Santa Ana City Council
February 20, 2024

Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program-specific statutes with anti-discrimination requirements. The Recipient shall comply with civil rights laws including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act.

Such Assurances also include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and regulations and workplace safety standards; Federal environmental laws and regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and archeological preservation.

13. COVENANT AGAINST CONTINGENT FEES
The Recipient warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the Recipient for the purpose of securing Agreements or business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15)

Trafficking in persons.
(a) Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. (b) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity —
(1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either:
(i) Associated with performance under this award; or
(ii) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment City Council 19 – 44 2/20/2024
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and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 1400.
(c) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
(1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
(i) Associated with performance under this award; or
(ii) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 1400. (d) Provisions applicable to any recipient.
(1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. (2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
(i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(ii) Is in addition to all other remedies for noncompliance that are available to us under this award.
(3) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
(e) Definitions. For purposes of this award term:
(1) “Employee” means either:
(i) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (ii) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. (2) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

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(3) “Private entity”:
(i) Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (ii) Includes:
(A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
(B) A for-profit organization.
(4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18)
The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the following certification:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and 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 amendment of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.
(c) The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.)
(a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended, requires certain assurances for Reclamation funded land acquisition projects conducted by a Recipient that cause the displacement of persons, businesses, or farm operations. Because Reclamation funds only support acquisition of property or interests in property from willing sellers, it is not anticipated that Reclamation funds will result in any “displaced persons,” as defined under the URA.
(b) However, if Reclamation funds are used for the acquisition of real property that results in displacement, the URA requires Recipients to ensure that reasonable relocation payments and other remedies will be provided to any displaced person. Further, when acquiring real property, Recipients must be guided, to the greatest extent practicable, by the land acquisition policies in 42 U.S.C. 4651.
(c) Exemptions to the URA and 49 CFR Part 24
(1) The URA provides for an exemption to the appraisal, review and certification rules for those land acquisitions classified as “voluntary transactions.” Such “voluntary transactions” are classified as those that do not involve an exercise of eminent domain authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR

24.101(b)(1)(i)-(iv).
(2) For any land acquisition undertaken by a Recipient that receives Reclamation funds, but does not have authority to acquire the real property by eminent domain, to be exempt from the requirements of 49 CFR Part 24 the Recipient must:
(i) provide written notification to the owner that it will not acquire the property in the event negotiations fail to result in an amicable agreement, and; (ii) inform the owner in writing of what it believes to be the market value of the property
(d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land appraisal whether or not such review is required under the URA or 49 CFR 24.104. Such reviews may be conducted by the Department of the Interior’s Appraisal Services Directorate or a Reclamation authorized designee. When Reclamation determines that a review of the original appraisal is necessary, Reclamation will notify the Recipient and provide an estimated completion date of the initial appraisal review.

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17. SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A)
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest-level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.

B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

C. Definitions
For purposes of this award term:

1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov).

2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities.

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

4. Subaward has the meaning given in 2 CFR 200.1.

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5. Subrecipient has the meaning given in 2 CFR 200.1.

18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT

SUPPLIED BY THE GOVERNMENT WHILE DRIVING
Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009 (ref:
http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, governmentowned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government.

19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170

APPENDIX A)
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
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(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.

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ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

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6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). [85 FR 49526, Aug. 13, 2020]

20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
(a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239). (b) The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C 4712. (c) The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold. 48 CFR

52.203-17 (as referenced in 48 CFR 3.908-9).

21. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200)

1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313).

As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:

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(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

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b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
[80 FR 43310, July 22, 2015, as amended at 85 FR 49582, Aug. 13, 2020]

22. CONFLICTS OF INTEREST
(a) Applicability.
(1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.
(2) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. (b) Requirements.
(1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement.
(2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c) Notification.
(1) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts of Interest.

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(2) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients.
(d) Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352. (e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. (f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180).

23. DATA AVAILABILITY
(a) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.
(b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(c) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third-party evaluation and reproduction of the following:
(i) The scientific data relied upon;
(ii) The analysis relied upon; and
(iii) The methodology, including models, used to gather and analyze data.

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24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY
(a) The recipient must—
(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and; (2) Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract.
(b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. (c) The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

25. ADDITIONAL ACCESS TO RECIPIENT RECORDS
(a) In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations. (b) The substance of this clause, including this paragraph (b), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas.

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26. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT
Federal award recipients are prohibited from using government funds to enter contracts (or extend or renew contracts) with entities that use covered telecommunications equipment or services as described in section 889 of the 2019 National Defense Authorization Act. This prohibition applies even if the contract is not intended to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services.

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III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS

AND CONDITIONS
The Department of the Interior (DOI) Standard Award Terms and Conditions found at https://www.doi.gov/sites/doi.gov/files/uploads/doi-standard-award-terms-and-conditionseffective-december-2-2019-revised-june-19-2020.pdf are hereby incorporated by reference as though set forth in full text. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on this Agreement. Recipient acceptance of this Agreement carries with it the responsibility to be aware of and comply with all DOI terms and conditions applicable to this Agreement. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements.

Recipient and subrecipient failure to comply with the general terms and conditions outlined below and those directly reflected in this Agreement can result in the DOI taking one or more of remedies described in 2 Code of Federal Regulations parts 200.338 and 200.339. The DOI will notify the recipient whenever terms and conditions are updated to accommodate instances in the passage of a regulation or statute that requires compliance. Also, DOI will inform the Recipient of revised terms and conditions in the action of an Agreement amendment adding additional Federal funds. Reclamation will make such changes by issuing a Notice of Award amendment that describes the change and provides the effective date. Revised terms and conditions do not apply to the Recipient’s expenditures of funds or activities the Recipient carries out before the effective date of the revised DOI terms and conditions.

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EXHIBIT 2
City Council 19 – 59 2/20/2024
City Council 19 – 60 2/20/2024
City Council 19 – 61 2/20/2024
City Council 19 – 62 2/20/2024
City Council 19 – 63 2/20/2024
City Council 19 – 64 2/20/2024
City Council 19 – 65 2/20/2024
City Council 19 – 66 2/20/2024
City Council 19 – 67 2/20/2024
City Council 19 – 68 2/20/2024
City Council 19 – 69 2/20/2024
City Council 19 – 70 2/20/2024

EIGHTH AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY

AND MEDIAN LANDSCAPE MAINTENANCE SERVICES
THIS EIGHTH AMENDMENT to the above-referenced agreement is entered into on February 6, 2024, by and between Landscape West Management Services, Inc. (“Contractor”), 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 parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency (“Agreement”).

B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement from $770,000 to $1,020,000 for the period ending June 30, 2020.

C. On May 5, 2020, the parties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement from $1,020,000 to $1,055,000 for the period ending June 30, 2020.

D. On December 1, 2020, the parties entered into the Third Amendment No. A-2020-248 to further increase the amount expended under the Agreement for the period ending June 30, 2021 and any extension periods to $1,020,000 annually.

E. The original term of the Agreement was for two years until June 30, 2021 with the first two (2) year extension that was authorized on April 23, 2021. The Agreement remains in effect through June 30, 2023.

F. On July 20, 2021, the parties entered into the Fourth Amendment A-2021-133 to further increase the amount expended under the Agreement from $1,020,000 annually to $1,270,000 annually.

G. On September 7, 2021, the parties entered into the Fifth Amendment A-2021-181 to further increase the amount expended under the Agreement for FY 2021-2022 only, from $1,270,000 to $2,270,000.

H. On August 16, 2022, the parties entered into the Sixth Amendment A-2022-159 to further increase the amount expended under the Agreement for FY 2022-2023 only, from $1,270,000 to $2,270,000.

I. On April 4, 2023, the parties entered into the Seventh Amendment A-2023-050 to exercise the final two (2) year extension and further increase the amount expended under the Agreement by $2,300,000 for a total agreement not-to-exceed amount of $8,222,000. The Agreement remains in effect through June 30, 2025.

EXHIBIT 3
City Council 19 – 71 2/20/2024
City Council 19 – 72 2/20/2024
EXHIBIT A-2
City Council 19 – 73 2/20/2024
City Council 19 – 74 2/20/2024
City Council 19 – 75 2/20/2024
City Council 19 – 76 2/20/2024
Landscape West Management Services, Inc.

Proposal #1074
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
- .

Description of Work QTY
Demo/dump fee 1
"24gal'tree 2
Artificial grass 1720ft
DG gold cal stabilized/bende board 4
Mulch. 3
Drip Irrigation valves/smart controller 2
Plants 5gal 10
Gravel rocks 7

LANDSCAPE WEST
Management Services, Inc.

Unit Cost Total
$8,450.00 $8,450.00
$480.00 $960.00
$12.50 $21,500.00
$290.00 $1,160.00
$120.00 $360.00
$2,950.00 $5,900.00
$55.00 $550.00
$490.00 $3,430.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 77 2/20/2024
Landscape West Management Services, Inc.

Proposal #1075
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
Description of Work QTY
Demo/dump fee 1
DG gold cal stabilized/bende board 8
Drip Irrigation valves/smart controller 4
Plants 5gal 10
Gravel rocks 15yrds
Boulders 1-4 6
Total

LANDSCAPE WEST
Management Services, Inc.

Unit Cost Total
$6,100.00 $6,100.00
$290.00 $2,320.00
$2,950.00 $11,800.00
$55.00 $550.00
$490.00 $7,350.00
$469.00 $5,628.00
$33,748.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gwn St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 78 2/20/2024
Landscape West Management Services, Inc.

Proposal #1076
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
Description of Work QTY
Demo/dump fee 1
DG gold cal stabilized/bende board 4
Drip Irrigation valves/smart controller 2
Plants Sgal 8
Gravel rocks 3
Trees 24gal 2
Red woodchips 4
Total
LANDSCAPE WEsr
Management Services. Inc.

Unit Cost Total
$2,800.00 $2,800.00
$290.00 $1,160.00
$2,950.00 $5,900.00
$55.00 $440.00
$490.00 $1,470.00
$480.00 $960.00
$145.00 $580.00
$13,310.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 79 2/20/2024
City Council 19 – 80 2/20/2024
Landscape West Management Services, Inc.

Proposal #1079
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
Description of Work QTY
Demo/dump fee 1
Drip Irrigation valves/smart controller 2
Plants 5gal 14
Gravel rocks 6
Mulch 3
Dg 18
24 gal trees 3
Total

LANDSCAPE WEST
:Vlanagement Services, Inc.

Unit Cost Total
$2,660.00 $2,660.00
$2,950.00 $5,900.00
$55,00 $770,00
$490,00 $2,940.00
$120.00 $120.00
$290,00 $5,220.00
$480,00 $1,440.00
$19,050.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 81 2/20/2024
Landscape West Management Services, Inc.

Proposal #1080
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
Description of Work QTY
Demo/dump fee 1
Drip Irrigation valves/smart controller 3
Plants 5gal 15
Gravel rocks 6
Red wood chip 4
DG 4
24 gal trees 3
Boulder 5
Total
LANDSCAPE WESf
Management Services, Inc.

Unit Cost Total
$2,480.00 $2,480.00
$2,950.00 $8,850.00
$55.00 $825.00
$490.00 $2,940.00
$145.00 $580.00
$290.00 $5,220.00
$480.00 $1,440.00
$349.00 $1,745.00
$24,080.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 82 2/20/2024
City Council 19 – 83 2/20/2024
Landscape West Management Services, Inc.

Proposal #1082
November 17 2023
City of Santa Ana
Description: COSA- Landscape transformation project
Description of Work QTY
Demo/dump fee 1
"24'tree 1
River rocks 4
DG gold cal stabilized 6 yrds
Red Mulch. 3
Drip Irrigation w/smart controller 1
Total
LANDSCAPE WE5r
Management Services, Inc.

Unit Cost Total
$1,845.00 $1,845.00
$480.00 $480.00
$1,600.00 $1,600.00
$290.00 $1,740.00
$145.00 $435.00
$2,950.00 $2,950.00
$9,050.00
Landscape West Management Services, Inc.. address. 1234 N Blue Gum St. Anaheim CA 92806 office number: 714-860-4702 fax. 714-860-4705

City Council 19 – 84 2/20/2024
City Council 19 – 85 2/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2023
TOPIC: Emergency On-Call Sewer and Water Systems Repair Services Agreements

AGENDA TITLE
Approve Third Agreement Amendments for Emergency On-Call Water and Sewer Repair Services with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc.

RECOMMENDED ACTION
Authorize the City Manager to execute the third amendment to agreements with Mike Prlich & Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on-call emergency sewer and water system repair services to increase the annual shared agreement amount by $850,000, for an updated annual amount of $2,050,000, for the remaining term of the agreement expiring August 19, 2024 (Agreement A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On August 20, 2019, the City Council approved agreements with Mike Prlich and Sons, Inc., Paulus Engineering, Inc., and TE Roberts, Inc. for on-call emergency sewer and water infrastructure repairs in an aggregate annual amount of $500,000. These services include repairing pipelines, tanks, pumps at various utility facilities, and performing site restoration, as directed by staff, to prevent system outages, maintain services during an emergency, and restore services to normal operating conditions.

For the past three years, the Public Works Agency’s Water Resources Division has utilized these contractors for water main pipe repair work, fire hydrant relocation, installation of new sewer laterals, and other services needed to supplement the work performed by City staff. To meet the increased demand for these services, the City Council approved the first amendment to agreements with the contractors on May 5, 2020, increasing the shared annual amount by $250,000 to an aggregate annual amount of $750,000. Water Resources anticipated an increase in demands due to collaboration with the Orange County Water District on water treatment systems for perand polyfluoroalkyl substances (PFAS) and recommended an increase of $450,000 for an updated aggregate annual amount of $1,200,000.

In 2023, City staff was deployed four times in response to water main breaks located between 700-1001 East Avalon Avenue. After careful consideration, staff recommended City Council 20 – 1 2/20/2024
Emergency On-Call Sewer and Water Systems Repair Services Agreements February 20, 2023

deploying contractors for emergency on-call services to repair water main pipe to prevent additional segment repairs. Staff now recommends additional contract capacity to allow for emergency repairs to be conducted as needed for the remainder of this contract.

FISCAL IMPACT
Funding is available in FY 2023-24 under Water Systems Maintenance Account (No. 06017641-62300), and Sanitary Sewer Service Account (No. 05617640-62300).

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Existing Contract
2023-24 05617640-62300 Sanitary Sewer
Service
Sanitary Sewer
Service, Contract
ServicesProfessional
$600,000
2023-24 06017641-62300 Water Water System
Maintenance,
Contract ServicesProfessional
$600,000
Amendment
2023-24 05617640-62300 Sanitary Sewer
Service
Sanitary Sewer
Service, Contract
ServicesProfessional
$425,000
2023-24 06017641-62300 Water Water System
Maintenance,
Contract ServicesProfessional
$425,000
TOTAL $2,050,000

EXHIBIT(S)

1. Agreement Amendment - Mike Prlich and Sons, Inc

2. Agreement Amendment - Paulus Engineering

3. Agreement Amendment - TE Roberts Inc
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 20 – 2 2/20/2024
EXHIBIT 1
City Council 20 – 3 2/20/2024
City Council 20 – 4 2/20/2024
EXHIBIT 2
City Council 20 – 5 2/20/2024
City Council 20 – 6 2/20/2024
EXHIBIT 3
City Council 20 – 7 2/20/2024
City Council 20 – 8 2/20/2024
Community Development Agency
santa-ana.org/community-development
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Agreement with Working Wardrobes Project New Start

AGENDA TITLE
Approve an Agreement with Working Wardrobes to Provide Workforce Development Services to Unemployed People with Barriers to Employment

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Working Wardrobes for workforce development services, including workforce readiness workshops, job development, career planning, and job training in an amount not to exceed $742,000, for a term commencing February 6, 2024 and expiring December 31, 2025 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes
No

DISCUSSION
Since 2018, the California Workforce Development Board (CWDB), the State of California’s agent for the oversight and continuous improvement of California’s workforce development system, has engaged in a formal partnership with the California Department of Corrections and Rehabilitation (CDCR) and California Prison Industry Authority (CalPIA) with the goal of improving labor market outcomes of the state’s justice-involved and formerly incarcerated populations. The CWDB made available state general funds for the implementation of regional programs to serve the formerly incarcerated and other justice-involved individuals in California. This funding is referred to as the Prison to Employment (P2E 2.0) Grant.

The Orange Regional Planning Unit (RPU) was awarded P2E 2.0 funds. Serving 34 cities and multiple large unincorporated areas in Orange County, the Orange RPU collaborates with partners to build on the region’s strengths, address challenges, and expand opportunities for community members and businesses that fuel economic vitality. The Orange RPU leads the region’s vision for a future-ready workforce that is better skilled, trained, and prepared to keep industries competitive, communities thriving, and the economy growing. The Orange RPU is composed of the City of Anaheim, County of Orange, and the City of Santa Ana Workforce Development Boards (WDBs). As it pertains to this grant, the City of Santa Ana will be the fiscal agent. The P2E grant requires a partnership with Community Based Organizations (CBOs) that City Council 21 – 1 2/20/2024
Agreement with Working Wardrobes Project New Start
February 20, 2024

serve the formerly incarcerated and other justice-involved individuals, and reentry service providers.

The Santa Ana Workforce Development Board (WDB) authorized the release of a Request for Proposals (RFP) in August 2023 seeking organizations to provide workforce services and to establish a list of qualified providers. Three proposals were received from qualified non-profits. Orange RPU members reviewed and ranked the proposals. Working Wardrobes was awarded to provide services through December 31, 2025 (term of the agreement).

Working Wardrobes will serve a minimum of 84 formerly justice-involved individuals or under County Probation or State Parole supervision. Depending on the outcome of a workforce strategies assessment, individuals will be served through on-the-job training, or vocational training that leads to industry recognized certificate, or direct placement by using a wraparound case management coordinated with Working Wardrobes by the region’s three Workforce Development Boards. Coordination of referrals will take place pre-release at county jails and post release through deployment of staff at probation and parole offices located throughout the county.

FISCAL IMPACT
The amount of $742,000 has been budgeted in the Prison to Employment, Reserve Appropriation expenditure account (no. 14418760-69011) and will be transferred to Payment to Subagent account (no. 14418760-69135) upon City Council approval of the agreement.

Fiscal Year Grant
Year
Accounting
Unit – Account#
Fund
Description
Account Unit,
Account Description Total
FY 2023-24
(Feb. – Jun.) 2024 14418760-69135 Prison to Employment Payment to Subagent $247,333 FY 2024-25
(Jul. – Jun.) 2024 14418760-69135 Prison to Employment Payment to Subagent $247,333 FY 2025-26
(Jul. – Dec.) 2024 14418760-69135 Prison to
Employment Payment to Subagent $247,334
TOTAL $742,000

EXHIBIT(S)

1. Prison to Employment Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 21 – 2 2/20/2024
1 PRISON TO EMPLOYMENT INITIATIVE

SUBCONTRACTOR AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND

WORKING WARDROBES
THIS PRISON TO EMPLOYMENT INITIATIVE GRANT AGREEMENT (“P2E Agreement”), is hereby made and entered into this 6
th day of February, 2024, by and between the
City of Santa Ana, a charter city and municipal corporation of the State of California (“Contractor”), and Working Wardrobes, a California nonprofit organization (“Subcontractor”).

