergency situations, such as responding to rain and windstorm events as well as after-hours emergency service calls, making it a vital asset for the City's emergency preparation efforts.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to South Coast Bobcat

City Council
23 –
1 11/7/2023

Purchase of a Bobcat S66 Loader Vehicle with Trailer
November 7, 2023

3 8
2 8
(Contract No. 040319-CEC) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Staff researched available procurement options and product offerings in the market, and determined that South Coast Bobcat of Orange, CA meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.

FISCAL IMPACT
Funding is available in the FY 23-24 budget. The following table summarizes the funds budgeted and available for expenditure.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 06817640-
66400
Sanitation
Fund
Public Works-
Environmental Sanitation,
Machinery & Equipment
$128,968
TOTAL $128,968

EXHIBIT(S)

1. Quote – South Coast Bobcat
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
23 –
2 11/7/2023

Product Quotation
Quotation Number: NC87779
Quote Sent Date: Sep 14, 2023
Expiration Date: Oct 14, 2023
Your Bobcat Contact
Nolan Clark
Phone:

E-mail: [email protected]
Your Customer Contact
____________________________________________________________________________________________________________ Deliver to
CITY OF SANTA ANA G900220
215 S CENTER ST
SANTA ANA, CA, 92703-4395
Bobcat Dealer
South Coast Bobcat, Orange, CA
1783 NORTH BATAVIA
ORANGE, CA, 92865-4103

DAN AREVALO
Bill To
CITY OF SANTA ANA 291604
Item Name Item Number Quantity
Price Each Total
S66 T4 Bobcat Skid Steer Loader M0347 1 41,880.96 41,880.96 Standard Equipment:

74.0 HP Tier 4 V2 Bobcat Engine
Auxiliary Hydraulics: Variable Flow
Backup Alarm
Bob-Tach
Bobcat Interlock Control System (BICS)
Controls: Bobcat Standard
Cylinder Cushioning - Lift, Tilt
Engine/Hydraulic Performance De-rate Protection
Glow Plugs (Automatically Activated)
Horn
Instrumentation: Standard 5" Display (Rear Camera Ready) with Keyless Start, Engine Temperature and Fuel Gauges, Hour meter, RPM and Warning Indicators. Includes maintenance interval notification, fault display, job codes, quick start, auto idle, and security lockouts.

Lift Arm Support
Lift Path: Vertical
Lights, Front & Rear LED
Operator Cab
Includes: Adjustable Vinyl Suspension Seat, Top and Rear Windows, Parking Brake, Seat Bar and Seat Belt
Roll Over Protective Structure (ROPS) meets SAE-J1040 and ISO 3471
Falling Object Protective Structure (FOPS) meets SAE-J1043 and ISO 3449, Level I; (Level II is available through Bobcat Parts)
Parking Brake: Wedge Brake System
Tires: 31x12x16.5, 10 PR, Super Float Tires
Two Speed Travel
Telematics - Machine IQ
Warranty: 2 years, or 2000 hours whichever occurs first Gold Package
Included: Gold Package:, Clear Side Auto
HVAC Cab, Integrated Bluetooth Radio,
Adjustable Heated Cloth Air Ride Seat,
Power Bob-Tach, 7" Touch Display,
Premium and Side Lights, Keyless Start,
Two-Speed Travel, 7-Pin Attachment
Control, Dual Direction Bucket Positioning,
Rear Camera, Sound Reduction, Ride
Control, 3yr Machine IQ Health & Security
Subscription, Reversing Fan, Auto Throttle
*Requires Selectable Joystick Controls
M0347-P11-C13 1
11,704.32 11,704.32
High-Flow Hydraulics M0347-R03-C03 1 1,652.40 1,652.40
EXHIBIT 1

City Council
23 –
3 11/7/2023

Selectable Joystick Controls M0347-R01-C04 1 583.92 583.92 74" Heavy Duty Bucket 7272680 1 1,414.36 1,414.36
HB980 Hydraulic Breaker with Nail
Point
7113421 1 8,411.68 8,411.68
Loader Mounting Frame 7113737 1 852.72 852.72
Special Applications Polycarbonate
Door and Window Kit
6719390 1 702.00 702.00
Hose Kit - Breakers - Ldr 7114764 1 259.92 259.92
18" Planer, High Flow M7018 1 14,475.72 14,475.72
Drum 18 Fastcut M7018-R01-C10 1 3,128.16 3,128.16
Sweeper Bucket 72" 7405171 1 5,381.56 5,381.56
Nozzle Spray Kit for Water Kit 7113709 1 432.51 432.51 R-Series Quick-Tach Water Kit 7434036 1 1,826.13 1,826.13 Total for S66 T4 Bobcat Skid Steer Loader 92,706.36
Quote Total - USD 92,706.36
Dealer P.D.I. 500.00
Freight Charges 1,050.00
Destination Charges 1,079.00
Dealer Assembly Charges 700.00
Charges
Trailer: Felling model FT12i 13,040.00
Sales total before Taxes 109,075.36
Taxes 9,892.54
Quote Total - USD 118,967.90

Comment:

*Plus applicable taxes. IF Tax Exempt, please include Tax Exempt Certificate with the order.

*Prices per the Sourcewell Contract #_040319-CEC.

*Sourcewell Member Number (if applicable): ____________

*All orders should include 1) Accounts Payable Contact and email address, 2) W9 with correct legal entity name, and 3) Bill to Address.

*Orders may be placed with the contract holder or authorized dealer as allowed by the terms and conditions of the contract. *A Copy of all orders must be provided to [email protected].

*Contact Holder Information: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. TID# 38-0425350.

*Payment Terms: Net 60 Days. Credit cards accepted.

*Remittance address: Clark Equipment Company d/b/a Bobcat Company, P. O. Box 74007382, Chicago, IL 60674-7382

*Questions can be submitted via email to [email protected] or by phone at: 1-800-965-4232

City Council
23 –
4 11/7/2023

Customer Acceptance:

Quotation Number: NC87779 Purchase Order:___________________________________

Authorized Signature:

Print:_______________________________ Sign:_____________________________________________________________

Date:_______________________________ Email:____________________________________________________________

Addresses:

Delivery Address:________________________________________________________________________________________

Billing Address (if different from ship to):_____________________________________________________________________

Tax Exempt: Y ▢ / N ▢

Exempt in the State of:______________________________________

Tax Exempt ID:

Federal:__________________________________________________

State:____________________________________________________

Expiration Date:___________________________________________

City Council
23 –
5 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Glenwood Place Water Improvements

AGENDA TITLE
Approve Additional Contingency Funds in the Amount of $310,000 for an Existing Construction Contract with Vido Samarzich, Inc., and Additional Contract Administration, Inspection and Testing in the Amount of $40,000 with an Estimated Project Delivery Cost of $1,650,000 for the Glenwood Place Water Improvements Project (Project No. 23-6476) (Non-General Fund)

RECOMMENDED ACTION
Approve an amendment to the Project Cost Analysis in the amount of $350,000 (previously-approved transfer of funds for the Main Street Slurry Project No. 20-6959) for $310,000 in additional contingency funds and $40,000 in additional contract administration, inspection, and testing, for a new estimated total construction delivery cost of $1,650,000, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On May 2, 2023, the City Council authorized the award of a construction contract to Vido Samarzich, Inc. to replace the existing water main on Glenwood Place (Exhibit 1).

The project is currently under construction and additional street improvements have been identified that surpass the existing contingency of $174,777. To capitalize on the favorable pricing of the existing contract with Vido Samarzich, Inc., Staff recommends increasing the project contingency by $310,000 and the contract administration, inspection, and testing funds by $40,000 to complete the water main replacement project.

The recommended action will increase the project contingency and contract administration, inspection, and testing by $350,000, thereby increasing the total estimated construction delivery cost to $1,650,000, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below:

Project Item Current Total Additional
Funding New Total
Construction Contract Bid Amount $978,455 $978,455

City Council
24 –
1 11/7/2023

Glenwood Place Water Improvements
November 7, 2022

3 8
3 0
Project Item Current Total Additional
Funding New Total
Construction Administration, Inspection,
Testing $146,768 $40,000 $186,768
Contingencies $174,777 $310,000 $484,777

TOTAL ESTIMATED CONSTRUCTION
DELIVERY COST $1,300,000 $350,000 $1,650,000

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,650,000, which includes the construction contract, contract administration, inspection, testing, and an authorized contingency. Funds for this action, in the amount of $350,000, have been transferred from previously-approved funds for the Main Street Slurry (Project No. 20-6959).

The following table summarizes the funds budgeted and available in current FY 23-24 for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 24-25.

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

Description
Amount
Existing Project Budget
2023-24 06617647-66301
(23-6476)
Acquisition &
Construction
Water Utility Capital
Projects, Water Capital
Project
$1,300,000
Additional Funding
2023-24
03217662-66220
(from 20-6959 to
23-6476)
Measure M-
Street
Construction
Fund
Measure M2 Local
Fairshare,
Improvements Other
Than Building
$350,000
Total $1,650,000

EXHIBIT(S)

1. Location Map

2. Cost Analysis

City Council
24 –
2 11/7/2023

Glenwood Place Water Improvements
November 7, 2022

3 8
3 0
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
24 –
3 11/7/2023

EXHIBIT 1

City Council
24 –
4 11/7/2023

EXHIBIT 2

COST ANALYSIS
CONSTRUCTION PROJECT NO. 23-6476: Glenwood Place Water
Improvements
Construction Contract $ 978,455.00
Contract Administration, Inspection and Testing $ 186,768.00 Contingencies $ 484,777.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,650,000.00

City Council
24 –
5 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: North East Annexation Water & Sewer Main Improvements

AGENDA TITLE
Award a Construction Contract to Dominguez General Engineering, Inc. in the Amount of $2,133,362 for the North East Annexation Water & Sewer Main Improvements, with an Estimated Project Delivery Cost of $2,986,706 (Project Nos. 21-6453, 21-6619 & 24- 6710) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing prior year fund balance of $711,814 in the Select Street Construction, Prior Year Carry Forward revenue account and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expenditure account for current year expenditures. (Requires five affirmative votes)

2. Approve an appropriation adjustment accepting California State Water Resources Control Board’s Drinking Water State Revolving Fund loan funds in the amount of $1,529,220 into the Sanitary Sewer Capital Recovery Charges, Financing Proceeds revenue account and appropriate the same amount to the Sanitary Sewer Capital Recovery Charges, Improvements Other Than Building expenditure account for current year expenditures. (Requires five affirmative votes)

3. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $711,814 and $1,529,220 in construction funds for the North East Annexation Water & Sewer Main Improvements Project.

