Santa Ana City Council
December 5, 2023

December 1, 2020, the City Council denied Appeal No. 2020-02, upholding the determination of the Planning Commission to approve the subject entitlements.

Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), entitlements such as variances automatically become void should the property owner fail to institute an action to comply with the provisions of the entitlements within two years of its approval. This section also allows the property owner to request an extension of the entitlement up to a period of three years from the date of the expiration.

The subject entitlements were in effect until December 15, 2022. However, the applicant experienced delays in moving the project forward and constructing the development.

During this time, a state of local emergency was declared stemming from the COVID-19 pandemic, which provided relief to residential developers by extending approvals of residential entitlements to December 31, 2022.

By September of 2022, the applicant had not obtained the required building permits for development of the project. As a result, on September 9, 2022, the applicant submitted a request for a one-year extension to ensure the entitlements remain valid by the time permits were ready for issuance. On December 6, 2022, the City Council voted unanimously to extend the entitlements for the development for a period of one year to December 15, 2023. On August 1, 2023, the applicant obtained all required building permits for development of the project, including demolition permits for existing buildings at both project sites.

Analysis
Due to increased cost of materials, changes in construction loan interest rates, labor shortage, and market changes impacting the applicant’s ability to develop the project, the applicant is requesting a second one-year extension through December 15, 2024.

Specifically, recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project’s ability to begin vertical construction of the project by the December 15, 2023, deadline that was established the City Council-approved entitlement extension. As a result, the applicant is requesting a second one-year entitlement extension pursuant to Section 41-647 of the SAMC. In an effort to encourage construction of entitled projects, it is the Planning Division’s policy to recommend no more than one-year extensions at a time.

As previously discussed, the applicant has pulled required building permits and paid over $4.5 million in City permitting and impact fees to date. The applicant is also in process of demolishing existing onsite buildings, including the former Northgate market, so that the site will be ready for development once ready to proceed with construction.

Demolition is expected to be completed by December 31, 2023. The applicant intends to begin vertical construction by the second quarter of 2024, in order to effectuate its City Council 12 – 2 12/5/2023
4 th and Mortimer Mixed-Use Development Project
December 5, 2023

entitlements within a timely manner. Since the applicant has obtained building permits, paid permitting and impact fees, and actively began demolition, the Planning Division recommends that the entitlements for the development be extended for a period of one year to December 15, 2024.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the approval of the time extension is exempt form CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

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

EXHIBIT(S)

1. Resolution Extending SPR No. 2020-03 and VAR No. 2020-06 for One Year

2. Resolution No. 2020-093

3. Full project plans
Submitted By: Minh Thai, Executive Director of the planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 12 – 3 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING A SECOND ONE-YEAR
EXTENSION OF SITE PLAN REVIEW 2020-03 AND
VARIANCE NO. 2020-06 FOR THE 4TH AND MORTIMER
MIXED-USE DEVELOPMENT TO BE LOCATED AT 409
AND 509 EAST FOURTH STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On October 12, 2020, the Planning Commission unanimously approved Site Plan Review No. 2020-03, for a development project over four stories in height, and Variance No. 2020-06, to allow an increase in the allowable building size and massing, for a new mixed-use development located at 409 and 509 East Fourth Street.

B. On October 22, 2020, an appeal (Appeal No. 2020-02) to the project was filed by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER).

C. On December 1, 2020, the City Council denied Appeal No. 2020-02, upholding the determination of the Planning Commission to approve the subject entitlements.

D. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), entitlements automatically become void should the property owner fail to institute an action to comply with the provisions of the entitlements within two years of its approval.

E. Taking into consideration the difficulties experienced by the development industry from the global COVID-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council unanimously approved Resolution No. 2022-093, approving the applicant’s first request for a one-year entitlement extension on December 6, 2022, extending the subject project entitlements until December 15, 2023.

F. On August 1, 2023, the applicant obtained all required building permits for development of the project, including demolition permits for existing buildings at both project sites.

City Council 12 – 4 12/5/2023
Resolution No. 2023-XXX

G. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impact on construction loans and land development costs, have resulted in additional delays to the ability to complete begin vertical construction of the project by the December 15, 2023, deadline that was established the City Council-approved entitlement extension.

H. Pursuant to SAMC Section 41-647, when construction does not commence, these types of entitlements expire after two (2) years unless the applicant applies for, and the City Council approves, an extension. Up to three extensions may be granted.

I. It is the Planning Division’s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects.

J. The applicant filed a request for the second one-year extension on September 27, 2023. The extension request came before the City Council on December 5, 2023.

K. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.

Section 2. Site Plan Review No. 2020-03 and Variance No. 2020-06 are each hereby extended for a period of one (1) year until December 15, 2024. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated December 5, 2023, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

[Signatures on the following page]
City Council 12 – 5 12/5/2023
Resolution No. 2023-XXX

ADOPTED this 5th day of December, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 12 – 6 12/5/2023
Resolution No. 2023-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-______ to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2023.

Date: ____________ ________________________________
City Clerk
City of Santa Ana
City Council 12 – 7 12/5/2023
LS 12. 1. 20
RESOLUTION NO. 2020-093

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING APPEAL APPLICATION NO. 2020-
02 AND UPHOLDING THE DETERMINATION OF THE

PLANNING COMMISSION TO APPROVE AN ADDENDUM

TO THE ENVIRONMENTAL IMPACT REPORT FOR THE
TRANSIT ZONING CODE PROJECT ( SCH NO.
2006071100) AND ADOPTION OF A MITIGATION

MONITORING AND REPORTING PROGRAM FOR SITE
PLAN REVIEW NO. 2020-03 AND VARIANCE NO. 2020-06

FOR A NEW MIXED -USE RESIDENTIAL AND

COMMERCIAL DEVELOPMENT FOR THE PROPERTIES
LOCATED AT 409 EAST FOURTH STREET ( SITE A) AND
509 EAST FOURTH STREET (SITE B)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. On October 12, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider various entitlements including Site Plan Review No. 2020-03, Variance No. 2020- 06, and Amendment Application 2020-04 to allow the construction of a new mixed -use residential and commercial development consisting of 169 residential rental units and 11, 361 square feet of commercial space at 409 and 509 East Fourth Street.

After receiving public testimony on the item, the Planning Commission voted unanimously ( 7:0) to adopt a resolution approving an Addendum to the Environmental Impact Report ( EIR) for the Transit Zoning Code Project, mitigation monitoring and reporting program, Site Plan Review No. 2020-03 as conditioned, and Variance No. 2020-06 as conditioned. In addition, the Planning Commission recommended that the City Council adopt a resolution approving an Addendum to the Environmental Impact Report for the Transit Zoning Code Project, mitigation monitoring and reporting program, and an ordinance approving Amendment Application No. 2020- 04 for Specific Development No. 84 (SD84).

B. On October 22, 2020, Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER) hereinafter referred to as " Appellant", submitted an appeal application pursuant to Section 41- 645 of the Santa Ana Municipal Code ( SAMC) requesting that the City Council reconsider the Planning Commission' s decision based on the following reasons:

Resolution No. 2020-093

City Council 12 – 8 12/5/2023
I. California Environmental Quality Act ( CEQA) compliance.

Specifically, the Appellant states that the "City failed to comply with the CEQA by failing to prepare a project -specific EIR for the project';
II. The Appellant states that, " The City failed to comply with the Housing Opportunity Ordinance ( HOO) by failing to require the developer to include affordable housing units in the project; and III. The Appellant states that, `The Planning Commission abused its discretion by failing to read or consider comments submitted by SAFER."
C. Pursuant to SAMC Section 41- 645 ( a), appeals can only be made on a decision or requirement made by the Planning Commission. Of the above - mentioned appeal reasons, the only action taken by the Planning Commission was the action to adopt a resolution approving the addendum to the EIR for the TZC. The subsequent appeal items do not satisfy the requirements of SAMC Section 41- 645 ( a) and should not be considered as part of the appeal:

I. No decision or action was taken by the Planning Commission regarding the HOO requirements because the HOO did not apply to the project; and
II. Consideration of a public comment letter received does not constitute " a decision or requirement made by the Planning Commission".

Nonetheless, a comprehensive response and findings are provided below on all appeal items received.

D. On December 1, 2020, the City Council conducted a duly noticed public hearing on Appeal Application No. 2020-02 and found that:

The City complied with the California Environmental Quality Act (CEQA) requirements by preparing an addendum to the previously certified 2010 Transit Zoning Code Environmental Impact report ( EIR). CEQA does permit the use of an addendum when the original EIR being relied upon was a Program EIR. Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 clearly establish when an agency must prepare a Supplemental or Subsequent EIR, and when an agency is permitted instead to prepare an Addendum. If an agency determines that one of the conditions described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 is present, the agency must prepare either a Subsequent EIR or a Supplemental EIR. When none of those conditions are present, but it is necessary to make changes to a previous EIR, the agency may prepare an addendum. This process applies regardless of whether the original EIR is a Program or Resolution No. 2020-093

City Council 12 – 9 12/5/2023
Project EIR. Nothing in State CEQA Guidelines section 15152 describing the process for utilizing a Supplemental or Subsequent EIR or negative declaration) prohibits use of an addendum where none of the conditions of Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present. Nothing in State CEQA Guidelines sections 15162 or 15164 prohibit use of an addendum where the original EIR is a Program, and not a Project, EIR.

As established in these sections of the Public Resources Code and the State CEQA Guidelines, one of the circumstances described in Public Resources Code section 21166 or State CEQA Guidelines section 15162 must be present before either a Subsequent or Supplemental EIR is required. Here, none of those conditions are present. These conditions are:

Substantial changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; ii, Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or
iii. New information has come to light showing new impacts, substantially more severe impacts, that mitigation measures or alternatives previously found to be infeasible would actually be feasible, or that mitigation measures or alternatives previously not identified would reduce impacts.

This is also consistent with CEQA Guidelines section 15152(f), which the Appellant incorrectly claims prohibits use of addenda when the original EIR is a Program EIR. Section 15152(f) states, " A later EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR." For the subject project, the other analysis" ( including technical studies and the text of the Addendum) found that no additional significant effects would occur beyond those already addressed in the 2010 EIR. An addendum is therefore the appropriate CEQA document.

That the City has complied with the Housing Opportunity Ordinance HOO) requirements. The HOO does not apply to the project because the project does not exceed the residential density permitted in the General Plan. As recently amended, the HOO only applies when a project requires a General Plan Amendment.

Resolution No. 2020-093

City Council 12 – 10 12/5/2023
The Appellant' s comment letter cites to an outdated and superseded version of Section 41- 1902(b)( 1). The HOO was amended on September 1, 2020, and the comment letter does not reflect the amended language. While previously, Section 41- 1902( b)( 1) applied the HOO to any project that exceeded the maximum density permitted by zoning, the recent amendments remove this reference. As amended, the HOO now only applies when a residential project proposes a residential density above the General Plan permitted density. The 4th and Mortimer Mixed -Use Development project is consistent with the General Plan. No General Plan Amendment is required for the Project.

The Project seeks only a zone change, on only a portion of the project site. No density allowance above that currently permitted by the site' s General Plan designation is proposed. Therefore, the HOO does not apply.

III. The Planning Commission did not abuse its discretion and did consider comments submitted by Lozeau Drury, LLP, on behalf of SAFER. The Planning Commission considered Mr. Drury' s public comment and received input from the City Attorney and the City's environmental consultant regarding the whether the addendum prepared for the project was the appropriate document. Both the City Attorney and the consultant were confident that no subsequent CEQA analysis was required for the project other than the addendum which was prepared.

Again, this was based on the fact that the technical studies evidenced that an EIR Addendum to the previously -certified 2010 EIR was the appropriate CEQA document to evaluate and disclose the project's impacts. Therefore, the Planning Commission did consider Mr. Drury's comments and concerns but agreed with staff's recommendation that the addendum was the appropriate environmental document.

Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission' s decision, and the appeal, hereby finds and determines that the Planning Commission' s decision was not made in error, that the Planning Commission' s decision was not an abuse of discretion by the Planning Commission and that the Planning Commission' s decision was supported by substantial evidence in the record.

Section 3. In accordance with the California Environmental Quality Act CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows:

Based on the substantial evidence set forth in the record, including but not limited to the Environmental Impact Report ( EIR) for the Transit Zoning Code Project SCH NO. 2006071100) and the 2020 4th and Mortimer Mixed -Use Development EIR Addendum, the City Council finds that an addendum is the appropriate document for Resolution No. 2020-093

City Council 12 – 11 12/5/2023
disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because:

A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects.

C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the Following: ( i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; ( ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; ( iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the Applicant declined to adopt such measures; or ( iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the Applicant declined to adopt.

Further, the City Council finds that, pursuant to State CEQA Guidelines Section 15164, only minor changes or additions to the 2010 EIR are necessary to address the proposed project. In making this finding, the City Council has considered both the Addendum and the certified, final 2010 EIR.

Section 4. The Applicant shall indemnify, protect, defend and hold the City and/ or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures ( including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions ( collectively " Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof ( including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Resolution No. 2020-093

City Council 12 – 12 12/5/2023
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094. 5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 5. The City Council of the City of Santa Ana hereby denies Appeal Application No. 2020-02, thereby upholding the Planning Commission' s approval of an Addendum to the Environmental Impact Report ( EIR) for the Transit Zoning Code Project (SCH NO. 2006071100), mitigation monitoring and reporting program, Site Plan Review No. 2020-03 as conditioned, and Variance No. 2020-06 as conditioned. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated December 1, 2020, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 15t day of December, 2020.

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:.(,/ (• nl
Lisa Storck
Assistant City Attorney
Resolution No. 2020-093

City Council 12 – 13 12/5/2023
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Bacerra, Mendoza, Penaloza, Solorio,
Villegas (5)
None (0)
Pulido, Sarmiento ( 2)
NOT PRESENT: Councilmembers None (0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020- 093 to be the original resolution adopted by the City Council of the City of Santa Ana on December 1, 2020.

Date: 1?.

Daisy Gom z
Clerk of the Council
City of Santa Ana
Resolution No. 2020-093

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Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Grant Application for Pressure Reducing Station Relocation Project

AGENDA TITLE
Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (Non-General Fund)

RECOMMENDED ACTION
Adopt a Resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to exceed $1,801,250.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM GRANT PROGRAM FOR THE PRESSURE REDUCING STATION NO. 2

RELOCATION AND EMERGENCY BOOSTER STATION PROJECT
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana’s water service area is generally divided into the upper zone north of I-5 and the lower zone south of I-5. The upper zone has higher water pressures, which allows for the water pumped in this zone to be supplied to the lower zone during periods of low demand. However, due to the presence of per-and polyfluoroalkyl substances (PFAS) recently detected in the upper zone’s groundwater supply, this source may become unavailable. To provide the upper zone with necessary water in case it loses its groundwater supplies, the City of Santa Ana will construct an emergency booster pump station (EBPS) and relocate its existing Pressure Reducing Station No. 2 (PRS2) to supply the upper zone with water imported from the Metropolitan Water District of Southern California.

