Agenda packet — Santa Ana City Council, July 16, 2024 (part 5 of 6)

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY OF SANTA ANA

AUTHORIZING EXAMINATION OF SALES AND USE TAX

RECORDS AND TRANSACTIONS AND USE TAX

RECORDS

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 conclusively finds, determines and declares as follows:

WHEREAS, pursuant to Ordinance No. NS-1187, the City of Santa Ana (“City”) entered into a contract with the California Department of Tax and Fee Administration (“CDTFA”) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Ordinance No. NS-2952 and California Revenue and Taxation Code Section 7270, the City entered into a contract with the CDTFA to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales and use tax records and transactions and use tax records of the CDTFA pertaining to sales and use taxes, and transactions and use taxes collected by the CDTFA for the City; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of CDTFA records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records or transactions and use tax records of the CDTFA; NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows:

Section 2. The Executive Director of Finance and Management Services, Assistant Director of Finance and Management Services, Treasury and Customer Services Manager, Budget and Research Manager, Budget Supervisor, Senior Management Analyst, Management Analyst, Revenue Supervisor, and/or other officer or employee of the City designated in writing by the Executive Director of Finance and Management Services to the CDTFA (collectively, “Designated Employee”) are hereby appointed to represent the City with authority to examine sales and use tax records, and transactions and use tax records of the CDTFA pertaining to sales and use taxes, and EXHIBIT 2
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transactions and use taxes collected for the City by the CDTFA pursuant to the contract between the City and the CDTFA.

Section 3. The Designated Employee is hereby appointed to represent the City with the authority to examine those sales and use tax records and transaction and use tax records for purposes related to the collection of City sales and use taxes, and transactions and use taxes by the CDTFA pursuant to that contract, and for purposes related to the following governmental functions of the City:
a) Detection of misallocations and deficiencies;
b) Revenue tracking and economic development;
c) Forecasting and budget-related functions; and
d) Comparative audit of local jurisdiction taxes.

The information obtained by examination of CDTFA records shall be used only for those governmental functions of the City listed above.

Section 4. Hinderliter, de Llamas and Associates (“HdL”) is hereby designated to examine all of the sales and use tax records, and transactions and use tax records of the CDTFA pertaining to sales and use taxes and transactions and use taxes collected for the City by the CDTFA, with records beginning April 1, 2024. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and HdL:
a) has an existing contract with the City to examine those sales and use tax records and transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records, and transactions and use tax records only to the Designated Employee authorized under Section 1 of this Resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records and transactions and use tax records, after that contract has expired.

Section 5. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of City’s sales and use taxes or transactions and use taxes by the CDTFA pursuant to the contract between the City and the CDTFA and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

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Section 6. This resolution supersedes all prior resolutions of the City Council of the City of Santa Ana adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of _____________, 2024.
_____________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:_____________________
Andrea Garcia-Miller
Assistant City Attorney
AYES: Councilmembers: __________________________
NOES: Councilmembers: __________________________
ABSTAIN: Councilmembers: __________________________
NOT PRESENT: Councilmembers: __________________________

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, JENNIFER HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-_______ to be the original resolution adopted by the City Council of the City of Santa Ana on the ____ day of ___________, 2024.

Date: ____________________ ________________________________ City Clerk
City of Santa Ana
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REQUEST FOR PROPOSALS NO. 24-010
FOR

TAX AUDIT, ANALYSIS, FORECASTING, AND REPORTING

SERVICES

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

Issue Date:

Deadline for Questions:

Proposal Due Date:

Thursday, February 8, 2024
Monday, February 26, 2024, 4:00 P.M.

Wednesday, March 13, 2024, 4:00 P.M.

EXHIBIT 4
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TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. SCOPE OF SERVICES............................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................ 4 V. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8 VIII. REFERENCES............................................................................................................................ 8 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9 X. SELECTION PROCEDURES & CRITERIA ............................................................................... 11 XI. WITHDRAWALS........................................................................................................................ 12 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 12 XIII. AWARD OF AGREEMENT........................................................................................................ 17 XIV. IMPLEMENTATION................................................................................................................... 17