4. Award a construction contract to Dominguez General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,133,362, subject to change orders (not-to-exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the North East Annexation Water & Sewer Main Improvements Project, for a term beginning November 7, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non- substantive changes approved by the City Manager and the City Attorney.

City Council
25 –
1 11/7/2023

North East Annexation Water & Sewer Improvements
November 7, 2023

3 8
1 6

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,986,706 which includes $2,133,362 for the construction contract, $320,004 for contract administration, inspection, and testing, and a $533,340 project contingency for unanticipated or unforeseen work.

6. Determine that in accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared for the project and was filed with document number 202385000522.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The previously unincorporated area located northeast (annexed area) of the intersection of 17th Street and Tustin Avenue was approved for annexation by City Council at its June 5, 2018 meeting and has since become part of the City of Santa Ana (Exhibit 1).

The Public Works Agency Water Resources Division currently provides sanitary sewer service to some of the parcels with the annexed area, but many of the parcels are on septic systems. Additionally, the City of Tustin provides water to all the parcels on the annexed area.

This project will expand the water and sewer system in the public right of way to provide Santa Ana water and sewer services to the annexed area. The improvements include a new polyvinyl chloride (PVC) water main, fire hydrants, water services, new PVC sewer main, sewer laterals, appurtenances, asphalt concrete pavement, street lights, speed cushions, and sidewalk improvements.

Project Funding
As part of a continual effort to maintain fiscal responsibility, staff has sought additional funding sources to complete the project. In 2023, the City entered into a low-interest loan agreement with the California State Water Resources Control Board under their Drinking Water State Revolving Fund for $1,529,220 of additional funds.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 10, and June 16, 2023.

The project was also advertised on PlanetBids, and were received electronically on August 8, 2023.

The City notified a total of 90 regional vendors via PlanetBids, five (5) of which are Santa Ana based. Eighty-six (86) vendors requested bidding documents. A total of eleven (11) bids were received. However, no bids were received from Santa Ana contractors.

City Council
25 –
2 11/7/2023

North East Annexation Water & Sewer Improvements
November 7, 2023

3 8
1 6
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Dominguez General Engineering Inc. Pomona, CA $2,133,362 2 CEM Construction Corp Montebello, CA $2,166,879
3 Big Ben Inc. Irvine, CA $2,490,807
4 Vasilij Inc. Irwindale, CA $2,497,508
5 Ramona Inc. Arcadia, CA $2,887,829
6 Colich & Sons L.P. Gardena, CA $3,356,288
7 Kordich Construction Inc. Cypress, CA $3,614,148
8 Mike Bubalo Construction Co., Inc. Baldwin Park, CA $4,067,887 9 Griffith Company Brea, CA $4,161,671
10 Excel Paving Co. Long Beach, CA $4,254,341
11 SRK Engineering Escondido, CA $4,691,667
Dominguez General Engineering, Inc. submitted the lowest responsive base bid, in the amount of $2,133,362 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Dominguez General Engineering, Inc., in the amount of the base bid totaling $2,133,362 (Exhibit 3).

Dominguez General Engineering, Inc. has not performed as a prime contractor in the City of Santa Ana within the past five years. A reference check was made and good reviews were received from other public agencies regarding quality of work performed by Dominguez General Engineering, Inc.

Project Delivery
To deliver a complete project, in addition to the construction contract bid amount, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,986,706.

City Council
25 –
3 11/7/2023

North East Annexation Water & Sewer Improvements
November 7, 2023

3 8
1 6
Project Item Total
Construction Contract Bid Amount $2,133,362
Construction Administration, Inspection, Testing $320,004 Contract Contingencies $533,340
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,986,706

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration was prepared for the project and was filed with the document number 202385000522.

FISCAL IMPACT
Project Nos. 21-6453, 21-6619, and 24-6710 are the numbers assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,986,706 which includes the construction contract, contract administration, inspection, testing, and project contingency.

The proposed contract enables staff to authorize a change order (not-to-exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public Works Construction, if necessary, for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations.

The approval of the requested appropriation adjustments will complete the funding needed to deliver the project.

1. Approve an appropriation adjustment recognizing prior year fund balance of $711,814 in the Select Street Construction, Prior Year Carry Forward revenue account (No. 05917002-50001) and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expenditure account (No. 05917660-66220).

2. Approve an appropriation adjustment accepting California State Water Resources Control Board’s Drinking Water State Revolving Fund loan funds in the amount of $1,529,220 into the Sanitary Sewer Capital Recovery Charges, Financing Proceeds revenue account (No. 05417002-59301) and appropriating the same amount to the Sanitary Sewer Capital Recovery Charges, Improvements Other Than Building expenditure account (No. 05417647-66220) (Exhibit 5).

The following table summarizes the funds budgeted and available in current FY 23-24 for expenditure to deliver construction of this project. Any remaining balances not

City Council
25 –
4 11/7/2023

North East Annexation Water & Sewer Improvements
November 7, 2023

3 8
1 6
expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 24-25.

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

Description
Amount
Appropriation Adjustment
2023-24 05917660-66220
(24-6710)
Select Street
Construction
Select Street
Construction,
Improvements Other
Than Buildings
$711,814
2023-24 05417647-66220
(21-6619)
Sanitary
Sewer
Capital
Sewer Connection
Projects, Improvements
Other Than Buildings
$1,529,220
Existing Project Budget
2023-24 06617647-66301
(21-6453)
Acquisition &
Construction
Water Utility Capital
Projects, Water Capital
Project
$745,672
Total $2,986,706

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager

City Council
25 –
5 11/7/2023

City Council
25 –
6 11/7/2023

CITY OF SANTA ANA

PROPOSAL
ADDENDUM NO. FOUR
PROJECT NO.: 21-6453 & 21-6619

NE ANNEXATION WATER & SEWER IMPROVEMENTS

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: TioM,"'51.(.:1...- C,.(_,,.,._.L.,..,J. S�: r--t.i..--: ... j --:r-..-u: .

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:

Item Description Qty Unit
1 Mobilize/Demobilize (Max 5% of I LS
total bid)
2 Traffic Control l LS
Signing and Striping l LS
4 Construction Pennit 1 LS
5 Install Speed Cushions at Deodar St l LS
Between A val on Ave and I 7th St
*6 Cold Mill (2") 68,387 SF
*7 Asphalt Rubber Hot Mix (ARHM) 826 TN
*8 PCC Sidewalk (T=4") per City Std. 2,493 SF
1104
*9 PCC Driveway Approach (T =6") 1,988 SF
per City Std. 1112
*IO PCC Curb & Gutter (A-2-6) per 1,281 LF
City Std. 1101
11 Adjust Water Valve Frame & Cover 11 EA
12 Adjust Manhole Frame & Cove.r 8 EA
13 6" DR-14 PVC Water Main per 5 LF
detail on plans
P-1 ofP-17
Unit Price
$
10\000
$
�f\000
$
;,..01 ooo
$6,000
$
�looo
$ •'
\-
$
t70
$
)--�
$
��
$
l\0
$
{S-Oo
$
�'-='O
$
SOQ
Amount
$101000
$
'?vl oo o
;}-OO'CD�
$6,000
$
¢0 oO D�
$

1.!,8 � g--,
$
IL\() 42--D
I
bJ.., 3.:i-s-
$be,, s-&-0
S:-1 1 ct-YD
$
$
!lo, r-o b
H,, oo o
;;>.- S°'Dc)

City Council
25 –
7 11/7/2023

City Council
25 –
8 11/7/2023

City Council
25 –
9 11/7/2023

City Council
25 –
10 11/7/2023

City Council
25 –
11 11/7/2023

City Council
25 –
12 11/7/2023

City Council
25 –
13 11/7/2023

City Council
25 –
14 11/7/2023

City Council
25 –
15 11/7/2023

EXHIBIT 4
Construction Contract 2,133,362.00$
Contract Administration, Inspection and Testing 320,004.00$ Contingencies 533,340.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 2,986,706.00$
Prog Pay
Const Eng
Des Eng
Conting
TOTAL

EXISTING MISSING BUDGET
Phase
Prog Pay
Const Eng
Des Eng
Conting
TOTAL

TRANSFER PROG PAY & CONTING FROM MEMORIAL TO CAMPESINO
Phase
CONSTRUCTION OF PROJECT NOS. 21-6453 & 21-6619: NE Annexation Water & Sewer Improvements

COST ANALYSIS

City Council
25 –
16 11/7/2023

EXHIBIT 5
47 City Council
25 –
17 11/7/2023

Public Works Agency
https://www.santa-ana.org/pw
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Municipal Facilities License Agreement with T-Mobile West LLC

AGENDA TITLE
Approve Municipal Facilities License Agreement with T-Mobile West LLC

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with T-Mobile West LLC for the use of certain City facilities for a ten-year period, with provisions for two automatic five- year extensions, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In response to telecommunications advancements and increased consumer demand for network data capacity, wireless providers have increasingly sought to place small cell antennas and equipment on existing infrastructure located within the public right-of-way.

Typically, a small cell antenna is attached to a streetlight or utility pole, or placed mid- span on wires between utility poles. Wireless providers place these small cells in locations that are densely populated in order to provide additional network capacity, such as in downtown areas and around heavily used traffic corridors. The small cell antennas are also deployed in areas that cannot be effectively served by a traditional macro cell.

T-Mobile West LLC seeks to enter into an agreement (Exhibit 1) with the City for the installation of small cell antennas on City-owned street lights. This will increase network and data capacity for their subscribers in the areas surrounding the antennas.

The agreement applies only to wireless telecommunications installations on City facilities in the public right-of-way. Installations on City facilities not in the public right-of- way (such as cell antennas placed on water facilities or within parks, etc.), will continue to require separate agreements.