The City of Santa Ana has recently purchased property located at 315 East 17th Street, where it plans to construct the improvements for the PRS2 and EBPS as part of the City Council 13 – 1 12/5/2023
Grant Application for Pressure Reducing Station Relocation Project December 5, 2023

Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project (Project). The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation’s WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Drought Response Program for this type of project. The program provides different levels of funding and up to a maximum of $5,000,000 in grant funding, but not to exceed 50% of the total project cost. If the grant application is successful, the grant funding would offset a significant portion of the Project costs.

Staff recommends adopting a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation’s Sustain and Manage America’s Resources for Tomorrow Drought Response Program Grant for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Pump Station Project, in an amount not to Exceed $1,801,250. (Exhibit 1)

FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time.

EXHIBIT(S)

1. Resolution
Submitted By: Nabil Saba, P. E., Executive Director Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 13 – 2 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT
FUNDING BY THE BUREAU OF RECLAMATION’S

WATERSMART DROUGHT RESPONSE PROGRAM GRANT
PROGRAM FOR THE PRESSURE REDUCING STATION NO.
2 RELOCATION AND EMERGENCY BOOSTER STATION

PROJECT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. The City’s potable water comes from a combination of an underground basin which is pumped through wells, and imported water.

B. The region’s water supply is limited due to recent recurring droughts C. The City relies on local groundwater
D. The City’s upper zone is served primarily by imported water via a connection with Metropolitan Water District of Southern California at Pressure Reducing Station 2.

E. The Pressure Reducing Station No. 2 Relocation and Emergency Booster Station Project (the “Project”) will relocate the Pressure Reducing Station 2 and construct a new Emergency Booster Station.

F. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation’s WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Drought Response Program for this type of project. The program provides two levels of funding and up to a maximum of $2,000,000 in grant funding for Funding Group II, but not to exceed 50% of the total project cost.

G. The City desires to fund part of the cost of the Project with grant funding from the WaterSMART Drought Response Program.

Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of Public Works, or designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation’s WaterSMART Drought Response Program for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Station Project up to the amount of $2,000,000.

EXHIBIT 1
City Council 13 – 3 12/5/2023
Resolution No. 2023-XXX

Section 3. The Executive Director of Public Works, or designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto.

Section 4. The Executive Director of Public Works, or designee, is designated to represent the City of Santa Ana in carrying out the City’s responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $2,000,000 in matching funds for the Pressure Reducing Station No. 2 Relocation and Emergency Booster Station Project plus any remaining balance.

Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ____________, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council 13 – 4 12/5/2023
Resolution No. 2023-XXX

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.

Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 13 – 5 12/5/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Caltrans Clean California Local Grant Program

AGENDA TITLE
Resolutions Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the Santa Ana Regional Transportation Center Beautification Projects

RECOMMENDED ACTION

1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF

THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA

REGIONAL TRANSPORTATION CENTER PAINTING AND WROUGHT IRON

FENCING PROJECT

2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute a grant agreement with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF

THE PUBLIC WORKS AGENCY TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SANTA ANA

REGIONAL TRANSPORTATION CENTER OUTDOOR WATER FOUNTAIN

RENOVATION PROJECT
GOVERNMENT CODE §84308 APPLIES: No
City Council 14 – 1 12/5/2023
Caltrans Clean California Local Grant Program
December 5, 2023

DISCUSSION
In September 1985, the Santa Ana Regional Transportation Center (SARTC) opened and has since been a major transportation hub in Orange County. Located at 1000 East Santa Ana Boulevard, SARTC serves as a hub for various transportation services, including Amtrak intercity rail service, Metrolink commuter rail service, and several local and regional bus services (i.e. Orange County Transportation Authority (OCTA), Greyhound, and other bus services). The Spanish and Mediterranean Revival architectural style of the SARTC features ceramic red barrel roof tiles, stucco-style walls, and extensive use of painted tiles for decoration. Many features are original to the facility.

On August 31, 2023, the City submitted two grant applications to the Clean California Local Grant Program. The latest initiative provides funding to cities and local agencies to clean and revitalize public places, including transit centers. On October 9, 2023, the State of California announced that grant applications for the following SARTC projects were awarded funding. The grant does not require matching funds. • SARTC Painting and Wrought Iron Fencing Project - $1,475,000 The existing exterior paint of the SARTC has faded and chipped, leaving the facility appearance neglected and outdated. The existing wrought iron fence is worn out with significant rust requiring removal and/or replacement. The proposed project to repaint the exterior of the SARTC and repair the wrought iron fencing aims to provide an appealing and pleasing commuting environment for the community and overall region. This entails the removal of existing wrought iron fencing and installation of new perimeter fencing (Exhibit 1). • SARTC Outdoor Water Fountain Renovation Project - $500,000 As the main art installation of the SARTC’s entrance, the outdoor water fountain intends to enhance the commuter experience by providing a tranquil environment. The water fountain has been inoperable for over five years and requires updates including repainting and cleaning and replacing of filtration equipment. After careful inspection and consideration, it was concluded that the water fountain, including everything in the fountain operation needs replacement.

The design includes removing the existing outdoor water fountain and replacing it with a new fountain, including plumbing, pump, and electrical components (Exhibit 2)
As a component of the grant award process, resolutions authorizing the Executive Director of the Public Works Agency to execute Restricted Grant Agreements (RGA) for both projects are required.

City Council 14 – 2 12/5/2023
Caltrans Clean California Local Grant Program
December 5, 2023

FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time.

EXHIBIT(S)

1. Resolution – SARTC Painting and Wrought Iron Fencing

2. Resolution – SARTC Outdoor Water Fountain Renovation Submitted By: Nabil Saba, P. E., Executive Director, Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 14 – 3 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR

OF THE PUBLIC WORKS AGENCY TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE SANTA ANA REGIONAL

TRANSPORTATION CENTER PAINTING AND WROUGHT

IRON FENCING PROJECT
WHEREAS, the City of Santa Ana is eligible to receive State funding for certain transportation-related work through the California Department of Transportation; WHEREAS, the City of Santa Ana Public Works Agency submitted a successful application for funding from the Clean California Local Grant Program for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project; WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City Council wishes to delegate authorization to execute these Agreements and amendments thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The Executive Director of the Public Works Agency, or designee, is authorized to execute all Grant Agreements and any amendments thereto with the California Department of Transportation for the Santa Ana Regional Transportation Center Painting and Wrought Iron Fencing Project.

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of December, 2023.

Valerie Amezcua
Mayor
EXHIBIT 1
City Council 14 – 4 12/5/2023
Resolution No. 2023-XXX

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.

Date:

Jennifer L. Hall
City Clerk
City Council 14 – 5 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR

OF THE PUBLIC WORKS AGENCY TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE SANTA ANA REGIONAL

TRANSPORTATION CENTER OUTDOOR WATER

FOUNTAIN RENOVATION PROJECT
WHEREAS, the City of Santa Ana is eligible to receive State funding for certain transportation-related work through the California Department of Transportation; WHEREAS, the City of Santa Ana Public Works Agency submitted a successful application for funding from the Clean California Local Grant Program for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project; WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City Council wishes to delegate authorization to execute these Agreements and amendments thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The Executive Director of the Public Works Agency, or designee, is authorized to execute all Grant Agreements and any amendments thereto with the California Department of Transportation for the Santa Ana Regional Transportation Center Outdoor Water Fountain Renovation Project.

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of December, 2023.

Valerie Amezcua
Mayor
EXHIBIT 2
City Council 14 – 6 12/5/2023
Resolution No. 2023-XXX

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.

Date:

Jennifer L. Hall
City Clerk
City Council 14 – 7 12/5/2023
City Clerk’s Office
https://www.santa-ana.org/departments/city-clerks-office/ Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Resolution Declaring Election Results

AGENDA TITLE
Resolution Declaring the Results of the November 14, 2023 Special Recall Election

RECOMMENDED ACTION
Adopt a resolution declaring the results of the Special Recall Election held in Ward 3 of the City of Santa Ana on November 14, 2023.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE

RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Pursuant to Santa Ana Charter §1205 and Election Code §11240, the Santa Ana City Council called a Special Recall Election to be held on Tuesday, November 14, 2023 for the purpose of submitting a question to the voters of whether Jessie Lopez should be recalled (removed) from the office of Councilmember for Ward 3. On November 29, 2023, the Orange County Registrar of Voters certified the results of the canvass of the November 14, 2023 City of Santa Ana Special Recall Election.

Elections Code §10262(a) requires the City Clerk, upon receipt of the results of the election from the Orange County Registrar of Voters, to certify the results to the governing body and pursuant to Elections Code §§10263 and 10264, the City Council must adopt a resolution reciting the fact of the election results.

A total of 6,863 votes were cast in the November 14, 2023 Special Recall Election, with a majority of the votes on the recall voting “No.”
City Council 15 – 1 12/5/2023
Resolution Declaring Election Results
December 5, 2023

The votes were as follows:

Shall Jesse Lopez be recalled (removed) from the office of Councilmember for Ward 3, Santa Ana?
YES 2,993
NO 3,867
The accompanying resolution (Exhibit 1) and Certificate of Registrar of Voters to Result of the Canvass of the City of Santa Ana Special Recall Election Returns (Exhibit 2) reflect the full, true, and correct Statement of Vote of the Special Recall Election held on November 14, 2023. By adopting the resolution, the City Council declares the results of the election that Jessie Lopez is not recalled from the office of Councilmember for Ward

3. Accepting the election results as certified by the County of Orange Registrar of Voters will enter the vote into the official record of the City and allow for certification and the confirmation of the November 14, 2023 special election.

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

Submitted By: Jennifer L. Hall, City Clerk
Approved By: Tom Hatch, Interim City Manager
Exhibits: 1. Resolution Certifying Election

2. Certificate of Registrar of Voters
City Council 15 – 2 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA RECITING THE FACT OF THE SPECIAL

MUNICIPAL RECALL ELECTION HELD ON TUESDAY,
NOVEMBER 14, 2023, DECLARING THE RESULT, AND

SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. A Special Municipal Recall Election was held in the City of Santa Ana on November 14, 2023, to propose the question to the voters whether to remove Jessie Lopez from the office of Councilmember for Ward 3.

B. Pursuant to Elections Code section 10264, the results of said election, including the whole number of votes cast in the City, the measure voted upon, and the number of votes given in the City for and against each measure, are set forth in the Certificate of Registrar of Voters to Result of the Canvass of the City of Santa Ana Special Recall Election returns attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth.

C. City Charter Section 406 provides that “[t]he City Council shall be the judge of the election and qualifications of its members as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any.”
D. City Charter section 1205 specifies that “the powers of the initiative and referendum and of the recall of elected municipal offices are hereby reserved to the electors of the City. Unless otherwise provided by ordinance, hereafter enacted, the provisions of the elections code of the State of California, as the same now exist or may hereafter be amended, governing the initiative, the referendum, and the recall of the municipal officers shall apply to use thereof in the City insofar as such provision of the elections code are not in conflict with this charter.”
E. California Elections Code section 10262(a) provides in pertinent part that “[u]pon completion of the canvass, the elections official shall certify the results to the governing body, which shall not later that the fourth Friday after the election, comply with the applicable provisions of section 10263.” F. California Elections Code section 10263 requires the governing body shall adopt a resolution reciting the fact of the election and the other matters City Council 15 – 3 12/5/2023
Resolution No. 2023-XXX

enumerated in Section 10264 which includes entry on record of statement of the result of the election.

G. The City Council does declare and determine that, as a result of the election, a majority of the voters voting on the measure relating to the recall of Jessie Lopez voted in opposition thereof, and that Jessie Lopez shall remain in the office of City Councilmember for Ward 3.

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this 5th day of December, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES Councilmembers ____________
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 5, 2023.

Date _______________ ______________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 15 – 4 12/5/2023