RECITALS:

A. On June 20, 2022, the State of California issued a request for applications for the purposes of advancing the California Workforce Development Board (“CWDB”) Strategic Plan goals, specifically the Prison to Employment Initiative (“P2E”).

Contractor was awarded funding under Grant #G-0326.

B. Funds awarded under this grant are designed to address the personal development, training, and employment needs of California’s justice-involved and formerly incarcerated populations
C. Contractor is the recipient of P2E funds from the State of California. In 2023, Contractor entered into CWDB Contract Number M90462-7120 commencing on April 1, 2023, through December 31, 2025, in a total amount not to exceed $927,341.16 (“State P2E Agreement”). A true and correct copy of the State P2E Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

D. Subcontractor has been made aware of the State P2E Agreement and agrees to comply with all the conditions of the State P2E Agreement and the applicable State requirements governing the use of P2E grant funds.

E. Contractor now approves the provision of P2E grant funds to Subcontractor in an amount not to exceed $742,000.00 to be used in compliance with the P2E objectives defined herein.

F. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said P2E grant funds to operate pursuant to P2E objectives.

G. This P2E Agreement is contingent upon the award of P2E grant funds from the State of California.

H. Contractor and Subcontractor have duly executed this P2E Agreement for the expenditure and utilization of said P2E funds.

EXHIBIT 1
City Council 21 – 3 2/20/2024
2 NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this P2E Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire P2E Agreement between the Contractor and Subcontractor:

1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this P2E Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the P2E objectives, as detailed in the Program and Budget Narrative attached hereto as Exhibit B and incorporated herein by reference (“Program”).

2. TERM
This P2E Agreement shall take effect on the date first written above and shall terminate on December 31, 2025, unless otherwise terminated, cancelled or modified according to the terms of this P2E Agreement.

3. DISBURSEMENT AND FUNDS
A. Contractor was allocated $927,341.16 in P2E grant funds from the State of California to be expended by December 31, 2025. Contractor agrees to pay to Subcontractor when, if and to the extent State P2E grant funds are received a sum not to exceed $742,000.00 for Subcontractor’s performance of the Program through the term of this P2E Agreement. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein.

B. Subcontractor shall submit monthly invoices (on or before the 15th day of each month) in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor.

C. Payment is subject to the receipt and approval of such invoices and monthly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this P2E Agreement and that the Subcontractor is in compliance with the terms and conditions of this P2E Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty-day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor.

D. Subcontractor agrees to use said funds pursuant to this P2E Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said P2E Program only. Subcontractor’s failure to perform as required may, in addition to other remedies set forth in this P2E Agreement, result in readjustment of the amount of funds the Contractor is EXHIBIT 1
City Council 21 – 4 2/20/2024
3 otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this P2E Agreement.

E. Contractor and Subcontractor agree that all payments due and owning under this P2E Agreement shall be made through Automated Clearing House (ACH) transfers. Subcontractor agrees to execute the Contractor’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, Contractor will be authorized to deposit payments directly into Subcontractor’s account(s) with financial institutions.

4. STATE P2E AGREEMENT
Contractor entered into CWDB Contract Number M90462-7120 with the State of California receiving and recognizing $927,341.16 in P2E grant funds to be used by Contractor to address career services for former prisoners and parolees. A true and correct copy of the State P2E Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

Subcontractor has been made aware of the State P2E Agreement and agrees to comply with all the conditions of the State P2E Agreement and the applicable State requirements governing the use of P2E grant funds.

5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this P2E Agreement, be construed to be an independent contractor and not an employee of the Contractor. This P2E Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this P2E Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor 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.

6. OWNERSHIP OF MATERIALS
This P2E Agreement creates a non-exclusive and perpetual license for Contractor 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 Subcontractor under this P2E Agreement (“Documents & Data”). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this P2E Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the EXHIBIT 1
City Council 21 – 5 2/20/2024
4 Documents and Data at any time, provided that any such use not within the purposes intended by this P2E Agreement shall be at Contractor’s sole risk.

7. INSURANCE
Subcontractor shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 Subcontractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
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, and $2,000,000 in the aggregate. 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 Subcontractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limitno 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.
• Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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

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

Additional Insured Status
The Contractor, 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 Subcontractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Subcontractor’s insurance (at least as broad as ISO Form CG 20 10 11 EXHIBIT 1
City Council 21 – 6 2/20/2024
5 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Subcontractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Contractor, its officers,officials, employees, or volunteers shall be excess of the Subcontractor’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 Contractor.

Waiver of Subrogation
Subcontractor hereby grants to Contractor a waiver of any right to subrogation which any insurer of said Subcontractor may acquire against the Contractor by virtue of the payment of any loss under such insurance. Subcontractor 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 Contractor has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Contractor. The Contractor may require theSubcontractor 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 Contractor.

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 Contractor.

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

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

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

EXHIBIT 1
City Council 21 – 7 2/20/2024
6 Special Risks or Circumstances
Contractor reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, 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 Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this P2E 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 P2E 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 P2E Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this P2E 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 P2E Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor’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 Subcontractor.

9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this P2E Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this P2E Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this P2E Agreement. All such records and invoices shall be clearly identifiable.

Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this P2E Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this P2E Agreement for a period of three (3) years from the date of final payment to Subcontractor under this P2E Agreement.

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7 10. CONFIDENTIALITY
If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this P2E Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this P2E 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 Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor.

11. CONFLICT OF INTEREST CLAUSE
Subcontractor 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 P2E Agreement.

12. NON-DISCRIMINATION
Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, including the Workforce Innovation and Opportunity Act (29 CFR, Parts 37 and 38), in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This P2E Agreement and the State P2E Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this P2E Agreement and the State P2E Agreement, the terms of the State P2E Agreement shall prevail. This P2E Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. 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 Subcontractor or the Contractor. Each party to this P2E 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.

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8 14. ASSIGNMENT
Inasmuch as this P2E Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this P2E Agreement shall be construed to limit the Contractor’s ability to have any of the services which are the subject to this P2E Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.

15. TERMINATION
This P2E Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor 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 Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor’s use thereof for such purposes as the Contractor deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this P2E Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this P2E Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE
This P2E 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 P2E 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 P2E Agreement.

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9 18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this P2E 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. Subcontractor shall notify the Contractor 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 P2E Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this P2E Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To Contractor:

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:

Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6549
To Subcontractor:

Working Wardrobes
P.O. Box 413 92 Corporate Park #C
Irvine, CA 92606
714-210-2460
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 EXHIBIT 1
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10 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. 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 P2E Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this P2E Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this P2E Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL THOMAS R. HATCH
City Clerk Interim City Manager

APPROVED AS TO FORM WORKING WARDROBES
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ ANDREA GARCIA-MILLER By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________

MICHAEL GARCIA
Executive Director
Community Development Agency
EXHIBIT 1
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11 EXHIBIT A
STATE P2E AGREEMENT
CWDB CONTRACT NUMBER M90462-7120
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12 EXHIBIT B

PROGRAM AND BUDGET NARRATIVE
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WORKING WARDROBES FOR A NEW START
REQUEST FOR PROPOSALS (RFP) NO. 23-106A

SERVICES PROVIDED
December 20, 2023
Working Wardrobes for A New Start proposes providing workforce development services for eighty-four (84) formerly incarcerated and justice involved individuals through the Project New Start - Career Development Program Serving Justice Involved Individuals program. The program will incorporate job readiness training, skills development, supportive services, and employment placement assistance to help participants successfully re-enter society, avoid recidivism, become financially independent, and lead productive lives.

Eligible participants will be justice involved individuals as defined in Penal Code §1234(d) and/or under the jurisdiction of a county or the California Department of Corrections and Rehabilitation. Participants may also include individuals who are on county informal probation, county deferred entry of judgement, or any other county diversion program such as drug courts, veterans’ courts, community courts, or other specialty courts. Participants will be at least 18 years of age and be authorized to work in the United States.

Working Wardrobes will identify and recruit participants through our relationships with Orange County correctional facilities including the Theo Lacy facility in Orange and the Orange County Central Men’s and Women’s Jails in Santa Ana, the Orange County Sheriff Programs Team, State Division of Adult Parole Operations (DAPO) field units, Orange County Probation and Parole Departments, and through our participation in monthly Orange County Police and Corrections Team (PACT) meetings. We will also conduct recruitment through our core Rebuilding Careers workforce skills training program by identifying eligible participants who may already be enrolled in one or more of our services but would benefit from the specialized services provided through this program. In addition, we will build public awareness of the program through our comprehensive network of over 185 government, social services, educational, and faithbased partners throughout Orange County, many of which also serve this population.

Working Wardrobes will conduct a comprehensive intake process that will confirm each participant’s eligibility, their understanding of the program’s services, their commitment to achieving their individual life and employment goals, and facilitate their co-enrollment in Workforce Innovation and Opportunity Act (WIOA) services offered by the Orange County Workforce Solutions Centers network. Following completion of the intake process, Working Wardrobes will provide the following program services for participants:

Job Readiness Training: The program will include 8 to 10 week cycles of workforce and life skills training workshops with a focus on transitioning from incarceration to mainstream society. The workshops will be offered to incarcerated individuals at the Theo Lacy facility and the Central Men’s and Women’s Jails, and to other eligible participants both at Working Wardrobes and virtually through an online self-paced curriculum for those with transportation, childcare, health, or other challenges. Workshop topics will include SelfAssessment Strategies, Resume Skill Building, Job Search Skill Building, Pre-Interview Skill Building, Interview Skill Building, Power of Your Image, Navigating Success in the Workplace, Work Culture and Effective Communication, Time Management, and Financial Literacy. Each workshop will be approximately two hours in duration, with three workshops conducted each week for a total of 150 workshops over the one year program term. A portion of the training workshops will be held at correctional facilities and a portion at the Working Wardrobes Career Success Center in Santa Ana.

Skills Development: The program will offer skills development opportunities that will assist participants’ ability to acquire knowledge and training to find and maintain meaningful employment in high-demand industries with opportunities for advancement. We will assist participants in selecting, enrolling, and EXHIBIT 1
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completing classroom skills training, entering pre-apprenticeship and apprenticeship programs, and enrolling in post-secondary education as distinct paths to obtaining skills in high-wage, high-demand industries including Trades (Construction), Manufacturing, Information Technology, Culinary Arts, and Transportation (Truck Driving). We will utilize training providers included in the State Eligible Providers List (ETPL) to match participants with State-approved classroom skills training programs that meet their needs and goals.

We will also assist participants in identifying and enrolling in pre-apprenticeship and apprenticeship programs that may offer subsidized “learn and earn” employment opportunities. Participants will also have the opportunity to enroll in post-secondary education at local colleges and universities to pursue degree or certificate programs that will lead to employment opportunities in high-demand occupations.

Career Coach: All participants will be assigned to a Career Navigator, who will conduct intake and assessment activities, help to develop life and employment goals, prepare an Individualized Employment Plan (IEP), identify supportive services to address basic and immediate issues including housing, legal, mental and physical health, and other federal, state, and local assistance programs, and offer individualized, compassionate, and client-focused guidance to maximize participants’ potential to achieve their individual goals. They will be supported by our volunteer force of Career Coaches, who will assist participants in developing resumes, assessing communication and interview skills, reviewing labor market information, identifying career opportunities, and assisting the Career Navigators.

Participants will also be provided with open access to the state-of-the-art Working Wardrobes job search lab, which is located at our Career Success Center in Santa Ana and is equipped with computers, printers, and resource materials to help them produce resumes, research occupational and employment opportunities, and identify other employment-related resources.

Vocational Assessment: The program’s Career Navigators will work closely with each participant to help them identify basic skills, interests, abilities, and values to determine suitable career paths. Assessment tools will include True Colors, O*Net Online, and a career inventory to identify occupational interests and skill sets. The results of the assessments will inform the development of each participant’s IEP and establish a clear plan for training and employment goals and supportive services needs. The Career Navigators will meet with each participant on a biweekly basis to review progress, revise goals, and offer additional assistance as needed.

Job Placement Assistance: The program’s Job Developer will work closely with the Workforce Solutions Centers, the State Employment Development Department, Orange County Business Council, Chambers of Commerce, employment agencies, and local employers to identify job opportunities for participants with a focus on high demand occupations including Trades (Construction), Manufacturing, Information Technology, Culinary Arts, and Transportation (Truck Driving). The program’s goal is to help participants secure employment as soon as possible to help them achieve financial stability, especially for those enrolled in skills training programs and post-secondary education.

The Career Navigators will match participants with job openings based on their skills, interests, and training and support their job search process through assistance in completing job applications, referring them to job openings, and providing coaching and encouragement to support their success in securing employment.

Working Wardrobes will also hold periodic in-person Hiring Events which will offer in-person networking opportunities with local employers to facilitate access to available job openings.

Supportive Services: The program will provide participants with direct financial aid to help them address transportation needs (through the provision of gasoline debit cards and bus passes) and other incidental needs addressing barriers to employment (such as identification/credentials, background checks, grooming, etc.) and support their ability to access services and employment opportunities.

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The program will also provide each participant with a professional outfit (including a suit, shirt or blouse, shoes, and accessories) for interviews and on-the job to help them build their confidence and make a good first impression with potential employers. They will receive one-on-one assistance by our Wardrobe Specialist to select outfits that best meet their needs.

Incentives will also be provided to encourage participants to achieve program milestones and reward them for their success. A payment of $125 will be awarded to participants who complete the full complement of workforce skills training activities, $125 will be awarded to those attaining an industry-recognized certificate or completion (whether through Working Wardrobes or another training provider), and $250 will be awarded upon attainment of employment. The maximum value of incentives to be provided to an individual client is $500.

Follow-Up Support: Whether or not they have completed the full range of program services or secured employment, participants will have continued access to all Working Wardrobes activities including coaching, advice, and guidance to help them identify and obtain additional skills training and supportive services, and ensure that they achieve their individual goals, maintain their employment, and continue to progress in their careers.

The goal of the program is to serve eighty-four (84) justice involved individuals over the initial program term and support their ability to gain valuable workforce and occupational skills, achieve success in the job market, contribute to the growth and success of businesses and the economy, avoid recidivism, and build successful and self-sufficient lives. The following minimum performance outcomes and measurements to be achieved are as follows:

Outcome Measurement
Enrolled in program 84 participants
Enrolled in training 40 participants
Completed training 30 participants
Attained industry-identified certificate or credential 20 participants Placed in post-secondary education 13 participants
Placed in state approved apprenticeship 13 participants Employed 40 participants
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WORKING WARDROBES FOR A NEW START
REQUEST FOR PROPOSALS (RFP) NO. 23-106A

FIRM AND TEAM EXPERIENCE
December 20, 2023
Working Wardrobes for a New Start is a nonprofit organization founded in 1990. Over the past 33 years we have provided comprehensive and impactful workforce and life skills training, job placement assistance, and professional wardrobing for over 120,000 individuals. Our mission statement is: We help people overcome barriers to gainful employment. Our target service population is low-income persons from marginalized groups seeking to enter the workforce or achieve career advancement, with a focus on assisting persons of color, veterans, seniors, and justice involved individuals as well as those who have faced major life crises including homelessness, substance abuse, domestic violence, chronic illness, and/or long-term unemployment. In 2022 alone, Working Wardrobes provided assistance to a total of 4,420 clients receiving 16,575 units of service. Our 2023 organizational budget is $5,432,640 and we employ a staff of 40 employees. Our impressive record of longevity, sustainability, and success demonstrates our ability and commitment to helping our clients realize “The Power of a Paycheck.”

4.00 full-time equivalent (FTE) employees will be working directly on this program, including our Director of Client Services (0.50 FTE), two (2) Career Navigators (total 2.00 FTE), Client Services Administrator (0.25 FTE), Job Developer (1.00 FTE), and Wardrobe Specialist (0.25 FTE).

The Working Wardrobes corporate headquarters and Career Success Center are located at 2000 E. McFadden Ave., Santa Ana, CA 92705. Working Wardrobes serves all of Orange County and the surrounding regions of southern California.

The supervising Project Manager will be Bianca Herrera, Director of Client Services. She is based at the Working Wardrobes headquarters in Santa Ana. Her email address is [email protected] and her phone number is 714-210-2460.

The following Working Wardrobes positions will be assigned to this program:

Director of Client Services
Career Navigator #1
Career Navigator #2
Client Services Administrator
Job Developer
Wardrobe Specialist
All staff members filling these positions will be qualified to fulfill their job responsibilities and execute the program’s services. The specific responsibilities of each position as related to this program are identified within the Budget and Narrative (Attachment C).

Working Wardrobes confirms our commitment that personnel as identified in this proposal will be available throughout the program/contract term.

Working Wardrobes has assisted justice involved individuals throughout our 33 years of service to Orange County and the surrounding regions of southern California. We began providing workforce skills training and job placement assistance focused on the challenges and needs of this population in 2013 by conducting workshops at the Orange County Men’s and Women’s Jails and the Theo Lacy facility, and we have since expanded our experience and reach through our execution of three government contracts: 1) Orange County EXHIBIT 1
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Community Services: Linking Employment Activity Pre-Release-2 (LEAP-2) program with term of July 1, 2016 through December 3, 2018; 2) City of Santa Ana: Prison to Employment program with term of October 1, 2019 through March 31, 2022; and 3) Board of State and Community Corrections: Adult Reentry Program with term of October 1, 2022 through April 30, 2026. Further, our core Rebuilding Careers workforce training program includes justice involved individuals as a target population. In total, Working Wardrobes has helped approximately 3,500 justice involved individuals gain workforce and life skills and find quality jobs.

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WORKING WARDROBES FOR A NEW START
REQUEST FOR PROPOSALS (RFP) NO. 23-106A

PROPOSED WORK PLAN AND TIMELINE
December 20, 2023
All program activities and services will be conducted and available to participants on an open, ongoing basis throughout the program period. The following activities will be offered and milestones/outcomes achieved as follows, with cumulative outcomes metrics to be reached by the contract end date.

Number of participants
Activity Milestone
Quarter
1 Quarter
2 Quarter
3 Quarter
4 Quarter
5 Total
Program
enrollment
Participants complete
program intake
process including
AJCC co-enrollment
0 21 21 21 21 84
Training
enrollment
Participants are
assigned to a Career
Navigator and
develop an IEP to
identify training and
supportive services
needs and set goals
0 10 10 10 10 40
Training
completion
Participants complete
job readiness skills
training
0 6 8 8 8 30
Certificate or
credential
attainment
Participants complete
certificate or
credential training
program
0 0 6 7 7 20
Postsecondary
education
placement
Participants enter
post-secondary
education programs
at community
colleges
0 2 3 4 4 13
State approved
apprenticeship
placement
Participants enter
State-approved
apprenticeship
programs
0 2 3 4 4 13
Employment
placement
Participants secure
employment
0 4 12 12 12 40
NOTE: Quarter 1 will be utilized as a program preparation period to hire and orient program staff, establish program services protocols, and initiate relationships with correctional agencies, training providers, and educational institutions.

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WORKING WARDROBES FOR A NEW START

PROJECT NEW START - CAREER DEVELOPMENT PROGRAM

SERVING JUSTICE-INVOLVED INDIVIDUALS

BUDGET NARRATIVE
December 20, 2023

PERSONNEL SALARIES

1. Director of Client Services: 50% FTE for 12 months = $42,500 Dedicate 50% of time to program for 12 months. Provide management and quality control of program services and staff, ensure compliance with contract requirements, coordinate partnerships with correctional agencies, Workforce Solutions Centers, and training providers.