An application fee of $1,877 will be collected for each City-owned facility licensed under this agreement during FY 2023-24, after which the fee will be applied based on the City Council-adopted Miscellaneous Fee Schedule for future fiscal years.

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Approve Municipal Facilities License Agreement with T-Mobile West LLC November 7, 2023

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FISCAL IMPACT
Revenues from the agreement will be deposited in the Public Works revenue account (no. 01117002-53740) and will be budgeted for expenditure in future fiscal years.

EXHIBIT(S)

1. Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven Mendoza, Acting City Manager

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MUNICIPAL FACILITIES LICENSE AGREEMENT

CITY OF SANTA ANA
November__, 2023
_
___________________
Nabil Saba, PE
Executive Director
Public Works Agency
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TABLE OF CONTENTS
RE
CITALS……………………………….………………………………………………….……3
AGREEMENT …...…...………..………………….…………………………………………...…3
DEFINITIONS……………………….……………………………………………………3
TERM; SUPPLEMENT TERM………………………………………….......……...……4
REPRESENTATION CONCERNING SERVICES; TERMINATION
WITHOUT CAUSE…………………….…………………………………………………5
SCOPE OF AGREEMENT…………………………………………………..………...…5
COMPENSATION…………………………………………………………..….……...…7
CONSTRUCTION……………………………………...………………………….…...…9
INDEMNIFICATION AND WAIVER………………………………...……………..…14
PERFORMANCE BOND…………….…………………………………………….……15
INSURANCE…………………………………………………………….………………16
NOTICES…………………………………..………………………………………….…17
DEFAULT; CURE; REMEDIES………………………...……………...………………17
ASSIGNMENT AND CUSTOMER EQUIPMENT………………………………….…18
RECORDS; AUDITS……………………………..……….………………………….…19
MISCELLANEOUS PROVISIONS ………………………………………………..…...19
EXHIBITS…………………………………………………………………………………..A & B
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MUNICIPAL FACILITIES LICENSE AGREEMENT
THIS MUNICIPAL FACILITI ES LICENSE AGREEMENT (the “Agreement”) is d ated as of November___, 2023 (the date fully executed by all parties, referred to herein as “Effective Date”), and entered into by and between the City of Santa Ana, a California municip al corporation (the “Licensor”), and T-Mobile West LLC, a Delaware limited liability company (“Licensee”).

Recitals
A. WHEREAS, the Licenso r is th e owner of certain Municipal Facilities (as defined in Section 1.7, below) located in th e Public Rights-of-Way (as defined in Section 1.5 below) of the City of Santa Ana, California (“City”); and
B. WHEREAS, Licensee is authorized to conduct business as a telephone corporation or wireless carrier in the State of California; and
C. WHEREAS, Licensee desires to use space o n certain of the Licensor’s Municipal Facilities in the Public Rights-o f-Way for construction, operation and maintenance of its Equipment (as defined in Section 1.1, below); and
D. WHEREAS, Licen sor is willing to allow Licensee to use and physically occupy portions of the Municipal Facilities for its Equipment in the Public Rights-o f-Way subject to the terms and conditions of this Agreement.

Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:

1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Agreement:

1.1 “Equipment” means the antennas, equipment, utilities and fiber optic cables, wires, and related equipment, wh ether referred to indiv idually or collectively , to b e installed on a Municipal Facility a nd operated by Licensee under a particular Supplement.

1.2 “Hazardous Substance” means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law o r regulation, including, but not limited to, petroleum products and asbestos.

1.3 “Services” means the transmission and reception of communications signals for the provision of personal wireless services, telecommunications services and mobile data services as defined in federal law, but specifically excluding cable ser vices and/or video services as defined by the Digital Infrastructure and Video Competition Act (as codif ied in Public Utilities Co de section 5800 et seq.).

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1.4 “Laws” means any and all applicable statu tes, codes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or other requirements of the Licensor or other governmental agency having joint or several jurisdiction over the parties to this Agreement as such laws may be amended from time to time.

1.5 “Public Right(s)-of-Way” or “ROW” has the same meaning as Section 33-231(q) of the Santa Ana Municipal Code.

1.6 “Make-Ready Work” means the work required on or in a Municipal Facility to create space for the Equipment, and/or replacing and/or reinforcing the existing Municipal Facility to accommodate Equipment including, but not limited to, rearrangement or transfer of existing equipment and the facilities of other entities, and Municipal Facility relocation and replacement.

1.7 “Municipal Facility(ies)” means Licensor-owned property in the ROW, including street lights (excluding double and single king poles) , traffic control structures (excluding traffic signal poles), banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW , and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term includes Replacement Facilities referred to in Section 4.1.3.

1.8 “Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

1.9 “PUC” means the California Public Utilities Commission.

1.10 “License Fee” and “Alternate License Fee” have the meanings assigned to them in Section 5 of this Agreement.

1.11 “Transfer” means any transaction in which the rights and/or obligations held by Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or in part to a party other than Licensee.

1.12 “Supplement” shall mean each separate authorization, granted by Licensor to Licensee with regard to a specific Equipment installation, the form of which is attached hereto as Exhibit A, which shall be subject to the terms and conditions of this Agreement.

2. TERM; SUPPLEMENT TERM.

2.1 Term. The initial term of this Agreement shall be for a per iod of ten (10) years (the “ Initial Term ”), commencing on the Effective Date and ending on the day immediately preceding the tenth (10th) anniversary thereof, unless sooner terminated as stated herein. Provided that Licensee is not in default of the Agree ment or any Supplement following written notice and the expiration of any applicable cure period, this Agreement shall be automatically renewed for two (2) successive five (5) year renewal terms (each, a “Renewal Term”), unless either party gives the other party written notice of the intent not to renew this Agreement not more than twelve (12) and not less than ten (10) months prior to the expiration of the Initial Term or any Renewal Term, as applicable. The Initial Term and all Renewal Terms shall be coll ectively referred to herein as DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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the “Term.” Any holding over after the termination or expiration of the Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee.

2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term for each particular Supplement shall begin on its effective date (“ Supplement Effective Date”) and shall end upon the expiration of the Initial Term, or the Renewal Term, if validly exercised, of this Agreement, unless such individual Supplement is earlier terminated or this Agreement is extended or terminated, as provided for herein (the “ Supplement Term”). All of the provisions of this Agreement shall be in effect during the Supplement Ter m. The expiration or termination of the Agreement under Section 2.1 shall immediately terminate all Supplements. Any holding over after the expiration of the Supplement Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee.

3. REPRESENTATION CONCERNING SERVICES; TERMINATION WITHOUT CAUSE. Licensee represents, warrants and covenants that its Equipment installed pursuant to this Agreement and each Supplement will be utilized solely for providing the Services, and Licensee is not authorized to and shall not use its Equipment to offer or provide any other services not specified herein without Licensor consent . At any time that Licensee ceases to operate as a provider of Services under Federal or State Law, the Licensor shall have the option, in its sole discretion and upon six (6) months’ written notice to Licensee, to terminate this Agreement and to require the removal of Licensee’s Equipment from the ROW and from Municipal Facilities, including the cost of any site remediation, at no cost to the Licensor, without any liability to Licensee related directly or indirectly to such termination.

4. S
COPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall be exercised at Licensee’s sole cost and expense, and shall be subject to the restrictions and conditions set forth herein.

4.1 Attachment to Municipal Facilities. Subject to the conditions herein, the Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal Facilities located in the ROW for the purpose of providing Services.

4.1.1 Licensee will submit to the authorized representative of the Licensor an application substantially in the form of Exhibit B (“Application”) hereto including a proposed design for any proposed Equipment installations that identifies both the Equipment and the Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility.

4.1.2 Licensor may approve, approve with conditions, or disapprove an Application in its sole discretion , provided however, Licensor shall not unreasonably delay its decision. Any approved Equipment shall be included as part of the applicable Supplement.

4.1.3 If Licensee submits an Application to use a Municip al Facility that is structurally inadequate to accommodate its proposed Equipment, Licensor may permit the replacement of the Municipal Facility (a “Replacement Facility”) with one that is acceptable to DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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and approved by the Licensor as part of the applicabl e Supplement. Any Replacement Facility shall be installed, maintained, repaired, and/or replaced in accordance with Section 6 of this Agreement.

4.1.4 Unmetered electricity unless otherwise approved. Licensee shall be solely responsible for obtaining and maintaining the provision of electricity to the Equipment, including, but not limited to, making payments to electric utilities and installation of separate electric meters, if necessary. Licensee sha ll secure unmetered electricity services and shall not incorporate a meter box in its Equipment design unless otherwise approved by the Director of Public Works or required by the servicing utility company.

4.2 Additional Authority . Nothing in this Agreement shall limit in any way Licensee’s obligation to obtain any additional required regulatory approvals from any City department, board or commission or other governmental agency that has regulatory authority over the Licensee’s proposed activities involving use of the Municipal Facilities in the ROW.

4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of the Municipal Facilities is to serve the Licensor and the public. Licensee in the performance and exercise of its rights and obligations under this Agreement shall not interfere in any manner with Licensor’s own service s or the existence and operation of any and all Public Rights -of-Way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable L aws or this Agreement. If such interference should occur, Licensee shall discontinue using the Equipment, methodology or technology that causes the interference until such time as Licensee takes corrective measures to eliminate such interference. In the event that such interference does not cease promptly, Licensee acknowledges that continuing interference may cause irreparable injury and harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, Licensor shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection. Notwithstanding the foregoing, Licensor agrees to work in good faith with Licensee to resolve any interference to or by Licensee.

4.4 Permits; Default. In addition to any other remedies available hereunder, whenever Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable cure periods, Licensor may deny further encroachment, excavation or similar permits for work in connection with installations under this Agreement until such time as Licensee cures all of its defaults.

4.5 Compliance with Laws. Licensee shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Agreement.

4.6 Non-Exclusive Use Rights. Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement shall be non -exclusive, and shall be subject and subordinate to (1) the continuing right of the Licensor to use, and to allow any other Person or Persons to use, any and all parts of the ROW or DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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Municipal Facilities, exclusively or concurrently with any other Person or Persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title (collectively, “Encumbrances”) which may affect the ROW or Municipal Facilities now or at any time during the Term of this Agreement, including, without limitation any Encumbrances granted, created or allowed by the Licensor at any time.