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT

ATTACHMENTS

A SERVICE CATEGORY IDENTIFICATION TABLE
B PROPOSER’S CERTIFICATION & PROPOSAL ITEM PRICING

C REFERENCES
D PROPOSER’S STATEMENT

E NON-COLLUSION AFFIDAVIT

F NON-LOBBYING CERTIFICATION

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

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

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

II. OVERVIEW OF PROJECT
The City is seeking proposals from qualified firms and organizations (Proposers) to provide audit, revenue recovery, analysis, forecasting, and reporting services for the following tax revenues:

OPTIONS:

A. Sales & Use Tax (Bradley-Burns allocation) and Transactions & Use Tax (Santa Ana Measure X)
B. Property Tax, Property Tax In-Lieu of Vehicle License Fees, Residual Allocations from the Redevelopment Property Tax Transfer Fund, and Documentary Stamp Tax C. Non-Regulatory Business License Tax
D. Business License Tax for Cannabis Business
E. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) F. Utility Users Tax for Electric, Gas & Telecommunications Services Additionally, the City is seeking proposals from from qualified Proposers to provide and present data for the following option:

G. Statistical Report Package for the Annual Comprehensive Financial Report The City may award agreements to one or more Proposers, however, it desires to contract with a minimum number of firms if possible, for a total of seven options provided as outlined throughout EXHIBIT I – Scope of Services. Proposers may submit a proposal for any or all of the seven Options listed above (A-G). If a Proposer is qualified and capable of proposing for multiple options, they are encouraged to do so.

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

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

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

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

V. MINIMUM QUALIFICATIONS
• Proposers must have a minimum of seven (7) years’ experience providing similar services to other government agencies;
• Proposers must have provided similar services for a minimum of three (3) years to at least two (2) government agencies with tax revenues exceeding $150 million; and • Proposers must not have had any disciplinary action taken or pending against them during the past five (5) years with state regulators, government agencies, or professional organizations.

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

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

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

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

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

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

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

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

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

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

General process questions may be directed to the following:

Jacques Lam
Buyer
Email: [email protected]
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

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

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

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

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

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

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

Alejandra Gutierrez, City Project Manager
City of Santa Ana – Finance & Management Services Agency 20 Civic Center Plaza, First Floor Ross Annex (M-15)
Santa Ana, CA 92702-1964
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above).

Proposals should include detailed service descriptions to accomplish the minimum Audit, Analysis, Forecasting, and Reporting requirements listed in EXHIBIT I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).

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d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. v. Measurements on how close the firm’s historical forecasts and revenue estimates have been to actual results.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

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

2. Cost Proposal
All Proposers are required to submit ATTACHMENT B – Proposer’s Certification & Proposal Item Pricing to ensure fees proposed can be compared and evaluated. The City desires to contract for seven Options as outlined throughout EXHIBIT I – Scope of Services. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.

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

Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.

If providing hourly rate sheets, Proposer shall not include rate ranges or averages.

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

As part of the Audit process, Contractors may be called upon to provide testimony or provide documentation during Administrative Hearings. Rates for participation in the Administrative Hearings must also be included as part of the cost proposal.

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

PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the required attachments.

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

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

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

Consultant must maintain, for the duration of its contract, the following insurance coverages as required by the City:
• 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 aggregate.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with combined single limit of $1,000,000.
• 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, policy, employee for bodily injury or disease.
• Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’sprofession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

Insurance requirements above can be met with primary and umbrella/excess insurance policies.

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

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

Additional Insured Status
City, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and Automobile Liability policy(ies) with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.

Primary Coverage
For any claims related to this contract, the selected Proposer’s insurance coverage shall be primary coverage as respects City, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

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Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under the CGL, Automobile Liability, Worker’s Compensation and/or Professional Liability insurance policies.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).

Severability
A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

Certificate Holder
Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Consultant 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.

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

Claims Made Policies
If any of the required policies provide claims-made coverage:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

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

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

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

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

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

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

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

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

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

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

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

The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

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

CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
25 Experience of Firm and Personnel
• The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
50 Proposed Pricing 15
References
• References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100
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XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Consultant shall perform the following services as outlined below.

A. Option A: Sales & Use Tax (Bradley-Burns) and Transactions & Use Tax (Santa Ana Measure X)

1. Identify and advise City of legislation potentially impacting City revenue, including pending legislation. Consultant may be required to coordinate with the City’s contracted federal and state legislative advocacy consultants.