2. Career Navigators (2): 100% FTE ea. for 12 months = $54,995 ea. x 2 = $109,990 Dedicate 100% of time to program for 12 months. Coordinate participant outreach, intake, and enrollment, provide case management/career navigation for participants, facilitate referrals and enrollment for supportive services, occupational skills training, certification programs, educational opportunities, and job placement.

3. Client Services Administrator: 25% FTE for 12 months = $16,875 Dedicate 25% of time to program for 12 months. Process and track participant incentives, supportive services, and skills development payments, maintain program data, coordinate reporting tasks, provide support to Director of Client Services and Career Navigators.

4. Job Developer: 100% FTE for 12 months = $56,160
Dedicate 100% of time to program for 12 months. Work with local employers to identify job opportunities for participants, assist Career Navigators in matching participants with job openings and apprenticeship programs.

5. Wardrobe Specialist: 25% FTE for 12 months = $13,250 Dedicate 25% of time to program for 12 months. Schedule and provide professional wardrobe services for clients, manage volunteer Personal Shoppers.

TOTAL PERSONNEL SALARIES = $239,045

PERSONNEL BENEFITS

1. Director of Client Services: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) = $42,500 x 12.64% = $5,372

2. Careers Navigators (2): 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) = $54,995 ea. x 2 = $109,990 x 12.64% = $13,902

3. Client Services Administrator: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) = $16,875 x 12.64% = $2,133

4. Job Developer - Vacant: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) = $56,160 x 12.64% = $7,099

5. Wardrobe Specialist: 12.64% of salary (blended rate including Social Security, Medicare, SUI, health insurance, and workers compensation) = $13,520 x 12.64% = $1,709 TOTAL PERSONNEL BENEFITS = $30,215
TOTAL PERSONNEL SALARIES & BENEFITS = $269,260
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OPERATING EXPENSES
Office Expenses
Casebook CRM system subscription to manage program and client data (25% of total annual expense allocated to this program) = $2,500
Flash drives for participants to store program materials; paper, pens, printer ink, file folders, other miscellaneous supplies for program staff = $1,100
Printing of program marketing/outreach flyers and brochures and skills workshops curriculum materials = $1,900
Total Office Expenses = $5,500
Indirect Cost
Per Negotiated Indirect Cost Rate Agreement with U.S. Department of Labor for period 01/01/23 to 12/31/23 @ 21.06%. Direct services total costs of $612,919 x 21.06% = $129,081 Total Indirect Cost = $129,081
Participant Skills Development (Training)
Payment of tuition and training-related expenses (tools, uniforms, books, etc.) for participants enrolled in certificate or credential programs or post-secondary education 33 participants @ $5,636/ea. (average) = $136,000 (program cost) + $50,000 (matching funds from City of Santa Ana WORK Center) = $186,000
Total Participant Skills Development (Training) = $186,000 ($136,000 program cost + $50,000 matching funds from City of Santa Ana WORK Center)
Professional Services
Training Coordinator (independent contractor)
Conduct Job Readiness Workforce/Life Skills Workshops at correctional facilities and Working Wardrobes
20 hours/week x 50 weeks @ $35.00/hr. = $35,000
Total Professional Services = $35,000
Staff Travel/Mileage
Mileage reimbursement for staff travel to and from correctional facilities and partner agencies. 2,588 mi. @ $0.67/mi. (2024 IRS business rate) = $1,734
Total Staff Travel/Mileage = $1,734
Supportive Services
Financial Assistance
Prepaid gasoline cards and bus passes along with payment of incidental needs addressing barriers to employment such as identification/credentials, background checks, grooming, etc. 84 participants @ $250/ea. (average) = $21,000
Job Readiness Workforce/Life Skills Workshops
Presentation of workforce and life skills workshops for program participants (topics include SelfAssessment Strategies, Resume Skill Building, Job Search Skill Building, Pre-Interview Skill Building, Interview Skill Building, Power of Your Image, Navigating Success in the Workplace, Work Culture and Effective Communication, Time Management, and Financial Literacy). Each client will participate in a 8 to 10 week cycle of workshops.
3 workshops/week x 50 weeks @ $600 ea. = $90,000
EXHIBIT 1
City Council 21 – 54 2/20/2024

Wardrobe Services
One professional and two business casual outfits (including accessories and shoes) to each participant for interviews and on-the-job.
50 regular size participants @ $420/ea. = $21,000
34 plus size participants @ $450/ea. = $15,300
Total Wardrobe Services = $36,300
Total Supportive Services = $147,300
Participant Incentives
Payments to participants achieving program outcomes. $500 maximum in payments to each participant.

Completion of full cycle of workforce/life skills training workshops: 40 participants @ $125/ea. = $5,000
Attainment of skills training certificate or credential: 25 participants @ $125/ea. = $3,125 Attainment of employment: 40 participants @ $250/ea. = $10,000 Total Participant Incentives = $18,125
TOTAL OPERATING EXPENSES = $662,919 ($612,919 program cost + $50,000 matching funds from City of Santa Ana WORK Center)
GRAND TOTAL = $792,000 ($742,000 program cost + $50,000 matching funds) Program staff will document and track requests, approvals, and payments of Participant Incentives payments to verify eligibility, ensure that individual participants are not paid above the $500 maximum, and that the total line item budget is not exceeded. Incentives payments will be provided to participants in the form of Visa/MasterCard gift cards or company checks. No cash will be distributed to participants.

All Participant Supportive Services payments for transportation and other incidental needs addressing barriers to employment and Participant Skills Development (Training) tuition and training-related expenses will also be carefully controlled by the program staff to maintain fiscal integrity and adherence to the program budget. Gasoline and public transportation assistance will be provided to clients in the form of gas company debit cards or bus line pass cards that will be distributed to participants once eligibility and need is endorsed by a Career Navigator. The need and value of other Supportive Services and Skills Development (Training) expenses will be documented through bills, invoices, receipts, quotes, or other documents supporting each request that are secured by either the program staff or participants and confirmed with the appropriate vendor prior to payment.

All payment requests will be originated by the program’s Career Navigators, reviewed and confirmed by the Client Services Administrator, and approved by the Director of Client Services before disbursements are issued. Payments will be issued as Working Wardrobes company checks made payable to and delivered directly to service providers, with no payments provided directly to participants.

EXHIBIT 1
City Council 21 – 55 2/20/2024

CITY OF SANTA ANA

BUDGET FORM
Organization Name:

Working Wardrobes for a New Start
Administrative
Cost (Not to
Exceed 10%)
Total
Program
Cost
Total
Cost
Match/In
Kind
Personnel Salaries
1 Director of Client Services (0.50 FTE) $42,500 $42,500 2 Career Navigator (1.00 FTE) $54,995 $54,995
3 Career Navigator (1.00 FTE) $54,995 $54,995
4 Client Services Administrator (0.25 FTE) $16,875 $16,875 5 Job Developer (1.00 FTE) $56,160 $56,160
6 Wardrobe Specialist (0.25 FTE) $13,520 $13,520
Personnel Benefits
1 Director of Client Services (0.50 FTE) $5,372 $5,372
2 Career Navigator (1.00 FTE) $6,951 $13,902
3 Career Navigator (1.00 FTE) $6,951 $13,902
4 Client Services Administrator (0.25 FTE) $2,133 $2,133 5 Job Developer (1.00 FTE) $7,099 $7,099
6 Wardrobe Specialist (0.25 FTE) $1,709 $1,709
Total Personnel Salaries &
Benefits
$269,260 $269,260
Operating Expenses
Rent
Utilities
Phones
Internet Fees
Parking Fees
Security
Maintenance
Insurance
Equipment rental fees
Accounting Services
Vehicle lease
Office expenses $5,500 $5,500
Legal Services
Auditing Services
Indirect Cost $129,081 $129,801
Staff Training
Staff Conferences
Staff Travel/Mileage $1,734 $1,734
Participant Wages
Supportive Services $147,300 $147,300
Participant Incentives $18,125 $18,125
Participant Skills Development $136,000 $136,000 $50,000 Professional Services $35,000 $35,000
Total Operating Expenses $472,740 $472,740
GRAND TOTAL (Personnel + Operating) $742,000 $742,000 $50,000 EXHIBIT 1
City Council 21 – 56 2/20/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Authorize the City Manager to Execute a Professional Services Agreement with Torti Gallas + Partners, Inc., to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an amount not to exceed $799,282

AGENDA TITLE
Authorize the City Manager to Execute a Professional Service Agreement with Torti Gallas + Partners, Inc. (TGP), to Assist the City with the Development and Adoption of a Public Realm Plan for Each of the Five General Plan Focus Areas in an amount not to exceed $799,282 (Specification No. 23-011) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a Professional Service Agreement with Torti Gallas + Partners, Inc. (TGP), to assist the City with the development and adoption of a Public Realm Plan for each of the five General Plan Focus Areas in an amount not to exceed $799,282 for a two-year term beginning on February 6, 2024, and expiring on January 31, 2026, with provisions for a one two-year extension (Agreement No. A-2024- XXX).

GOVERNMENT CODE §84308 APPLIES Yes
No.

DISCUSSION
The City Council adopted a comprehensive update to its General Plan on April 19, 2022. The updated General Plan includes significant changes to the use and development of land reflecting the vision of the community to strategically focus future growth along five major transit corridors or, as termed by the Plan, Focus Areas. The City’s General Plan Land Use Element will redirect growth into the Focus Areas by providing opportunities for new developments that match the vision and goals expressed by the community and City Council.

The General Plan contains policies that call for the completion of public realm plans for the Focus Areas to enhance pedestrian and cyclist experience, amenities, safety, sense of place, and aesthetics. Policies in the General Plan also call for the establishment of mechanisms to leverage development enabled by the land use changes in the Focus Areas to fund the construction of improvements in the public right-of-way to provide a safe and efficient multimodal transportation system and its maintenance. The Public Realm Plans, once adopted, will provide a road map that links new development City Council 22 – 1 2/20/2024
Professional Services Agreement for Public Realm Plans
February 20, 2024

enabled by the land use changes to the needed physical improvements, infrastructure, and street design needed to facilitate the advancement and implementation of the General Plan vision by creating a sense of place, designing for walkability, sustainability and health, making complete neighborhoods, and acting as a catalyst for continued development and reinvestment. Lastly, the Public Realm Plans will be environmentally and economically sustainable, link to previous successes, and connect to funding mechanisms that will facilitate future growth and development.

Background and Selection
Request for Proposal (RFP) No. 23-011 to solicit services for Public Realm Plans was advertised on February 21, 2023 on the City’s online bid and management publication system, PlanetBids, inviting qualified consulting firms with relevant experience to submit their proposals to the City. A summary of RFP vendor participation and results is as follows:
• Vendors notified: 362
• Vendors based in Santa Ana: 21
• Vendors downloaded the bid packet: 57
• Bids Received: 5
• Bids received from Santa Ana vendors: 1
Five proposals were submitted by the RFP deadline and all were determined to be responsive. The City formed a selection committee consisting of staff members from the City Manager’s Office, Planning and Building Agency, Public Works Agency, and Community Development Agency. The selection committee evaluated the proposals and interviewed the firms prior to making the final selection. The selected firm, Torti Gallas + Partners, Inc. (TGP), located in Los Angeles, has a unique approach to neighborhood design and placemaking among planning firms, which makes them ideally suited for this effort. TGP will prepare five (5) public realm plans, technical studies, and associated environmental documents required under the California Environmental Quality Act (CEQA).

FISCAL IMPACT
Funding is available in the FY 2023-24 budget in the following accounts for the January through June payments:

Fiscal
Year
Accounting UnitAccount No.Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01116510-62300 General
Fund
Planning & Building, Planning,
Contract Services – Professional
$197,992
FY 23-24 15816501-62300 Housing &
Community
Dev Grants
PBA Leap Program $596,000
Mid-Year Budget Adjustment
FY 23-24 15816501-62300 Housing & PBA Leap Program $5,290 City Council 22 – 2 2/20/2024
Professional Services Agreement for Public Realm Plans
February 20, 2024

Community
Dev Grants
Total $799,282
The amounts above are an estimate and subject to change based upon grant allowance and periods. PBA Leap Program Grant is currently under review for extension. In the event the City is unsuccessful in obtaining an extension, it will need alternate funding sources. Upon approval of mid-year budget adjustment, additional grant fund balance will be available in the amount of $5,290. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.

EXHIBIT

1. Agreement with Torti Gallas + Partners, Inc. (TGP)
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 22 – 3 2/20/2024

AGREEMENT TO PROVIDE FOCUS AREA PUBLIC REALM PLAN

SERVICES WITH TORTI GALLAS AND PARTNERS
THIS AGREEMENT is made and entered into on this 20th day of February 2024 by and between Neal I. Payton Architectural Corporation, a California corporation dba Torti Gallas and Partners (TGP) ("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. On February 21, 2023, the City issued Request for Proposal No. 23-011, by which it sought proposals from qualified firms to develop five (5) public realm plans for the Focus Areas included in the updated General Plan, technical studies, and environmental documents required under the California Environmental Quality Act (CEQA) for the project.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-011.

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 contracting 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
a. 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 in Exhibit A, 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 Exhibit B. The total amount to be expended during the term of this Agreement, including any optional extension periods defined below, shall not exceed $799,282.
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 and Scope of Work, which may reasonably be expected by City.

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Human Resources
www.santa-ana.org/human-resources
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management

AGENDA TITLE
Adopt a Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management

RECOMMENDED ACTION
Adopt a resolution that amends the City’s Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to adjust the salary schedule of the Library Services Director.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS OF

EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Human Resources Department recently completed a labor market survey of compensation rates assigned to job classifications that directly oversee all library related functions. The City of Santa Ana Library Services Director oversees the Library Department, including two full-service branches.

The recently-completed labor market survey revealed that the Library Services Director is 7.84% below the median of comparator agencies. The current salary range for Library Services Director is $12,444 - $14,311 per month. The proposed salary range for the Library Services Director is $14,075 - $18,315. The salary range adjustment would be effective January 14, 2024, the first full pay period in calendar year 2024, which would place the Library Services Director salary range within the City’s labor market. The current salary of the Library Services Director is below the minimum of the proposed salary schedule. This Resolution would result in the classification receiving a monthly increase in salary of $147, an increase of approximately one percent (1%).

City Council 23 – 1 2/20/2024
Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management February 20, 2024

FISCAL IMPACT
The estimated cost of the change in salary range for FY 2023-2024, is $918.85. Appropriations for FY 2023-24 are included in the adopted Fiscal Year 2023- 24 Operating Budget.

EXHIBIT(S)

1. Resolution
Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Tom Hatch, Interim City Manager
City Council 23 – 2 2/20/2024
Resolution No. 2024-XXX

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA TO EFFECT CERTAIN CHANGES TO THE
CITY’S CLASSIFICATION AND COMPENSATION PLAN

FOR CLASSIFICATIONS OF EMPLOYMENT

DESIGNATED AS UNREPRESENTED EXECUTIVE

MANAGEMENT (EM)

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. Section 1004 of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.

B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.

C. The City Council regularly amends the City’s classification and compensation plan for all full-time and part-time classifications of officers and employees of the City of Santa Ana.

D. It is now desired to amend the City’s classification and compensation plan for classifications designated as EM as set forth in the attached Exhibit A and incorporated herein by reference. Specifically, the City Council desires to adjust the salary rate range of the Library Services Director.

Section 2. The Santa Ana City Council amends the City’s classification and compensation plan for classifications of employment designated as unrepresented (EM) by adjusting the salary rate range of the Library Services Director (EM) from ($12,444 - $14,311) to ($14,075 - $18,315). This salary change will apply retroactively starting January 14, 2024, which is the start date of the first full pay period in Calendar Year 2024.

City Council 23 – 3 2/20/2024
Resolution No. 2024-XXX

Section 3. The Santa Ana City Council amends the City’s classification and compensation plan for Unrepresented EM as set forth in the attached Exhibit A incorporated by reference herein.

Section 4. This resolution is to be operative from and after the date upon which it is adopted.

ADOPTED this 6th day of February, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney – Employee Relations
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. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February 6, 2024.

Date: ___________________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 23 – 4 2/20/2024
Resolution No. 2024-XXX

Exhibits: A: Unrepresented Executive Management (EM) Classification and Compensation Plan
Attachment 1: Unrepresented Executive Management (EM) Monthly Wage Rate Schedule Effective 1/14/2024.

City Council 23 – 5 2/20/2024

EXHIBIT A

UNREPRESENTED EXECUTIVE MANAGEMENT (EM)

CLASSIFICATION AND COMPENSATION PLAN
EFFECTIVE JANUARY 14, 2024
Section 1. Executive Management (EM) Classification and Compensation Plan.

A. Unrepresented Executive Management (EM) Classifications:

Assistant City Manager (EM)
Chief Technology Innovations Officer (EM)
Library Services Director (EM)
Executive Director of Community Development (EM)
Executive Director of Finance and Management Services (EM) Executive Director of Human Resources (EM)
Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM)
Police Chief (EM)
B. Schedule of Salaries. The Salary Ranges for classifications designated as Executive Management (EM), is attached hereto as “Attachment 1” and made a part hereof as though set forth in full herein. The salary within each salary range is shown in monthly amounts and identifies the minimum salary of the range up to the maximum salary of the range.

C. Terminal Classifications. Should a classification be identified as a terminal classification, the capitalized letter “T” shown within parenthesis [i.e., (T)] next to a classification title signifies a position classification that has been designated as “terminal” by formal City Council action and, as such, will be deleted from the classification and compensation plan for Executive Management (EM) classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal.

Section 2. Special Pay Additives and Additional Compensation Provisions.

A. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid in the highest amount as available to represented management employees.

B. Education Incentive Pay – Sworn Unrepresented Executive Management. Upon adoption of this resolution, employees of this unit currently appointed to a position on this City Council 23 – 6 2/20/2024
date defined as sworn Executive Management, will be afforded and/or subject to the same provisions and/or changes to the Education Incentives Levels 1-4 as sworn Police Management Association (PMA) provided in Section 6.2 A. of the Police Management Association Memorandum of Understanding.

Section 3. Administration and Applicability of the Basic Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management (EM).

A. Unless specified otherwise herein, Unrepresented Executive Management (EM) employees will be afforded, and/or subject to the same provisions and/or changes in compensation (excluding cost of living adjustments), fringe benefit plans and allowances, and leave provisions including but not limited to; sick, vacation, management vacation, floating holiday(s); bereavement leave; military leave; jury duty; witness leave; catastrophic, and industrial injury leave; City observed paid holidays and holiday closures; cash out provisions for: sick leave, vacation, management vacation, floating holiday, and city paid holidays; City’s Section 125 Plan, group health, dental, term life, and long-term disability allowances and plans; wellness plan; technology stipend; auto allowance; access to participation in the City’s voluntary benefit plans (e.g., vision, flexible spending accounts, supplement life insurance, and 457(b) deferred compensation plan); CalPERS Retirement System; Retirement Health Savings Plan (RHS) participation, including any employer contribution to the employee’s individual RHS plan or the same employer contribution to an association’s or union’s retiree health savings or similar plan on behalf of the member; work week schedules, as provided in the highest amount available to any non-sworn represented employee’s unit.