4.7 In any situation where Licensee has a choice of attaching its equipment to either Municipal Facilities or third -party-owned poles in the public rights -of-way, Licensee shall use good faith efforts to attach to Municipal Facilities, provided that the Municipal Facility in question is substantially similar to third-party owned poles (i.e., it provides the same functionality, fulfills the same need and can be made available within the same time frame) and the total cost of installing and maintaining the Equipment on the Municipal Facility in question is the same or less than on the available alternative third-party owned pole.

5. COMPENSATION. Licensee shall be solely responsible for the payment of all fees in connection with Licensee’s performance under this Agreement, including those set forth below.

5.1 Application Fee. Each application for a Supplement shall be accompanied by a non-refundable application fee (“ Application Fee ”) in the amount fixed by Licensor’s Miscellaneous Fees Schedule that is in effect at the time the application for a Supplement is made to Licensor.

5.2 License Fees.

5.2.1 Licensee acknowledges that the FCC has adopted a Declaratory Ruling (FCC 18-133) that relates to the compensation which went into effect on January 14, 2019 but that Declaratory Ruling is currently the subject of litigation. Paragraphs 5.2.2, 5.2.3 and 5.2.4 govern the payment of compensation and how it may be impacted by the Declaratory Ruling and the resolution of related litigation during the Initial Term and any Renewal Terms.

5.2.2 During any period in which the FCC Declaratory Ruling (FCC 18- 133) is in effect and during any period in which the Alternate License Fee provisions in paragraph 5.2.3 are not applicable, the Licensee shall pay a License Fee as described in this paragraph. Licensee shall pay to the Licensor the base amount of two hundred and seventy dollars ($270.00) per year for each location covered by a Supplement (“License Fee”). The base amount of the License Fee under all Supplements shall be subject to an annual adjustment of three percent (3%) applied on each anniversary of the Effective Date. Any new Supplements entered into during a given year shall commence at the License Fee, as adjusted by this Section to r eflect the then -current rate. There shall be no refunds of License Fees paid due to the termination or expiration of the Agreement for any reason.

5.2.3 Alternate License Fee. In the event the relevant provisions of the FCC Declaratory Ruling cease to be effective, (for example, because they are stayed after having gone into effect, or they are vacated or invalidated and have not been replaced by the FCC with an alternative provision setting a specific amount as License Fee), the Licensee shall automatically and immediately be obligated to pay the Alternate License Fee as described in this paragraph and DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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paragraph 5.2.4, if applicable. For each location covered by a Supplement, Licensee shall pay to the Licensor an Alternate License Fee in the base amount of one thousand five hundred dollars ($1,500) per year (“Alternate License Fee”). The base amount of the Alternate License Fee shall be subject to an annual adjustment of three percent ( 3%) applied on each ann iversary of the Effective Date. There shall be no refunds of Alternate License Fee paid due to the termination or expiration of the Agreement for any reason.

5.2.4 The Licensor agrees that irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18 -133) cease to be effective, no Alternate License Fee shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling were in effect. However, if Licensee has paid License Fee pursuant to the provisions of Section 5.2.2 above for a year, and the relevant provisions of the FCC Declaratory Ruling subsequently cease to be effective during the same year, the Licensee shall pay the difference between the License Fee and the Alternate License Fee for the period from the date the relevant provisions of the FCC Declaratory Ruling ceased to be effective, until the next anniversary of the Effective Date of this Agreement (“License Fee Adjustment”). Such License Fee Adjustment shall be paid to Licensor on the next anniversary of the Effective Date of this Agreement.

5.3 Payment.

5.3.1 Licensee shall make the first payment of License Fee (or Alternate License Fee, if applicable) under any Supplement within forty-five (45) days of the Supplement Effective Date. The amount of the first payment of License Fee (or Alternate License Fee, if applicable) for any Supplement shall be prorated to cover the period from the Supplement Effective Date of the applicable Supplement to the next anniversary of the Effective Date of this Agreement. Thereafter, License Fee (or Alternate License Fee, if applicable) shall be paid in advance for each Municipal Facility used on or before each anniversary of the Effective Date. Acceptance by Licensor of any payment of the License Fee (or Alternate License Fee, if applicable) shall not be deemed a waiver by Licensor of any breach of this Agreement occurring prior thereto, nor will the acceptance by Licensor of any such payment preclude Licensor from later establishing that a greater amount was actually due or from collecting any balance that is due. As a prerequisite to the payment of License Fee (or Alternate License Fee, if applicable), Licensor hereby agrees to provide to Licensee certain documentation (the “ License Documentation ”) evidencing Licensor’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to Licensee, for any party to whom License Fee payments are to be made pursuant to this Agreement; and (ii) other documentation requested by Licensee in Licensee’s reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from Licensee, Licensor agrees to provide updated License Documentation in a form reasonably acceptable to Licensee.

5.3.2 The License Fee (or Alternate License Fee, if applicable) shall be paid by check made payable to the City and mailed or delivered to the City of Santa Ana, Public Works Agency – Construction & Facilities Management, P.O. Box 1988, M -22, Santa Ana, CA 92702.

The place and time of payment may be changed at any time by Licensor upon thirty (30) days’ written notice to Licensee. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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payment shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for late payment charges if payments are made by mail. Notwithstanding the foregoing, upon agreement of the parties, Licensee may pay the License Fee (or Alternate License Fee, if applicable) by electronic funds transfer and if agreed, the Licensor will provide to Licensee bank routing information for such purpose upon request of Licensee.

5.4 Delinquent Payment. A ten percent (10%) late fee shall be added to the License Fee (or Alternate License Fee, if applicable) if not received by Licensor within thirty (30) calendar days after the due date. In addition, all unpaid fee shall accrue interest on the amount due at the rate of ten percent (10%) per annum accruing as of the first day following the expiration of the foregoing 30-day period until paid in full. All l ate charges and interest payments shall become License Fee (or Alternate License Fee, if applicable) under this Agreement.

5.5 Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive, and does not preclude the Licensor from pursuing any other or additional remedies in the event that payments become overdue by more than 30 days.

6. C
ONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes related to the construction, installation, operation, maintenance, and control of Licensee’s Equipment installed on Municipal Facilities , including the installation of Replacement Facilities where authorized. Except as provided in Section 6.7, Licensee shall not attach, install, maintain, or operate any Equipment on Munici pal Facilities without the prior written approval of an authorized representative of the Licensor for each location as evidenced in a signed Supplement.

Licensee shall keep the Municipal Facilities free and clear from any liens arising out of any work performed, material furnished or obligations incurred by or for Licensee.

6.1 Installation and Operation. On a quarterly basis , Licensee must furnish to Licensor a current list and map that identifies the exact location of the Equipment in or on the Municipal Facility. That information must be provided in a format established by the Licensor and that is compatible with Licensor’s information technology, including but not limited to ESRI compatible GIS shapefiles.

6.2 Design Standards. The Equipment and any Replacemen t Facility shall comply with the standards and guidelines for wireless facilities in the public right -of-way established by the Director of Public Works pursuant to Section 33- 234 of the Santa Ana Municipal Code. All future Supplements , Supplement renewals, and modifications to existing Equipment shall be subject to such updated standards.

6.3 Obtaining Required Permits. Licensee acknowledges that in addition to a signed Supplement, each installation of Equipment and maintenance shall also be subject to then-current City permitting requirements as set out in the City’s Municipal Code. Licensee agrees to comply with the current applicable ordinances regarding such installations and maintenance as well as any future regulations that may be adopted by the City respecting such installations and maintenance.

Licensee shall apply for the appropriate permits and pay any standard and customary permit fees.

6.4 Make Ready

6.4.1 Make Ready Work and Costs.

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(a) Licensee shall bear responsibility for all Make -Ready Work. If Licensee or a Person other than Licensor or Licensee acting on Licensee’s behalf would have to rearrange or adjust any of its facilities in order to accommodate a new Equipment , Licensee shall be responsible, at Licensee’s sole expense, to coordinate such activity. Licensee shall be responsible for directly paying such other Person for its charges for the same. (b) The installation of Licensee’s Equipment shall be conditioned on the completion of all Make -Ready Work needed to establish full compliance with NESC, and with Licensor’s regulatory rules and engineering standards; provided, however, that Licensee shall not be responsible for any third -party or Licensor costs necessary to correct third party or Licensor attachments that are non-compliant at the time of Licensee’s Application. If Licensee is requested by another Person, in comparable circumstances, to relocate or adjust any Equipment to accommodate that Person’s facilities, subject to Licensor’s written approval of such relocation, Licensee shall reasonably cooperate with such request.

6.4.2 Notification of Completion of Installation . Within twenty (20) business days of completing the installation of Equipment on each Municipal Facility, Licensee shall notify Licensor of such completion.

6.5 Replacement Facilities

6.5.1 Ownership of Replacement Facilities
Licensor shall own any approved Replacement Facility. Where needed, Licensee shall cooperate with Licensor to transfer ownership and any associated manufacturers’ warranties of any Replacement Facility from Licensee to Licensor.

6.5.2 Replacement Facility Provision.

Licensee shall be responsible for providing and installing any approved Replacement Facility.

6.6 Damage, Maintenance & Repair.

6.6.1 Licensee shall, at its sole cost and expense and to the satisf action of the Licensor: (a) remove, repair or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or private, caused by Licensee, its agents, employe es or contractors in their actions relating to attachment, operation, repair or maintenance of Equipment. Licensee shall complete such removal, repair, or replacement within thirty (30) days of written notice, unless time is extended by Licensor in writing, in its discretion, because Licensee has demonstrated that more time is required for the repairs.

6.6.2 For every ten (10) Municipal Facilities in use by Licensee, Licensee shall provide Licensor one (1) Replacement Facility for storage by Licensee free of charge at Licensor’s facility, up to a maximum of five (5) Replacement Facilities (“Spare Facilities”). Licensee shall retrieve all Spare Facilities within sixty (60) days of the expiration or earlier termination of this Agreement.