2. Perform economic analysis and prepare detailed quarterly reports with trend information by sector and geographical area, top 100 tax payers, comparative data, three versions of City revenue estimates (pessimistic, most-likely, and optimistic), and detailed assumptions. Schedule a quarterly meeting with City staff to present the reports.

3. Obtain detailed quarterly data from the California Department of Tax and Fee Administration (CDTFA), then review and analyze for accuracy.

4. Identify and correct reporting errors and omissions made by businesses in order to maximize the City’s revenue.

5. Perform physical canvassing and evaluation of businesses generating tax for the City of Santa Ana.

6. Perform permit audits of wholesalers, contractors, manufacturers, and other non-retail businesses.

7. Validate negative finding notifications from the CDTFA.

8. Review City purchases to capture the local allocation on purchases subject to use tax.

9. Coordinate with the CDTFA to make necessary corrections including retroactive adjustments as applicable.

10. As needed, represent the City before state offices and bodies to correct tax distribution errors.

11. Provide designated City staff with user-friendly access to a detailed online database, including inquiry by business and geographical location, search and data-download capabilities, and reports.

12. When appropriate, assist with strategies and make recommendations to preserve and enhance the City’s sales/transactions/use tax base.

B. Option B: Property Tax (Secured and Unsecured), Property Tax In-Lieu of Vehicle License Fees (VLF), Residual Allocations from the Redevelopment Property Tax Transfer Fund (PRTTF), and Documentary Stamp Tax (Property Transfer Tax)

2. Prepare revenue estimates by March 15 of each year to be used during the budget process for each upcoming fiscal year beginning on July 1. Include assumptions.

3. Update revenue estimates after the County of Orange (County) finalizes assessed values for each fiscal year.

4. Reconcile the County’s assessed valuation reports to assessment rolls and identify discrepancies.

5. Review assessed valuation data to identify inconsistencies and investigate.

6. Prepare a detailed annual report including assessed value summaries and reconciliation, detailed information for significant changes to assessed value, top taxpayers, property-tax-dollar

EXHIBIT I

SCOPE OF SERVICES
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breakdown, summary information by Tax Rate Area, information for parcel changes and transfer of ownership, comparative information by fiscal year, comparative information with other cities, and Proposition 8 recapture.

7. Schedule meetings with City staff to present estimates and the annual detailed report.

8. Represent the City for purpose of examining records to identify errors and omissions to support maximizing City revenue.

9. Use City Planning and Building data to identify non-residential parcels with new construction.

10. Provide reports for the City’s preparation of appropriation limit calculations for the state.

11. Prepare requests for corrective action and provide other assistance to recover and prevent tax delinquencies, as applicable.

12. Respond to City staff requests for data to be used for developer agreements.

13. Provide designated City staff with user-friendly access to a detailed online database, including inquiry by parcel (situs address and APN), geographical location, search and data-download capabilities, parcel owner contact information, and reports.

C. Option C: Non-Regulatory Business License Tax (BLT) – Non-Cannabis Business

1. Identify and advise City of legislation potentially impacting City revenue, including pending legislation.

2. Prepare biannual revenue estimates and include assumptions. Represent the City for the purpose of obtaining information from businesses to assist with preparation of revenue estimates.

Schedule biannual meetings with staff to review the estimates and assumptions.

3. Provide business audit services in accordance with the City’s municipal code (Chapter 21), based on an plan and schedule mutually agreed upon by the City and Consultant. Identify the range of cost per audit based on a minimum of 1 audit per year. Represent the City for the purpose of examining records related to the applicable tax revenue. Schedule meetings with staff as needed.

4. Prepare documents to facilitate recovery of revenue and applicable penalties and interest, including requests for corrective action. This includes the identification, auditing, and discovering procedures to detect and recover unreported and/or underreported business license taxes (i.e., cross-referencing information with Sales Tax data to ensure licensing compliance).

5. Provide comparative information with other cities having a non-regulatory BLT.

6. When appropriate, provide recommended changes in business license policies/procedures to improve business license tax collection.

D. Option D: Business License Tax (BLT) – Cannabis Business

1. Identify and advise City of legislation potentially impacting City revenue, including pending legislation.

2. Prepare biannual revenue estimates and include assumptions. Represent the City for the purpose of obtaining information from cannabis businesses to assist with preparation of revenue estimates. Schedule biannual meetings with staff to review the estimates and assumptions.