B. Compensation Plan Implementation. Upon implementation of the Basic Classification and Compensation Plan set forth in Sub-section 1.B. of this Resolution Exhibit, a current incumbent of an Executive Management (EM) classification listed herein above will be placed at a monthly rate in the assigned salary range which matches the incumbent’s current assigned base monthly salary on the day preceding the effective date of this Resolution.

C. Hiring Pay Policy. A newly hired Executive Management (EM) employee may be appointed and compensated at any monthly salary rate within the assigned salary rate range for his/her job classification as authorized by the appointing authority.

D. Rates of Pay for Temporary Part-Time Work. When an employee is hired on a temporary part-time basis in an Executive Management (EM) classification, which is defined as employment of twenty (20) hours or less per work week not exceed a period longer than one hundred eighty (180) calendar days or nine-hundred and sixty (960) hours in a fiscal year, the employee will be paid at a rate per hour as defined by law for actual time spent in the duties of his or her employment. Rate per hour will be computed to the nearest whole cent by dividing the monthly rate as defined by law by 173.33. A computation resulting in exactly one-half (1/2) cent will fix the rate at the next higher whole cent.

City Council 23 – 7 2/20/2024
E. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this resolution exhibit and who are temporarily upgraded into a higher classification for a limited duration to an Executive Management (EM) classification due to a current incumbent’s leave of absence or out-of-class temporary appointment as defined in Section 3.I below, shall receive a minimum five percent (5%) temporary upgrade pay as defined by CCR 571(a)(3) as “compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration”, and is intended to meet the definition of “Compensation Earnable” for Classic members of CalPERS as provided by the Public Employees’ Retirement Law (PERL), and Government Code (G.C.) section 20636.

F. Out-of-Class Appointment to an Executive Management (EM) Classification.

Regular employees of the City who are incumbents of classes of employment not included in this resolution exhibit and who are appointed to an “out-of-class appointment” as defined in Gov. Code section 20480 of the Public Employees’ Retirement Law (PERL) as, “an appointment to an upgraded position or higher classification by an employer or governing body in a vacant position for a limited duration not to exceed nine-hundred sixty (960) hours in a fiscal year”. A “vacant position” refers to “a position that is vacant during recruitment for a permanent appointment”. A vacant position does not refer to a position that is temporarily available due to another employee’s leave of absence. Executive Management (EM) classification shall receive a minimum five percent (5%) temporary upgrade premium as defined by CCR 571(a)(3) as “compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration”, and is intended to meet the definition of “Compensation Earnable” for Classic members of CalPERS as provided by the Public Employees’ Retirement Law (PERL), and Government Code (G.C.) section 20636.

G. Reallocation of Salary Rate Ranges. When an employee is in an Executive Management (EM) classification which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary he or she held prior to the reallocation.

Section 4. Health and Welfare Benefits.

The following optional insurance benefits available to Executive Management (EM) employees are provided through the City’s Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal Revenue Code § 125.

Under City Council Resolution No. 98-54, the City elected to be subject to the Public Employees’ Medical & Hospital Care Act (PEMHCA) to provide medical insurance through CalPERS for Unrepresented Executive Management Classifications. The City’s contribution for each employee meets the statutory minimum using the “Unequal Method” California Government Code § 22892(c) (AB-2544).

City Council 23 – 8 2/20/2024
The City will contribute an allowance, which includes the PEMHCA statutory minimum towards the employee’s cafeteria plan in the highest amount as available to any represented employees’ unit covered under the PEMHCA plan.

A. Medical insurance. Eligible Executive Management (EM) employees may choose from the eligible medical insurance plan options offered by CalPERS. If an employee waives medical coverage, they must provide proof of current enrollment in a qualified nonCity sponsored group health coverage plan.

B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan.

C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to voluntarily select vision insurance coverage through the City’s insurance provider.

D. Cash-in-Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the City’s cafeteria plan if they either waive/opt-out of receiving group health and/or dental benefits after providing proof of other group medical and/or dental coverage under a spouse or registered domestic partner’s non-City sponsored plan, or if the premium of the City medical and dental plans they elect do not cost as much as the maximum allowance they receive toward such benefits.

E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses group or voluntary benefits whose aggregate premium cost exceeds the maximum City contributions to the cafeteria plan, the City will automatically deduct the excess premium amount on a pre-tax basis (through the City’s Section 125 plan) from the employee’s regular paycheck.

F. Disability Insurance. The City will pay one hundred percent (100%) of the premium cost for a long-term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit plan as provided to the highest amount as available to any represented employees’ unit covered by the City’s plan.

G. Life Insurance and Accidental Death & Personal Loss (AD&PL). The City will pay one hundred percent (100%) of the premium cost for term life and AD&PL insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD&PL insurance coverage in an amount equal to three times the employee’s annual rate of salary to a maximum of $300,000, or the highest maximum amount as available to any represented employee unit, provided that Executive Management (EM) employees can provide evidence of insurability for coverage above the guaranteed amount, if so required by the terms and conditions of said term life and AD&PL insurance policy.

City Council 23 – 9 2/20/2024
In the event an Executive Management (EM) employee is determined to be ineligible for the full benefit of said insurance coverage, the amount of life insurance will be equal the amount for which the employee is eligible for without having to provide evidence of insurability.

Section 5. Leave Accruals and Cash-Out Provisions.

Unless otherwise provided, the highest leave accrual, maximum accrual, and cash-out provisions provided to any represented employee’s unit, will also be offered to the classifications listed in this resolution exhibit including but not limited to; paid holidays, floating holidays, holiday closures, vacation, “must-use” vacation, and management vacation.

A. Management Vacation Leave.

Executive Management (EM) employees listed in this Resolution Exhibit meet the definition of “exempt” under Section 13(a)(1) of the Fair Labor Standards Act (FLSA).

1. Executive Management (EM) employees will be granted one hundred (100) hours of management vacation per calendar year in addition to regular vacation accrual provisions applicable to represented employees of the City.

2. The City Manager is authorized to grant, at his or her discretion, additional management vacation leave hours per calendar year.

B. Vacation and Sick Leave Credits for New Hires. The City Manager is authorized to grant a newly appointed Executive Management (EM) employee vacation and sick leave credits up to an amount equal to any earned but unused vacation or sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous employer.

C. Vacation Leave Rate of Accrual. The City Manager is authorized to provide longevity credits towards the rate of vacation hours’ accrual for a newly appointed Executive Management (EM) employee. The longevity credit can only be used for the purpose of rate of vacation accrual.

D. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at his or her discretion, a paid or unpaid leave of absence for Executive Management (EM) employees.

Section 6. Retirement Plan Contributions.

A. The terms of the existing contract between the City and California Public Employees’ Retirement System (CalPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by City Council 23 – 10 2/20/2024
reference herein. The City will make contributions to CalPERS in accordance with its contract with CalPERS for employees covered by said contract as amended.

B. The California Public Employees’ Pension Reform Act (PEPRA) went into effect on January 1, 2013. Based on consideration of various eligibility factors, PEPRA defines each employee as either a “classic” or “new” member of CalPERS.

C. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit.

D. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8%) of CalPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost-sharing pursuant to Government Code Section 20516(f).

1. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution will be implemented through payroll deductions on a pre-tax basis.

E. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit.

F. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.E. (above) will contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit.

1. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions.

G. 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 3% at 50 Service Retirement benefit.

H. Payment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees defined in 6.G. (above) will contribute nine percent (9%) of CalPERS reportable compensation toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost-sharing pursuant to Government Code Section 20516(f).

City Council 23 – 11 2/20/2024

1. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9%) employee contribution will be implemented through payroll deduction on a pre-tax basis.

I. 2.7% @ 57 Retirement Benefit for New Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% @ 57 Service Retirement benefit.

J. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.I. (above) will contribute at least 50% of normal cost of the 2.7% at 57 retirement benefit.

1. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions.

K. Final Compensation for Pension Calculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of his or her retirement, or some other 12 consecutive month period designated by the member.

Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member.

L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section D and H (above). The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100%) of each employee’s member contribution and report it to CalPERS as special compensation [Government Code §20636(C)(4)]. This contribution is known as Employer Paid Member Contribution (EPMC), which is equal to eight percent (8%) of reportable compensation for Classic Miscellaneous Members and nine percent (9%) for Classic Safety Members. Such payments will be credited to the individual employee’s CalPERS account.

Such payments are not an increase in base salary and no salary rate range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City City Council 23 – 12 2/20/2024
receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City’s obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8%) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9%).

For the purpose of reporting an employee’s compensation to CalPERS, the City will include these payments as if they were a part of the employee’s reportable compensation.

Section 7. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full-time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees.

Section 8. Retirement Health Savings (RHS) Plan.

A. Employees participate in the “Vantage Care” Retirement Health Savings Plan (RHS), which designated ICMA-RC as the administrator of the plan. The City shall make contributions into the individual accounts of Executive Management (EM) employees as provided to the highest represented non-sworn employees’ unit.

1. Executive Management (EM) employees will contribute one and onequarter percent (1.25%) of base pay into his/her individual RHS account each pay period.

2. Executive Management (EM) employees shall have the option to amend the current Executive Management plan design by mutual agreement of the majority within in the City’s agreement with ICMA-RC.

Section 9. Auto Allowance. With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the operation, maintenance and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with an optional vehicle.

Section 10. Deferred Compensation. The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into the City’s 457(b) plan a portion of his or her compensation up to the maximum amount permitted by law.

As permissible by law if the City is desirous of establishing a 401(a) deferred compensation plan at a future date, Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may elect to participate into said 401(a) City Council 23 – 13 2/20/2024
plan upon its establishment, and defer a portion of his or her compensation up to the maximum amount permitted by law.

All contributions into the 457(b) and 401(a) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code.

Section 11. Executive Management (EM) Compensation Determination and Performance-Based Evaluation System. The provisions of the unrepresented Executive Management (EM) compensation determination and performance-based evaluation system are as follows:

A. Specific Compensation Determination.

1. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established rate range for all executive positions for which the City Manager is the appointing authority.

2. The City Manager may establish performance criteria and appraisal guidelines to be utilized in determining individual compensation for Executive Management (EM) employees.

3. After the salary of an employee has been first established and fixed under this plan, salary advancement through the salary range will be at the discretion of the City Manager.

B. Performance-Based Evaluation Purpose. The basic purpose of the performancebased evaluation system is to help attract, retain and motivate highly competent Executive Managers and to provide them with a strong incentive to excel.

1. Evaluation System Components. The evaluation system will be comprised of the following components:

2. Objectives. The system will include a list of outcome-based, measurable objectives to be achieved which have been mutually agreed upon between the City Manager or authorized appointing authority and each individual EM employee.

3. Managerial Behaviors. In addition to his or her performance in achieving agreed upon objectives, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision-making and judgment, planning and organization, management control, leadership, interpersonal relations, timemanagement, technical knowledge, handling of stress, etc.

C. Performance Evaluation Guidelines.

City Council 23 – 14 2/20/2024

1. The City Manager will evaluate the performance of each of his or her Executive Management (EM) employees to determine their individual eligibility for a performance increase and how much, if any, increase will be given, but such increase cannot exceed the salary range maximum assigned. Such performance evaluation will be for a determined period preceding the date of the performance evaluation.

2. Performance Ratings. Each Executive Manager’s performance in relation to his or her agreed upon objectives and managerial behaviors will be evaluated for an identified period according to the following performance rating scale:

Point Rating Performance Levels
3 Significantly Exceeds Expectations:

Consistently exceeds all objectives requirements and
expectations by a wide margin.
2 Exceeds Expectations:

Consistently meets all objectives and requirements
and exceeds several.
1 Meets Expectations:

Meets objectives and requirements.

3. Performance-Based Incentive Pay Bonus. At the discretion of the City Manager, each Executive Management (EM) employee who has achieved and maintained the maximum salary of their classification salary range for one (1) full year, may be eligible to receive a lump sum performance-based incentive pay bonus for extremely meritorious performance outside their regular job responsibilities. The calculation of the incentive pay bonus will be based on a percentage of current annual rate of base salary for the identified period in which the compensation was earned, in accordance with the following:
a. For overall performance rated as “Extremely Meritorious Performance,” an incentive pay bonus up to, but not to exceed seven and one-half percent (7.5%) in toto.

D. Application of Guidelines.

1. The incentive pay bonus granted under this plan is not an increase in base salary and no salary range applicable to any Executive Management employee covered by this Resolution will be changed or deemed to have been changed by reason of such incentive pay.

City Council 23 – 15 2/20/2024

2. The lump sum incentive pay bonus defined for overall Extremely Meritorious Performance listed above in Section C.3. (a) is not intended to meet the definition of Special Compensation under Government Code Section 20636 (c) (1-7).

3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the Unrepresented Executive Management (EM) performancebased evaluation system. Such procedures and guidelines will define how performance objectives, measures and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance incentive pay bonuses are to be exercised.

Section 12. Miscellaneous Provisions
A. Catastrophic Leave Donation. Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees.

B. Technology Device Stipend. Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that provided to all other represented employees.

D. At-Will Employment Relationship. With the exception of the Police Chief, classifications listed in Section 1. A. are defined as not excepted by the Civil Service System as defined in Section 1002 of the City of Santa Ana Code of Ordinance, Charter Article X – Civil Service and are considered to be employed “at-will” as defined by the California Labor Code section 2922. Employees appointed by, and serves the pleasure of, the City Manager. Nothing in this Resolution Exhibit shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate employment of an employee at any time, with or without cause.

City Council 23 – 16 2/20/2024
ATTACHMENT 1

UNREPRESENTED EXECUTIVE MANAGEMENT (EM)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JANUARY 14, 2024

JOB TITLE JOB

CODE MINIMUM MAXIMUM
Assistant City Manager (EM) 00090 17,581 23,245
Chief Technology Innovations Officer (EM) 01701 14,075 18,315 Executive Director of Community Development (EM) 02870 14,075 18,315 Executive Director of Finance and Management Services (EM) 01190 14,075 18,315 Executive Director of Human Resources (EM) 01830 14,075 18,315 Executive Director of Parks, Recreation, and Community Services (EM) 05400 14,075 18,315 Executive Director of Planning and Building Safety (EM) 02490 15,537 20,218 Executive Director of Public Works (EM) 02170 15,537 20,218 Library Services Director (EM) 01561 14,075 18,315
Police Chief (EM) 03390 17,581 23,245
City Council 23 – 17 2/20/2024
Planning and Building Agency
santa-ana.org/departments/planning-and-building
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Vista Heritage Charter School

AGENDA TITLE
Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023-03 for the Expansion of Vista Heritage Charter School Located at 601 North Fairview Street (Second Reading)
Legal notice published in the OC Reporter on January 19, 2024.

RECOMMENDED ACTION

1. Conduct a second reading and adopt an ordinance approving Amendment Application (Zone Change) No. 2023-04.

ORDINANCE NO. NS-3055 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82)

2. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned.

ORDINANCE NO. NS-3056 entitled ZONING ORDINANCE AMENDMENT NO. 2023-03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW

PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE

REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS

AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS

AGREEMENTS
City Council 24 – 1 2/20/2024
Vista Heritage Charter School
February 20, 2024

3. Determine that adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15301 and 15183 of the CEQA guidelines.

GOVERNMENT CODE §84308 APPLIES Yes

DISCUSSION
At its January 16, 2024 regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning two ordinances for the project located at 601 North Fairview Street. The two ordinances include:

1. Amendment Application No. 2023-04 (AA No. 2023-04), and

2. Zoning Ordinance Amendment No. 2023-03 (ZOA No. 2023-03) The City Council approved the first reading of AA No. 2023-04 and ZOA No. 2023-03 as presented by staff.

To date, the proposed project has generated a total of 156 temporary employment opportunities, including environmental engineers, environmental remediation technicians, demolition crew, architects, engineers, development consultants, and an attorney. Additionally, the new administrative office will create ten permanent employment positions. Moreover, the applicant will pay approximately $46,235 in entitlement, plan check, and permit fees.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 – Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines.

Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes.

Additionally, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines.

The environmental review contained in Exhibit 7 has been prepared, and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualified for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental City Council 24 – 2 2/20/2024
Vista Heritage Charter School
February 20, 2024

Impact Report (GPU EIR). Specifically, the analysis evaluates the change of use of the existing 5,837-square-foot building from auto-repair to administrative office and site improvements that include new landscaping, façade remodel, and new outdoor areas for the office and the school.

CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions:
a) The project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects.
d) There are no potentially significant off-site and/or cumulative impacts which the prior EIR failed to evaluate.
e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR.

The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions.

The GPU identifies that the Interim Development Standard for the FLEX-1.5 area are those development standards outlined for the M1 zoning designation. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed 30% of the gross floor area. The Project would result in a FAR of

0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 City Council 24 – 3 2/20/2024
Vista Heritage Charter School
February 20, 2024

FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project.

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

EXHIBIT(S)

1. Amendment Application Ordinance

2. Zoning Ordinance Amendment Ordinance

3. January 16, 2024 City Council Meeting Link
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 24 – 4 2/20/2024
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 2023-04 AMENDING THE ZONING FOR THE
PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET
(APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO
SPECIFIC DEVELOPMENT NO. 82 (SD-82)

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. Red Hook Capital Partners, LLC with Vista Heritage Charter Schools (“Applicant”) representing 2609 W. 5th Street LLC (Property Owner) is requesting approval of Amendment Application (AA) No. 2023-04 to change the zoning designation of the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82) in order to facilitate the change of use of an existing auto-repair business to an administrative office.

B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time.

C. On April 19, 2022, the City adopted the General Plan Update and it went into effect on May 26, 2022. The approval of the subject project is consistent with the Industrial/Flex-Low (Flex-1.5) General Plan land use designation and the designated West Santa Ana Boulevard Focus Area. The Flex-1.5 land use designation encourage a myriad of industrial uses that do not produce significant air pollutants including office-industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site’s General Plan Focus City Council 24 – 5 2/20/2024
Ordinance No. NS-XXXX

Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed-use corridor with a goal of transitioning out existing auto-oriented and traditional industrial uses to clean manufacturing and research and development uses, and live-work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities.

In addition, the focus area would transition the auto-oriented neighborhoods and institutions into a series of transit-oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto-repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan.

D. The entire Project as currently proposed entails, among other things, (1) Approval of Amendment Application No. 2023-07 to change the site’s zoning designation from Light Industrial (M1) to Specific Development No. 82 (SD-82) and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices as a permitted use on Parcel 4, and an Outdoor Play Area in Parcel 2 ancillary to the Vista Heritage Charter School.

E. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings.

Materials resulting from the meetings were subsequently posted to the City’s webpage for the project.

F. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04.

G. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04.

H. For the reasons contained herein, and each of them, Amendment Application No. 2023-04 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; 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.

City Council 24 – 6 2/20/2024
Ordinance No. NS-XXXX

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. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto-repair to administrative office and site improvements that include new landscape, façade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are “consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” The CEQA Guidelines further state that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards . . . then an additional EIR need not be prepared for the project solely on the basis of that impact.” CEQA Guidelines Section 15183(c).
(B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU.

The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density-related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions.

City Council 24 – 7 2/20/2024
Ordinance No. NS-XXXX

(C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures.
(D) Specifically, the Project qualifies for the exemption because the following findings can be made:

1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.