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6.6.3 Licensor shall install, replace, and maintain the Municipal Facilities and Replacement Facilities authorized to be used by Licensee pursuant to any Supplement in good condition in accordance with Licensor’s standard maintenance requirements. Such maintena nce of Municipal Facilities and Replacement Facilities shall be at Licensor’s sole cost and expense, except to the extent this Agreement provides otherwise. If a Municipal Facility or Replacement Facility with Licensee Equipment on it needs to be cleared from the ROW (for example, due to an accident), Licensee shall perform or cause to be performed that work. If Licensee does not remove, repair, replace, or otherwise remediate damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities or other property as required in this Section , the Licensor shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee for the actual costs incurred by the Licensor. If such damage causes a public health or safety emergency, as reasonably determined by the Licensor, the Licensor may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable ; provided, such repair work shall not include any technical work on Licensee’s Equipment. Licensor shall have no obligation to maintain or safeguard the Equipment.

6.6.4 Upon the receipt of a written demand for payment accompanied by supporting documentation for payment by the Licensor pursuant to this Section , Licensee shall within forty-five (45) days of such receipt reimburse the Licensor for such costs.

6.7 Change in Equipment. If Licensee desires to install Equipment which is different in any material way f rom the then- existing and approved Equipment, then Licensee shall first obtain the written approval for the use and installation of such Equipment from an authorized representative of the Licensor. Any such approval shall take the form of an amendment to t he applicable Supplement. In addition to any other submittal requirements , and if requested by Licensor, Licensee shall provide “load” (structural) calculations for Equipment changes.

Notwithstanding the foregoing, Licensee may maintain, repair, and make like-kind replacements or modifications to any Equipment that do not increase the size, height, and weight of the Equipment or exceed the structural capacity of the Municipal Facility as established in an approved Supplement without requiring additional Applications or Supplements.

6.8 Relocation and Displacement of Equipment.

6.8.1 This Agreement creates no right in Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act or under any existing or future Law upon any termination of tenancy.

6.8.2 Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon ninety (90) days’ prior written notice to Licensee, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification , completion, repair, relocation, or maintenance of a Licensor or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned Municipal Facilities; or (c) to protect or preserve the p ublic health or safety. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor within the ninety (90) days, Lice nsor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor.

6.8.3 To the extent the Licensor has actual knowledge thereof, the Licensor will attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located.

6.9 Unauthorized Equipment. If Licensor discovers any Equipment has been installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may send an invoice to Licensee for a sum equal to five (5) times the then -current License Fee (or Alternate License Fee, if applicable) as compen sation for the unauthorized attachments, and, within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to Licensor and submit an Application for the unauthorized Equipment, or (ii) produce documentation showing Licensor’s prior approval of the Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit documentation satisfactorily showing Licensor’s prior approval within sixty (60) day s of Licensor’s invoice, Licensor may remove the unauthorized Equipment at Licensee’s expense. If Licensor removes such unauthorized Equipment, such Equipment shall become the property of Licensor, who shall have sole rights over such Equipment’s disp osition. Licensor’s removal of unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section.

6.10 Termination of a Supplement.

6.10.1 Licensee shall have the right to terminate any Supplement on thirty (30) days’ notice to Licensor. In the event of such termination, removal of Equipment associated with the terminated Supplement shall be governed by Section 6.11 below and Licensor shall retain any License Fee (or Alternate License Fee, if applicable) paid.

6.10.2 Licensor shall have the right to terminate any Supplement in the following circumstances: (a) if, after installation, Licensor determines the covered Equipment has been inoperative or abandone d for sixty (60) consecutive days, and Licensee does not pr ovide an adequate explanation or commence to cure within thirty (30) days following notice ; (b) if Licensee’s operation under a particular Supplement is deemed by Licensor to endanger or pose a threat to the public health, safety or welfare or interfere wi th the normal day-to-day operation of any Licensor department or service; or (c) Licensor is mandated by Law, a court order or decision, or the federal, state, or local government to take certain actions that will cause or require the removal of any Equipment.

6.11 Removal of Equipment . Within thirty (30) days after the expiration or earlier termination of a Supplement, Licensee shall promptly, safely and carefully remove the Equipment covered by the terminated or expired Supplement from the applicable Municip al Facility and ROW. Within thirty (30) days after the expiration or earlier termination of the Agreement, DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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Licensee shall promptly, safely and carefully remove all Equipment from all the applicable Municipal Facilities and ROW. If Licensee fails to compl ete this removal work pursuant to this Section, then the Licensor, upon written notice to Licensee, shall have the right at the Licensor’s sole election, but not the obligation, to perform this removal work and charge Licensee for the actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty ( 30) days of the date of a written demand for this payment from the Licensor. After the Licensor receives the reimbursement payment from Licensee for the removal work performed by the Licensor, the Licensor shall promptly make available to Licensee the pro perty belonging to Licensee and removed by the Licensor pursuant to this Section at no liability to the Licensor. If the Licensor does not receive reimbursement payment from Licensee within such thirty (30) days, or if Licensor does not elect to remove su ch items at the Licensor’s cost after Licensee’s failure to so remove pursuant to this Section, or if Licensee does not remove Licensee’s property within thirty (30) days of such property having been made available by the Licensor after Licensee’s payment of removal reimbursement as described above, any items of Licensee’s property remaining on or about the ROW, Municipal Facilities, or stored by the Licensor after the Licensor’s removal thereof may, at the Licensor’s option, be deemed abandoned and the Licensor may dispose of such property in any manner by allowed for by Law. Alternatively, the Licensor may elect to take title to abandoned property, and Licensee shall submit to the Licensor an instrument satisfactory to the Licensor transferring to the Licensor the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

6.12 Risk of Loss. Subject to the terms of this Agreement, Licensee shall bear all risks of loss or damage or relocation or replacement of its Equipment and materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any cause, and the Licensor shall not be liable for any cost of replacement or of repair to damaged Equipment, including, withou t limitation, damage caused by the Licensor’s removal of the Equipment, except to the extent that such loss or damage was caused by the willful misconduct or negligence of the Licensor, including, without limitation, each of its elected officials, departme nt directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in Section 7.3 below.

6.13 Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors, and agents, will not use, gen erate, store, produce, transport, or dispose any Hazardous Substance on, under, about or within the area of a ROW or Municipal Facility in violation of any Law. Except to the extent of the gross negligence or intentional misconduct of Licensor, Licensee wi ll pay, indemnify, defend, and hold Licensor harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on -site or off- site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by Persons who are properly trained, authorized, licensed and otherwise permitted to perform those services.

6.14 Inspection. On a quarterly basis, Licensor will conduct regular safety inspections and oversight of Equipment on Municipal Facilities. Licensee shall have the right to be present at and observe any such inspections. Licensee shall pay Licensor for its reasonable costs for such safety inspections and oversight, which at the time of this Agreement have been established to be DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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$645.00 per year. Licensee shall pay Licensor this fee together with every payment of the License Fee (or Alternate License Fee, if applicable), and the fee shall be subject to the same adjustments and proration as the License Fee (or Alternate License Fee, if applicable).

6.15 Access. Licensee shall have access to the Equipment for non-emergency purposes, between the hours of 7:00 am and 5:00 pm weekdays (excluding holidays), unless a required permit further limits the access hours. Prior to Licensee accessing its Equipment, Licensee shall provide email notice, at least 24 hours in advance, to the Licensor at the following email address:
[email protected]. In the event of an emergency at any time, Licensee will, if time permits, attempt to provide prior telephonic notice to the Licensor at the following telephone number: (714) 647-3380. It is responsibility of Licensee to coordinate its access with other users of the same Municipal Facility.

7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold harmless the Licensor, its council members, officers, employees, agents and contractors from and against any and all claims, demands, losses, including pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney’s fees and costs of defense (collectively, the “Losses”) to the extent arising from, resulting from or caused by Licensee’s activities undertaken pursuant to this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the Licensor, its council members, officers, employees, agents, or contractors. Licensee’s obligation to indemnify and hold harmless excludes only such claim, loss or liability that is due to the sole negligence or willful misconduct of Licensor.

7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes of action, and rights it may assert against the Licensor on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the Licensor.

7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights of action for negligence against Licensor which may hereafter arise on account of damage to Equipment, Municipal Facilities or to the ROW, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Licensee. This waiver and release shall apply between the parties and they shall also apply to any claims under or through either party as a result of any asserted right of subrogation. All such policies of insurance obtained by Licensee concerning the Municipal Facilities, Equipment or the ROW shall waive the insurer’s right of subrogation against the Licensor.

7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

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8. PERFORMANCE BOND. In order to secure the performance of its obligations under this Agreement, Licensee will provide the following security instrument to the Licensor:

8.1 Performance Bond . Prior to the commencement of any work under this Agreement, Licensee must provide a performance bond running to the Licensor according to this Section 8.1. The amount of the Bond shall be based on the number of attachments in the following amounts:

Number of Municipal Facilities Required Security
1-50 $50,000
51-100 $75,000
101-300 $100,000
301-1000 $150,000
Greater than 1000 $200,000

The performance bond is conditioned upon the faithful performance by Licensee of all the terms and conditions of this Agreement and upon the further condition that if Licensee fails to comply with any terms or conditions governing this Agreement, there shall be recoverable jointl y and severally from the principal and surety of the bond any damage or loss suffered by the Licensor as a result, including the full amount of any compensation , indemnification, or costs of removal or abandonment of Licensee’s property, plus costs and reasonable attorneys’ fees up to the full amount of the performance bond. Licensee will keep the performance bond in place during the Term of this Agreement. This bond shall also fulfill the requirements of Section 33 -240(c)(7) of the Santa Ana Municipal Code or any similar successor code provision, but only as pertaining to Licensee’s Equipment on Municipal Facilities.

8.2 Assessment of the Bond. Upon Licensee’s failure to pay the Licensor any amount owing under this Agreement, the performance bond may be assessed by the Licensor for purposes including, but not limited to:
(a) Reimbursement of costs borne by the Licensor to correct violations of the Agreement not corrected by Licensee, after Licensor provides notice and a reasonable opportunity to cure such violations. This shall include but not be limited to removal of Equipment. (b) To provide monetary remedies or to satisfy damages assessed against Licensee due to a material breach of this Agreement.

8.3 Restoration of the Bond. Licensee must deposit a sum of money or a replacement instrument sufficient to restore the performance bond to its original amount within 30 days after written notice from the Licensor that any amount has been recovered from the performance bond.