EXHIBIT A
City Council 15 – 5 12/5/2023
City Council 15 – 6 12/5/2023
City Council 15 – 7 12/5/2023
City Council 15 – 8 12/5/2023
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 229 0.9 145 84
Orange County 26,762 229 0.9 145 84
40th Congressional District 152 1 0.7 0 1
46th Congressional District 26,610 228 0.9 145 83
34th Senate District 26,097 221 0.8 141 80
37th Senate District 665 8 1.2 4 4
68th Assembly District 24,051 210 0.9 132 78
70th Assembly District 2,559 18 0.7 13 5
73rd Assembly District 152 1 0.7 0 1
2nd Supervisorial District 26,762 229 0.9 145 84
Santa Ana 26,762 229 0.9 145 84
Santa Ana Ward Division 3 26,762 229 0.9 145 84
State Board of Equalization
(4th District)
26,762 229 0.9 145 84
4th District Court of Appeal 26,762 229 0.9 145 84
County Board of Education
Trustee Area 1
26,762 229 0.9 145 84
South Orange County
Community College District
5,916 23 0.4 16 7
South Orange County
Community College District
Trustee Area 2
5,916 23 0.4 16 7
Rancho Santiago Community
College District
20,846 206 1.0 129 77
Rancho Santiago Community
College District Trustee Area 2
8,510 66 0.8 44 22
Rancho Santiago Community
College District Trustee Area 4
439 2 0.5 2 0
Rancho Santiago Community
College District Trustee Area 5
11,897 138 1.2 83 55
Santa Ana Unified School
District
12,588 152 1.2 93 59
Santa Ana Unified School
District Trustee Area 1
11,680 148 1.3 91 57
Santa Ana Unified School
District Trustee Area 3
908 4 0.4 2 2
Tustin Unified School District 5,916 23 0.4 16 7
Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 23 0.4 16 7
Garden Grove Unified School
District
2,744 19 0.7 13 6
Garden Grove Unified School
District Trustee Area 3
2,744 19 0.7 13 6
Orange Unified School District 5,514 35 0.6 23 12
Orange Unified School District
Trustee Area 2
1,068 5 0.5 1 4
Orange Unified School District
Trustee Area 7
4,446 30 0.7 22 8
East Orange County Water
District
52 0 0.0 0 0
East Orange County Water
District Division 2
52 0 0.0 0 0
Historical 2010 - 46th
Congressional District
26,762 229 0.9 145 84
Historical 2010 - 34th Senate
District
26,762 229 0.9 145 84
Historical 2010 - 69th
Assembly District
26,762 229 0.9 145 84
Historical 2010 - State Board of
Equalization (4th District)
26,762 229 0.9 145 84
Historical 2010 - 1st
Supervisorial District
26,762 229 0.9 145 84
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 1 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 9 12/5/2023
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 229 0.9 145 84
Vote Center Totals 26,762 229 0.9 145 84
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 2 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 10 12/5/2023
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 6,634 24.8 2848 3783
Orange County 26,762 6,634 24.8 2848 3783
40th Congressional District 152 28 18.4 11 17
46th Congressional District 26,610 6,606 24.8 2837 3766 34th Senate District 26,097 6,456 24.7 2777 3676
37th Senate District 665 178 26.8 71 107
68th Assembly District 24,051 6,158 25.6 2650 3505
70th Assembly District 2,559 448 17.5 187 261
73rd Assembly District 152 28 18.4 11 17
2nd Supervisorial District 26,762 6,634 24.8 2848 3783
Santa Ana 26,762 6,634 24.8 2848 3783
Santa Ana Ward Division 3 26,762 6,634 24.8 2848 3783
State Board of Equalization
(4th District)
26,762 6,634 24.8 2848 3783
4th District Court of Appeal 26,762 6,634 24.8 2848 3783 County Board of Education
Trustee Area 1
26,762 6,634 24.8 2848 3783
South Orange County
Community College District
5,916 1,255 21.2 538 716
South Orange County
Community College District
Trustee Area 2
5,916 1,255 21.2 538 716
Rancho Santiago Community
College District
20,846 5,379 25.8 2310 3067
Rancho Santiago Community
College District Trustee Area 2
8,510 2,028 23.8 866 1162
Rancho Santiago Community
College District Trustee Area 4
439 55 12.5 15 40
Rancho Santiago Community
College District Trustee Area 5
11,897 3,296 27.7 1429 1865
Santa Ana Unified School
District
12,588 3,716 29.5 1597 2118
Santa Ana Unified School
District Trustee Area 1
11,680 3,515 30.1 1539 1975
Santa Ana Unified School
District Trustee Area 3
908 201 22.1 58 143
Tustin Unified School District 5,916 1,255 21.2 538 716 Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 1,255 21.2 538 716
Garden Grove Unified School
District
2,744 466 17.0 193 273
Garden Grove Unified School
District Trustee Area 3
2,744 466 17.0 193 273
Orange Unified School District 5,514 1,197 21.7 520 676 Orange Unified School District
Trustee Area 2
1,068 194 18.2 75 118
Orange Unified School District
Trustee Area 7
4,446 1,003 22.6 445 558
East Orange County Water
District
52 7 13.5 3 4
East Orange County Water
District Division 2
52 7 13.5 3 4
Historical 2010 - 46th
Congressional District
26,762 6,634 24.8 2848 3783
Historical 2010 - 34th Senate
District
26,762 6,634 24.8 2848 3783
Historical 2010 - 69th
Assembly District
26,762 6,634 24.8 2848 3783
Historical 2010 - State Board of
Equalization (4th District)
26,762 6,634 24.8 2848 3783
Historical 2010 - 1st
Supervisorial District
26,762 6,634 24.8 2848 3783
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 3 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 11 12/5/2023
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 6,634 24.8 2848 3783
Vote by Mail Totals 26,762 6,634 24.8 2,848 3,783
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 4 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 12 12/5/2023
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 6,863 25.6 2993 3867
Orange County 26,762 6,863 25.6 2993 3867
40th Congressional District 152 29 19.1 11 18
46th Congressional District 26,610 6,834 25.7 2982 3849 34th Senate District 26,097 6,677 25.6 2918 3756
37th Senate District 665 186 28.0 75 111
68th Assembly District 24,051 6,368 26.5 2782 3583
70th Assembly District 2,559 466 18.2 200 266
73rd Assembly District 152 29 19.1 11 18
2nd Supervisorial District 26,762 6,863 25.6 2993 3867
Santa Ana 26,762 6,863 25.6 2993 3867
Santa Ana Ward Division 3 26,762 6,863 25.6 2993 3867
State Board of Equalization
(4th District)
26,762 6,863 25.6 2993 3867
4th District Court of Appeal 26,762 6,863 25.6 2993 3867 County Board of Education
Trustee Area 1
26,762 6,863 25.6 2993 3867
South Orange County
Community College District
5,916 1,278 21.6 554 723
South Orange County
Community College District
Trustee Area 2
5,916 1,278 21.6 554 723
Rancho Santiago Community
College District
20,846 5,585 26.8 2439 3144
Rancho Santiago Community
College District Trustee Area 2
8,510 2,094 24.6 910 1184
Rancho Santiago Community
College District Trustee Area 4
439 57 13.0 17 40
Rancho Santiago Community
College District Trustee Area 5
11,897 3,434 28.9 1512 1920
Santa Ana Unified School
District
12,588 3,868 30.7 1690 2177
Santa Ana Unified School
District Trustee Area 1
11,680 3,663 31.4 1630 2032
Santa Ana Unified School
District Trustee Area 3
908 205 22.6 60 145
Tustin Unified School District 5,916 1,278 21.6 554 723 Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 1,278 21.6 554 723
Garden Grove Unified School
District
2,744 485 17.7 206 279
Garden Grove Unified School
District Trustee Area 3
2,744 485 17.7 206 279
Orange Unified School District 5,514 1,232 22.3 543 688 Orange Unified School District
Trustee Area 2
1,068 199 18.6 76 122
Orange Unified School District
Trustee Area 7
4,446 1,033 23.2 467 566
East Orange County Water
District
52 7 13.5 3 4
East Orange County Water
District Division 2
52 7 13.5 3 4
Historical 2010 - 46th
Congressional District
26,762 6,863 25.6 2993 3867
Historical 2010 - 34th Senate
District
26,762 6,863 25.6 2993 3867
Historical 2010 - 69th
Assembly District
26,762 6,863 25.6 2993 3867
Historical 2010 - State Board of
Equalization (4th District)
26,762 6,863 25.6 2993 3867
Historical 2010 - 1st
Supervisorial District
26,762 6,863 25.6 2993 3867
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 5 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 13 12/5/2023
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 6,863 25.6 2993 3867
Vote Center Totals 26,762 229 0.9 145 84
Vote by Mail Totals 26,762 6,634 24.8 2,848 3,783
Grand Totals 26,762 6,863 25.6 2,993 3,867
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 6 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 14 12/5/2023
*** End of report ***
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 7 City Council 15 – 15 12/5/2023
City Council 15 – 16 12/5/2023
City Council 15 – 17 12/5/2023
City Council 15 – 18 12/5/2023
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 229 0.9 145 84
Orange County 26,762 229 0.9 145 84
40th Congressional District 152 1 0.7 0 1
46th Congressional District 26,610 228 0.9 145 83
34th Senate District 26,097 221 0.8 141 80
37th Senate District 665 8 1.2 4 4
68th Assembly District 24,051 210 0.9 132 78
70th Assembly District 2,559 18 0.7 13 5
73rd Assembly District 152 1 0.7 0 1
2nd Supervisorial District 26,762 229 0.9 145 84
Santa Ana 26,762 229 0.9 145 84
Santa Ana Ward Division 3 26,762 229 0.9 145 84
State Board of Equalization
(4th District)
26,762 229 0.9 145 84
4th District Court of Appeal 26,762 229 0.9 145 84
County Board of Education
Trustee Area 1
26,762 229 0.9 145 84
South Orange County
Community College District
5,916 23 0.4 16 7
South Orange County
Community College District
Trustee Area 2
5,916 23 0.4 16 7
Rancho Santiago Community
College District
20,846 206 1.0 129 77
Rancho Santiago Community
College District Trustee Area 2
8,510 66 0.8 44 22
Rancho Santiago Community
College District Trustee Area 4
439 2 0.5 2 0
Rancho Santiago Community
College District Trustee Area 5
11,897 138 1.2 83 55
Santa Ana Unified School
District
12,588 152 1.2 93 59
Santa Ana Unified School
District Trustee Area 1
11,680 148 1.3 91 57
Santa Ana Unified School
District Trustee Area 3
908 4 0.4 2 2
Tustin Unified School District 5,916 23 0.4 16 7
Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 23 0.4 16 7
Garden Grove Unified School
District
2,744 19 0.7 13 6
Garden Grove Unified School
District Trustee Area 3
2,744 19 0.7 13 6
Orange Unified School District 5,514 35 0.6 23 12
Orange Unified School District
Trustee Area 2
1,068 5 0.5 1 4
Orange Unified School District
Trustee Area 7
4,446 30 0.7 22 8
East Orange County Water
District
52 0 0.0 0 0
East Orange County Water
District Division 2
52 0 0.0 0 0
Historical 2010 - 46th
Congressional District
26,762 229 0.9 145 84
Historical 2010 - 34th Senate
District
26,762 229 0.9 145 84
Historical 2010 - 69th
Assembly District
26,762 229 0.9 145 84
Historical 2010 - State Board of
Equalization (4th District)
26,762 229 0.9 145 84
Historical 2010 - 1st
Supervisorial District
26,762 229 0.9 145 84
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 1 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 19 12/5/2023
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 229 0.9 145 84
Vote Center Totals 26,762 229 0.9 145 84
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 2 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 20 12/5/2023
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 6,634 24.8 2848 3783
Orange County 26,762 6,634 24.8 2848 3783
40th Congressional District 152 28 18.4 11 17
46th Congressional District 26,610 6,606 24.8 2837 3766 34th Senate District 26,097 6,456 24.7 2777 3676
37th Senate District 665 178 26.8 71 107
68th Assembly District 24,051 6,158 25.6 2650 3505
70th Assembly District 2,559 448 17.5 187 261
73rd Assembly District 152 28 18.4 11 17
2nd Supervisorial District 26,762 6,634 24.8 2848 3783
Santa Ana 26,762 6,634 24.8 2848 3783
Santa Ana Ward Division 3 26,762 6,634 24.8 2848 3783
State Board of Equalization
(4th District)
26,762 6,634 24.8 2848 3783
4th District Court of Appeal 26,762 6,634 24.8 2848 3783 County Board of Education
Trustee Area 1
26,762 6,634 24.8 2848 3783
South Orange County
Community College District
5,916 1,255 21.2 538 716
South Orange County
Community College District
Trustee Area 2
5,916 1,255 21.2 538 716
Rancho Santiago Community
College District
20,846 5,379 25.8 2310 3067
Rancho Santiago Community
College District Trustee Area 2
8,510 2,028 23.8 866 1162
Rancho Santiago Community
College District Trustee Area 4
439 55 12.5 15 40
Rancho Santiago Community
College District Trustee Area 5
11,897 3,296 27.7 1429 1865
Santa Ana Unified School
District
12,588 3,716 29.5 1597 2118
Santa Ana Unified School
District Trustee Area 1
11,680 3,515 30.1 1539 1975
Santa Ana Unified School
District Trustee Area 3
908 201 22.1 58 143
Tustin Unified School District 5,916 1,255 21.2 538 716 Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 1,255 21.2 538 716
Garden Grove Unified School
District
2,744 466 17.0 193 273
Garden Grove Unified School
District Trustee Area 3
2,744 466 17.0 193 273
Orange Unified School District 5,514 1,197 21.7 520 676 Orange Unified School District
Trustee Area 2
1,068 194 18.2 75 118
Orange Unified School District
Trustee Area 7
4,446 1,003 22.6 445 558
East Orange County Water
District
52 7 13.5 3 4
East Orange County Water
District Division 2
52 7 13.5 3 4
Historical 2010 - 46th
Congressional District
26,762 6,634 24.8 2848 3783
Historical 2010 - 34th Senate
District
26,762 6,634 24.8 2848 3783
Historical 2010 - 69th
Assembly District
26,762 6,634 24.8 2848 3783
Historical 2010 - State Board of
Equalization (4th District)
26,762 6,634 24.8 2848 3783
Historical 2010 - 1st
Supervisorial District
26,762 6,634 24.8 2848 3783
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 3 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 21 12/5/2023
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 6,634 24.8 2848 3783
Vote by Mail Totals 26,762 6,634 24.8 2,848 3,783
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 4 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 22 12/5/2023
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 26,762 6,863 25.6 2993 3867
Orange County 26,762 6,863 25.6 2993 3867
40th Congressional District 152 29 19.1 11 18
46th Congressional District 26,610 6,834 25.7 2982 3849 34th Senate District 26,097 6,677 25.6 2918 3756
37th Senate District 665 186 28.0 75 111
68th Assembly District 24,051 6,368 26.5 2782 3583
70th Assembly District 2,559 466 18.2 200 266
73rd Assembly District 152 29 19.1 11 18
2nd Supervisorial District 26,762 6,863 25.6 2993 3867
Santa Ana 26,762 6,863 25.6 2993 3867
Santa Ana Ward Division 3 26,762 6,863 25.6 2993 3867
State Board of Equalization
(4th District)
26,762 6,863 25.6 2993 3867
4th District Court of Appeal 26,762 6,863 25.6 2993 3867 County Board of Education
Trustee Area 1
26,762 6,863 25.6 2993 3867
South Orange County
Community College District
5,916 1,278 21.6 554 723
South Orange County
Community College District
Trustee Area 2
5,916 1,278 21.6 554 723
Rancho Santiago Community
College District
20,846 5,585 26.8 2439 3144
Rancho Santiago Community
College District Trustee Area 2
8,510 2,094 24.6 910 1184
Rancho Santiago Community
College District Trustee Area 4
439 57 13.0 17 40
Rancho Santiago Community
College District Trustee Area 5
11,897 3,434 28.9 1512 1920
Santa Ana Unified School
District
12,588 3,868 30.7 1690 2177
Santa Ana Unified School
District Trustee Area 1
11,680 3,663 31.4 1630 2032
Santa Ana Unified School
District Trustee Area 3
908 205 22.6 60 145
Tustin Unified School District 5,916 1,278 21.6 554 723 Tustin Unified School District
Trustee Area 1
0 0 0.0 0 0
Tustin Unified School District
Trustee Area 4
5,916 1,278 21.6 554 723
Garden Grove Unified School
District
2,744 485 17.7 206 279
Garden Grove Unified School
District Trustee Area 3
2,744 485 17.7 206 279
Orange Unified School District 5,514 1,232 22.3 543 688 Orange Unified School District
Trustee Area 2
1,068 199 18.6 76 122
Orange Unified School District
Trustee Area 7
4,446 1,033 23.2 467 566
East Orange County Water
District
52 7 13.5 3 4
East Orange County Water
District Division 2
52 7 13.5 3 4
Historical 2010 - 46th
Congressional District
26,762 6,863 25.6 2993 3867
Historical 2010 - 34th Senate
District
26,762 6,863 25.6 2993 3867
Historical 2010 - 69th
Assembly District
26,762 6,863 25.6 2993 3867
Historical 2010 - State Board of
Equalization (4th District)
26,762 6,863 25.6 2993 3867
Historical 2010 - 1st
Supervisorial District
26,762 6,863 25.6 2993 3867
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 5 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 23 12/5/2023
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Historical 2010 - County Board
of Education Trustee Area 1
26,762 6,863 25.6 2993 3867
Vote Center Totals 26,762 229 0.9 145 84
Vote by Mail Totals 26,762 6,634 24.8 2,848 3,783
Grand Totals 26,762 6,863 25.6 2,993 3,867
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 6 CITY OF SANTA ANA Member, City Council Ward 3
City Council 15 – 24 12/5/2023
*** End of report ***
11/29/2023 1:51 PM District Results Report - November 14, 2023 Page 7 City Council 15 – 25 12/5/2023
City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Compensation for Members of City Boards and Commissions

AGENDA TITLE
Second Reading of Ordinance Amending Section 2-325 of the Santa Ana Municipal Code to Provide That Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council; Resolution Amending Resolution No. 2019-034 and Setting Compensation for all City Boards and Commissions First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.

Published in the Orange County Reporter on November 27, 2023.

RECOMMENDED ACTION

1. Adopt an ordinance amending Section 2-325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions shall be set by resolution of the City Council.