The Project would result in a FAR of 0.14, which is less than the maximum FAR of

1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements.

2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level.

3. There are no potentially significant off-site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build-out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off-site or cumulative impacts have been identified which were not previously evaluated.

4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR.

5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation City Council 24 – 8 2/20/2024
Ordinance No. NS-XXXX

measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project’s conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project.

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. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2023-04. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2023 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

Section 6. 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 7. This Ordinance shall become effective thirty (30) days after its adoption.

Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page]
City Council 24 – 9 2/20/2024
Ordinance No. NS-XXXX

ADOPTED this day of , 2024.

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 24 – 10 2/20/2024
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. NSXXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.

Date:

City Clerk
City of Santa Ana
City Council 24 – 11 2/20/2024
City Council 24 – 12 2/20/2024
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2023-03 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO.
82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82
AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO
ALLOW FOR THE CREATION OF THREE (3) LAND USE

ZONES, NEW PERMITTED USES AND ANCILLARY USES,

AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY

MAINTENANCE, COVENANTS, CONDITIONS AND

RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING

AND ACCESS AGREEMENTS

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. On October 20, 2008, the City Council adopted Ordinance No. NS-2777, rezoning the property located at 2501 West Fifth Street, described as Parcels 1 and 2 of Parcel Map No. 84-886, as shown on a map filed in Book 198, Pages 19-20 of Parcels Maps in the Office of the County Recorder of Orange County, California, from Light Industrial (M-1) to Specific Development Plan No. 82 (SD-82).

B. On January 21, 2020, the City Council adopted Ordinance No. NS-2983, to amend the Santa Ana Municipal Code (SAMC) to include a definition of “schools”; allow schools as a permitted use in SD-82; to adopt a set of operational standards for schools within SD-82; allow Vista Heritage Charter School to expand to 66,000 square feet in size; and allow Vista Heritage Charter School to expand the student enrollment to 870 students.

C. The proposed Project would only affect Parcel 1, 2, and 4, of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California.

D. The proposed Project entails, among other things, (1) Approval of Amendment Application No. 2023-04 to change the zoning designation for the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82); and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices, Surface Parking, and Private Outdoor Community Areas as a permitted use on Parcel 4, and Outdoor Play Area on Parcel 2, ancillary to the Vista Heritage Charter School. Parcel 2 and 4 are as shown on Parcel Map No. 84-886, as City Council 24 – 13 2/20/2024
Ordinance No. NS-XXXX

shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California.

E. The approval of the text amendments, permissible uses, and development standards are consistent with the General Plan land use designation of Industrial/Flex-1.5 (Flex 1.5) and the designated West Santa Ana Boulevard Focus Area. On April 19, 2022, the City adopted the General Plan Update which went into effect on May 26, 2022. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office-industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site’s General Plan Focus Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed-use corridor with a goal of transitioning out existing autooriented and traditional industrial uses to clean manufacturing and research and development uses, and live-work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the focus area would transition a group of auto-oriented neighborhoods and institutions into a series of transit-oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto-repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan.

F. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at SAMC Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City’s webpage for the project.

G. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03.

H. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03.

I. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2023-3 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the City Council 24 – 14 2/20/2024
Ordinance No. NS-XXXX

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 recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto-repair to administrative office and site improvements that include new landscape, façade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are “consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” The CEQA Guidelines further state that “[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards . . . then an additional EIR need not be prepared for the project solely on the basis of that impact.” CEQA Guidelines Section 15183(c).
(B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU.

The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density-related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per City Council 24 – 15 2/20/2024
Ordinance No. NS-XXXX

acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures.
(D) Specifically, the Project qualifies for the exemption because the following findings can be made:

1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.

The Project would result in a FAR of 0.14, which is less than the maximum FAR of

1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements.

2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level.

3. There are no potentially significant off-site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build-out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off-site or cumulative impacts have been identified which were not previously evaluated.

4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU City Council 24 – 16 2/20/2024
Ordinance No. NS-XXXX

EIR.

5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project’s conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project.

Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows:

TEMPLO CALVARIO ASSEMBLY OF GOD
Specific Development Plan No. 82
Section 1. Applicability of Ordinance
The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance.

Section 2. Purpose
The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property.

Section 3. Uses Permitted

1. The following uses are permitted in the SD-82 District:

A parcel or building within the Specific Development Plan No. 82 (SD82) shall be occupied by only the land uses allowed by this Section 3, and as permitted in created Zones, hereinafter referred to as Zone 1, Zone 2, and Zone 3 (“Zones”), as adopted and depicted in Attachment A.

City Council 24 – 17 2/20/2024
Ordinance No. NS-XXXX

Zone 1

1. The permitted land uses within Zone 1 shall be as follows:
(a) Administrative offices.
(b) Surface parking lot for off-street parking purposes only, exclusive to Parcels 1, 2, and 4 of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County,
California, and any future adjoining parcels that may form part of the Civic Center Business Park or its future successors. (c) Private outdoor community area, to be accessible to all Zones, but shall not be used exclusively for school purposes, including but not limited to, outdoor play area, school children play area, nor for school recreational activities.

Zone 2

2. The permitted land uses within Zone 2 shall be as follows:
(a) The compounding, processing or treatment of raw or previously used materials into a finished or semi-finished product, excluding those specified in SAMC section 41-489.5.
(b) The manufacturing of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those specified in SAMC section 41-489.5. (e) Machine shops or other metal working shops.
(f) Warehousing
(g) Bulk product sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity.
(h) Wholesale establishments where the primary trade is businessto- business sale of products, supplies and equipment. (i) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the City Council 24 – 18 2/20/2024
Ordinance No. NS-XXXX

building or structure.
(j) Impound yards (storage only) with no office or dispatching operations.
(k) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (l) Eating establishments not specified in section 41-472.5. (m) Research laboratories that do not generate hazardous waste materials.
(n) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales.
(o) Truck, boat and heavy equipment sales, rental, and service. (p) Movie, photography, musical or video production studios. (q) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity.
(r) Public utility structures.
(s) Blueprinting, photoengraving, screen printing and other reproduction processes.
(t) Wholesale nursery and plant storage.
(u) Contractor's yard.
(v) Automotive repair and service, including body and fender repair, painting, and engine replacement.
(w) Home improvement warehouse store.
(x) Sales of industrial products, supplies and equipment used for final product manufacture.
(y) Lumberyard, including mill and sash work if conducted entirely within an enclosed building.

City Council 24 – 19 2/20/2024
Ordinance No. NS-XXXX

(z) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including:
(aa) Small collection facilities.
(bb) Large collection facilities.
(cc) Light processing facilities.
(dd) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.
(ee) Storage and distribution of hazardous materials.
(ff) Schools
The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit:
(a) Administrative office use occupying up to thirty (30) percent of the gross floor area.
(b) Product sales or service uses occupying up to five (5) percent of the gross floor area.
(c) Child care facilities occupying up to thirty (30) percent of the gross floor area; . provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area.
(d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41- 622 of the Code, as ii may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons.
(e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent.
(f) The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit:

City Council 24 – 20 2/20/2024
Ordinance No. NS-XXXX

(g) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only.
(h) Storage of new or used buildings or houses.
(i) Child care facilities other than as permitted by section 41-472.1. (j) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally
associated with manufacturing operations such as
woodworking or machine shops.
(k) Kennels for the temporary care and lodging of dogs and other domesticated household animals.
(l) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use.
(m)Eating establishments with drive-through window service. (n) Petroleum and gas storage.
(o) Freight, bus and truck terminal.
(p) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.
(q) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (r) Heavy processing recycling uses.
(s) Car wash facility.
(t) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational
standards set forth in section 41-199.1.
(u) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection.

City Council 24 – 21 2/20/2024
Ordinance No. NS-XXXX

(v) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(w) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (x) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(y) Churches and ancillary church uses.

3. The following uses are permitted when ancillary to any use permitted or permitted with the approval of a conditional use permit in Zone 2:
(a) Administrative office occupying up to thirty (30) percent of the gross floor area.
(b) Product sales or service uses occupying up to five (5) percent of the gross floor area.
(c) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent.

4. The following uses may be permitted in Zone 2 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC:
(a) Principal industrial uses occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only.

City Council 24 – 22 2/20/2024
Ordinance No. NS-XXXX

(b) Childcare facilities other than as permitted by section 41-472.1 of the SAMC.
(c) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally
associated with manufacturing operations such as
woodworking or machine shops.
(d) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.
(e) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area.

Zone 3

5. The permitted land uses within Zone 3 shall be as follows:
(a) Schools and ancillary school uses.

6. The following uses are permitted when ancillary to any uses permitted or permitted with the approval of a conditional use permit in Zone 3:
(a) Outdoor play area, ancillary to school uses.

7. The following uses may be permitted in Zone 3 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC:
(a) Churches and ancillary church uses.

Section 4. Development Standards

1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size.

2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on-site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by the City Landscape Associate.
(a) A landscape area not less than 5 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on City Council 24 – 23 2/20/2024
Ordinance No. NS-XXXX

Fairview Street.
(b) All new landscape planters and landscaped areas shall meet the commercial landscape planter standards.
(c) Vine pockets shall be provided along the north (OCTA rightof-way) block wall every 15 feet.

3. Architectural and Design Features.
(a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site.
(b) Trash Enclosure: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings.
(c) Lighting Standards/Fixtures: A minimum of one-foot candle of light shall be provided throughout the parking area.

Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval.

4. School Operational Standards
(a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pickup areas (limited to rear of building), and the driveways to be used for these functions.
(b) A Safety Plan shall be submitted for review and approval.

At a minimum, the Plan shall include provisions for student safety to the campus, during school operating hours, and safety exiting the campus.
(c) Physical education activities shall be limited to indoors only.

No activities shall be conducted outside the building. A minimum of 10 square feet of physical activity area per student shall be provided. Physical education activities shall be limited to indoors and the outdoor designated gated area.

Any changes to the designated outdoor play area shall be submitted to the Planning Division for review and approval.

City Council 24 – 24 2/20/2024
Ordinance No. NS-XXXX

(d) Student enrollment for the school shall be capped at a maximum of 870 students.
(e) A Parking Management Plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The Plan shall include provisions for parking during special events at the school.
(f) The school shall submit an annual Special Events Program to Planning Staff and the community association at least 15 days prior to the start of the school year. The Program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. (g) Schools are subject to periodic review by the Planning Division to ensure compliance with the school; Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action.

5. Property Maintenance.
(a) Graffiti: All graffiti shall be removed from the premises within 24 hours of discovery and/or notification of graffiti on the premises.
(b) Parking Lot/Drive Aisles: Parking and driveway areas located on the parcels shall be kept in a good and clean condition.

Standards maintenance and repairs of paved surfaces shall be conducted on a regular basis. The normal cleaning and removal of refuse and trash shall occur on the premises. (c) Landscaping: All landscaping shall be maintained at all times.

Any dead or missing landscaping shall be replaced in a timely manner.

Section 5. Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Parking and Access Agreements
(a) The CC&Rs governing the subject properties shall be refined and submitted to the City prior to permit issuance of any site improvements, included but not limited to the following:

I. Square footage addition to any of the existing buildings City Council 24 – 25 2/20/2024
Ordinance No. NS-XXXX

II. Fences
III. Storage sheds
IV. Landscape planters
(b) A copy of a recorded and executed reciprocal parking and access agreement shall be provided to the Planning and Building Agency (PBA), prior to permit issuance of any site improvements as listed in Section 5 (a). The reciprocal parking and access agreement shall include language for reciprocal parking and access among legal Parcels 1, 2, and 4, as shown on Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. (c) Alternative to the requirements in Section 5(b), an equivalent action/document can be provided to the PBA ensuring that the subject properties meet all required off-street parking and access requirements.

Section 5. 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 6. 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 , 2024.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Jose Montoya
Assistant City Attorney
City Council 24 – 26 2/20/2024
Ordinance No. NS-XXXX

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 24 – 27 2/20/2024
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. NSXXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.

Date: City Clerk
City of Santa Ana
City Council 24 – 28 2/20/2024
Attachment A
City Council 24 – 29 2/20/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update – Second Reading

AGENDA TITLE
Ordinance Amendment No. 2023-04 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments (Second Reading); Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks (Second Reading); and Zoning Ordinance Amendment No. 2023- 04 to Update Chapter 41 (Zoning) of the SAMC Addressing Billboards and General Restrictions (Second Reading)

RECOMMENDED ACTIONS

1. Find and determine that the adoption of these ordinances is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time.

2. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-04 amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of the ordinance to specific development amendments.

ORDINANCE NO. NS-3057 entitled ORDINANCE AMENDMENT NO. 2023-04 –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY

MEETINGS

3. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2023-05 amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks.

City Council 25 – 1 2/20/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update – Second Reading
February 20, 2024

ORDINANCE NO. NS-3058 entitled ORDINANCE AMENDMENT NO. 2023-05 –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND

PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS

4. Conduct second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2023-04 amending Chapter 41 (Zoning) of the SAMC addressing billboards and general restrictions.

ORDINANCE NO. NS-3059 entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA

ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS AND

BILLBOARDS
GOVERNMENT CODE §84308 APPLIES Yes

DISCUSSION
At its January 16, 2024 regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning three ordinances. The three ordinances include:

1. Ordinance Amendment No. 2023-04 (OA No. 2023-04),

2. Ordinance Amendment No. 2023-05 (OA No. 2023-05), and

3. Zoning Ordinance Amendment No. 2023-04 (ZOA No. 2023-04) The City Council approved the first reading of OA No. 2023-04 and OA No. 2023-05 as presented by staff. However, the City Council struck several sections of ZOA No. 2023- 04 including Section 4, pertaining to the administrative approval of the renewal of wireless communication facility Conditional Development Permits, and Sections 7 through 20, pertaining to hotels/motels and full service hotels.

The City Council passed the motion, as amended, by a vote of 7-0.

OA No. 2023-04 amends Article II.II of Chapter 2 (Sunshine Ordinance) by making the ordinance applicable to specific development amendments.

OA No. 2023-05 amends Chapter 14 (Fire Protection and Prevent and Emergency Services), which limits permits for the sale of safe and sane fireworks to schools with affiliated organizations and nonprofit organizations located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily City Council 25 – 2 2/20/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update – Second Reading
February 20, 2024

benefitting the Santa Ana community and having 75% of members residing within city limits.

As amended by the City Council, ZOA No. 2023-04 amends Chapter 41 (Zoning) by specifying that the minimum separation between billboards is applicable to those on the same side of the freeway; and cleaning up the General Restrictions section of the Zoning Code.

ENVIRONMENTAL IMPACT
The City Council finds and determines that these actions are not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because they will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility they will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances and resolution.

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

EXHIBITS

1. Ordinance for OA No. 2023-04 (Sunshine Ordinance)

2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services)

3. Ordinance for ZOA No. 2023-04 (Zoning)
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 25 – 3 2/20/2024
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2023-04 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION)

OF THE SANTA ANA MUNICIPAL CODE RELATING TO

PUBLIC INPUT THROUGH COMMUNITY MEETINGS

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. On October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created.

B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines.

C. In 2023, City of Santa Ana (“City”) staff reviewed the Sunshine Ordinance and identified the need to clarify applicability to add specific development amendments.

D. Ordinance Amendment No. 2023-04 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies.

E. The proposed amendment is consistent with the General Plan of the City.

Modification to the section regarding public input through community meetings prior to discretionary approval is consistent with General Plan Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to “facilitate community engagement and dialogue in policy decisions and outcomes affecting land use and development.” By clarifying applicability to include specific development amendments, the City enables public input opportunities during the discretionary approval process.

F. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-04.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and City Council 25 – 4 2/20/2024
Ordinance No. NS-XXX

Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-125, will be filed upon adoption of this ordinance.

Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows:

Sec. 2-153. – Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one (1) or more of the following criteria:
(1) City-sponsored development projects.
(2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one (1) or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal.
(3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act.
(4) Development projects requiring a zone change, specific plan amendment, specific development amendment, or general plan amendment.

Section 4. 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 5. This ordinance shall become effective thirty (30) days after its adoption.

City Council 25 – 5 2/20/2024
Ordinance No. NS-XXX

Section 6. 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 ___________, 2024.

_________________________
Valeria Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 6 2/20/2024
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, 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 25 – 7 2/20/2024
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2023-05 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 14
(FIRE PROTECTION AND PREVENTION AND

EMERGENCY SERVICES) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO SAFE AND SANE

FIREWORKS

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. On an ongoing basis, City of Santa Ana (City) staff review and analyze various chapters of the Santa Ana Municipal Code (SAMC). In an effort to protect public health, safety, and welfare, the Building Safety Division is proposing revisions to the Municipal Code.

B. Ordinance Amendment No. 2023-05 amends Chapter 14 (Fire Protection and Prevention and Emergency Services), and Section 14-56 (Permits, issuance) addressing issuance of permits for safe and sane fireworks.

C. The amendments will enable the City to implement a regulatory framework and clarify eligibility criteria to be issued a permit for the sale of safe and sane fireworks.

D. The amendments are consistent with the General Plan of the City. Modification to the permits section pertaining to fireworks is consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to “preserve a safe and secure environment for all people and property.” By limiting issuance of permits for the sale of safe and sane fireworks, the City may minimize risk.

E. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-05.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-126, will be filed upon adoption of this ordinance.

City Council 25 – 8 2/20/2024
Ordinance No. NS-XXX

Section 3. Section 14-56. Permits, issuance of Chapter 14 of the SAMC is hereby amended to read as follows:

Sec. 14-56. Permits, issuance.
(a) Permits for the sale of safe and sane fireworks shall be issued only to: (i) organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community, with their principal and permanent meeting place within the City of Santa Ana, and at least seventyfive (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City’s corporate limits for minimum of one (1) year continuously preceding the filing of the permit application. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion.
(c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance.

Section 4. 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 5. This ordinance shall become effective thirty (30) days after its adoption.

Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page]
City Council 25 – 9 2/20/2024
Ordinance No. NS-XXX

ADOPTED this _______ day of ___________, 2024.

_________________________
Valeria Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 10 2/20/2024
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, 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 25 – 11 2/20/2024
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2023-04 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE

RELATING TO GENERAL RESTRICTIONS AND

BILLBOARDS

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. On an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish highquality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.

B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers.

C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-1130 (Permitted locations), and Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards).

D. The proposed amendments are consistent with the General Plan of the City.

Specifically, the proposed amendments are consistent with the following goals and policies:
a. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted.
b. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which City Council 25 – 12 2/20/2024
Ordinance No. NS-XXX

intends to ensure that signs are situated to minimize detrimental impacts.

The change to the billboard standards will result in billboard construction that minimizes visual impacts.

E. On December 11, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04.

F. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-115, will be filed upon adoption of this ordinance.

Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-190. - General restrictions.

Except as hereinafter provided:
(a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited.
(b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located.
(c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

City Council 25 – 13 2/20/2024
Ordinance No. NS-XXX

(e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts.

Section 4. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-1130. - Permitted locations.

New and reconstructed billboards, and the conversion of existing freeway oriented on-premise advertisement signs to a digital billboard:
(a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one-hundred fifty (150) feet for mixed-use districts by the Planning Commission through the approval of a Conditional Use Permit.
(d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans).
(e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan.
(f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (I-5) Freeway between Main Street and Grand Avenue.