Failure to restore the bond to its full amount within thirty (30) days will constitute a material breach of this Agreement. Licensee will be relieved of the foregoing requirement to replenish the bond during the pendency of an appeal from the Licensor’s decision to draw on the performance bond.

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8.4 Required Endorsement. The performance bond is subject to the approval of the Licensor and must contain the following endorsement:
“This bond may not be canceled until sixty (60) days after receipt by the Licensor, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew.”

8.5 Reservation of Licensor Rights. The rights reserved by the Licensor with respect to the performance bond are in addition to all other rights and remedies the Licensor may have under this Agreement or any other Law.

8.6 Admitted Surety Insurer. The surety supplying the bond shall be an “admitte d surety insurer”, as defined in California Code of Civil Procedure Section 995.120 and authorized to do business in the State of California.

8.7 Cash Deposit. In lieu of obtaining a performance bond, Licensee shall have the right to instead deposit a cash deposit with Licensor securing Licensee’s obligations under this Agreement.

9. INSURANCE. Licensee shall obtain and maintain at all times during the Term of this Agreement insurances of the types and in the amounts specified by Licensor from time to time, or if not specified, the amounts in this Section 9: Commercial General Liability insurance with a limit of two million dollars ($2,000,000) per occurrence for bodily injury and property damage and five million dollars ($5,000,000) general aggregate including premises-operations, contractual liability, personal injury and products completed operations; and Commercial Automobile Liability insurance covering all owned non- owned and hired vehicles with a limit of one million dollars ($1,000,000) each accident for b odily injury and property damage. The Commercial General Liability insurance policy shall include the Licensor, its council members, officers, and employees as additional insured as respects any covered liability arising out of Licensee’s performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Upon receipt of notice from its insurer, Licensee shall use its best efforts to provide the Licensor with thirty (30) day s prior written notice of cancellation.

Licensee shall be responsible for notifying the Licensor of such change or cancellation.

9.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, Licensee shall fil e with the Licensor the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts;
(b) that Licensee’s Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Licensor may possess, including any self-insured retentions the Licensor may have; and any other insurance the Licensor does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and
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(c) that Licensee’s Commercial General Liability insu rance policy waives any right of recovery the insurance company may have against the Licensor.

The certificate(s) of insurance with endorsements and notices shall be emailed to the Licensor at the address specified in Section 10 below.

9.2 Workers’ Compensation Insurance. Licensee shall obtain and maintain at all times during the Term of this Agreement statutory workers’ compensation and employer’s liability insurance in an amount not less than the amount required by statute and shall furnish the Licensor with a certificate showing proof of such coverage.

9.3 Insurer Criteria. Any insurance provider of Licensee shall be admitted and authorized to do business in the State of California and shall carry a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-” Overall and a Financial Size Category of “VII.”

9.4 Severability of Interest. “Severability of interest” or “separation of insureds” clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.

10. NOTICES.

10.1 Method and Delivery of Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered via email or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows:

If to the Licensor: CITY OF SANTA ANA, CA
Public Works Agency
20 Civic Center Plaza, M-22
Santa Ana, CA, 92701
Attn: Executive Director
Email: [email protected]

If to Licensee: T-Mobile West LLC
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance (Small Cells)

10.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above.

11. D
EFAULT; CURE; REMEDIES.

11.1 Licensee Default and Notification. This Agreement is granted upon each and every condition herein and each of the conditions is a material and essential condition to the DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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granting of this Agreement. Except for causes beyond the reasonable control of Licensee, if Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such failure continues for more than thirty (30) days after written demand from the Licensor to commence the correction of such noncompliance on the part of Licensee, the Licensor shall ha ve the right to revoke and terminate this Agreement, if such failure is in relation to the Agreement as whole, or any individual Supplement, if such failure is in connection solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement or provided by Law.

11.2 Cure Period. If the nature of the violation is such that it cannot be fully cured within thirty (30) days due to circumstances not under Licensee’s control, the period of time in which Licensee must cure the violatio n shall be extended for such additional time reasonably necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; and (b) Licensee is diligently pursuing its efforts to cure. The Licensor may not maintain any action or effect any remedies for default against Licensee unless and until Licensee has failed to cure the breach within the time periods provided in these Sections 11.1 and 11.2.

11.3 Licensor Default. If Licensor breaches any covenant or obligation of Licensor under this Agreement in any manner and if Licensor fails to commence to cure such breach within thirty (30) days after receiving written notice from Licensee specifying the violation (or if Licensor fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and all of its rights and/or remedies provided under this Agreement or by L aw or it may (although it shall not be obligated to) cure Licensor’s breach and/or perform Licensor’s obligations (on Licensor’s behalf and at Licensor’s expense) and require Licensor to reimburse to Licensee all reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with such cure and/or performance.

12. A
SSIGNMENT AND CUSTOMER EQUIPMENT. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties.

12.1 Licensee shall not assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the prior written consent of Licensor .

Notwithstanding the foregoing, Licensee may assign or transfer the rights and privileges granted herein to any parent or subsidiary of Licensee, to an entity with or into which Licensee may merge or consolidate, to an entity which Licensee is controlled by, or is under common control with such entity, or to any purchaser of all or substantially all of the assets of Licensee with notice to Licensor but without the requirement for Licensor approval, so long as the successor provides written confirmation to Licensor that it is then fully liable to the Licensor for compliance with all terms and conditions of this Agreement . The Licensee shall reimburse the Licensor for all direct and indirect costs and expenses reasonably incurred by the Licensor in considering a request to transfer or assign this Agreement.

12.2 Licensee need not own all components of Equipment subject to this Agreement , and may permit its customers to maintain ownership of Equipment components. However, (1) all Equipment must be wholly under the control and management of Licensee; and Licensee shall be liable for all acts or omissions, and all harms associated with the Equipment whether the same are its acts or omissions, or the acts or omissions of the owner of the Equip ment; and (2) Licensee acknowledges and agrees that no rights of ownership in Equipment by Licensee’s customers shall DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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permit any such customer to enter upon, or use the any portion of the Municipal Facilities or the Equipment, in any other manner or at any other place, including to add to, or modify or install Equipment, which shall be Licensee’s sole responsibility. Further, Licensee may not install Equipment it does not own on Municipal Facilities , unless the entity for on whose behalf the Equipment has been installed acknowledges and agrees, in a form acceptable to the Licensor: that the Licensor has not granted it a consent to be in the ROW for any purpose; that it is bound by Licensee’s representations, obligations and duties hereunder; that it shall have no rights or claims against the Licensor of any sort related to the Equipment or Municipal Facilities; that its Equipment may be subject to taxes, fees or assessments as provided in the Laws or the Agreement , and that Licensor may treat any Equipment owned by such entity as if it were owned by Licensee for all purposes (including, but not limited to, removal and relocation); and that the Equipment may only be used for the purposes and uses permitted herein. Such acknowledgement may be provided for all Equipment on Municipal Facilities, and need not be provided separately, site by site.

13. RECORDS; AUDITS.

13.1 Records Required by Code. Licensee will maintain complete records pursuant to all applicable Laws.

13.2 Additional Records. The Licensor may require such additional reasonable non - confidential information, records, and documents from Licensee from time to time as are appropriate in order to reasonably monitor compliance with the terms of this Agreement.

13.3 Production of Records. Licensee shall provide such records within twenty (20) business days of a request by the Licensor for production of the same unless additional time is reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed for the production of the same. If any Person other than Licensee maintains records on Licensee’s behalf, Licensee shall be responsible for making such records available to the Licensor for auditing purposes pursuant to this Section.

13.4 Public Records. Licensee acknowledges that information subm itted to Licensor may be open to public inspection and copying under California law.

14. M
ISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the obligations of the parties under this Agreement.

14.1 Waiver of Breach. The waiver by eithe r party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.

14.2 Contacting Licensee. Licensee shall be available to the staff employees of any Licensor department having jurisdiction over Licensee’s activities 24 hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The Licensor may contact by telephone the Licensee’s network control center operator at telephone number 877-611-5868.

14.3 Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Orange County, California.

14.4 Change Of Law. If any provision of this Agreement is found to be unenforceable in a final judicial or administrative proceeding, the parties shall enter into good faith negotiations with the intent of reaching an agreement that would place the parties substantially in the same position as if this Agreement were fully enforceable. If the negotiations do not result in agreement between the parties within sixty days from the date of the final decision referred to in the preceding sentence, then either par ty may call for binding arbitration within a further thirty days. Such arbitration shall have the goal of placing the parties in the same positions they would occupy if this Agreement had been fully enforceable. The parties shall select an independent, mut ually acceptable arbitrator, who shall have available the full range of appropriate remedies. The arbitrator’s decision shall be final and binding on both parties. The parties will each pay their own costs to appear before the arbitrator and will share the arbitrator’s costs equally.

14.5 Force Majeure. Except for payment of amounts due, neither party shall have any liability for its delays or its failure of performance due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes reasonably beyond its control, whether or not similar to the foregoing.

14.6 Attorneys’ Fees. Should any dispute arising out of this Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees.

14.7 “AS IS” condition of Municipal Facilities. Municipal Facilities licensed to Licensee pursuant to this Agreement are licensed to and accepted by Licensee “as is” and with all faults. The Licensor makes no representation or warranty of any kind as to the present or future condition of or suitability of the Municipal Facilities for Licensee’s use and disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition of the Municipal Facilities and the merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determinati on of the condition and suitability of any Municipal Facility for Licensee’s intended use.

14.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to en ter into and perform the party’s respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other Person or entity in connection herewith, except as provided in Sect ion 4.2 above. This Agreement shall not be revocable or terminable except as expressly permitted herein.

14.9 Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties.

14.10 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.

14.11 Non-Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the ex clusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to be cumulative.

14.12 No Third-Party Beneficiaries. It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third -party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor with respect to third parties shall remain as imposed by state law.

14.13 Construction of Agreement . The terms and provisions of this Agreement shall not be construed strictly in favor of or against either party, regardless of which party drafted any of its provisio ns. This Agreement shall be construed in accordance with the fair meaning of its terms.