ORDINANCE NO. NS-3053 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA

MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS

AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL

2. Adopt a resolution amending Resolution No. 2019-034 and setting the compensation for all City boards and commissions.

RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2019-034 AND

SETTING COMPENSATION FOR ALL CITY BOARDS AND COMMISSIONS GOVERNMENT CODE §84308 APPLIES: No
City Council 16 – 1 12/5/2023
Compensation for Members of City Boards and Commissions December 5, 2023

DISCUSSION
At the November 21, 2023 meeting, the City Council approved the first reading of Ordinance No. NS-3053 to amend Section 2-325 of the Santa Ana Municipal Code to provide that compensation for City boards and commissions be set by resolution of the City Council. The ordinance (Exhibit 1) is now being presented to the City Council at the December 5, 2023 meeting for a second reading; if adopted, the ordinance will become effective 30 days thereafter. In effect, the ordinance removes the compensation amounts from the Municipal Code and instead provides, in part, that “[c]ompensation for City boards and commissions shall be set by resolution of the City Council.” The attached resolution (Exhibit 2) provides that each member of a City board, commission, or committee will be compensated $100 per meeting, effective July 1, 2023. The table below shows a comparison between the existing compensation amounts and the proposed compensation amounts:

Board/Commission/Committee Name Existing
Compensation
Amount per
Meeting
Proposed
Compensation
Amount per
Meeting
Arts and Culture Commission $50 $100
Community Development and Housing Commission $50 $100
Environmental and Transportation Advisory Commission $50 $100 Historic Resources Commission $50 $100
Parks, Recreation, and Community Services Commission $50 $100 Personnel Board $50 $100
Planning Commission $50 $100
Police Oversight Commission $50 $100
Rental Housing Board $50 $100
Transactions and Use Tax Measure X Citizen Oversight
Committee
$0 $100
Youth Commission $50 $100
The cost of the change in compensation for City boards and commissions will be absorbed within existing departmental budgets.

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

EXHIBIT(S)

1. Ordinance

2. Resolution
Submitted By: Daniel Soto, Principal Management Analyst Approved By: Tom Hatch, Interim City Manager
City Council 16 – 2 12/5/2023
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 2-325 OF THE

SANTA ANA MUNICIPAL CODE TO PROVIDE THAT

COMPENSATION FOR CITY BOARDS AND

COMMISSIONS SHALL BE SET BY RESOLUTION OF THE

CITY COUNCIL

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares that, in an effort to increase flexibility, respond to economic conditions, and centralize compensation for all City Boards and Commissions, the City Council desires to amend Santa Ana Municipal Code Sections 2-325 to provide that compensation for City Boards and Commissions shall be set by resolution of the City Council.

Section 2. The Santa Ana City Council hereby amends Section 2-325 of Article IV of Chapter 2 of the Santa Ana Municipal Code as follows:

Sec. 2-325. Compensation for members of boards, commissions.

1. Compensation for City boards and commissions shall be set by resolution of the city council.

2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the city when such expenditure has been appropriated by the city council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance, resolution, or order of the city council.

Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 4. This ordinance shall become effective thirty (30) days after its adoption.

City Council 16 – 3 12/5/2023
Ordinance No. NS-XXXX

Section 5. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of December, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers _________________________________
NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ____________, 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk

City Council 16 – 4 12/5/2023
Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING RESOLUTION NO. 2019-034 AND

SETTING COMPENSATION FOR ALL CITY BOARDS AND

COMMISSIONS
WHEREAS, the City of Santa Ana has many City Boards and Commissions whose members work hard to carry out the various tasks delegated by the City Council to such Boards and Commissions or to make recommendations to the City Council on various items within the purview of the Board or Commission;
WHEREAS, pursuant to Santa Ana Municipal Code Section 2-325, the City of Santa Ana had been compensating most Board and Commissioner Members at a rate of $50 a meeting;
WHEREAS, Santa Ana Municipal Code Section 2-325 has been amended and now provides for compensation for all Boards and Commissions as set by resolution of the Santa Ana City Council; and
WHEREAS, Resolution No. 2019-008 as amended by Resolution 2019-034 established the transaction and use tax measure x oversight committee as required by Santa Ana Municipal Code Section 35-214 and provided that committee members were volunteers and are not paid compensation by the City for serving on the committee (Section 2 E.);
WHEREAS, the Santa Ana City Council desires to amend Resolution No. 2019- 034 to strike reference to the committee members being unpaid and to provide in the current resolution compensation for the transaction and use tax measure x oversight committee members;
WHEREAS, the City Council desires to continue to compensate City Board and Commission members for the important work they perform and to increase said compensation from $50 a meeting to $100 a meeting to keep pace with economic conditions.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference.

Section 2. The Santa Ana City Council hereby amends Resolution No. 2019- 034 to remove Section 2 E specifying that committee members are volunteers and are not paid compensation by the City for serving on the committee.

City Council 16 – 5 12/5/2023
Resolution No. 2023-XXX

Section 3. The Santa Ana City Council hereby sets compensation for the following City Boards and Commissions as follows:

A. Community development and housing commission. One hundred dollars ($100.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance.

B. Personnel board. One hundred dollars ($100.00) per meeting.

C. Planning commission. One hundred dollars ($100.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance.

D. Historic resources commission. One hundred dollars ($100.00) per meeting, two (2) meetings maximum per month.

E. Parks, recreation and community services commission. One hundred dollars ($100.00) per meeting, two (2) meetings maximum per month.

F. Environmental and transportation advisory commission. One hundred dollars ($100.00) per meeting, two (2) meetings maximum per month.

G. Youth commission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of one hundred dollars ($100.00) per meeting.

H. Arts and culture commission. Each commission member shall receive a maximum compensation in the amount of one hundred dollars ($100.00) for attendance at one (1) regular meeting per month.

I. Police oversight commission. Each commissioner shall receive one hundred dollars ($100.00) per meeting with no more than four (4) compensated meetings per month.

J. Rental housing board. One hundred dollars ($100.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance.

K. Transactions and use tax measure x citizen oversight committee. One hundred dollars ($100.00) per meeting. The number of compensated meetings shall be determined by the Resolution to establish a citizen oversight committee set forth in Resolution No. 2019-034 or as later amended.

City Council 16 – 6 12/5/2023
Resolution No. 2023-XXX

Section 4. The increase in compensation for City boards and commissions as outlined in Section 3 of this Resolution shall be effective July 1, 2023.

Section 5. This Resolution shall take effect thirty (30) days after its adoption by a majority of the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of December, 2023.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.

Date:

City Clerk
City of Santa Ana
City Council 16 – 7 12/5/2023
Parks, Recreation, and Community Services Agency
Planning and Building Agency
Public Works Agency
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
Topic: Standard and McFadden Public Park Located at 1117 S. Standard Avenue

AGENDA TITLE
Second Reading of Ordinance Approving Amendment Application No. 2023-01 to Change the Zoning District Designation of the Public Park Located at 1117 S. Standard Avenue from Multiple-Family Residence (R-3) to Open Space Land (O) for Consistency with the General Plan Land Use Designation of Open Space First reading at the November 21, 2023 City Council meeting and approved by a unanimous vote.

Published in the Orange County Reporter on November 27, 2023.

RECOMMENDED ACTIONS

1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue;
ORDINANCE NO. NS-3054 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR
PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011- 251-38 AND 011-251-39 (from Multi-Family Residence (R-3) to Open Space Land (O)); read by title only and waive further reading.

2. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.

City Council 17 – 1 12/5/2023
Standard and McFadden Park Located at 1117 S. Standard Avenue December 5, 2023

GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY
At its regular meeting of November 21, 2023, the City Council approved the first reading of an ordinance approving Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue. In addition, the City Council (1) affirmed the Planning Commission’s adoption of Public Naming Facilities (PFN) No. 2023-01 to name subject the park to “Gerardo Mouet Park;” (2) approved Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) approved General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS).

Amendment Application (AA) No. 2023-01
In accordance with Section 41-664 of the Santa Ana Municipal Code (SAMC), staff is recommending that the City Council adopt an ordinance approving AA No. 2023-01, which is required in order to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of OS. The O district designation applies to those areas of the City that provide permanent open space. Therefore, the proposed O zoning designation is the appropriate zoning designation for the park.

Existing Zoning District Designation Proposed Zoning District Designation

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to City Council 17 – 2 12/5/2023
Standard and McFadden Park Located at 1117 S. Standard Avenue December 5, 2023

the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.

As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with these actions.

EXHIBIT(S)

1. Ordinance
Submitted By:

Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Nabil Saba, Executive Director of Public Works Agency
Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 17 – 3 12/5/2023
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2023-01 REZONING THE
PROPERTIES LOCATED 1113, 1117, 1121, AND 1125

SOUTH STANDARD AVENUE AND RECOGNIZED AS
ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18,
011-251-19, 011-251-20, 011-251-38 AND 011-251-39

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. The City of Santa Ana (“City”) is requesting approval of Amendment Application (AA) No. 2023-01 to amend the zoning district designation of the properties located at 1113, 1117, 1121, and 1125 South Standard Avenue and recognized as Assessor Parcel Numbers (APNs) 011-251-17, 011-251- 18, 011-251-19, 011-251-20, 011-251-38 and 011-251-39 (collectively known as 1117 South Standard Avenue) from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of Open Space (OS).

B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.

C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.

D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.

E. The City, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS).

City Council 17 – 4 12/5/2023
Ordinance No. NS-XXXX

F. On October 23, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving AA No. 2023-01 which is consistent with the General Plan land use designation of the subject properties.

G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan.

H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 21, 2023.

I. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 21, 2023, accompanying this matter.

J. For these reasons, and each of them, AA No. 2023-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.

Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.

There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.

City Council 17 – 5 12/5/2023
Ordinance No. NS-XXXX

Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein.

Section 5. AA No. 2023-01 shall not enter into full force and effect until the current change in the site’s Land Use Designation as requested by GPA No. 2023-01 is approved and in full force and effect.

Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2023-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 21st day of November, 2023.

___________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 17 – 6 12/5/2023
Ordinance No. NS-XXXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-_____________to be the original ordinance adopted by the City Council of the City of Santa Ana on __________________, 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 17 – 7 12/5/2023
A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE - B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE - OZ OVERLAY ZONE C1- MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT - HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE

PLANNED RESIDENTIAL

DEVELOPMENT - PRD
City of Santa Ana, California

ZONING DISTRICTS

HALLADAY ST

MAPLE ST

CEDAR ST

BISHOP ST

HOBART ST

CYPRESS AV

WILSHIRE
AV

ORANGE AV
UP RR

RUSSELL AV
UP
RR

HIGHLAND ST

RICHLAND ST

BISHOP ST

CEDAR ST

PINE ST

WALNUT ST

EVERGREEN ST

HALLADAY ST
OAK ST

MINNIE ST

WALNUT ST

MAPLE ST

PINE ST
OAK ST

MYRTLE ST

CAMILE ST
BUSH
ST
UP RR

OLD MCFADDEN AV

WAKEHAM AV

GRANT ST

MYRTLE ST

WILSHIRE AV

MINNIE ST

LACY ST

GARFIELD
ST

CYPRESS AV
OAK ST

RUSSELL AV
WARREN
ST

MINNIE ST
OAK ST

SANTA FE ST

HICKORY
ST
OAK ST

ORANGE AV

MAPLE ST

RUSSELL
AV

WAKEHAM AV

BEVERLY PL

OXFORD ST

WILSHIRE
AV

GRIFFITH
PL

BISHOP ST

HATHAWAY
ST

WALNUT ST

WILSHIRE AV

GRIFFITH PL

MYRTLE ST

SYCAMORE ST

CYPRESS AV

ORANGE AV

OXFORD ST

GRANT ST

NORMANDY PL

HARWOOD PL

WISTERIA PL

SYCAMORE ST

PINE ST

OXFORD ST

CAMILE ST

HATHAWAY ST

HICKORY ST

KILSON DR

SYCAMORE ST

HATHAWAY ST

GRANT ST

WAKEHAM AV

WISTERIA PL

NORMANDY PL

HARWOOD PL

HUNTER AV

NORMANDY PL

WAKEHAM AV

KILSON DR

CEDAR ST
UP RR

HALLADAY ST

H CI KORY ST
UP RR
UP RR

OCTA METROLINK RR

CUBBON ST

HICKORY ST

CAMILE ST

PINE ST

WALNUT ST

HUNTER AV

MCCLAY ST

OCTA METROLINK RR
E 1ST ST

E CHESTNUT AV

S STANDARD AV

W MCFADDEN AV

W CHESTNUT AV

E MCFADDEN AV

S GRAND AV
W 1ST ST

N MAIN ST

N GRAND AV

S MAIN ST
C2/OZ1
C2/OZ1
SD84/M1 SD84/M2
SD84/M2
SD84/M2
SD89/OZ1
R2/OZ1
SD84/M2
SD84/M2
SD84/M2 C2/OZ1
R2-B
R1-PRD
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
R2-B
R3-B
C2-HDII C2-HDII
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
C2-HDII
R2-B
R2-B
C2-HDII
R2-B
R2-B
R3-B
C1
C2 C2 C2
C2
C4
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1 M1 M1 M1 M1
M2
M2
M2
M2
M2
M2
M2
O
O
O
O
O
O
O
O
O
O
O
O
O
O
R1
R1
R1 R1
R1
R1 R1
R1 R1
R1
R1
R1
R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1
R1 R1 R1 R1
R1 R1
R1
R1 R1 R1
R1 R1
R1 R1
R1 R1
R1
R1 R1
R1 R1
R1 R1
R1
R1
R1
R1
R1
R1
R1
R1 R1
R1
R1 R1
R1
R1 R1 R1 R1
R1
R1
R1
R1 R1
R1
R1
R1
R1
R1
R1 R1 R1 R1 R1
R1 R1 R1 R1 R1 R1
R2
R2
R2
R2
R2
R2
R2
R2 R2
R2
R2
R2
R2 R2
R2
R2
R2
R2 R2 R2 R2
R2
R2
R3 R3
R3
R3 R3 R3 R3 R3 R3 R3
R3 R3 R3 R3 R3 R3
R3 R3 R3
R1 R3
R3 R3
R3 R3
R3 R3 R3 R3 R3 R3 R3
R3
R3
R3 R3 R3 R3
R4
R4
SD16
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40 SD40
SD40
SD40
SD40 SD72
SD84 SD84 SD84 SD84 SD84
SD84 SD84 SD84 SD84 SD84 SD84 SD84 SD84 SD84
R3
R3
O O
19-5-9 20-5-9 17-5-9
7-5-9 8-5-917-5-97-5-9 12-5-10 13-5-10
19-5-9 24-5-10 13-5-10
Exhibit: A
Print Date: 03/05/20
Sectional District Map: 18-5-9 I
City Council 17 – 8 12/5/2023
Planning and Building Agency
santa-ana.org/departments/planning-and-building
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Central Pointe Mixed-Use Development Fee Deferral Request (1801 E Fourth Street)

AGENDA TITLE
Fee Deferral Agreement for the Central Pointe Mixed-Use Development Located at 1801 E. Fourth Street

RECOMMENDED ACTION
Based on the discussion in this staff report, it is recommended that the City Council take one of the following two actions:

1. Deny a request by the applicant to execute a fee deferral agreement for the Central Pointe mixed-use development located at 1801 E. Fourth Street, OR

2. Authorize the City Manager to execute a fee deferral agreement for the Central Pointe mixed-use development located at 1801 E. Fourth Street (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

EXECUTIVE SUMMARY
California Government Code Section 66007 et seq. provides for applicants of development projects containing housing units to request a deferral of impact fees from the agencies that require payment of such fees upon permit issuance. While such deferral requests require approval when the development projects contain onsite affordable housing units, requests for impact fee deferrals for market-rate housing projects are subject to discretion of the local decision-making body. Staff has evaluated the Government Code’s provision of discretion in the matter. The information provided by the applicant does not indicate sufficient evidence of financial hardship or other compelling factors that warrant a staff recommendation to approve the applicant’s request.