City Council 25 – 14 2/20/2024
Ordinance No. NS-XXX

Section 5. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows:

Sec. 41-1131. - Development standards.
(a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued.

These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions.
(b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited.
(c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards.

Table 41-1131 Digital Billboard Development Standards
Standard
Maximum Sign Area/Face As allowed by Caltrans
Maximum Number of Faces Two (2)
Maximum Height Sixty (60) feet(1)
Spacing Between Billboards One-thousand (1,000) feet(2) Number of Vertical Supports One Vertical Support(3)
Notes:

1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit.

2. The minimum separation between billboards located on the same freeway side shall be one-thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard’s vertical support.

3. All conduits, cables and appurtenances shall be concealed within the vertical support.

Section 6. 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 7. This ordinance shall become effective thirty (30) days after its adoption.

City Council 25 – 15 2/20/2024
Ordinance No. NS-XXX

Section 8. 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 ___________, 2024.

_________________________
Valeria Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 16 2/20/2024
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, 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 25 – 17 2/20/2024
City Clerk Office
www.santa-ana.org/city-clerks-office
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Boards and Commissions Biannual Attendance Report

AGENDA TITLE
Receive and File Boards and Commissions Biannual Attendance Report for June through December 2023

RECOMMENDED ACTION
Receive and file Boards and Commissions Biannual Attendance Report.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Boards and Commissions Attendance Report is prepared biannually to inform the City Council regarding member attendance at board and commission meetings. This report covers the period of June through December 2023.

Pursuant to Santa Ana Municipal Code Section 2-326(c), if a member of a board or commission absents themselves from two regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the City, the office shall become vacant and shall be so declared by the City Council.

Should the City Council find that any member of a board or commission meets the above noted absence thresholds, City Council may direct staff to return with an item declaring such vacancy and removing the board or commission member from their appointment. Any such vacancy would then be subject to appointment to fill the unexpired portion of the existing term, pursuant to Santa Ana Municipal Code Section 2- 326(b) and following the required noticing procedures of Government Code Section 54974(a).

City Council 27 – 1 2/20/2024
Boards and Commissions Biannual Attendance Report
February 20, 2024

Vince Frazier, the Section 8 Tenant representative on the Community Development Commission, has missed every meeting, without notice, during this reporting period despite numerous and varied attempts by staff to contact him. This is the second consecutive reporting period with the same absences.

The Police Oversight Commission began holding meetings in October 2023 so data is only available for the months of October through December for this reporting period. All members attended each meeting with no absences.

The Rental Housing Board has not yet met quorum, having only one appointed member. Therefore, no meetings have been held and there is no attendance information to report.

All Workforce Development Board meetings for this reporting period were canceled.

New appointments were recently made in January 2024, which should help this Board meet a quorum for attendance to hold a meeting.

All Youth Commission meetings for this reporting period were canceled. There are currently three vacancies on this Commission and the existing four members have had scheduling conflicts making it impossible to reach a quorum and hold a meeting.

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

EXHIBIT(S)

1. Biannual Attendance Reports
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Tom Hatch, Interim City Manager
City Council 27 – 2 2/20/2024
City Council 27 – 3 2/20/2024
City Council 27 – 4 2/20/2024
City Council 27 – 5 2/20/2024
City Council 27 – 6 2/20/2024
City Council 27 – 7 2/20/2024
City Council 27 – 8 2/20/2024
City Council 27 – 9 2/20/2024

CITY O F SANTA A N A

BIANNUAL A T T E N D A N C E R E P O R T TO CITY COUNCIL (July 2023 – Decem ber 2023)
Parks, Recreation, and Community Services Commission
BOARD/COMMISSION NAME:

JULY
Meeting Dates
AUGUST
Meeting Dates

SEPTEMBER
Meeting Dates

OCTOBER
Meeting Dates

NOVEMBER
Meeting Dates

DECEMBER
Meeting Dates

MEMBER NAME
Roberto Herrera
C C

X X X X
Amina Sen-Matthews
Cory Nelson X X X
Ruby Woo
Angie Gomez
Maria Zacarias Torres
Selica Diaz
X X
X
X
X
X X
X
X
X
X
X
X
X
X
Silvia Reyes
David Dang
ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence

Form Continued
COMMENTS:
2/12/2024
______________________________
Date
____
Department Head Signature

City Council 27 – 12 2/20/2024
City Council 27 – 13 2/20/2024
City Council 27 – 14 2/20/2024

CITY O F SANTA A N A

BIANNUAL A T T E N D A N C E R E P O R T TO C ITY COUNCIL (July 2023 – Decem ber 2023)
BOARD/COMMISSION NAME: POLICE OVERSIGHT COMMISSION
JULY
Meeting Dates
AUGUST
Meeting Dates

SEPTEMBER
Meeting Dates

OCTOBER
Meeting Dates

NOVEMBER
Meeting Dates

DECEMBER
Meeting Dates
MEMBER NAME N/A N/A N/A 10/6 11/9 12/14

DANNY VEGA X X X

KEITH CARPENTER X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

EVANGELINE

GAWRONSKI
AMALIA
MEJIA

CARLOS PEREA

GABRIEL

CASTILLO LAUGHTON

NADIN SAID
ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence

f. �ꢀꢁ ꢀ- 1-L�
Date
City Council Page 2 of 2 27 – 16 2/20/2024
City Council 27 – 17 2/20/2024

CITY O F SANTA A N A

BIANNUAL A T T E N D A N C E R E P O R T TO CITY COUNCIL (July 2023 – Decem ber 2023)
Youth Commission
BOARD/COMMISSION NAME:

JULY
Meeting Dates
AUGUST
Meeting Dates

SEPTEMBER
Meeting Dates

OCTOBER
Meeting Dates

NOVEMBER
Meeting Dates

DECEMBER
Meeting Dates

MEMBER NAME
Brandon Nguyen

C C C C C C
Llyn Jaimes
Dahila Sarmiento
Alessandra Huizar
Isabella Guerra
Kimberly Cabrera
Mia Verdin
ATTENDANCE KEY: X = Attended E = Excused Absence U = Unexcused Absence

Form Continued
COMMENTS:

All commission dates did not make quorum
2/12/2024
_______________________________
Date
___
Department Head Signature

Community Development Agency
www.santa-ana.org/community-development
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Addendum to the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities

AGENDA TITLE
Approve an Addendum to the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities

RECOMMENDED ACTION
Authorize the City Manager to issue an Addendum to the Fiscal Year 2023-24 Request for Proposals for Affordable Homeownership Opportunities to expand the types of eligible proposals for affordable rental projects with a development site preference for specific areas in the City and revise the name to Request for Proposals for Affordable Housing Development.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On October 17, 2023, the City Council authorized the City Manager to issue a Fiscal Year 2023-24 Request for Proposals (RFP) for Affordable Homeownership Opportunities to solicit proposals for affordable ownership projects in the City of Santa Ana with funding from the HOME Investment Partnerships (HOME) Program (Exhibit 1). Following this approval, RFP # 23-156 was issued on October 19, 2023. The first deadline for the RFP was on December 15, 2023, and the City received one proposal before the deadline requesting a total of $2.4 million out of the $7.8 million made available. Staff is still reviewing the proposal.

In general, there was a low response to the RFP. Multiple developers worked to create a proposal to develop new affordable homeownership opportunities. However, the feedback that staff received was that developers were unable to formulate a feasible proposal due to various complexities with financing affordable homeownership opportunities using the City’s HOME Program funds. Developers had the following issues:
• Maximum per-unit subsidy limit: The HOME Program establishes maximum perunit subsidy limits for the use of HOME funds. The 2023 maximum per-unit subsidy limits published by the Department of Housing and Urban Development (HUD) and applicable to Santa Ana are as follows:

City Council 28 – 1 2/20/2024
Addendum to the FY 2023-24 RFP for Affordable Homeownership Opportunities February 20, 2024

Bedrooms HOME Maximum Subsidy
0 Bedrooms $173,011
1 Bedroom $198,331
2 Bedrooms $241,176
3 Bedrooms $312,005
4+ Bedrooms $342,482
The difference between the total development cost of a home and the maximum purchase price affordable to households earning 80% Area Median Income (AMI) exceeds at least $500,000 per unit for a newly constructed home in Santa Ana.

However, the funds provided through the RFP have maximum per-unit subsidy limits as shown above, which leaves a financial gap of more than $200,000 to $300,000 per home. No other identifiable public or private funds are available to fill this gap.
• Buyer qualification/equity considerations/etc.: There are numerous challenges related to selecting and qualifying buyers for affordable homeownership opportunities. Buyers need to be able to qualify to purchase the home based on AMI, and at the same time, they need to qualify for a first mortgage necessary to close escrow.
• Interest rate environment: The current high interest rate environment creates a situation in which the maximum affordable sales prices are very low, since a large portion of the maximum payment goes toward interest. It is likely that this situation will continue for the foreseeable future.

Developers worked diligently to formulate proposals to respond to the RFP, but the complexities of affordable homeownership finance were too difficult to overcome.

Meanwhile, staff assisted potential respondents and answered all questions in a complete and timely manner. In addition, a comprehensive marketing strategy ensured widespread awareness of the RFP. This included publication on the City's official website, a public notice in the OC Register, and targeted emails to affordable housing membership associations such as the Kennedy Commission, 2-1-1 Orange County, and the Southern California Association of Nonprofit Housing. Additionally, a letter was emailed to developers and nonprofit organizations who had previously expressed interest and were part of the Community Development Agency’s RFP Database.

Addendum to the RFP
Pursuant to Section III of the City’s Affordable Housing Funds Policies and Procedures, the Community Development Agency, upon City Council approval, may issue a Request for Proposals (RFP) from available funds. The RFP must be open and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal. This Addendum follows this prescribed process and although the initial response to the RFP fell below expectations, staff remains committed to the objective of providing affordable City Council 28 – 2 2/20/2024
Addendum to the FY 2023-24 RFP for Affordable Homeownership Opportunities February 20, 2024

homeownership opportunities through this RFP. Specifically, four (4) separate Cityowned sites (see Attachments 1 through 3 of Exhibit 2) are being included in the Addendum. These four (4) sites would be solely for the development of affordable home ownership.

This Addendum not only provides development opportunities for affordable homeownership, but recognizes the need for flexibility and adaptability to address Santa Ana’s diverse housing needs. Staff recommends issuing the attached addendum to RFP # 23-156 (Exhibit 2). The proposed addendum includes the following major changes:
• Expands the eligibility criteria to allow rental affordable housing opportunities while maintaining the City’s interest in affordable homeownership opportunities (Attachments 1 through 3 of Exhibit 2).
• Adds five (5) target areas for potential developers to focus their efforts where the City has invested significant public resources in the past, and where the City would like to see additional resources targeted in the future. The five (5) areas are as follows: 1st Street Hotel Conversion (Attachment 4 of Exhibit 2), Cornerstone Village (Attachment 5 of Exhibit 2), Townsend-Raitt (Attachment 6 of Exhibit 2), Cedar-Evergreen (Attachment 7 of Exhibit 2), and 1900-2000 West Myrtle Street (Attachment 8 of Exhibit 2).
• Revises the text throughout the RFP to allow for rental affordable housing opportunities.
• Increases the amount of funding available from $7.8 million to $8.35 million.

This Addendum aims to encourage a broader range of proposals to address the diverse housing requirements within the City of Santa Ana. If approved by City Council, the addendum will enhance the RFP's effectiveness in soliciting proposals that align with the City's overarching goal of providing affordable and diverse housing options.

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

EXHIBIT(S)

1. Staff Report from October 17, 2023

2. Addendum to RFP # 23-156
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 28 – 3 2/20/2024
EXHIBIT 2
REQUEST FOR PROPOSAL (RFP) No. 23-156 ADDENDUM
Addendum No.: 1
Date of Addendum: February 20, 2024
RFP Number: 23-156
Agency: Community Development Agency
Due Date, Time: April 1, 2024 - 4:00 PM PST
Revised Due Date: May 31, 2024 - 4:00 PM PST
Revised Title: Affordable Homeownership Opportunities Housing Development

SCOPE OF ADDENDUM
The purpose of this addendum is to expand the types of eligible proposals for affordable rental projects with a development site preference for specific areas of the City. This addendum details deletions and additions to the RFP.

Revisions to pre-existing language in RFP No. 23-156, are indicated either by strike through for deletions and underlining for insertions.

Revision 1 - ADD

REQUEST FOR PROPOSALS NO. 23-156
FOR

AFFORDABLE HOMEOWNERSHIP/RENTAL OPPORTUNITIES HOUSING DEVELOPMENT Revision 2 - ADD

The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide the development of affordable homeownership housing opportunities in the City of Santa Ana. Proposed developments may be for acquisition and rehabilitation of eligible properties for ownership housing units; acquisition and conversion of non-residential property to ownership housing units; and/or new construction of housing units for ownership housing. Proposed developments may be for acquisition and rehabilitation of eligible properties for rental and/or ownership housing; acquisition and conversion of non-residential property to multifamily housing units; and/or new construction of housing units for rental and/or ownership housing. In particular, the City is interested in projects that will provide affordable homeownership opportunities.; however, rental projects are eligible.

In order to meet the City’s goals, the City is soliciting proposals for the development of affordable homeownership housing projects from developers who are experienced, very knowledgeable of affordable housing programs and its requirements, financially creative and capable of developing, managing and maintaining high quality housing.

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).

Development Site Preferences
The City wants to maximize the positive impact of its limited affordable housing development funds by concentrating City Council 28 – 4 2/20/2024
EXHIBIT 2
their expenditure in targeted areas of the City. The City has identified eight (8) geographical areas where it has targeted significant public resources in the past, and where it would like to see additional resources targeted in the future. These geographical areas include City-owned sites and areas as follows: 1st Street Hotel Conversion, Cornerstone Village, Townsend-Raitt, Cedar-Evergreen, and 1900-2000 Myrtle Street (see Attachments 1 through 8 in this Exhibit). The proposed disposition and development of the City-owned sites would be solely for the development of affordable housing in accordance with requirements for an exemption from the California Surplus Land Act (Gov. Cody section 54220 et seq.).

Revision 3 - ADD

In order to meet the City’s goals, the City is soliciting proposals for the development of affordable homeownership housing projects from developers who are experienced, very knowledgeable of affordable housing programs and its requirements, financially creative and capable of developing, managing and maintaining high quality housing.

Revision 4 - ADD

A narrative describing recent affordable homeownership residential development experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed.

Revision 5 - ADD

Low income housing tax credits (if applicable):
 Provide eligible basis, gross and net tax credit proceeds calculations.  Provide the self-scoring sheet for the 9% TCAC or CDLAC applications. Explain why the project does not receive the maximum points, if applicable.
 Provide the tiebreaker calculation for 9% TCAC projects.  Provide a description of the various sources of financing that will be needed to complete the project as either a 4% Low-Income Housing Tax Credit deal and as a 9% Low-Income Housing Tax Credit deal. The narrative should provide a projected tie breaker score for 9% Low-Income Housing Tax Credits with a best case and worst-case scenario based on the capital stack being pursued, with a relative comparison to the most recent tie breaker scores for the type of project being proposed in the last three 9% tax credit rounds. Clearly state if the project will be ready to apply for 9% LowIncome Housing Tax Credits during FY 2024 – 2025. This should include evidence of progression towards planning entitlements and other requirements necessary for the tax credit application.

Clearly state if the project will be competing with another project owned by the developer in Orange County for an upcoming 9% Low-Income Housing Tax Credit round, including a comparison of the projected tie breaker scores for both projects.

Project Cash Flow
 Provide a cash flow analysis that shows the order of repayment priorities. Be explicit about the cash flow assumptions.

Revision 6 - ADD

Include evidence that the rental income / sales prices shown in the pro forma are reasonable and achievable. Please include a preliminary market study analysis that supports that this is achievable.

Revision 7 - ADD

RFP 23-156 FOR AFFORDABLE HOMEOWNERSHIP HOUSING OPPORTUNITIES Revision 8 - ADD

Each member of the Review Panel will evaluate and rank each affordable rental housing proposal using the evaluation criteria listed below:

COMPETITIVE SELECTION CRITERIA

1. LEVEL OF AFFORDABILITY AND TARGET POPULATION
(Max. 25 Points)

ELIGIBLE
POINTS
Project significantly increases affordable housing opportunities for large families (three- and four-bedroom units) 10 City Council 28 – 5 2/20/2024 EXHIBIT 2
Project provides at least 50% or more of the units for extremely low-income families at 30% Area Median Income (possible points based on a tiered scoring – 10 pts. for 50%, 8 pts. For 40%, 6 pts. for 30%, 4 pts. for 20%, etc.) 10 Project increases affordable housing opportunities for special needs populations including, but not limited to, homeless individuals and families, and persons with a disability
5 Sub-total 25

2. TIMELINESS TO BUILD NEW HOUSING (Max. 20 Points)
Project has demonstrated site control 7
Project is zoned appropriately 5
Project does not have any other site-related issues 5
Project aligns with the City’s Housing Element, Strategic Plan, and/or 5-Year Consolidated Plan 3
Sub-total 20

3. PROPERTY MANAGEMENT/SALES EXPERIENCE AND SKILLS
(Max. 15 Points)
Project is energy efficient and incorporates green-building techniques 6 Applicant's ability to manage affordable rental units to ensure ongoing compliance with affordability requirements and long term financial solvency 3 Applicant's past experience in property management or sale of affordable units 3 Applicant's capacity and ability to quickly lease/sell completed units 3 Sub-total 15

4. DEVELOPER EXPERIENCE AND SKILLS (Max. 15 Points)
Applicant's experience in obtaining additional financing 4 Applicant's capacity and ability to obtain entitlements 4 Applicant's overall past and projected effectiveness to provide affordable housing 4 Applicant's past and projected effectiveness to manage the construction process and stay on schedule 3
Sub-total 15

5. LEVERAGING OF CITY FUNDS
(Max. 5 Points)
Applicant's potential or capacity to obtain additional financing for this project 5 Sub-total 5

6. ANTICIPATED FINANCIAL PARAMETERS (Max. 15 Points)
Project's proposed development costs are reasonable and comparable 3 Project's proposed rents/sales prices are realistic 3
Project's operating costs are realistic and reasonable (rental only) 3 Project has sufficient operating and replacement reserves (rental only) 3 Project is projecting a positive cash flow through affordability period (rental only) 3 Sub-total 15

7. RFP PRIORITIES (Max. 5 Points)
Project is an acquisition/rehabilitation project with substantial rehabilitation located in one of the four target geographical areas. 5
Sub-total 5

8. COMMUNITY INCLUSION (Max. 5 Points)
Project demonstrates how neighborhood input was solicited and utilized in the development of the proposal including any community outreach efforts; or project provides details on the development team's community outreach strategy for the project.
5 City Council 28 – 6 2/20/2024
EXHIBIT 2
Sub-total 5
BONUS POINTS: Project provides at least 75% or more of the units for extremely low-income families at 30% Area Median Income 5
BONUS POINTS: Developer commits to donate a portion of their developer fee to a project or initiative in the surrounding neighborhood 5 TOTAL ELIGIBLE POINTS 115
Each member of the Review Panel will evaluate and rank each affordable homeownership proposal using the evaluation criteria listed below:

Revision 9 - ADD

Available program funds may be used for development loans for the following eligible purposes:
(1) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs for homeownership or rental projects. (2) The purchase of existing multi-family or other buildings that result in the sale or rental of units to low- and moderate-income households.
(3) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan.