3. Provide Cannabis BLT audit services in accordance with the City’s municipal code (Chapter 21, Articles XII and XIII), based on a mutually agreed upon plan and schedule. Identify the range of cost per audit based on a minimum of three (3) audits per year. Represent the City for the purpose of examining records related to the applicable tax revenue. Schedule meetings with staff as needed.
a. The desired services to be performed for legally operated cannabis facilities in the City include, but are not limited to:
i. On-site cannabis business license tax audits to ensure operations of the cannabis business are in tax compliance with the City’s municipal code (Chapter 21, Articles XII and XIII and Sec. 40-106. - Audits—Cooperatives/collectives.).

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ii. Evaluate consistency between gross receipts and other information reported on financial statements to what was reported to the CDTFA for sales and use tax, cannabis excise tax, and/or cultivation tax. In addition, evaluate consistency between gross receipts reported on financial statements to gross receipts reported to the City.
iii. The auditor shall have access to examine any of the following records or books, whenever necessary, to ascertain the amount of any tax due, as required by the City’s municipal code.

4. Any point of sale (POS) inventory control and reporting system that can produce historical transaction data for review by the City.

5. Legible, clear, adequate, and accurate books, records, and documentation maintained on the premises for a minimum of five (5) years, that detail all the revenues and expenses, and assets and liabilities of the business.

6. A complete set of books of account, invoices, copies of orders and sales, bills, bank statements (including cancelled checks and deposit slips), and all other records necessary to fully show transaction history.

7. Provide any additional assistance as necessary to support the City in recovering and preventing tax deficiencies and delinquencies.

8. Prepare documents to facilitate recovery of revenue and applicable penalties and interest, including requests for corrective action.

9. Provide comparative information with other cities having a local Cannabis tax.

E. Option E: Hotel Visitors Tax (HVT, more commonly known as Transient Occupancy Tax)

1. Identify and advise City of legislation potentially impacting City revenue, including pending legislation.

2. Prepare biannual revenue estimates and include assumptions. Represent the City for the purpose of obtaining information from hotels to assist with preparation of revenue estimates. Schedule biannual meetings with staff to review the estimates and assumptions.

3. Provide HVT audit services in accordance with the City’s municipal code (Chapter 35, Article V), based on a mutually agreed upon plan and schedule. Identify the range of cost per audit based on a minimum of 2 audits per year. Represent the City for the purpose of examining records related to the applicable tax revenue. Schedule meetings with staff as needed.

4. Prepare documents to facilitate recovery of revenue and applicable penalties and interest, including requests for corrective action.

5. Provide comparative information with other cities having a TOT.

F. Option F: Utility Users Tax (UUT) for Electric, Gas & Telecommunications Services

1. Identify and advise City of legislation potentially impacting City revenue, including pending legilsation.

2. Prepare biannual revenue estimates and include assumptions. Represent the City for the purpose of obtaining information from utility providers to assist with preparation of revenue estimates.

Schedule biannual meetings with staff to review the estimates and assumptions.

3. Provide UUT audit services in accordance with the City’s municipal code (Chapter 35, Article VI), based on an agreed-to plan and schedule. Identify the range of cost per audit based on a minimum of 1 audit per year. The audits will include corresponding franchise fees as applicable. Represent the City for the purpose of examining records related to the applicable tax and fee revenue.

Schedule meetings with staff as needed.

4. Prepare documents to facilitate recovery of revenue and applicable penalties and interest, including requests for corrective action.

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5. Provide comparative information with other cities having a UUT.

G. Option G: Statistical Reporting Package for Annual Comprehensive Financial Report

1. Prepare select tables for the statistical section of the City’s annual comprehensive financial report by October 15 of each year. The City will prepare tables comprised exclusively of internal information. The consultant will prepare all remaining tables. The City’s most recent annual report can be found at: https://www.santa-ana.org/financial-reports/.

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CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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

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

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

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit 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 Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for an initial period of five (5) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for three (3) additional periods of two (2) years, one (1) year, and a final optional extension for a one (1) year period, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed nine (9) years. The Agreement may be terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;

EXHIBIT II

SAMPLE AGREEMENT

EXHIBIT II

SAMPLE AGREEMENT
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however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

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

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

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

1. 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 aggregate.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with combined limit of $1,000,000.