City Council 18 – 1 12/5/2023
Central Pointe Mixed-Use Development Fee Deferral Request (1801 E. Fourth Street) December 5, 2023

DISCUSSION
Jason Silver, on behalf of Ledcor and Central Pointe Phase I Development Partners LP, is requesting approval of a fee deferral agreement for the Central Pointe mixed-use development located at the vacant site collectively known as 1801 E. Fourth Street. The request is being presented to the City Council for consideration pursuant to California Government Code 66007 et seq.

Project and Entitlements Background
On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street in the Metro East Mixed Use (MEMU) Overlay Zone. Taking into account the results of the global COVID19 pandemic and its effects on securing funding, labor, and construction materials, and increases in interest rates, the City Council has approved two requests by the applicant for one-year entitlement extensions on July 19, 2022 and again on September 19, 2023.

Entitlements for the project are now extended to November 9, 2024.

Request for Fee Deferral
With the extended entitlement expiration looming, the applicant began to explore additional means to ensure the viability of the project in summer 2023. Among these steps was extending the entitlements until November 2024. However, the applicant has submitted a request to defer the payment of impact fees (Exhibit 1). The request is for the City to defer the collection of the development impact fees until prior to occupancy permit issuance instead of requiring payment of the fees at the time of building permit issuance.

Analysis
The intended goal of the collection of development impact fees at the time of building permit issuance is to ensure that the payment of the fees is completed prior to the vesting of development rights by a project developer. Development impact fees for development projects include customary fees to defray costs for the City to provide development services under the permit, outside agency fees as applicable, and established development impact fees. While deferral of collection of development impact fees is not a routine practice, the Owner has submitted their request under California Government Code Section 66007 and the City is required to consider the request.

If approved, key terms of the agreement (Exhibit 2) would include:
• Fee Deferral and Amount. The deferred collection of the Development Impact Fees in the estimated amount of approximately $5.2 million. • Deferral Period. The development impact fees will be deferred until the final inspection or issuance of a certificate of occupancy for the project, whichever comes first.

City Council 18 – 2 12/5/2023
Central Pointe Mixed-Use Development Fee Deferral Request (1801 E. Fourth Street) December 5, 2023

• Extension. An extension of the Agreement may only be granted by the City Council.
• Payment Security. Payment of fees are a personal obligation of the Owner, or any successor secured by the Property, and if left unpaid, shall be collected as a special lien against the property.
• Recordation of Agreement and Lien Against Property. Upon the execution, the Agreement will be recorded in the Official Records of the County of Orange and the Agreement shall contractually bind Owner to pay the development impact fees and shall constitute a lien against the Property.

Santa Ana Municipal Code (SAMC) Sections 8-1967(A)(3) and 35-111 require payment of permit fees and residential development fees at the time of building permit issuance.

California Government Code Section 66007(a) states that "any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." This section generally provides that the City shall not require the payment of development impact fees until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first.

However, pursuant to Government Code Section 66007(b)(1), “the local agency may require the payment of those fees or charges at an earlier time if (A) the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures previously made.” Pursuant to Government Code Section 66007(b)(2)(A), the City is required to approve fee deferral requests only for projects containing onsite affordable housing units. As the subject project does not contain onsite affordable housing units, the City Council may exercise its discretion when considering the applicant’s request.

While the City Council has approved fee deferral requests for projects containing onsite affordable housing units, the applicant’s request is unique in that the project is entirely market-rate (no onsite affordable housing units). Moreover, the City has recently processed similar market-rate, multi-family residential developments that have confronted rising interest rates, such as the Fourth and Mortimer mixed-use development (409 & 509 E. Fourth Street), Cabrillo Crossing (1814 E. First Street), Haphan Residential (3025 W. Edinger Avenue), Legado at the Met (200 E. First American Way), Santa Ana Lyon Townhomes (717 S. Lyon Street), and The Row at Redhill (2300 S. Redhill Avenue). All of these projects were able to successfully pull permits and commence site activities during the period in which interest rates began to increase. Approval of the fee deferral would set precedence for requests from similar City Council 18 – 3 12/5/2023
Central Pointe Mixed-Use Development Fee Deferral Request (1801 E. Fourth Street) December 5, 2023

developments that are either in plan check or being built in phases. If approved, these requests would result in a cascading effect to the City’s budget stemming from delayed collection of impact fees. Based on these factors, the Government Code’s provision of discretion in the matter, and the information provided by the applicant, there is insufficient evidence of financial hardship or other compelling factors that warrant a staff recommendation to approve the applicant’s request.

FISCAL IMPACT
If the applicant’s request is approved, the total estimated development impact fees to be deferred for the project is estimated to be as follows:

Accounting Unit &
Account No.

Fund Description Accounting Unit
Description
Amount
31213002 53300 Residential
Development Fee
Park Acquisition and
Development Fees
$2,901,525.00
12015002 53700 Fire Facilities Fees Fire Facilities Fees $735,403.00 04817002 50300 Transportation
System Improvement
Area C-2
Transportation
System Area
Improvement Fee
$880,945.55
22517002 50500 Local Drainage Area
V
Drainage Fee $79,511.96
05517002 53701 Sewer Connection
Fee
Sewer Connection
Fee
$495,921
06017002 53709 Public Works Water
Revenue
Connection Charge $130,506
Total $5,223,812.51
The final fee amount to be deferred will be calculated at the time of the final inspection or issuance of a certificate of occupancy for the project, whichever comes first. There is no negative fiscal impact as the deferred amount will be paid back to the City.

In addition to City of Santa Ana impact fees, the City collects fees on behalf of outside agencies. For the subject project, the applicant is also required to pay Orange County Sanitation District and Eastern Foothill Transportation Corridor impact fees. It is the applicant’s responsibility to request fee deferrals directly from each outside agency for those respective impact fees.

EXHIBIT(S)

1. Fee Deferral Request

2. Draft Agreement
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 18 – 4 12/5/2023
City Council 18 – 5 12/5/2023
City Council 18 – 6 12/5/2023

RECORDING REQUESTED BY

AND WHEN RECORDED,
MAIL TO:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: City Clerk
APN: 400-061-05, 400-061-07, 400-061-08 SPACE ABOVE THIS LINE FOR RECORDER’S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
between

THE CITY OF SANTA ANA
a charter city and municipal corporation of the State of California and
Central Pointe Phase 1 Development Partners, LP & Central Pointe Phase 2 Development Partners, LP
[Dated as of December 5, 2023]
City Council 18 – 7 12/5/2023

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT

1. PARTIES AND EFFECTIVE DATE.

This Development Impact Fee Deferral Agreement (“Agreement”) is entered into on this 5th day of December, 2023, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Central Pointe Phase 1 Development Partners, LP & Central Pointe Phase 2 Development Partners, LP (“Owner”). City and Owner are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Owner is the owner of the projects known as Central Pointe Phase 1 and Central Pointe Phase 2 located at 1751 and 1851 E. Fourth Street (collectively, 1801 E. Fourth Street) in Santa Ana, CA (“Projects) and more particularly described in Exhibit “A” attached hereto. Owner is the developer of the two mixed-use buildings, a 325-unit (Phase I. 1851 E. Fourth Street), and a 319-unit (Phase II, 1751 E.

Fourth Street) multi-family development. Both of which consist of retail/restaurant spaces on the first level and Type III-A construction building with 5-level wood frame structure and a concrete parking structure with pool deck and other amenities serving the apartment building with direct access on each level. Owner has received City approval and is in the process of obtaining the building permits;

2.2 Prior to issuance of any building permits, the City currently requires the payment of various development impact fees for all residential projects to help address the impacts of new development;

2.3 On November 3, 2023 Owner submitted a written request formally requesting the deferral of specific development impact fees for the Property pursuant to California Government Code section 66007; and,

2.4 City and Owner desire to execute this Agreement to defer certain development impact fees applicable to the Property and place a lien on the Property to secure payment of these fees, pursuant to the terms and conditions set forth herein.

3. TERMS.

3.1 Deferral of Development Impact Fees.

3.1.1 Deferral of Development Impact Fees. City and Owner agree that the development impact fees (“Subject Fee(s)”) and amount as shown on Exhibit “B,” for the Projects ordinarily due before issuance of a building permit for any new residential units on the Property (including manager’s units) will be deferred until immediately prior to the final inspection or issuance of Certificate of Occupancy (COC), for any new residential units on the Property, whichever occurs first (“Deferral Period”) for each of the two independent project phases described in Section 2.1. City and Owner acknowledge and agree that the City Council may, in its sole and absolute discretion and during a regular, regular adjourned, or a special meeting of the City Council, extend the deadline for payment of the Subject Fees without obtaining the approval of Owner or an amendment or modification of this Agreement. Any extension granted by the City Council pursuant to this Section 3.1.1 shall automatically be deemed to be part of the Deferral Period for purposes of this Agreement.

City Council 18 – 8 12/5/2023

3.1.2 Payment of Subject Fees. Owner, or its successor in interest to the Property or any portion thereof, shall be liable for the payment of the Subject Fees pursuant to this Agreement. The Subject Fees for a residential building constructed between Phases I and II described in Section 2.1 shall be due and payable at the termination of the Deferral Period for each respective project phase. No certificate of occupancy or temporary certificate of occupancy shall be issued for the building, any portion, or any residential units thereof on the Property unless and until all Subject Fees ordinarily required to have been paid absent this Agreement have been paid in full for each respective project phase (Phase I or Phase II). Said Subject Fees shall be due to each Project Phase independently for Phase I and separately for Phase II.

3.1.3 Subject Fee Amount. Except as may otherwise be provided for by a statutory development agreement for the Property, as approved by the City, the amount of the Subject Fee for each residential unit to be developed on the Property shall be determined according to the rate of the Subject Fee adopted by the City and in effect on the date when the building permit for the residential building is issued by the City. Upon issuance of each building permit, the City shall complete and attach the form set forth in Exhibit “B” to this Agreement to reflect the amount of the Subject Fee applicable at the time of issuance of that building permit and attach a copy of the building permit, which shall collectively thereafter be incorporated as part of this Agreement.

3.1.4 Obligation for Payment of Subject Fee. Owner hereby acknowledges and agrees that Owner’s obligation to pay the Subject Fees shall continue and remain an obligation of Owner, or any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any Subject Fees that remain unpaid following the time that they are required to be paid may be collected by the City as a personal obligation of the Owner, or any successor of Owner, as a special assessment against the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing.

3.2 Covenant of Owner. Owner covenants that he, she or it is eligible to enter into this Agreement and has fulfilled the requirements for approval of deferral for the Subject Fees. Should Owner and/or the Property be deemed at any time prior or subsequent to execution of this Agreement to be ineligible for a deferral of Subject Fees regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of Subject Fees, City may terminate this Agreement and require all Subject Fes ordinarily required to have been paid absent this Agreement to be immediately paid in full.

3.3 Recordation of Agreement. Upon the execution of this Agreement, the City shall cause this Agreement to be recorded in the Official Records of the County of Orange, California. All costs assessed by the County of Orange for recordation of this Agreement shall be paid by the Owner.

3.4 Lien against Property. From and after its execution, this Agreement shall contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall constitute a lien against the Property in an amount equal to the total Subject Fees, pursuant to Government Code section 66007(c)(2).

Upon payment to City of the total amount of the Subject Fees for the Property, City shall, at the request of the Owner, execute and record in the Official records of the County of Orange, California, a release of the lien from the Property in substantially the form of Exhibit “C” which is attached hereto and incorporated City Council 18 – 9 12/5/2023
herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien to Owner.

3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the promises, covenants and conditions of this Agreement and all liens against the Property subject to this Agreement shall, as provided in Government Code section 66007, run with the Property and shall be binding upon a party having or acquiring nay right, title or interest in or to the Property or any portion thereof.

3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify City in writing within three (3) business days of the sale or transfer of all or any portion of the Property by Owner.

3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this contractual obligation.

3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, and approval or a granting of any right or entitlement (vested or otherwise) by City concerning any development on the Property, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner, This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non-discretionary approvals as may be necessary for the development, maintenance or operation of the development on the Property or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City’s or any of it related agencies’ power of eminent domain or its police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health safety and welfare.

3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The City’s failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time.

3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from and against all claims, demands, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral provided by the City to Owner, this Agreement, or both, including without limitation all costs of collection, including actual attorneys’ and expert witness fees.

3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of the City, which may be given, withheld or conditioned in the City’s sole and absolute discretion. Any attempt to assign this Agreement without the City’s prior written City Council 18 – 10 12/5/2023
consent shall be null and avoid. This Agreement shall be binding on any and all permitted successors and assigns of Owner.

3.12 Governing Laws. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Courts of the State of California in the County of Orange, California, shall have exclusive jurisdiction of any litigation between the City and Owner arising out of this Agreement. Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including without implied limitation the fact that the City is a party to this Agreement, due to any diversity of citizenship between the City and Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, Owner expressly waives, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect.

3.13 Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid.

Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows:

To City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.O. Box 1988
Santa Ana, CA 92702-1988
Attention: Housing Manager
With Copy to: Office of City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Owner: Central Pointe Phase 1 Development Partners, LP & Central Pointe Phase 2 Development Partners, LP
660 Baker Street, Building C-101
Costa Mesa, CA 92626
Attention: Jason Silver

3.14 Attorneys’ Fees and Costs. Should the City or Owner bring any action or proceeding against the other, and if such action or proceeding is related to the interpretation or enforcement of this Agreement or in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled, its actual litigation costs and attorneys’ and expert witness fees. The “prevailing party” shall be as determined by the court in accordance with the City Council 18 – 11 12/5/2023
provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys’ fees include those incurred by the prevailing party in the enforcement of any judgement or other judicial order, and during, the defense of any appeal taken from such underlying judgement or other judicial order.

3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner as to the deferral of impact fees and supersedes all previous agreements, oral or written, on the subject matter of this Agreement.

3.16 Modification. This Agreement may be amended or modified only by an agreement in writing signed by each of the parties hereto.

3.17 Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of an provision.

3.18 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist.

3.19 Time is of the Essence. Time is of the essence in this Agreement.

3.20 No Third Party Beneficiaries. This Agreement and the performance of the City’s and Owner’s obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the City’s or Owner’s performance or nonperformance of their respective obligations under this Agreement.

3.21 Counterparts. This Agreement may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all parties. [Signatures on Following Page]
City Council 18 – 12 12/5/2023
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and ear first above written.