Eligible development costs for the above uses include, but are not necessarily limited to:
a. Site acquisition and preparation;
b. Rehabilitation of dwelling units, common areas and related structures; c. New construction;
d. Carrying charges and financing fees;
e. Architectural, legal, and organizational fees;
f. Temporary or permanent tenant relocation costs.

Please refer to the Affordable Housing Funds Policies and Procedures amended by City Council on August 18, 2020 for more information.

As of the date of issuance, the Available Funds for this RFP will be as follows, subject to change:

HOME Investment Partnerships Program (HOME) $7,796,256
$8,360,632
Available funds can be used for a variety of housing types and preferences. Please see the table below for the general allowable uses of funds for each source. Please see Exhibit A for a more detailed description of the eligible uses for each source.

Source of Funds
Income at or
below 80%
Income at or
below 120%
Mixed Income
Non U.S.

Citizens
Mixed Use
Projects
Adaptive Reuse
New
Construction of
Rental or
Ownership Units
Acquisition /
Rehabilitation
for Rental or
Ownership Units
Homeownership
HOME Program Funds X X X X X X X
The HOME Program establishes maximum per-unit subsidy limits for the use of HOME funds. The 2023 maximum per-unit subsidy limits published by HUD and applicable to Santa Ana are as follows:

Bedrooms HOME Maximum Subsidy
0 Bedrooms $173,011
1 Bedroom $198,331
2 Bedrooms $241,176
3 Bedrooms $312,005
City Council 4+ Bedrooms 28 – $342,482 7 2/20/2024
EXHIBIT 2
Revision 10 - ADD

Projects eligible for HOME funding shall:
1) be an affordable homeownership or rental project located in the City of Santa Ana; Revision 11 - ADD

HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of single family ownership housing which is affordable to low-income households as defined by 24 CFR 92.2. HUD defines “Single Family Housing” as a one-to-four family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. HOME funds may also be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR 92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified Community Housing Development Organizations (CHDO’s). New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including:
1) site acquisition;
2) site preparation costs (grading, filling, etc.);
3) financing costs as described in 24 CFR 92.206;
4) architectural, engineering, and other related soft costs; 5) the cost of extending or upgrading utilities to the site to support the proposed project; 6) construction costs;
7) relocation costs; and,
8) affirmative marketing and audit costs related to HOME program requirements.

Rehabilitation costs eligible for HOME funding include:
1) project acquisition with or without rehabilitation;
2) financing costs, as described in 24 CFR 92.206;
3) architectural, engineering, or other design costs;
4) utility upgrade or extension costs;
5) costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 months of demolition;
6) construction costs;
7) project audit costs; and,
8) affirmative marketing costs.

Revision 12 - ADD

HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of:
1) The fair market rent for existing housing for comparable units in the area as established by HUD; or 2) A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions.

In rental projects with five or more HOME-assisted rental units, twenty (20) percent of the HOME-assisted units must be occupied by very low-income families and meet one of following rent requirements:
1) The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits, which include average occupancy per unit and adjusted income assumptions.

However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR

92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a). 2) The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project-based rental subsidy and the very low-income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project-based rental subsidy) is the rent allowable under the Federal or State project-based rental subsidy program.

City Council 28 – 8 2/20/2024
EXHIBIT 2
This addendum shall become part of the RFP and MAY be returned with the RFP.

RESPONDER:

NAME:

SIGNATURE:

TITLE:

DATE:

City Council 28 – 9 2/20/2024
EXHIBIT 2
ATTACHMENT 1
CITY-OWNED SITES 1 AND 2
City Council 28 – 10 2/20/2024
EXHIBIT 2
ATTACHMENT 2
CITY-OWNED SITE 3
City Council 28 – 11 2/20/2024
EXHIBIT 2
ATTACHMENT 3
CITY-OWNED SITE 4
City Council 28 – 12 2/20/2024
EXHIBIT 2
ATTACHMENT 4
1ST STREET HOTEL CONVERSION
City Council 28 – 13 2/20/2024
EXHIBIT 2
ATTACHMENT 5

CORNERSTONE VILLAGE
City Council 28 – 14 2/20/2024
EXHIBIT 2
ATTACHMENT 6

TOWNSEND-RAITT
City Council 28 – 15 2/20/2024
EXHIBIT 2
ATTACHMENT 7

CEDAR-EVERGREEN
City Council 28 – 16 2/20/2024
EXHIBIT 2
ATTACHMENT 8
1900-2000 WEST MYRTLE STREET
City Council 28 – 17 2/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 20, 2024
TOPIC: Orange County Transportation Authority Measure M2 Grant Funding

AGENDA TITLE
Approve an Appropriation Adjustment to Recognize Additional Measure M2 Regional Capacity Program Funds and Amend the FY 2023-24 Capital Improvement Program for Bristol Street Improvements Phase 3A & 4 (Projects 13-6792, 11-6741) (Non-General Fund)

RECOMMENDED ACTION

1. Approve appropriation adjustments to recognize additional approved Measure M2 Competitive funds by the Orange County Transportation Authority due to increased construction costs in the amounts of $205,949 and $317,276 for Bristol Street Improvements Phase 3A & 4 (Project No. 13-6792, 11-6741). (Requires five affirmative votes)

2. Approve amendments to the Fiscal Year 2023-24 Capital Improvement Program to add the additional Measure M2 Competitive funds to Bristol Street Improvements Phase 3A & 4 (Project No. 13-6792, 11-6741).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Bristol Street is a major north-south transportation facility designated as a major arterial in the City’s Circulation Element of the General Plan. Improving the Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that will be constructed in several phases. Phase 3A of this project includes the Civic Center Drive to Washington Street segment, and Phase 4 includes the Warner Avenue to St. Andrew Place segment. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes.

On April 10, 2023, the Orange County Transportation Authority (OCTA) Board of Directors approved of their organization’s Technical Advisory Committee recommendation to increase the Bristol Street Improvement Project Regional Capacity (Project O) grant funding to a total amount of $5,444,992 for Phase 3A, and $12,227,342 for Phase 4 (Exhibits 1 and 2) due to the general increases in construction costs. Additionally, the City is required to provide matching funds in the amount of $2,803,008 and $6,568,658 for Phase 3A and Phase 4, respectively. The City Council City Council 29 – 1 2/20/2024
Orange County Transportation Authority Measure M2 Grant Funding February 20, 2024

previously recognized $5,239,043 for Phase 3A and $11,910,066 for Phase 4 of the initial award of this grant, and matching funds were previously budgeted in prior fiscal years. Any new required match will be budgeted in upcoming Capital Improvement Program (CIP) cycles. Recognition of these grant funds will amend the Fiscal Year 2023-24 Capital Improvement Program (Exhibit 3) and allow City staff to continue work on the Bristol Street Improvements project (Exhibit 4).

FISCAL IMPACT
Approval of the requested appropriation adjustment will recognize the additional grant award in the amount of $523,225 from Measure M Street Construction revenue account (No. 03217002-52332) and appropriate the same amount to the Measure M2 Competitive, Improvements Other Than Building expenditure account (No. 03217663- 66220). Funds are available for expenditure in Fiscal Year 2023-24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25.

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

Description
Amount

APPROPRIATION ADJUSTMENT
2023-24
03217663 –
66220
(13-6792)
Measure MStreet
Construction
Measure M2
Competitive
Street,
Improvements
Other Than
Buildings
$205,949
2023-24
03217663 –
66220
(11-6741)
Measure MStreet
Construction
Measure M2
Competitive
Street,
Improvements
Other Than
Buildings
$317,276

EXISTING BUDGET
2023-24
03217663 –
66220
(13-6792)
Measure MStreet
Construction
Measure M2
Competitive
Street,
Improvements
Other Than
Buildings
$5,239,043
City Council 29 – 2 2/20/2024
Orange County Transportation Authority Measure M2 Grant Funding February 20, 2024

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

Description
Amount
2023-24
03217663 –
66220
(11-6741)
Select Street
Construction
Select Street
Construction,
Improvements
Other Than
Buildings
$11,910,066
Total: $17,672,334

EXHIBIT(S)

1. OCTA Board Approval - April 10, 2023

2. TAC Agenda - February 22, 2023

3. FY 23-24 Bristol Street Improvement Project CIP Sheets

4. Location Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 29 – 3 2/20/2024

COMMITTEE TRANSMITTAL
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) April 10, 2023
To: Members of the Board of Directors
From: Andrea West, Interim Clerk of the Board
Subject: Comprehensive Transportation Funding Programs - 2023 Call for Projects Programming Recommendations
Regional Transportation Planning Committee Meeting of April 3, 2023

Present: Directors Do, Chaffee, Dumitru, Federico, Foley, Harper, and Khan

Absent: None
Committee Vote
This item was passed by the Members present.

Director Foley was not present to vote on this item.

Committee Recommendations
A. Approve the award of $33.48 million in 2023 Regional Capacity Program (Project O) funds to seven local jurisdiction projects.

B. Approve the award of $3.66 million in 2023 Regional Traffic Signal Synchronization Program (Project P) funds to three local jurisdiction projects.

EXHIBIT 1
City Council 29 – 4 2/20/2024
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) April 3, 2023
To: Regional Transportation Planning Committee
From: Darrell E. Johnson, Chief Executive Officer
Subject: Comprehensive Transportation Funding Programs – 2023 Call for Projects Programming Recommendations
Overview
The Orange County Transportation Authority issued the 2023 Measure M2 Comprehensive Transportation Funding Programs Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2022. Project applications were due in October of 2022. A list of projects recommended for funding is presented for Board of Directors’ review and approval.

Recommendations
A. Approve the award of $33.48 million in 2023 Regional Capacity Program (Project O) funds to seven local jurisdiction projects.

B. Approve the award of $3.66 million in 2023 Regional Traffic Signal Synchronization Program (Project P) funds to three local jurisdiction projects.

Background
The Regional Capacity Program (RCP), Project O, is the Measure M2 (M2) competitive funding program through which the Orange County Transportation Authority (OCTA) supports streets and roads capital projects. The Regional Traffic Signal Synchronization Program (RTSSP), Project P, is the M2 competitive program, which provides funding for signal synchronization projects.

City Council 29 – 5 2/20/2024
Comprehensive Transportation Funding Programs – 2023
Call for Projects Programming Recommendations

Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Both programs are included in the Comprehensive Transportation Funding Programs (CTFP). The CTFP allocates funds through an annual competitive call for projects (call) based on Board approved guidelines and scoring criteria that are developed in collaboration with the OCTA Technical Advisory Committee (TAC), which includes representatives from all of Orange County’s 35 local jurisdictions. The guidelines and each call issuance are approved by the OCTA Board of Directors (Board).

The CTFP guidelines for the 2023 call were approved by the Board on August 8, 2022. At that meeting, the Board also authorized the issuance of the current call, making available approximately $45 million available in M2 competitive funds to support regional roadway capacity and signal synchronization projects throughout Orange County.

Discussion
RCP
OCTA received nine RCP applications requesting a total of $46.36 million in RCP funding as further detailed in Attachment A. The applications were reviewed for eligibility, consistency, adherence to the guidelines, and overall M2 program objectives. During the application evaluation process, two project applications were withdrawn due to timing issues for each of the projects. These projects may be able to be submitted again in a future call without prejudice, as long as they meet the requirements as established in futures guidelines. Staff worked with the remaining local jurisdictions to address technical issues such as application scoring corrections, scope clarifications, and refinement of final project funding requests.

Based upon these reviews and project consistency with the guidelines, staff recommends funding for seven RCP projects, totaling $33.48 million. As shown in Attachment B, the recommended RCP project applications include one project in the City of Irvine, four projects in the City of Santa Ana, and two projects in the City of Yorba Linda.

Of the seven recommended projects, five will provide arterial capacity improvement benefits (with construction and/or engineering phase allocations), and two projects will provide construction funding for intersection capacity enhancements. Implementation of these projects is anticipated to produce congestion-reducing benefits in Orange County while also enhancing the arterial system overall.

City Council 29 – 6 2/20/2024
Comprehensive Transportation Funding Programs –
2023 Call for Projects Programming Recommendations

RTSSP
With respect to the RTSSP, OCTA received three applications requesting $3.64 million in funding. All applications were also reviewed for eligibility, consistency, and adherence to guidelines and overall program objectives.

Staff worked with the local jurisdictions to address technical issues primarily related to construction unit cost refinements, as well as project scope clarifications.

Staff recommends $3.66 million to fund all three projects.1 The three recommended RTSSP projects are anticipated to be implemented in fiscal year 2023-24 by the City of Irvine and the City of Mission Viejo. Additional details for the RTSSP-recommended projects are provided in Attachment C.

The table below provides an overall summary of the funding recommendations for the 2023 CTFP call:
2023 CTFP Call Summary ($ in millions)
RCP RTSSP Total
Number of Applications Recommended for Approval 7 3 10
Amount Recommended for Approval (escalated) $33.48 $3.66 $37.14 These recommendations are consistent with the 2023 guidelines approved by the Board. As such, staff recommends programming $37.14 million for ten projects under the RCP and RTSSP programs.

In February 2023, the OCTA Technical Steering Committee (TSC) and TAC were provided with the staff recommendations that is included for Board consideration in this report. The TSC voted to support staff’s recommendation.

The TAC, which lacked a quorum to vote, did not raise any concerns regarding the recommendations.

Next Steps
With Board approval of these recommendations, staff will initiate the execution of letter agreements between OCTA and the appropriate local jurisdictions.

As these projects advance, staff will monitor their status and project delivery through the semi-annual review process, which is reported to the Board on a biannual basis.
1 During meetings with the cities of Irvine and Mission Viejo, errors were discovered in the costs estimates and subsequently updated.

City Council 29 – 7 2/20/2024
Comprehensive Transportation Funding Programs –
2023 Call for Projects Programming Recommendations

Summary
Programming recommendations that will award $37.14 million to ten projects in M2 2023 RCP and RTSSP funds are presented for Board approval.

Attachments
A. 2023 M2 Call for Projects – Applications Received
B. 2023 M2 Regional Capacity Program Call for Projects – Programming Recommendations
C. 2023 M2 RTSSP Call for Projects – Programming Recommendations Prepared by: Approved by:

Adrian Salazar Kia Mortazavi
Transportation Funding Analyst, Senior
(714) 560-5363
Executive Director, Planning
(714) 560-5741
City Council 29 – 8 2/20/2024
2023 M2 Call for Projects – Applications Received
Agency Project Fund Phase Match Rate Match
Total M2
Request Total Cost
Anaheim Lincoln Avenue Improvements (East Street to Evergreen Street) ACE CON 25% $ 2,301,805 $ 6,905,415 $ 9,207,220 County of Orange Cow Camp Road Segment 2C-2.A Construction ACE CON 50% $ 5,853,825 $ 5,853,825 $ 11,707,650 Irvine Jamboree Road and Main Street Intersection Enhancements ICE CON 25% $ 449,356 $ 1,348,069 $ 1,797,425 Santa Ana Bristol Street and Memory Lane Intersection Improvements ICE CON 25% $ 474,580 $ 1,423,740 $ 1,898,320 Santa Ana Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Avenue ACE CON 34% $ 2,803,008 $ 5,444,992 $ 8,248,000 Santa Ana Bristol Street Improvements Phase IV - Warner Avenue to Saint Andrew Place ACE CON 35% $ 6,568,658 $ 12,227,342 $ 18,796,000 Santa Ana Warner Avenue Improvements - Oak Street to Grand Avenue ACE CON 25% $ 3,903,891 $ 11,711,674 $ 15,615,565 Yorba Linda Lakeview Avenue Improvements from Lemon Drive to Oriente Drive ACE ENG 25% $ 118,125 $ 354,375 $ 472,500 Yorba Linda Lakeview Avenue Improvements from Bastanchury Road to Oriente Drive ACE CON 25% $ 362,824 $ 1,088,471 $ 1,451,295 $ 22,836,072 $ 46,357,903 $ 69,193,975
Agency Project Fund Signals Match Rate Match
Total M2
Request Total Cost
Irvine Irvine Boulevard/Trabuco Road RTSSP Project RTSSP 42 20% $ 234,800 $ 939,200 $ 1,174,000 Mission Viejo Marguerite Parkway RTSSP Project RTSSP 30 20% $ 496,358 $ 1,985,430 $ 2,481,788 Mission Viejo Olympiad Road/Felipe Road RTSSP Project RTSSP 16 20% $ 179,548 $ 718,190 $ 897,738 $ 910,706 $ 3,642,820 $ 4,553,526
Acronyms:

ACE - Arterial Capacity Enhancements
CON - Construction
ENG - Engineering
ICE - Intersection Capacity Enhancements
M2 - Measure M2
RTSSP - Regional Traffic Signal Synchronization Program RTSSP (Project P) Applications
Regional Capacity Program (Project O) Applications

REQUESTED TOTALS

REQUESTED TOTALS
City Council 29 – 9 2/20/2024
2023 M2 Regional Capacity Program Call for Projects -
Programming Recommendations
Agency
Fiscal
Year Project Fund Phase
M2 Funding
Engineering
M2 Funding
Right-of-Way
M2 Funding
Construction* Total M2 Funding Match Totals
Match
Rate
Irvine 24/25 Jamboree Road and Main Street Intersection Enhancements ICE CON $ 1,414,124 $ 1,414,124 $ 471,374 $ 1,885,499 25% Santa Ana 23/24 Bristol Street and Memory Lane Intersection Improvements1 ICE CON $ 1,501,900 $ 1,501,900 $ 500,740 $ 2,002,640 25% Santa Ana 23/24 Bristol Street Improvements Phase 3A -
Civic Center Drive to Washington Avenue1 ACE CON $ 5,239,044 $ 5,239,044 $ 1,746,681 $ 6,985,725 25%2 Santa Ana 23/24 Bristol Street Improvements Phase IV -
Warner Avenue to Saint Andrew Place1 ACE CON $ 11,910,061 $ 11,910,061 $ 3,970,354 $ 15,880,415 25%2 Santa Ana 23/24 Warner Avenue Improvements -
Oak Street to Grand Avenue1 ACE CON $ 11,997,206 $ 11,997,206 $ 3,999,069 $ 15,996,275 25% Yorba Linda 23/24 Lakeview Avenue Improvements from
Lemon Drive to Oriente Drive ACE ENG $ 331,875 $ 331,875 $ 110,625 $ 442,500 25% Yorba Linda 23/24 Lakeview Avenue Improvements from
Bastanchury Road to Oriente Drive1 ACE CON $ 1,083,259 $ 1,083,259 $ 361,086 $ 1,444,345 25% $ 331,875 $ - $ 33,145,594 $ 33,477,469 $ 11,159,929 $ 44,637,399 1 Reapplication project from prior cycles.
2 The original match rate unintentionally included ineligible costs and has been corrected. *Includes escalation of 4.9% for all construction projects programmed for fiscal year 2024/25.