14.14 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this Agreement and all applicable federal, state and local laws and regulations; (b) agrees that t his Agreement was entered into pursuant to processes and procedures consistent with applicable Law; and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding against the Licensor that at the time of acceptance of this Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this Agreement any such provision, condition or term was void or unlawful or that the Licensor had no power or authority to make or enforce any such provision, condition or term.

14.15 Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee’s obligations under this Agreement.

14.16 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in connection with the right, title, and interest in and construction, installation, maintenance, and operation of Equipment for the purposes set forth herein.

14.17 Tax Notice. Licensor hereby provides notice pursuant to California Revenue an d Taxation Code Section 107.6, and Licensee acknowledges that this Agreement may create a possessory interest and Licensee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107.6. Licensee shall pay directly to the appropriate authority, when due, all real and personal property taxes, fees and assessments, assessed against the area licensed and the Equipment.

14.18 Counterparts. This Agreement, any Supplement, and any amendments to either may be executed in multiple counterparts, including by electronic means, each of which shall be deemed an original, and all such counterparts once assembled together shall constituted one integrated instrument.
[Signature page to follow]
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally executed in duplicate effective as of the Effective Date as defined in the introductory paragraph to this Agreement.

Licensor:

ATTEST: CITY OF SANTA ANA

__________________________ _____________________
JENNIFER L. HALL KRISTINE RIDGE City Clerk City Manager

APPROVED AS TO FORM Licensee:

CITY ATTORNEY’S OFFICE T-MOBILE WEST LLC

BY: ______________________ BY: _________________________________ JOSE MONTOYA NAME: _______________________________
Assistant City Attorney TITLE: _______________________________

RECOMMENDED FOR APPROVAL

_______________________________

NABIL SABA
Executive Director
Public Works Agency

Exhibits:

Exhibit A – Supplement
Exhibit B – Application

Cheryl Downs
Sr Director, Strategy & Planning
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A-1

EXHIBIT A

FORM OF SUPPLEMENT
This Supplement (“Supplement”), is approved by Licensor this _____ day of ____________, 20____ (the date executed by all parties, referred herein as “Supplement Effective Date”).

1. Supplement. Licensee has submitted an application for approval to use a Municipal Facility pursuant to that certain Municipal Facility License Agreement between Licensor and Licensee dated ______________, 20__ (“Agreement”). Licensor has reviewed the application and grants approval subject to the terms of this Supplement. All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necess ity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. IF THE SUPPLEMENT IS NOT COUNTER-SIGNED BY LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS

AFTER LICENSOR HAS GRANTED APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF LICENS EE STILL WANTS TO USE THE MUNICIPAL

FACILITY, LICENS EE WILL BE REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOCIATED FEES.

2. Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the “Licensed Area”) depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto.

3. Equipment. The Equipment to be installed at the Licensed Area is described and depicted in Attachment 1.

4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for the life of the Agreement, as described in Paragraph 2 of the Agreement.

5. License Fee/Alternate License Fee. The initial fee for this Supplement shall be as follows per year: _____________. This fee is subject to annual increase as provided in the Agreement, and is payable in accordance with the Agreement.

6. Performance Bond . Th is Supplement [circle one] is / is not covered by existing performance bond. If not covered by existing performance bond, a bond is required pursuant to Section 8 of the Agreement.

7. Miscellaneous.____________________________________________________. [Signature page follows]

DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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A-2
IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally executed in duplicate, effective upon execution by both parties.

Licensor:

CITY OF SANTA ANA, CA

By: _______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________

Licensee:

Accepted:

T-Mobile West LLC

By: _______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________
Attachments:

Attachment 1 – Licensed Area
Attachment 2 – Equipment List and Description

DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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Attachment 1
Licensed Area
[site plan showing licensed area of applicable Municipal Facility and showing proposed Equipment installation]

DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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A-4
Attachment 2
Equipment List and Description

DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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B-1

EXHIBIT B

APPLICATION TO USE MUNICIPAL FACILITY

Applicant: ___________________________Date: ______________________________ Licensee:____________________________Application/License#:__________________

Type of
Municipal
Facility
Alteration
Required
Small Cell Equipment
Heights (provide both (1) the
overall height of pole structure
with added facilities; and (2)
the height of individual
facilities)
Small Cell
and Base
Equipment
Weights
Small Cell
And Base
Equipment
Dimensions
Location of Any
Additional Equipment
Street Light None [Installed on Pole, specify
attachment height, weight
and dimensions]
[Installed on/in Ground
(Vault), specific
dimensions]
[Other Location]
[Not Applicable/Needed]

APPLICANT SHALL PROVIDE THE FOLLOWING AS APPLICABLE:
• Site plan and engineering design and specifications for installation of Equipment, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance. Also indicate whether unmetered electricity is available at the site.
• Include a load bearing study that determines whether the pole requires reinforcement or replacement in order to accommodate attachment of proposed Equipment. • If the proposed installation will require reinforcement or rep lacement of an existing pole, provide applicable design and specification drawings.
• The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed.
• Description of the utility services required to support the facilities to be installed. • List of the contractors and subcontractors, and their contact information, authorized to work on the project.
• A check for the applicable Application Fee made payable to the City of Santa Ana (refer to Section 5.1 of the Municipal Facilities License Agreement).

APPLICANT SIGNATURE: __________________________________ PRINT NAME: _____________________________________________ TITLE: ____________________________________________________ DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47

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Public Works Agency
https://www.santa-ana.org/pw
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Agreement with Revenue & Cost Specialists, LLC for a Comprehensive Development Impact Fee Study

AGENDA TITLE
Award an Agreement to Revenue & Cost Specialists, LLC for Comprehensive Impact Fee Study Consulting Services Not to Exceed $115,150 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a consulting services agreement with Revenue & Cost Specialists, LLC for a two-year term beginning November 7, 2023, and ending November 6, 2025 for the preparation of a Comprehensive Development Impact Fee Study, for a total amount not to exceed $115,150, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City imposes impact fees on land development projects to mitigate general impacts to City infrastructure, such as parks, library, transportation, sewer, and storm drainage systems. The primary objective of a development impact fee program is to ensure that new development pays the capital costs associated with growth. Impact fees must comply with the requirements of the Mitigation Fee Act (Act) contained in California Government Code Sections 66000 et seq.

The City periodically analyzes and updates the development impact fee rates to ensure compliance with the Act and ensure future developers pay their share to mitigate impacts. The study will include rates for existing fees, possible fee adjustments, as well as consideration of new fees that may become necessary with continued development within the City. When complete, Staff will present the study recommendations to Council for adoption and inclusion in the City’s miscellaneous fee schedule.

Staff published a Request for Proposals (RFP) and received two proposals from firms specializing in local government financial analysis. A selection committee comprised of staff from the Public Works Agency, Park Services and the Planning and Building Agency, reviewed both proposals and rated each firm based on a number of criteria such as demonstrated knowledge and capabilities, experience, proposed approach,

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Agreement to Prepare a Comprehensive Development Impact Fee Study November 7, 2023

3 8
1 9
project rates, and fees. Both of the firms were interviewed by the selection committee with the results as follows:

Rank Firm Average Score
1 Revenue & Cost Specialists, LLC 90
2 David Taussig and Associates 81
Based on rating, cost, and proposal (Exhibit 1), Staff recommends that Revenue & Cost Specialists, LLC be awarded the agreement for an amount not to exceed $115,150 to develop the Development Impact Fee Study (Exhibit 2).

FISCAL IMPACT
Development fees that are charged to developers to mitigate development project impacts are utilized for Street Improvements projects, public utility improvements and Park improvements. The study will enhance the process and set clear criteria for impact fees charged to developers.

Funding is available in the FY 23-24 budget. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 23-24 01117017-62300 General
Fund
PWA – Service
Enhancement, Contract
Services - Professional
$115,150
Total $115,150

EXHIBIT(S)

1. Revenue & Cost Specialist’s Proposal

2. Agreement with Revenue & Cost Specialists, LLC
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven Mendoza, Acting City Manager

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P
roposal for the City of Santa Ana, CA

––
Proposal for the City of Santa Ana
Development Impact Fee Study
1519 E Chapman Ave
Suite C
Fullerton, CA 92831
(714) 992-9020
www.revenuecost.com
EXHIBIT 1

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Proposal for the City of Santa Ana, CA

TABLE OF CONTENTS September 25, 2023

Table of Contents ......................................................................................................................................................... 2

Transmittal Letter ...................................................................................................................................................... 3

Organization Qualifications ................................................................................................................................. 5

Project Manager .......................................................................................................................................................... 7

Scope of Work ............................................................................................................................................................. 11

Project Schedule ....................................................................................................................................................... 14

References .................................................................................................................................................................... 15

Proposed Budget ...................................................................................................................................................... 19

–

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Proposal for the City of Santa Ana, CA

September 25, 2023

City of Santa Ana
Attn: Ehab Elias, Associate Engineer
20 Civic Center Plaza, M-93
Santa Ana, CA 92701

Proposal for City of Santa Ana – Development Impact Fee Study

Revenue & Cost Specialists, LLC (RCS) appreciates the opportunity to provide you with this Development Impact Fee Study proposal . RCS has provided such studies and other fee- costing services since 1980, making us the first and foremost authority in costing services for California. O ur combined 100 years of experience and knowledge in this industry will ensure a successful project that’s on time and under budget.

Our impact fee study process is straightforward, imposes minimal impact on staff, and provides proper information, allowing staff, City Council, and other stakeholders to make the best policy decisions for Santa Ana. We strive to ensure confidence in the information and recommendations of the final Report.

The results of our study will allow the City to identify and recover, with certainty, the maximum financial impact from future development. The terms of this prop osal will be honored for 90 calendar days from the date of submission. Please contact Scott at (714) 992- 9026 or [email protected]
with any questions.

Sincerely,

GREGORY BROWN SCOTT THORPE
Vice President Principal

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Proposal for the City of Santa Ana, CA

RCS Contacts
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com

Scott Thorpe
Principal
714-992-9026
[email protected]

Gregory Brown
Vice President
714-992-9022
[email protected]

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Proposal for the City of Santa Ana, CA

ORGANIZATION QUALIFICATIONS

ABOUT RCS

RCS (Taxpayer ID No. 330787781) was founded in 1980 by
two former City Managers and a Finance Director who, after the passage of Propositions 13 and 4, discovered that user fees were a legal option to recover lost municipal revenues.