ATTEST:
______________________________
JENNIFER L. HALL
City Clerk

CITY OF SANTA ANA
_____________________________
STEVEN A. MENDOZA
Acting City Manager
APPROVED AS TO FORM:

SONIA R. CRVALHO
City Attorney
By:___________________________
Jose Montoya
Assistant City Attorney
Central Pointe Phase 1 Development Partners,
LP & Central Pointe Phase 2 Development
Partners, LP
By:__________________________________
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
City Council 18 – 13 12/5/2023
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________________
On _________________, _______, before me, _______________________________________________ (here insert name and title of the officer)
personally appeared ____________________________________________________________________ ____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_____________________________________________
Signature (Seal)
City Council 18 – 14 12/5/2023
RECOMMENED FOR APPROVAL:
______________________________

MIMH THAI
Executive Director
Planning & Building Agency
PROPERTY OWNER:

Central Pointe Phase 1 Development Partners,
LP & Central Pointe Phase 2 Development
Partners, LP
By:_________________________________
City Council 18 – 15 12/5/2023
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________________
On _________________, _______, before me, _______________________________________________ (here insert name and title of the officer)
personally appeared ____________________________________________________________________ ____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_____________________________________________
Signature (Seal)
City Council 18 – 16 12/5/2023
EXHIBIT “A” TO

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
Legal Description of Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

PARCEL 1 AS SHOWN 0N LOT LINE ADJUSTMENT NO. 85—9, AS EVIDENCED BY

DOCUMENT RECORDED
APRIL 21, 1986 AS INSTRUMENT NO. 86—157489 OF OFFICIAL RECORDS, BEING MORE

PARTICULARLY
DESCRIBED AS FOLLOWS:

ALL OF PARCELS 1, 2, AND 3, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 117, PAGE 12 OF PARCEL MAPS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID PARCEL 3, SAID LINE BEING ALSO THE NORTHERLY LINE OF FOURTH STREET (100 FEET WIDE), SAID POINT BEING DISTANT S89”Z8’15"W 95.29 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID LINE AT RIGHT ANGLES, N00”21 '4S"W 49.52 FEET; THENCE N45”21 '4S"W 364.63 FEET; THENCE S89“46’55"\/Y 161.56 FEET TO THE \/YESTERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE EASTERLY LINE OF MABURY STREET; THENCE S30”14’03”E 340.44 FEET ALONG SAID LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY 26.24 FEET ALONG SAID CURVE AND SAID WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 60”07’42” TO THE SOUTH LINE OF SAID PARCEL; THENCE N89’3815”E 228.15 FEET ALONG THE SOUTH LINE TO THE POINT OF BEGINNING. BEGINNING AT A POINT IN THE EAST LINE OF SAID PARCEL 1, SAID EAST LINE BEING ALSO THE WESTERLY LINE OF CABRILLO PARK DRIVE (80 FEET WIDE). SAID POINT BEINC N00“16’J5"W 37.69 FEET ALONG SAID LINE FROM THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID LINE S89”46’55" W 39.44 FEET; THENCE S44”38'15"W 362.48 FEET; THENCE S00”21 ’45"E 49.52 FEET TO, AND AT RIGHT ANCLES TO, THE SOUTH LINE OF SAID PARCEL 2; THENCE ALONC SAID SOUTH LINE N89”38’15"E 270.Z3 FEET TO

THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY 39.23 FEET ALONG SAID CURVE AND SOUTHERLY LINE THROUGH A CENTRAL AN6LE OF 89'54’50"; THENCE N00”16’35"W 243.08 FEET ALONG THE EAST LINE OF SAID PARCEL 2 TO THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE C0NTINUIN6 N00“16’35"\/Y 37.69 FEET TO THE POINT OF BEGINNING.

PARCEL 2:

PARCEL 2 AS SHOWN 0N LOT LINE ADJUSTMENT NO. 85—9, AS EVIDENCED BY

DOCUMENT RECORDED
City Council 18 – 17 12/5/2023
APRIL 21, 1986 AS INSTRUMENT NO. 86—157489 OF OFFICIAL RECORDS, BEINO MORE

PARTICULARLY
DESCRIBED AS FOLLOWS:

THOSE PORTIONS OF PARCELS 1 AND 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 117, PAGE 12 OF PARCEL

MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID PARCEL 1, SAID EAST LINE BEING ALSO THE \YESTERLY LINE OF CABRILLO PARK DRIVE (80 FEET WIDE), SAID POINT BEING N00”16’35"W 37.69 FEET ALONG SAID LINE FROM THE SOUTHEAST CORNER OF SAID PARCEL 1 ; THENCE LEAVING SAID LINE S89”46’55"W 39.44 FEET; THENCE S44”38’15"W 362.48 FEET; THENCE S00”21 ’45"E 49.52 FEET TO, AND AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTH LINE N89'38’15"E 270.33

FEET TO THE BECINNING OF A TANCENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY 39.23

FEET ALONG SAID CURVE AND SOUTHERLY LINE THROUCH A CENTRAL ANGLE OF 89"S4’50"; THENCE N00'16’3S"\/Y 243.08 FEET ALONG THE EAST LINE OF SAID PARCEL 2 TO THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE CONTINUING N0O'16’35"W 37.69 FEET TO THE POINT OF BEGINNING.

PARCEL 3:

PARCEL 3 AS SHOWN 0N LOT LINE ADJUSTMENT NO. 85—9, AS EVIDENCED BY

DOCUMENT RECORDED
APRIL 21, 1986 AS INSTRUMENT NO. 86—157489 OF OFFICIAL RECORDS, BEINO MORE

PARTICULARLY
DESCRIBED AS FOLLOWS:

THAT PORTION OF PARCEL 3, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 117, PAOE 1 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTH LINE OF SAID PARCEL 3, SAID LINE BEING ALSO THE NORTHERLY LINE OF FOURTH STREET (100 FEET WIDE), SAID POINT BEING DISTANT S89”Z8’15"W 95.29 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID LINE AT RIGHT ANGLES, N00”21 '4S"W 49.52 FEET; THENCE N45”21 '4S"W 364.63 FEET; THENCE S89“46’55"\/Y 161.56 FEET TO THE \/YESTERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE EASTERLY LINE OF MABURY STREET; THENCE S30”14’03”E 340.44 FEET ALONG SAID LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY 26.24 FEET ALONG SAID CURVE AND SAID WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 60”07’42” TO THE SOUTH LINE OF SAID PARCEL; THENCE N 89”38'15"E 228.1S FEET ALONG THE SOUTH LINE TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM FROM ABOVE PARCELS 1, 2 AND 3 ALL WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER 0R NOT SHOWN BY THE PUBLIC RECORDS. ALSO EXCEPTING THEREFROM FROM ABOVE PARCELS 1, 2 AND 3 THAT PORTION CONVEYED IN PARCEL 73683—1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR City Council 18 – 18 12/5/2023
COURT CASE NO. 605720, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 27, 2000 AS INSTRUMENT NO. 20000641537 OF SAID OFFICIAL RECORDS, AND AS DESCRIBED IN PARCEL 73683—1 OF DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 4, 2002 AS INSTRUMENT NO. 20020180777 OF SAID OFFICIAL RECORDS.

City Council 18 – 19 12/5/2023
EXHIBIT “B” TO

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
Subject Fees for Building Permit No. 101112500-07
The following development impact fees imposed upon the Property or portion thereof by the City of Santa Ana upon issuance of City of Santa Ana Building Permit Nos. 101112500-07 shall be deferred pursuant to the terms and conditions of this Agreement:

Accounting
Unit & Account No.

Fund Description Accounting Unit
Description
Amount
31213002 53300 Residential
Development Fee
Park Acquisition and
Development Fees
$2,901,525.00
12015002 53700 Fire Facilities Fees Fire Facilities Fees $735,403.00 04817002 50300 Transportation System
Improvement Area C-2
Transportation System
Area Improvement Fee
$880,945.55
22517002 50500 Local Drainage Area V Drainage Fee $79,511.96 05517002 53701 Sewer Connection Fee Sewer Connection Fee $495,921 06017002 53709 Public Works Water
Revenue
Connection Charge $130,506
Total $5,223,812.51
Calculations of the final fee amounts are to be determined at the time of issuance of certificate of occupancy or temporary certificate of occupancy.

City Council 18 – 20 12/5/2023
EXHIBIT “C” TO

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
Form Release of Lien
[Attached behind this cover page]
City Council 18 – 21 12/5/2023

RECORDING REQUESTED BY

AND WHEN RECORDED,
MAIL TO:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: City Clerk
APN: 400-061-05, 400-061-07, 400-061-08 SPACE ABOVE THIS LINE FOR RECORDER’S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

RELEASE OF LIEN FOR PAYMENT OF DEVELOPMENT IMPACT FEES
The City of Santa Ana, a charter city and municipal corporation of the State of California, does hereby release that leasehold interest in certain real property, as further described in Exhibit 1 attached to this Release, from the lien for payment of certain development impact fees as created by the Development Impact Fee Deferral Agreement entered into on ___________, by and between the City of Santa Ana and Shelter Providers of Orange County which was recorded on ____________________, as Document Serial No. _________ in the Official Records of the County of Orange, California (“Agreement”).

This release pertains only to the property described above and does not extend to any other property(ies). This release of lien s executed and recorded pursuant to the provisions of California Government Code section 66007.

Dated: ______________________

CITY OF SANTA ANA

By: ________________________
City Manager
Attest:
_____________________________
City Clerk
City Council 18 – 22 12/5/2023
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________________
On _________________, _______, before me, _______________________________________________ (here insert name and title of the officer)
personally appeared ____________________________________________________________________ ____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_____________________________________________
Signature (Seal)
City Council 18 – 23 12/5/2023

CITY ATTORNEY
Sonia R. Carvalho

INTERIM CITY MANAGER
Tom Hatch

CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
December 5, 2023
TOPIC
Ceasefire Resolution

COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Directing the Interim City Manager to Prepare a Resolution for City Council’s Consideration to Call in Support of a Ceasefire in Gaza

DISCUSSION
In light of recent International news, this resolution calls for the City Council of Santa Ana to voice their support of civilians in Gaza where we have seen the death toll reach record numbers. On October 7, we witnessed an unprecedented attack from Hamas killing over 1,200 Israeli citizens. Since then, Israel has declared war on Hamas, killing over 14,854 innocent civilians in Gaza, and humanitarian aid running low including food, water, and medical supplies.

On November 22, 2023, Israel and Hamas agreed to a temporary four-day ceasefire in Gaza.

However, there is no indication that either party has intentions of ending the war indefinitely.

We want to voice our support for a ceasefire resolution, where the state of Israel declares a permanent ceasefire over Gaza, letting Palestinian civilians grieve, mourn, and rebuild what they have lost over the past 45 days and counting.

International affairs have a significant impact on domestic and local matters. California, in particular, is home to over 29,000 people of Palestinian descent, and our city is intricately connected to Palestinian history. An unfortunate incident in 1985 further highlights this connection—Alex Odeh, a Palestinian activist, was killed in a bombing in Santa Ana. His death was subsequently declared a civil rights violation.

We cannot turn a blind eye while our brothers and sisters in our communities are hurting. As public servants, champions of public policy, we stand in solidarity with our Palestinian community here and abroad, and join the struggle of liberation for the people in Gaza. We have a responsibility to call out all acts of injustice and use our platform to support those people in need. We join the Detroit City Council in calling for a resolution for a ceasefire.

SUBMITTED BY
Councilmember Benjamin Vazquez and Councilmember Johnathan Hernandez

EXHIBIT
Proposed Resolution
City Council 19 – 1 12/5/2023
The following text is the finalized language for the Santa Ana Resolution in Solidarity with the Palestinian People in Support of a Ceasefire. Please reach out to us if you have any questions or suggested amendments to the language being presented:

WHEREAS, the City of Santa Ana stands in solidarity with the Palestinian people and the international community in calling for a ceasefire to bring an end to the violence in Israel and occupied Palestine.