UNFUNDED (Project withdrawn by applicant)
Agency
Fiscal
Year Project Fund Phase
M2 Funding -
Engineering
M2 Funding -
Right-of-Way
M2 Funding -
Construction Total M2 Funding Match Totals
Match
Rate
Anaheim 23/24 Lincoln Avenue Improvements (East Street to Evergreen Street) ACE CON $ 6,905,415 $ 6,905,415 $ 2,301,805 $ 9,207,220 25% County of Orange 23/24 Cow Camp Road Segment 2C-2.A Construction ACE CON $ 5,853,825 $ 5,853,825 $ 5,853,825 $ 11,707,650 50% Acronyms:

ACE - Arterial Capacity Enhancements
CON - Construction
ENG - Engineering
ICE - Intersection Capacity Enhancements
M2 - Measure M2

PROGRAMMING TOTALS
City Council 29 – 10 2/20/2024
2023 M2 RTSSP Call for Projects - Programming Recommendations Agency Fiscal
Year Project Title
M2 Funding
Primary
Implementation
M2 Funding
Operations &
Maintenance
Total M2
Funding Match Totals Match Rate
Irvine 23/24 Irvine Boulevard/Trabuco Road RTSSP Project $ 750,400 $ 204,800 $ 955,200 $ 238,800 $ 1,194,000 20% Mission Viejo 23/24 Marguerite Parkway RTSSP Project $ 1,824,310 $ 161,120 $ 1,985,430 $ 496,358 $ 2,481,788 20% Mission Viejo 23/24 Olympiad Road/Felipe Road RTSSP Project $ 651,310 $ 66,880 $ 718,190 $ 179,548 $ 897,738 20% $ 3,226,020 $ 432,800 $ 3,658,820 $ 914,706 $ 4,573,526 Acronyms:

M2 - Measure M2
RTSSP - Regional Traffic Signal Synchronization Program

PROGRAMMING TOTALS
City Council 29 – 11 2/20/2024
AGENDA
Technical Advisory Committee
Any person with a disability who requires a modification or accommodation to participate in this meeting should contact the Orange County Transportation Authority (OCTA) Measure M2 Local Programs section, telephone (714) 560-5528, no less than two (2) business days prior to this meeting to enable OCTA to make reasonable arrangements to assure accessibility to this meeting.

Committee Members Orange County Transportation Authority Raja Sethuraman, Chair City of Costa Mesa 550 South Main Street Jamie Lai, Vice Chair City of Yorba Linda Orange, California Shaun Pelletier City of Aliso Viejo
Rudy Emami City of Anaheim February 22, 2023 2:00pm
Michael Ho
Mina Mikhael
City of Brea
City of Buena Park
(or following completion
of TSC meeting)
Doug Dancs City of Cypress
Matthew Sinacori City of Dana Point Teleconference Site Hye Jin Lee City of Fountain Valley City of Dana Point – Public Works Meg McWade City of Fullerton 33282 Golden Lantern, Suite 212 William Murray City of Garden Grove Dana Point, California Chau Vu City of Huntington Beach
Jaimee Bourgeois City of Irvine
Albert Mendoza City of La Habra
Michael Belknap City of La Palma
Mark Trestik City of Laguna Beach
Joe Ames City of Laguna Hills
Jacki Scott City of Laguna Niguel
Akram Hindiyeh City of Laguna Woods
Tom Wheeler City of Lake Forest
Chris Kelley City of Los Alamitos
Mark Chagnon City of Mission Viejo
David Webb City of Newport Beach
Christopher Cash City of Orange
Luis Estevez City of Placentia
Brendan Dugan City of Rancho Santa Margarita
Kiel Koger City of San Clemente
Tom Toman City of San Juan Capistrano
Nabil Saba City of Santa Ana
Iris Lee City of Seal Beach
Cesar Rangel City of Stanton
Doug Stack City of Tustin
Hamid Torkamanha City of Villa Park
Jake Ngo City of Westminster
Robert McLean County of Orange
Tifini Tran Caltrans Ex-Officio
EXHIBIT 2
City Council 29 – 12 2/20/2024
AGENDA
Technical Advisory Committee
Agenda Descriptions
The agenda descriptions are intended to give members of the public a general summary of items of business to be transacted or discussed. The posting of the recommended actions does not indicate what action will be taken. The Committee may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the notice of the recommended action.

Public Availability of Agenda Materials
All documents relative to the items referenced in this agenda are available for public inspection at www.octa.net or through the Clerk of the Board’s office at:

OCTA Headquarters, 600 South Main Street, Orange, California.

In-Person Comment
Members of the public may attend in-person and address the Committee regarding any item. Speakers will be recognized by the Chairman at the time the agenda item is to be considered.

Written Comment
Written public comments may also be submitted by emailing them to [email protected] and must be sent 90 minutes prior to the start time of the meeting. If you wish to comment on a specific agenda Item, please identify the Item number in your email. All public comments that are timely received will be part of the public record and distributed to the Committee. Public comments will be made available to the public upon request.

City Council 29 – 13 2/20/2024
AGENDA
Technical Advisory Committee
Call to Order
Self-Introductions

1. Approval of Minutes
Approval of Technical Advisory Committee regular meeting minutes from the November 9, 2022 meeting.

Regular Items

2. 2023 CTFP Call for Projects – O and P Programming Recommendations – Charvalen Alacar
Overview
The Orange County Transportation Authority issued the 2023 annual Measure M2 Comprehensive Transportation Funding Programs - Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2022. A list of projects recommended for funding is presented for review and approval.

Recommendations
A. Recommend for Board of Directors Approval the award of $33.48 million in 2023 Regional Capacity Program (Project O) funds to seven local agency projects.

B. Recommend for Board of Directors Approval the award of $3.66 million in 2023 Regional Traffic Signal Synchronization Program (Project P) funds to three local agency projects.

Discussion Items

3. Correspondence
OCTA Board Items of Interest – Please see Attachment A.

Announcements by Email – Please see Attachment B.

4. Committee Comments
Robert McLean to replace Fiona Man as the County’s at-large TSC member – Raja Sethuraman

5. Staff Comments
Pavement Management Relief Funding Program – Heidi Busslinger City Council 29 – 14 2/20/2024
AGENDA
Technical Advisory Committee
Semi Annual Review – Cynthia Morales

6. Items for Future Agendas

7. Caltrans Local Assistance Update

8. Public Comments

9. Adjournment
The Technical Advisory Committee is scheduled to convene on the fourth Wednesday of each month, at 1:30 p.m., at OCTA Headquarters.

City Council 29 – 15 2/20/2024
AGENDA
Technical Advisory Committee
Item #1
November 9, 2022 Minutes
City Council 29 – 16 2/20/2024

MINUTES
Technical Advisory Committee
Voting Representatives Present: Orange County Transportation Authority Shaun Pelletier City of Aliso Viejo 550 S. Main Street, Room 09 Rudy Emami
Mina Mikhael
City of Anaheim
City of Buena Park
Orange, CA
Raja Sethuraman City of Costa Mesa November 9, 2022 1:30 PM Fiona Man County of Orange
Matthew Sinacori City of Dana Point Guest Present:

Temo Galvez City of Fountain Valley Oliver Luu, Caltrans Steven Bise City of Fullerton Han Sol Yoo, City of Stanton Chao Vu City of Huntington Beach Nichole Squirrell, City of Jaimee Bourgeois City of Irvine Dana Point
Tony An City of La Habra Matt Kunk, City of
Mark Trestik City of Laguna Beach Dana Point
Jacki Scott City of Laguna Niguel
Akram Hindiyeh City of Laguna Woods
Tom Wheeler City of Lake Forest
Chris Kelley City of Los Alamitos Staff Present:

David Webb City of Newport Beach Kia Mortazavi
Christopher Cash City of Orange Kurt Brotcke
Brendan Dugan City of Rancho Santa Margarita Adriann Cardoso Zak Ponsen City of San Clemente Charvalen Alacar
Tom Toman City of San Juan Capistrano Adrian Salazar
Rudy Rosas City of Santa Ana Cynthia Morales
Iris Lee City of Seal Beach Nylinne Nguyen
Cesar Rangel City of Stanton Kristopher Martinez
Doug Stack City of Tustin
Jamie Lai City of Yorba Linda
Tifini Tran Caltrans
Voting Representatives

Absent:

Michael Ho City of Brea
Doug Dancs City of Cypress
William (Bill) Murray City of Garden Grove
Michael Belknap City of La Palma
Joe Ames City of Laguna Hills
Mark Chagnon City of Mission Viejo
Luis Estevez City of Placentia
Hamid Torkamanha City of Villa Park
Jake Ngo City of Westminster
City Council 29 – 17 2/20/2024

MINUTES
Technical Advisory Committee
Meeting was called to order by Chair. Pelletier at 1:30 p.m.

Self-Introductions

CONSENT CALENDAR

1. The Minutes for the June 22, 2022 meeting were approved.

Mr. Wheeler motioned to approve the minutes.

Mr. Stack seconded the motion.

Mr. Ponsen stated that he nor anyone representing the City of San Clemente were present at the June 22, 2022 Technical Advisory Committee meeting The Minutes were approved; there was no further discussion.

Regular Items
Discussion Items

2. 2023 Technical Steering Committee Membership – Charvalen Alacar Ms. Alacar presented recommendations for the seven open positions on the Technical Steering Committee, including the Chair, Vice Chair, District 2 representative, District 3 Representative, District 5 Representative, one At-Large representative, and a District 1 representative.

Ms. Alacar stated that OCTA received 9 letters of interest from Technical Advisory Committee members. The 2023 membership recommendations were made in coordination with the President of the City Engineers Association of Orange County and the TAC and TSC Chair.

Ms. Alacar stated that OCTA is seeking the Technical Advisory Committee’s approval to advance these recommendations to the OCTA Regional Planning and Highways Committee and OCTA Board of Directors in December.

Ms. Alacar reported that consistent with past practice, it is recommended that Interim Vice Chair Raja Sethuraman be appointed to the position of Chair.

Ms. Alacar stated that Jaimie Lai from the City of Yorba Linda is recommended to be appointed Vice Chair. Iris Lee from the City of Seal Beach was recommended to be appointed District 1 Representative, serving one year and completing the term of the resigned representative. Nabil Saba from the City of Santa Ana was City Council 29 – 18 2/20/2024

MINUTES
Technical Advisory Committee
recommended to be appointed District 2 Representative. Tom Wheeler from the City of Lake Forest was recommended to be appointed District 3 Representative.

Mark Trestik from the City of Laguna Beach was recommended to be appointed District 5 Representative. Jacki Scott from the City of Laguna Niguel was recommended to be appointed as an At-Large Representative.

Ms. Alacar stated that while developing the recommendations, the selection committee sought to maintain balanced representation between small and large jurisdictions. The provided recommendations best achieve this goal.

Ms. Vu motioned to approve.

Mr. Emami seconded the motion.

3. Correspondence
• OCTA Board Items of Interest – See Agenda
• Announcements Sent by Email – See Agenda

4. Committee Comments - None

5. Staff Comments
Ms. Alacar reported on the status of the September 2022 Semi Annual Review of CTFP projects. Staff opened the Semi-Annual Review in August, and it closed in September of 2022.

Ms. Alacar stated that OCTA received 14 requests, nine of which were for Timely Use of Funds extensions for Local Fair Share and Senior Mobility Program funds, one for transfer of savings and four for scope changes.

Ms. Alacar explained that staff had originally intended to go RP&H and the OCTA Board for approval of these project adjustments on December 12, 2022. Given that deadline for these project adjustments do not require extensions beyond the March 2023 Semi-Annual review. Staff is proposing taking these 14 items and recommending them with the March 2023 recommendations that will be going to the Board in June 2023.

Ms. Alacar stated that for the transfer of savings and scope changes, staff can provide comments to local jurisdictions on these items to allow them to move forward as such, so to prevent any delays from implementing any construction tied to the scope change.

City Council 29 – 19 2/20/2024

MINUTES
Technical Advisory Committee
Ms. Cardoso clarified that the letter that OCTA would send out would not be a formal approval but would state that projects may begin at risk of the Board’s approval.

Ms. Alacar reported on the status of the 2023 CTFP Project O and Project P call for projects. In the 2023 call, OCTA received 12 applications requesting a total of $50 million. The $50 million total includes six reapplications. The previous total allocation of the six projects that reapplied was approximately $27 million. Per temporary policy changes approved by the Board, that amount would be in addition to the 2023 CTFP Project O and Project P call capacity of $45 million.

Ms. Alacar stated that the total call capacity would be $71.6 million including the additional funding from the cancelled projects assuming the six projects that had applied for reapplication are granted and approved by the Board.

Ms. Lai asked for clarification on the total fund amount.

Ms. Alacar stated that call capacity was $45 million, and the 6 reapplications add an additional $27 million, resulting in a total $72 million call capacity.

Ms. Alacar stated that staff is currently reviewing applications and technical memos. Local agencies can expect to hear back in the coming weeks. OCTA anticipates having programming recommendations ready for Board approval in late spring, also going to the TAC and TSC in the February or March timeframe.

She added that OCTA is on schedule to let the agencies that reapplied if they will be awarded a higher funded amount.

Ms. Bourgeois asked if the call capacity is in excess or short of the total application amount.

Ms. Alacar clarified that the call capacity is in excess of the application amount. If all applications were approved.

Mr. Sethuraman asked if projects that reapplied can keep their original grant in the event that they are not awarded.

Ms. Alacar confirmed that projects that reapplied and are not awarded will be able to keep their original grant.

Ms. Alacar reported on the other component of the temporary policy changes, cost escalation adjustments. OCTA received 10 requests from 6 lead agencies. Four of the requests are for Project P grants, three of which are OCTA lead. The remaining six requests are for Project O grants.

City Council 29 – 20 2/20/2024

MINUTES
Technical Advisory Committee
Ms. Alacar stated that two requests are for the right of way phase and seven requests are for the construction phase. There are still discussions taking place surrounding the two right of way escalation adjustment requests to determine what the escalated amounts would be. Preliminarily, the estimated adjustment request is for $4.4 million.

Ms. Alacar reported that this is anticipated to be taken to the board in January for final recommendations. There will be further communication in December and January regarding accepting awards.

Mr. Stack asked the Chair if those recommendations will go to the TAC before they go to the Board.

Ms. Alacar responded that the recommendations for escalation adjustments will go directly to the Board. Reapplications would go through the TAC.

Mr. Brotcke stated that the agencies that have received escalation adjustments will know in advance.

Mr. Stack asked if the Semi-Annual Review would be delayed until the next year and if the TAC would receive a summary of the changes that occurred at the SemiAnnual Review.

Ms. Alacar confirmed that the information would be added into the March Semi Annual Review and be brought to the TAC in the April/May timeframe.

Mr. Salazar reported on the status of the 2022 Project X Tier 1 Call. 14 applications were received, and one was withdrawn resulting in 13 eligible applications. The 13 applications total $3.12 million and are being recommended for Board approval on November 14.

Mr. Salazar stated that there was a delay in the programming process due to difficulty finding application scoring committee members for the review process, therefore OCTA has requested pre-award authority on the behalf of the applicants to avoid further delays. OCTA will contact the local agencies upon notification of Board approval and a reminder of pre-award authority.

6. Items for Future Agendas – None

7. Caltrans Local Assistance Update – Oliver Luu
City Council 29 – 21 2/20/2024

MINUTES
Technical Advisory Committee
Mr. Luu clarified that his slideshow was made before the meeting date was moved to November and some information may be out of date.

Mr. Luu provided deadlines for when to submit allocations, time extensions and local assistance. He noted that the deadline for the December CTC meeting has passed and the 2023 CTC meeting schedule has not been published yet. He stated that November 28, 2022 is the deadline for the January CTC meeting and January 23, 2023 is the deadline for the March 2023 CTC meeting.

Mr. Luu reminded the TAC to submit their inactive invoices as soon as possible because their funding may be jeopardized. The current inactive quarter began on October 1, 2022. The deadline to submit inactive invoices is November 23, 2022.

The inactive list can be seen at the location of the provided link.

Mr. Luu stated that agencies that have inactive invoices as of October 20, 2022 should contact their Area Engineer Planner as soon as possible.

Mr. Luu reminded the TAC that exhibits 9B and 9C which are the annual Disadvantaged Business Enterprise (DBE) submittal form and ADA annual certification form, are due on June 30 and are required for projects to get authorization for funding. He urged to submit late of they have not submitted, to be eligible for federal funding.

Mr. Luu stated that the Quality Assurance Program is updated and approved every five years. This ensures materials and forms are up to contract plans and specifications. Similarly, this is required to be eligible for federal funding.

Mr. Luu stated that the CTC looked off the statewide component, ATP cycle six.

The Metropolitan Planning Organization (MPO) component will be posted in May and finalized in time for the June CTC meeting.

Mr. Luu stated that Cycle 2 has been announced for Clean California, with the call for projects taking place January 2023, with the application deadline in April 2023 and project award notifications in August or September.

Mr. Luu stated that there would be project application workshops at the beginning of next year, providing an opportunity to communicate with the Clean California managers.

Mr. Luu stated that the Highway Safety Improvement Program (HSIP) cycle 11 recently ended and the applications are under review. This program has City Council 29 – 22 2/20/2024

MINUTES
Technical Advisory Committee
approximately $174 million statewide, applications will be ranked by benefit cost ratio. Cycle 11 will be state funded.

Mr. Luu stated that Caltrans recently implemented new requirements for Buy America that will take effect after the meeting.

Mr. Luu reported that $14 million in CRRSAA funds was allocated over 30 projects in Orange County. He specified that CRRSAA funds are distributed through PMRF in Orange County.

Mr. Luu presented on upcoming training opportunities such as the Federal Aid Series and Resident Engineers Academy.

Mr. Luu reminded that projects that receive any amount of Federal funds must comply with Title VI requirements.

Mr. Luu provided up to date Caltrans contact information.

8. Public Comments – None

9. The meeting was adjourned at 2:11 p.m.

City Council 29 – 23 2/20/2024
AGENDA
Technical Advisory Committee
Item# 2
2023 CTFP Call for Projects –
O and P Programming
Recommendations
City Council 29 – 24 2/20/2024
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) February 22, 2023
To: Technical Advisory Committee
From: Orange County Transportation Authority Staff
Subject: Comprehensive Transportation Funding Programs – 2023 Call for Projects Programming Recommendations
Overview
The Orange County Transportation Authority issued the 2023 annual Measure M2 Comprehensive Transportation Funding Programs Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2022. This call for projects made available approximately $45 million in Measure M2 competitive grant funding for regional roadway capacity and signal synchronization projects countywide. A list of projects recommended for funding is presented for review and approval.

Recommendations
A. Recommend for Board of Directors approval the award of $33.48 million in 2023 Regional Capacity Program (Project O) funds to seven local agency projects.

B. Recommend for Board of Directors approval the award of $3.66 million in 2023 Regional Traffic Signal Synchronization Program (Project P) funds to three local agency projects.

Background
The Regional Capacity Program (RCP), Project O, is the Measure M2 (M2) competitive funding program through which the Orange County Transportation Authority (OCTA) supports streets and roads capital projects. The Regional Traffic Signal Synchronization Program (RTSSP), Project P, is the M2 competitive program which provides funding for signal synchronization projects.

City Council 29 – 25 2/20/2024
Comprehensive Transportation Funding Programs –
2023 Call for Projects Programming Recommendations