Forty-two years later, Revenue & Cost Specialists continues its focus on cost allocation and user fee calculation services.

After the passage of AB 1600 in 1988, our company added impact fee calculation services to help municipalities finance public facility expansion.

In 2000, RCS created Government Software Systems to develop robust costing software tha t serves fee calculation needs better than spreadsheets. Our company has provided additional services to municipalities, including long-range financial planning, accounting procedures, and utility rate studies.

To this day, RCS continues to thrive through repeat business, referrals, and references. As a small business, RCS takes only a handful of new clients each year, allowing us to dedicate the appropriate number of resources to them. What’s unique about RCS is the work longevity of our team members. Client cities from 20 years ago still call and speak with the RCS Partner about their project back then.

For 2023, RCS is celebrating our 43
rd year in business and looking forward to another 40-
plus years of partnering with municipalities.

QUALIFICATIONS

RCS’s five principals comprise the Limited Liability Company. RCS principals have over 100 years of combined experience in cost allocation plans and fee studies and served over 250 municipalities. We have provided these services to a wide array of public agencies, from the smallest special district to larger and more complex cities and counties. While based in Orange County, we engage in projects throughout the State of California.

RCS principals are municipal cost and revenue consultants specializing in the following:
• User Fee Studies
• Cost Allocation Plans
• Development Impact Fee Studies
• Special studies and reports supporting municipal financing management

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Proposal for the City of Santa Ana, CA

These specializations allow RCS to focus on every aspect of municipal fees and be the best at what we do. We are confident in our project time estimates and do not respond to RFPs when the project workload exceeds our capacity. We have suggested new fees that are not common practice throughout the state and have challenged and removed municipal fees that were not defensible. We have assisted municipalities in streamlining their fee-based processes.

All RCS principals are knowledgeable in fund accounting, department structures , and municipal services. We stay current on pending financial and legal issues that challenge municipalities. All principals are comfortable speaking with city staff at all levels, drafting reports and resolutions, and presenting to the public, stakeholders , and City Council members.

RCS principals perform all studies in a professional and expedient manner and do not rely on junior staff to perform these vital tasks with our clients. We also don’t rely on status memos because we will often be at City Hall to tell you how the project is going in person.

Rick Kermer, a Partner, was one of the founders of RCS. Rick used his CPA and audit experience to build cost allocation, user fee spreadsheets, and software that passes rigorous analysis and reporting accounting standards. Rick’s work is the foundation of all the fee study work offered today. He is now semi-retired, taking only a handful of projects each year.

Eric Johnson, the President, has streamlined and perfected the process of CAP and User Fee Study engagements. With over 30 years and hundreds of completed studies, Eric has created a superior process that demands little city staff time while obtaining maximum results. Eric quickly understands complex city services and how to calculate fees for them. He relates well with elected officials because he responds with candor and brevity. If you speak to any of Eric’s prior or current clients, they will tell you how easy the process was.

Scott Thorpe, a Principal, joined RCS in 1985. Before that, he spent 13 years in the cities of Chula Vista, Covina, Anaheim , and Brea, serving in various roles within the city manager’s offices. Scott performed user fee studies for several years, transitioning to development impact fees when AB 1600 was enacted. He has written articles laying out the fundamentals of impact fees, and his work has generated tens of millions in fee revenues for cities.

Chu Thai, Vice President, joined RCS after 22 years of municipal experience. As a budget manager and finance director, Chu has successfully coordinated user fee increases, impact fee increases, utility rate increases , and tax ballot measures. His experience helps clients avoid the unseen perils that jeopardize municipal projects. After project completion, Chu leaves behind well -documented reports and spreadsheets for City staff. His career has focused on improving cities’ financial stability and implementing operational effectiveness and efficiencies in local government.

Gregory Brown, a Vice President, is the newest team member of RCS . However, he has already performed development impact fee studies for a dozen different cities and districts.

Gregory spent 20 years working in small business before joining the RCS team. He was

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Proposal for the City of Santa Ana, CA

trained by Scott Thorpe in development impact fee and applies the same methodology Scott Thorpe developed over 35 years while also incorporating his experience in managing small businesses with a focus on efficiency.

RCS PROJECT MANAGER FOR SANTA ANA

Scott Thorpe , Principal , and Greg Brown, Vice President, will work together on the Development Impact Fee Study.

RCS may assign additional specialists to the project to help maintain the proposed schedule and ensure product quality. We thoroughly understand and will be involved in every phase of the impact fee study, advising City staff when necessary. Resumes for the RCS project team are included in this proposal on the following pages.

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Proposal for the City of Santa Ana, CA

EDUCATION
Bachelor of Arts in Public
Administration – San Diego
State University

Master of Public
Administration - California
State University Fullerton

AFFILIATIONS
California Society of
Municipal Finance Officers

Government Finance Officers
Association
Scott Ian Thorpe
Principal

Mr. Thorpe has been with RCS since 1985 and built his career and reputation on the proper establishment of development impact fees. His early publications helped shape the
foundation of calculating and implementing impact fees. Scott has produced studies for projects ranging fr om small, single- use developments to large, master -planned communities throughout California. He is actively involved in all aspects of the projects, from kick- off, through Council adoption and beyond fee collection and reporting.

Municipal Experience
City of Brea – Management & Budget Manager
Developed budget preparation and management information reporting systems. Established personal computer
operations, including acquisition, placement, and
maintenance of all equipment to initial and ongoing employee training. Created a comprehensive legislative program for reviewing all federal, state and local legislation.

City of Anaheim – Budget Analyst/Management
Operations Auditor
Assisted in the preparation of a $350,000,000 annual budget.

Provided centralized management support and assistance of line departments with a variety of services including work measurement and management techniques program
development, productivity improvement, internal
management audits, budget review/analysis, revenue
forecasting and auditing, and data processing systems
development. Specialized in management assistance to public safety, stadium, convention center and golf operations.

Responsible for fiscal, work-unit measurement and
management training sessions required of all city
management staff.

City of Covina – Administrative Assistant to the City
Manager
Performed general program development with significant
emphasis on the improvement of the budget process,
legislative, public information, and agenda process systems.

Conducted a major annexation study and effort.

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Proposal for the City of Santa Ana, CA

Scott Ian Thorpe
Principal

Municipal Experience
(continued)

City of Chula Vista – Administrative Aide
Entry level job which involved completion of a City-wide Policy and Procedure Manual, operation reviews of long-term fire vehicle equipment purchases and of the municipal bus system stop locations.

Publications
"Financing Capital Improvements", Journal American Water Works Association, August, 1991, pages 50-52
"Impact Fees: Practical Guide for Calculation and
Implementation", Journal of Urban Planning and
Development, Vol. 18, No. 3, September, 1992, pages 106- 118
“The Missing Ingredient in State-Mandated General Plans”, Public Management, International City Management
Association”, March 2014. Pages 21-22.

Other Accomplishments
Charter Oak Unified School District Facility Closure
Committee-Board Appointee
Guest Lecturer on various municipal
government/management topics at two universities

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Proposal for the City of Santa Ana, CA

EDUCATION
Bachelor of Arts in History –
Cal Poly Pomona

Gregory Ross Brown
Vice President

Professional Experience
Revenue & Cost Specialists – Vice President
(2022- Present) Assisting in meetings, gathering data,
building fee structures, analyzing, and writing reports.

Revenue & Cost Specialists – Associate
(2020 – 2022) Assist in working meetings, data gathering, analysis, and input. Write and/or edit text for completed Development Impact Fee cost calculations.

Simple Health Acupuncture and Wellness Center Inc.

Long Beach, CA – Clinic Director
(2012 – 2022) Oversaw all operations of a continuing
multiple-modality health clinic involving seventeen
employees.

Project Experience

Development Impact Fees
Apple Valley Fire Protection District, CA
City of Highland, CA
City of Shafter, CA (In Progress)
City of Gardena, CA (In Progress)
City of West Covina, CA (In Progress)
City of Hercules, CA (In Progress)
City of Corning, CA (In Progress)
City of El Segundo, CA
City of Farmersville, CA
City of Livingston, CA
City of Loma Linda, CA
City of Morro Bay, CA
City of Hawthorne, CA (In Progress)

Cost of Services Studies
City of Hawthorne, CA
City of Laguna Beach, CA
City of Santa Maria, CA

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Proposal for the City of Santa Ana, CA

SCOPE OF WORK

DEVELOPMENT IMPACT FEE

To make certain the City of Santa Ana continues to provide basic municipal services as the City grows, RCS proposes to undertake the calculation and textual support of a new Development Impact Fee Calculation and Nexus Report. RCS staff will perform the following to complete the Development Impact Fee (DIF) calculation and quantify the costs generated by new development in terms of an Impact Fee Schedule for city land uses.

Based on our preliminary review of the reports and documentation available by the City, we propose development impact fees for the following infrastructures.

1. Law Enforcement, Vehicles, and Equipment

2. Fire Suppression/Medic Facilities, Vehicles and Equipment

3. Transportation System Improvement Area

4. Transit Zoning Code Traffic Impact Mitigation Fair Share

5. Harbor Specific Plan Mitigation Fair Share

6. Drainage Assessment Fee

7. Park Acquisition and Development Fee

8. Sewer Connection Fee

9. Water Connection Fee

10. Library Fee

11. General Facilities Development Fee

12. Community Centers Development Fee

RCS has the experience and determination to research and identify the maximum financial impact of future developments in Santa Ana. With this information, staff can realize the city's best funding and implementation policies.

We plan to use a series of direct, focused meetings between RCS experts and knowledgeable City staff to produce an accurate, logical, and defensible final product. RCS' objective is to ensure that City staff feels confident about the data and the report and, therefore, confident in supporting the results at public hearings.

The fee recommendations included in RCS' final Development Impact Fee Calculation and Nexus Report will be legally defensible, easy to understand, and supported by City staff. Our years of experience in impact fees and working with local government finance officers ensures this project will be completed successfully and on time.

To provide the basis for the Development Impact Fees, the following steps would be taken by the Revenue & Cost Specialist staff, working with City staff and other consultants where necessary and appropriate:

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Proposal for the City of Santa Ana, CA