WHEREAS, on October 7th, 2023, Hamas launched an unprecedented attack on the state of Israel that resulted in the killing of an estimated 1,200 Israeli citizens; a devastating attack that shook the international community;
WHEREAS, in response, the state of Israel launched a relentless and ongoing campaign of air strikes on the people of Gaza, killing tens of thousands of civilians in the occupied territory, with the death toll continuing to rise with each passing day; WHEREAS, as of November 14th, 5 weeks into this most recent escalation between Israel and occupied Palestine, more than 14,854 Palestinians have been killed as a result of air strikes, including 6,150 children, and over 1,000 people buried beneath the rubble, according to recent reports;
WHEREAS, in addition to the killing of innocent civilians, Israel’s bombardment has destroyed entire neighborhoods throughout Gaza, displacing an estimated 1.6 million Palestinians, according to UN reports;
WHEREAS, Gaza is one of the most densely populated places on Earth, with an overwhelming majority of Gazans being young people, 65% under the age of 24, 47% under the age of 18, and the median age for men and women being 18 years old, compared to a median age of 38 years old here in the US;
WHEREAS, prior to the recent escalation, the Gaza Strip was described by human rights organization such as Amnesty International, Human Rights Watch, and the Israeli human rights organization B’Tselem as “the world’s largest open-air prison”; WHEREAS, Gaza is known as “the world’s largest open-air prison” due to ongoing, unbearable living conditions imposed by the state of Israel’s 16 year illegal blockade, which includes a full air, land and sea blockade, enclosure of its borders by concrete walls and barbed wire fences, and the strict prohibition of Palestinians from leaving and entering the territory freely; WHEREAS, this blockade has resulted in a multitude of humanitarian struggles for Palestinians; City Council 19 – 2 12/5/2023
WHEREAS, 80% of the population in Gaza relies on humanitarian aid, 63% of Palestinians have too little food, 60% of preschool-aged children in Gaza are anemic, 96% of the water in Gaza is undrinkable, and Gazans cannot count on more than 12 hours of continuous electrical power a day, all this before the recent siege;
WHEREAS, collective punishment is considered a war crime under international law, and refers to a form of sanction imposed on persons or a group of persons in response to a crime committed by one of them or a member of the group;
WHEREAS, the state of Israel is engaging in collective punishment against the Palestinian people in Gaza in response to the attack by Hamas;
WHEREAS, in addition to the ongoing air strike campaign, Israel has cut off food, fuel, water, and medical supplies from reaching the people of Gaza, creating a humanitarian catastrophe; WHEREAS, the United Nations defines ethnic cleansing as “a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas”; WHEREAS, Israeli American scholar Omer Bartov, one of the world’s leading experts on the Holocaust, has pointed to statements made by Israeli political leaders and military leaders, such as speaking about flattening Gaza, referring to the people of Gaza as “human animals,” and announcing plans to move the entire population of Gaza out of Gaza, as evidence of “a clear intention of ethnic cleansing” on the part of the Israeli government; WHEREAS, On November 16, 2023, the United Nations called on the international community to prevent genocide against the Palestinian people;
WHEREAS, in addition to the violence that we have seen in Israel and Gaza, Amnesty International has reported an escalation in violence in the West Bank, the Palestinian territory along the Jordan River, where as of November 27th, nearly 239Palestinians, including over 40 children, have been killed by Israeli military and illegal Israeli settlers since October 7th; WHEREAS, we mourn the loss of all civilian lives lost on both sides from October 7th to the present and also throughout the decades of displacement, occupation, oppression and blockade endured in Gaza and the West Bank;
WHEREAS, all human life is precious, and the targeting of civilians, no matter their faith or ethnicity, is a violation of international humanitarian law; City Council 19 – 3 12/5/2023
WHEREAS, hundreds of thousands of lives are at imminent risk if a permanent cease-fire is not achieved and adequate humanitarian aid is not delivered to the people of Gaza without delay; WHEREAS, the United States government plays a significant role in facilitating the ongoing violence happening in Israel and occupied Palestine;
WHEREAS, the United States provides significant financial support to the Israeli government, with an approximate $3.8 billion in taxpayer dollars going to the state of Israel every year, as part of a $38 billion deal over 10 years signed under former US President Barack Obama in 2016;
WHEREAS, on November 2, 2023, a bill authorizing an additional $14 billion to be sent to Israel during this conflict recently passed the House of Representatives and is expected to receive bipartisan support in the Senate, offering more financial support to the state of Israel while depriving American citizens of money that could be more appropriately used to address urgent needs here at home; WHEREAS, in addition to financial assistance, the United States government supports Israel through the sale of weapons and ammunition, with US weapons manufacturers such as Raytheon, Lockheed Martin, and Boeing projecting surges in their stock prices as the assault on Gaza continues to escalate;
WHEREAS, the state of Israel would not be able to continue their bombardment campaign on the people of Gaza without enormous financial and military aid provided by the United States every year;
WHEREAS, in recent weeks, multiple high-ranking US officials have resigned from their posts, including Josh Paul, the former director of congressional and public affairs for the state department’s Bureau of Political-Military Affairs, who resigned last month to protest continued arms sales to Israel amid its bombardment of Gaza, writing in a letter that one-sided U.S. support for Israel is “shortsighted,” “destructive” and “contradictory,” adding, “We cannot be for a better world while contributing to one that is materially worse”;
WHEREAS, as Israel’s most powerful ally, the United States government holds immense diplomatic power to save Israeli and Palestinian lives and should exercise that influence with Israel and the international community to negotiate an end to the violence, including the safe return of the Israeli and Palestinian hostages, and an end to the apartheid occupation imposed by Israel on the Palestinian people; NOW, THEREFORE, BE IT RESOLVED that the City of Santa Ana takes seriously the entreaty of “Never Again,” and that the historical memory of the Holocaust requires us to speak out when we see atrocities being committed against innocent people, no matter their identity; City Council 19 – 4 12/5/2023
BE IT FURTHER RESOLVED that the City of Santa Ana vows to combat anti-Semitism, Islamophobia, racism and bigotry in all its forms;
BE IT FURTHER RESOLVED that the City of Santa Ana calls for an immediate humanitarian ceasefire and the safe passage of substantial humanitarian aid to Gaza; BE IT FURTHER RESOLVED that the City of Santa Ana calls for the immediate release of all Israeli hostages taken by Hamas, as well as the Palestinian hostages being held by the Israeli government without charge or trial;
BE IT FURTHER RESOLVED that the City of Santa Ana calls for an end to Israeli apartheid and the occupation and blockade of Palestinian land by Israeli military forces; BE IT FURTHER RESOLVED that the City of Santa Ana opposes all existing and any future military aid to Israel;
FINALLY, BE IT RESOLVED that the City of Santa Ana advocates for the dignity and safety of residents in every community, regardless of what crimes its leadership may commit, and that peaceful diplomacy is the only way to achieve this safety and dignity.

The organizations cosponsoring this resolution include:

Arab-American Anti-Discrimination Committee
Arab American Caucus, CDP
Arab American Civic Council
Yalla Indivisible
Al-Awda Palestinian Right of Return Coalition
Council on American Islamic Relations - California
OC Justice for Palestine
Palestinian American Women’s Association of Southern California Chispa
Orange County Rapid Response Network
Latinx Parenting
Jewish Voice for Peace - LA
If Not Now - LA
People’s Budget Orange County (PBOC)
Peace and Justice Law Center
Transformative Justice OC (TJOC)
Stop The Musick Coalition (STM Coalition)
Decarcerate OC
City Council 19 – 5 12/5/2023
OC Justice Initiative
OC Protests Community Coalition
Some attachments you may want to include in the resolution:

Resolution Affirming Richmond's Support and Solidarity with the Palestinian People of Gaza House Resolution 786 Calling for an immediate deescalation and cease-fire in Israel and occupied Palestine
Report published by Amnesty International on October 20th: Damning evidence of war crimes as Israeli attacks wipe out entire families in Gaza
Report published by the UN Human Rights Office of the High Commissioner on November 2nd:

Gaza is ‘running out of time’ UN experts warn, demanding a ceasefire to prevent genocide City Council 19 – 6 12/5/2023
HOUSING AUTHORITY 1 May 16, 2023
DRAFT Minutes of the Special Meeting
of the Housing Authority
Santa Ana, California
May 16, 2023

CALL TO ORDER
MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 10:46 P.M.

ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall

ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.

Chair Amezcua, Vice Chair Lopez, and Authority Members Bacerra, Hernandez, Penaloza, Phan, and Vazquez were present.

ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
MINUTES: None
City Council 2 – 1 12/5/2023
HOUSING AUTHORITY 2 May 16, 2023
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

MINUTES: No public comments were received regarding the Housing Authority agenda.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.

MINUTES: Authority Member Phan requested that the motion related to Item No. 2 be consistent with the action taken for City Council Consent Calendar Agenda Item No. 16 approved earlier on the same date, to approve the recommended action for Item No. 2, amending the scope of services for the consultant agreement with Keyser Marston Associates, Inc. to not allow for services related to financial policies.

MOTION: Authority Member Phan moved to approve staff recommendations on the following Consent Calendar Items: 1 and 2, as amended, seconded by Councilmember Bacerra.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER

HERNANDEZ, AUTHORITY MEMBER PENALOZA,

AUTHORITY MEMBER PHAN, AUTHORITY MEMBER

VAZQUEZ, VICE CHAIR LOPEZ, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass

1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

2. Approve a First Amendment to Agreements with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. for On­Call Affordable Housing Financial, Analytical, and Advisory Services on an As–Needed Basis in a Shared Amount not to exceed $500,000 (related to City Council Agenda Item No. 16)
Department(s): Community Development Agency

CONSENT CALENDAR
City Council 2 – 2 12/5/2023
HOUSING AUTHORITY 3 May 16, 2023
Recommended Action: Authorize the Executive Director to execute a First Amendment to three joint on-call consultant agreements for affordable housing financial, analytical, and advisory services with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc., to add an additional $250,000 and to extend the term for two years until November 1, 2026, for a total shared amount not to exceed $500,000, subject to non-substantive changes approved by the Executive Director and Authority General Counsel.
**END OF CONSENT CALENDAR**

HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Housing Authority meeting.

MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 10:48 P.M.

Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 3 12/5/2023
HOUSING AUTHORITY 1 November 7, 2023
DRAFT Minutes of the Regular Meeting
of the Housing Authority
Santa Ana, California
November 7, 2023

CALL TO ORDER
MINUTES: Chair Amezcua called the Regular Housing Authority Meeting to order at 10:18 P.M.

ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall

ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.

Chair Amezcua, Vice Chair Lopez, and Authority Members Bacerra, Hernandez, Penaloza, Phan, and Vazquez were present.

ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
MINUTES: None
City Council 2 – 4 12/5/2023
HOUSING AUTHORITY 2 November 7, 2023
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

MINUTES: No public comments were received regarding the Housing Authority agenda.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 4.

MINUTES: Authority Member Phan reported a recusal on Consent Calendar Item No. 04 as the City of Anaheim is a client of her employer, Rutan and Tucker.

MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 4, seconded by Vice Chair Lopez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER

HERNANDEZ, AUTHORITY MEMBER PENALOZA,

AUTHORITY MEMBER PHAN, AUTHORITY MEMBER

VAZQUEZ, VICE CHAIR LOPEZ, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass

1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

2. Minutes from the Regular Meeting of August 1, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Quarterly Report for the Housing Choice Voucher Program for the Period of July 1, 2023 to September 30, 2023
Department(s): Community Development Agency

CONSENT CALENDAR
City Council 2 – 5 12/5/2023
HOUSING AUTHORITY 3 November 7, 2023
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2023 to September 30, 2023.

4. Authorize staff to enter into a Memorandum of Understanding with CalOptima Health, Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority, to facilitate access to supportive services for voucher holders assisted by the Housing Authority
Department(s): Community Development Agency
Recommended Action: Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with CalOptima Health to facilitate access to supportive services for voucher holders assisted by the Housing Authority.

MOTION: Authority Member Hernandez moved to approve the staff recommendation on Item No. 04 as part of the Consent Calendar, seconded by Vice Chair Lopez.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER

HERNANDEZ, AUTHORITY MEMBER PENALOZA,

AUTHORITY MEMBER VAZQUEZ, VICE CHAIR LOPEZ,

CHAIR AMEZCUA
NONE
AUTHORITY MEMBER PHAN (recusal)
NONE
Status: 6 – 0 - 1 - Pass
**END OF CONSENT CALENDAR**

HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Housing Authority meeting.

MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 10:20 P.M.

Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 6 12/5/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Agreement with Iron Mountain Information Management, LLC

AGENDA TITLE
Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency (Non-General Fund)

RECOMMENDED ACTION
Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a three-year term beginning January 1, 2024 and expiring December 31, 2026 with an option of two oneyear extensions, subject to non-substantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item # 9) (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Housing Authority of the City of Santa Ana (Housing Authority) is required to preserve Housing Choice Voucher Program applicant and participant records for a period of three years from the date of termination or denial of assistance. To comply with this requirement, the Housing Authority currently used Iron Mountain Information Management, LLC to store and archive files. The Housing Authority is unable to store the records in City Hall because of the volume of records, the lack of storage space, and the infrastructure required to store hundreds of confidential files. SAHA also does not have the administrative capacity to efficiently manage and maintain the records compared to an outside storage facility that will more efficiently manage the records.

As required by the City of Santa Ana Records Retention Schedule, the Finance and Management Services Agency (FMSA) is also required to retain various records and documents for the periods stated within the policy. FMSA is unable to store the numerous records and documents at City Hall due to the lack of sufficient storage space and administrative capacity. Therefore, In order to comply with this requirement, FMSA utilizes an offsite storage facility that has the storage capacity, expertise, and resources to store, archive, retrieve, and destroy such records and documents.

City Council 3 – 1 12/5/2023
Agreement with Iron Mountain, LLC
December 5, 2023

In addition, the Community Development Agency (CDA) is in need of a new offsite storage facility to store documents related to the former Redevelopment Agency, Enterprise and Empowerment Zone, Community Development Block Grant (CDBG) Program, and other miscellaneous documents.

To meet the offsite document storage needs for the Housing Authority, FMSA, and CDA, on July 19, 2023, staff issued a Request for Proposals (RFP # 23-109A) for document storage and imaging services (Exhibit 1) for the Housing Authority, CDA, and FMSA. Responses to the RFP were accepted until August 10, 2023.

The City received bids from Corodata and Iron Mountain Information Management, LLC (Iron Mountain). The bids were reviewed by three staff from the Housing Authority and one staff from CDA. The review panel reviewed the two bids and Iron Mountain was selected based upon several factors including innovative technology for requesting files and shredding files and their experience and background in document storage.

Iron Mountain was founded in 1951 and provides services to more than 225,000 customers around the world and hundreds of public sector agencies across the United States. Iron Mountain stores and protects billions of information assets, including business documents. Using modern technology and various checkpoint systems, Iron Mountain provides efficient and effective services to their customers. The three-year term of the agreement would begin on January 1, 2024 (Exhibit 2).

FISCAL IMPACT
Funds will be budgeted in the following fiscal years as follows, subject to change. The remaining balance will be budgeted from non-Housing Authority funds.

Fiscal Year Accounting
Unit-Account
Fund
Description
Accounting
Unit, Account
Description
Amount
14018760-
62300
Housing
Authority
Housing
AuthorityContract Svcs. -
Professional
$20,000
FY 2023-24
60718810-
62300
Housing Asset
Program
CDA – Housing
Asset Admin
Contract Svcs. -
Professional
$5,000
Total: $25,000
FY 2024-25 14018760-
62300
Housing
Authority
Housing
AuthorityContract Svcs. -
Professional
$25,000
City Council 3 – 2 12/5/2023
Agreement with Iron Mountain, LLC
December 5, 2023

60718810-
62300
Housing Asset
Program
CDA – Housing
Asset Admin
Contract Svcs. -
Professional
$5,000
Total: $30,000
14018760-
62300
Housing
Authority
Housing
AuthorityContract Svcs. -
Professional
$20,000
FY 2025-26
60718810-
62300
Housing Asset
Program
CDA – Housing
Asset Admin
Contract Svcs. -
Professional
$3,900
Total: $23,900

EXHIBIT(S)

1. Request for Proposals (RFP # 23-109A)

2. Agreement with Iron Mountain Information Management, LLC Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 3 – 3 12/5/2023
REQUEST FOR PROPOSALS NO. 23-109A
FOR

DOCUMENT STORAGE AND

IMAGING SERVICES

CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issue Date: Wednesday, July 19th, 2023
Deadline for Questions: Tuesday, August 1st, 2023, 4:00 P.M.

Proposal Due Date: Thursday, August 10th, 2023, 4:00 P.M.

EXHIBIT 1
City Council 3 – 4 12/5/2023

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. SCOPE OF SERVICES ............................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................. 3 V. MINIMUM QUALIFICATIONS ...................................................................................................... 3 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 7 VIII. REFERENCES ............................................................................................................................ 7 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 8 X. SELECTION PROCEDURES & CRITERIA ............................................................................... 10 XI. WITHDRAWALS........................................................................................................................ 11 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XIII. AWARD OF AGREEMENT ........................................................................................................ 16 XIV. IMPLEMENTATION ................................................................................................................... 16

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – FEDERAL REGULATIONS

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION
G SAM.GOV UE VERIFICATION
EXHIBIT 1
City Council 3 – 5 12/5/2023

CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.

The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.

The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California.

II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Document Storage and Imaging Services.

The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

III. SCOPE OF SERVICES
SEE EXHIBIT I – SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.

V. MINIMUM QUALIFICATIONS
Firms who fail to meet the minimum qualifications set forth below should not submit a proposal; any such proposal shall be deemed non-responsive and not be considered.

1. Minimum five (5) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.

EXHIBIT 1
City Council 3 – 6 12/5/2023

CITY OF SANTA ANA
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

EXHIBIT 1
City Council 3 – 7 12/5/2023

CITY OF SANTA ANA
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Megan Ornelas
Buyer
Email: [email protected]
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

EXHIBIT 1
City Council 3 – 8 12/5/2023

CITY OF SANTA ANA

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Jacqueline Nguyen, Housing Authority Operations Supervisor City of Santa Ana – Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above). c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in Exhibit II – Sample Agreement of this RFP (if any). d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a EXHIBIT 1
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general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References
 Attachment C: Proposer’s Statement
 Attachment D: Non-Collusion Affidavit
 Attachment E: Non-Lobbying Certification
 Attachment F: Non-Discrimination Certification
 Attachment G: SAM.Gov UE Verifiication
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE: City will not be waive notarization requirement when applicable on any of the required attachments.

VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

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City may disqualify a Proposer if:
 References fail to substantiate Proposer’s description of services and deliverables provided; or
 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:
 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.  Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.  Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
 Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 EXHIBIT 1
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85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

X. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Proposers will be ranked by the review committee based on the following criteria:

C. A final score will be calculated for each submitted proposal and used to rank Proposers.

Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.

D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.

If proposal fails to satisfy any requirements outlined in this RFP, it may be considered nonresponsive and may be rejected.

The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated.

CATEGORY POINTS
Responsiveness to RFP
 Proposal’s compliance with the requirements of this RFP.  Scope of Services offered including ability to provide optional services.  The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
10 Experience of Firm and Personnel
 The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
60 Cost of Proposal
 Value of cost in relation to services provided. 25
References
 References that are similar in size and project scope to the City. 5 TOTAL POSSIBLE SCORE 100
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The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.

C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that EXHIBIT 1
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might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the EXHIBIT 1
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express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

M. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same EXHIBIT 1
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assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

O. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

P. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

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Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

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Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XIII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XIV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

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I. BACKGROUND INFORMATION
The purpose of this Request for Proposals is to provide document storage and imaging services for the Housing Authority of the City of Santa Ana (SAHA), the City of Santa Ana’s (COSA) Community Development Agency (CDA), and Finance & Management Services Agency (FMSA). (Collectively “CDA” and “FMSA” will be referred to as “COSA”.) II. PROJECT DESCRIPTION
The Contractor shall perform the services as set forth below:
a. Provide document storage for SAHA, CDA, and FMSA agencies that will meet the current and future needs of each agency. The current needs consist of approximately 1,829 boxes of which 1,816 are banker boxes. SAHA and COSA intends to add more boxes to the vendor’s facility during the contract period. The proposer must accommodate the additional boxes at the rates offered for the contract term. Proposer shall pickup and deliever documents as requested to a secure facility located within 30 miles of Santa Ana, California.
b. The Proposer shall include pricing for optional services such as document imaging services, electronic storage, off-stie access, and other related imaging services.

III. PROJECT DELIVERABLES/REQUIREMENTS

GENERAL
The Contractor shall perform the services as set forth below:
a. Utilize pick up and/or delivery routes that are most cost efficient and effective for SAHA, & COSA.
b. Move all records and containers in such a manner as to prevent damage to and loss of records.
c. Stack boxes so as to prevent crushing. There shall be no charge to the SAHA, & COSA if re-boxing is required.
d. Provide professional and technical assistance to ensure that all records are properly recorded, managed, stored, delivered and handled.
e. Allow the addition or removal of COSA Departments (accounts) as needed through the term of the Contract.
f. Store the documents at one secure location located within no more than a thirty (30) mile radius of the City of Santa Ana’s City Hall at 20 Civic Center Plaza, Santa Ana, California. g. Provide all necessary vehicles, and qualified staff and clerical support to perform the services required.
h. Vendor is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104- 191, enacted August 21, 1996, and the related laws and regulations promulgated subsequent thereto.

EXHIBIT I

SCOPE OF SERVICES
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i. Vendor shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA).
j. Vendor shall conduct criminal background record checks on all employees and any subcontractors providing services under this Contract. Vendor must receive a criminal records clearance from the State of California Department of Justice before the individual can provide services. The Vendor must retain a statement affirming that the employee/subcontractor has completed and passed the background check in each person’s personnel file.
k. Vendor shall perform a semi-annual treatment and/or inspection for rodent and insects by a pest control service at each facility. Proof of such treatment shall be submitted to the SAHA/COSA on a semi- annual basis.

RECORD STORAGE
a. Vendor shall provide pickup and/or delivery of SAHA’s and COSA records to and from various SAHA/COSA locations within city limits. No extra fee shall be imposed for scheduled pick-up and/or delivery services for different departments/divisions that are serviced at the same time and at the same location as the originally scheduled service. b. Barcoding - The Vendor must provide a barcode tracking system to identify the current location, status, and retrieval/refile information of all files and storage boxes received at its facility. In your proposal, please describe the process for using barcode technology or radio frequency identification (“RFID”) technology to track retrieved, delivered, or picked up records.
c. The Vendor’s barcode tracking system shall include appropriate logs and receipts that detail the delivery and pickup of requested files and storage boxes for verification and audit purposes. The barcode tracking system shall provide an update of the inventory status within 24 hours of activity.
d. File Indexing – SAHA/COSA may require indexing at the file level rather than the entire range of the contents of a box in storage, including a barcode label on each file prior to labeling and indexing the box.
e. File Validation – SAHA/COSA may prepare their own files for storage and request validation, including a scan of each file barcode to verify contents. f. Vendor must provide quarterly reports detailing information on the SAHA/COSA’s account including, but not limited to: summary totals of its utilized storage space; summary totals of all boxes in storage; listings of all boxes added or removed during the previous quarter; listings of all files or boxes retrieved, delivered, picked up, and refiled during the previous quarter; and listings of any files or boxes destroyed during the previous quarter. In your proposal, please provide a sample quarterly report(s) detailing the account information and activities listed above. SAHA/COSA may request additional reports other than quarterly or monthly at their discretion.
g. Records shall be stored at least four (4) inches off of the floor for moisture protection.

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Vendor shall ensure that no loose records are stored. If loose records are found, communicate with SAHA/COSA on how to proceed.
h. Records Retrieval: The Vendor shall accept and respond to record retrieval, delivery, pickup, and refiling requests from designated SAHA/COSA staff. The Vendor shall deliver and pickup requested files or storage boxes from the requested SAHA/COSA Facility during regular business hours of 7:30 am to 5:00 pm, Monday through Thursday and 8:00 am to 5:00 pm on alternating Fridays. Vendor shall combine delivery and pick up of records into one trip when appropriate. Vendor shall provide next day and same day delivery service but delivery shall be no later than 48-hours from the time the record request received. SAHA/COSA shall be able to add additional locations without penalty or additional charges.

DOCUMENT IMAGING SERVICES AND STORAGE [OPTIONAL]
Digital Document Scanning/Imaging: Provide digital document scanning/imaging and indexing of any records stored at vendor’s facility as requested by the SAHA/COSA for conversion of each into a digital format within two business days (48-hour notice) from telephone or email request. The vendor shall perform the following services:
a. Conversion of paper to a digital image; check the images for quality control to ensure that the images are captured with the best possible image in a production environment. Vendor will take all necessary precautions to ensure the integrity of the records during the imaging process. Vendor will ensure that all information that can be interpreted on the original can be interpreted on a full size printout of the imaged file. b. Attribute identification for an image using double pass data entry. The double blind pass shall ensure that every document’s indexing is captured correctly. c. Merge and quality check the two databases (image and index) to ensure that there is no missing data and that every document and every index match. d. Ensure the quality checked “X&Y” data is not loaded to the hosted solution. Prior to release, quality check all data to ensure that the load is complete. e. Merge all newly processed data for the site to the “mirror” site to ensure redundancy. f. Store the completed daily data in a disaster recovery site. g. The storage space on the cloud shall be provided by the vendor and accessible by the SAHA/COSA.
h. Paper sizes included are: 8 ½ x 11, 8 ½ x 14, 11 x 14, and 11 x 17. i. Images shall be scanned at 200 DPI and stored as a multipage PDF. j. Large Format Document Scanning – Provide scanning of large format documents. Large format is any document that exceeds the standard 8 ½ x 11 or 8 ½ x 14 size. This type of document is typically an engineering drawing or schematic. Resolution shall be sufficient to ensure that all information is legible on the images. k. All images shall be correctly oriented with the topside up and skew of less than three EXHIBIT 1
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degrees.
l. SAHA/COSA reserves the right to have the vendor redo any image scan that does not meet the SAHA/COSA’s quality standards at no cost to the SAHA/COSA. m. SAHA/COSA requires that the vendor images both sides of documents only when there is information on both sides. SAHA/COSA will not pay for the scanning of blank images.

Backsides containing information but not scanned by the vendor shall be rescanned and inserted into the multipage file in the correct sequence at no cost to the SAHA/COSA other than the per image cost.
n. Vendor shall be required to notify the SAHA/COSA when requested records have been imaged and uploaded to a secure transmitted cloud based system. o. The documents shall be saved as TIFF, PDF, or JPG as directed by SAHA/COSA. p. Vendor shall provide an ASCII version of the index with the fully qualified file name for each image.
q. Other storage – SAHA/COSA may need to store external hard drives or disks or convert those to electronic files. In your proposal, please provide recommendations on how to best retain this information.

CHANGE OVER/TRANSITION PERIOD
In the event the selected Vendor is not the SAHA/COSA’s incumbent vendor, a changeover period shall begin within ninety (90) days of the SAHA/COSA awarding an approved Contract from the City Council. The change over to the Vendor shall include, but is not limited to: the loading, transporting, and processing of the SAHA/COSA’s records from the incumbent. If a change over is necessary, the Vendor shall complete the transfer of all the SAHA/COSA’s records from its incumbent offsite document storage facility to the Vendor’s facility within this period. If a change over is necessary, the Vendor shall complete the intake of all the SAHA/COSA’s records into the Vendor’s barcode tracking system within three (3) months of the Contract execution. Vendor shall furnish all labor, materials and equipment for the transport of SAHA/COSA’s records from former vendor(s) location to Vendor’s facilityincluding:
a. Vendor shall conduct a joint inventory of records with former vendor and appointed SAHA/COSA staff as records are transferred to Vendor. Vendor shall assume responsibility for the SAHA/COSA’s records upon transfer. b. Vendor shall identify and index any unidentified or improperly identified (e.g., an unknown department) records or media prior to placement in Vendor’s storage facility(s).
c. Vendor shall index, inventory and shelve all incoming records in such a manner that will facilitate timely access pursuant to the requirements of this Contract, to be determined between Vendor and SAHA/COSA.
d. All SAHA/COSA records shall be available twenty-four (24) hours a day, seven (7) days a week, to authorized users during the transition period.

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e. The Vendor shall replace boxes damaged during the transfer from the former’s vendor facility and the new vendor’s facility. Should such damage occur, the vendor shall furnish a report to the SAHA/COSA detailing which boxes were damaged within 2 business days of damage occurring and replace the respective item with like equipment as approved by the SAHA/COSA.
f. Upon successful completion of the transfer, the vendor shall supply to the SAHA/COSA an inventory report of the boxes by department name, reference number and description of the contents as stored.
g. In your proposal, please include the process for acquiring the client’s boxes from the former vendor facility and a time line for the process. Provide policy and procedures for the transition services. Vendor shall provide two cost proposals, one cost for transition of services if no permanent removal (withdrawal) fee is allowed and one if permanent removal (withdrawal) fee is allowed.

MANAGEMENT AND INVOICING
a. The Vendor shall provide monthly invoices showing a line item for all the SAHA/COSA storage and activity costs during the month. The invoice shall include a detailed list of all transactions and a summary page listing totals for each department. b. Vendor may not move SAHA/COSA’s records without prior written notification and approval by SAHA/COSA. Vendor shall notify the SAHA/COSA at least ten (10) day in advance of any changes to vendor’s storage locations.
c. Vendor agrees to pay a penalty of $100.00 per page / record for any lost page / record. d. Performance and Security Standards:
 The Vendor shall at all times ensure the safety, confidentiality, and integrity of all the SAHA/COSA’s records in its possession.
 The Vendor shall only permit designated SAHA/COSA staff to access and retrieve the records stored at its facility. The SAHA/COSA will provide the Vendor a list of staff authorized to access the records and notify the Vendor in writing of any changes to the list.

EXHIBIT 1
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CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 2023 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:

B. Consultant represents that Consultant is able and willing to provide such services to the City.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit II. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a written number (3) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

EXHIBIT II

SAMPLE AGREEMENT
SAMPLE EXHIBIT 1
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standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:
 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
 Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.  Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such SAMPLE EXHIBIT 1
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work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

4. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all SAMPLE EXHIBIT 1
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policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement.

Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by SAMPLE EXHIBIT 1
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any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

TERMINATION
This Contract may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

SAMPLE EXHIBIT 1
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I. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

II. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies.

Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Housing Authority Operations Supervisor
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

SAMPLE EXHIBIT 1
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CITY OF SANTA ANA
IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Michael L. Garcia
Executive Director of Community Development

SAMPLE ONLY
(name)
(title)
SAMPLE EXHIBIT 1
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Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT III

FEDERAL REGULATIONS
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or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

EXHIBIT 1
City Council 3 – 33 12/5/2023

CITY OF SANTA ANA
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

EXHIBIT 1
City Council 3 – 34 12/5/2023

CITY OF SANTA ANA
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

EXHIBIT 1
City Council 3 – 35 12/5/2023

CITY OF SANTA ANA
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

FOR PROPOSERS’ REFERENCE ONLY
EXHIBIT 1
City Council 3 – 36 12/5/2023

CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
EXHIBIT 1
City Council 3 – 37 12/5/2023

CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
EXHIBIT 1
City Council 3 – 38 12/5/2023

CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C
PROPOSER’S STATEMENT
EXHIBIT 1
City Council 3 – 39 12/5/2023

CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
___________________
_____
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
EXHIBIT 1
City Council 3 – 40 12/5/2023

CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any 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 Federal 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 of Lobbying Activities," in conformance with its instructions.

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.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
EXHIBIT 1
City Council 3 – 41 12/5/2023

CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
City Council 3 – 42 12/5/2023

CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

EXHIBIT 1
City Council 3 – 43 12/5/2023

CITY OF SANTA ANA
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.

They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.

This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G
SAM.GOV UEI VERIFICATION
EXHIBIT 1
City Council 3 – 44 12/5/2023

CONSULTANTAGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1st day of January, 2024 by and between Iron Mountain Information Management, LLC, (“Consultant”), the Housing Authority of the City of Santa Ana, a public body, corporate and politic, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter collectively referred to as the “City”). City and Consultant shall hereinafter be referred to as collectively, “the Parties.”

RECITALS
A.

B.

C.

On July 19, 2023, the City issued a Request for Proposal No. 23-109A (“RFP 23-109A”), by which it sought qualified consultants to provide special skills and knowledge in the field of document storage and imaging services.

Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City that were described in the scope of work included in the RFP 23-109A.

In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work, that was included in RFP 23-109A, which is attached as Exhibit A, attached hereto and incorporated by reference, and as further described in Consultant’s Proposal incorporated herein by reference.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Fee Proposal - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $142,700. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

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City Council 3 – 45 12/5/2023

3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one-year renewals, exercisable by a writing by the City Manager, City Attorney, and General Counsel for the Housing Authority of the City of Santa Ana unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all reports which are delivered by Consultant under this Agreement (“Documents & Data”). Consultant represents and warrants that Consultant has the legal right to deliver any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than