3. 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, policy, employee for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

Insurance requirements above can be met with primary and umbrella/excess insurance policies. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

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Primary Coverage
For any claims related to this contract, the selected Proposer’s insurance coverage shall be primary coverage as respects City, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under the CGL, Automobile Liability, Worker’s Compensation and/or Professional Liability insurance policies. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).

Certificate Holder
Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701.

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

Claims Made Policies
If any of the required policies provide claims-made coverage:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

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

City
City Council
of Santa Ana RFP No. 24-010 Page 25 of 38
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CITY OF SANTA ANA

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

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

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

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

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

17. JURISDICTION - VENUE
City
City Council
of Santa Ana RFP No. 24-010 Page 26 of 38
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CITY OF SANTA ANA
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this 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 City:

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

Finance & Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1981
Santa Ana, California 92702
ATTN: Alejandra Gutierrez
Fax: 714-647-5497
To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

City
City Council
of Santa Ana RFP No. 24-010 Page 27 of 38
23 – 77 7/16/2024

CITY OF SANTA ANA
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 Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Tom Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Kathryn Downs, CPA
Executive Director, Finance & Management Services
Finance & Management Services Agency

SAMPLE ONLY

(name)
(title)
City
City Council
of Santa Ana RFP No. 24-010 Page 28 of 38
23 – 78 7/16/2024

CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals (RFP). I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my RFP.

Please use check marks to indicate the service area(s) for which Respondent wishes to be considered and rank order of preference in numerical order. Please include this attachment with your RFP submission.

No. Category Description
Rank Order of
Preference
(1,2,3, etc.)
1 Option A: Sales & Use Tax (Bradley-Burns) and Transactions & Use Tax (Santa Ana Measure X)
2 Option B: Property Tax (Secured and Unsecured), Property Tax In-Lieu of Vehicle License Fees (VLF), Residual Allocations from the Redevelopment Property Tax Transfer Fund (PRTTF), and Documentary Stamp Tax (Property Transfer Tax) 3 Option C: Non-Regulatory Business License Tax (BLT) – Non-Cannabis Business 4 Option D: Business License Tax (BLT) – Cannabis Business 5 Option E: Hotel Visitors Tax (HVT, more commonly known as Transient Occupancy Tax)
6 Option F: Utility Users Tax (UUT) for Electric, Gas & Telecommunications Services 7 Option G: Statistical Reporting Package for Annual Comprehensive Financial Report
To be considered responsive, at least one service category must be identified.

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

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF

APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT A

SERVICE CATEGORY IDENTIFICATION TABLE
City
City Council
of Santa Ana RFP No. 24-010 Page 29 of 38
23 – 79 7/16/2024

CITY OF SANTA ANA
Proposers must submit the following Proposal Pricing Tables as part of their submittal to be considered complete. The table must not show ranges or averages in the pricing. Each Option and all corresponding Parts must be filled in for each Option the Proposer wishes to bid upon. For any Option not bid upon, simply mark the N/A box and leave that section empty.

OPTION A: Sales & Use Tax (Bradley-Burns) and Transactions & Use Tax (Santa Ana Measure X) ☐ N/A
Part A (Lump Sum) Economic and Legislative Analysis with Quarterly Reports and Virtual Presentations to City Staff $
Part B (Cost Per Audit)*
Physical canvassing and evaluations for a Business
With:

Annual Receipts less than $1 Million $
Annual Receipts between $1 and $5 Million $
Annual Receipts between $5 and $10 Million $
Annueal Receipts greater than $10 Million $
Part C (Hourly) Other Related Additional Services $ /hr *Note: No Minimum Audits per Year
OPTION B: Property Tax (Secured and Unsecured), Property Tax InLieu of Vehicle License Fees (VLF), Residual Allocations from the Redevelopment Property Tax Transfer Fund (PRTTF), and
Documentary Stamp Tax (Property Transfer Tax)
☐ N/A
Part A (Lump Sum) Economic and Legislative Analysis with Biannual Reports and Virtual Presentations to City Staff $
Part B (Hourly) Other Related Additional Services $ /hr OPTION C: Non-Regulatory Business License Tax (BLT) – NonCannabis Business ☐ N/A Part A (Lump Sum) Economic and Legislative Analysis with Biannual Reports and Virtual Presentations to City Staff $
Part B (Cost Per Audit)*
Physical canvassing and evaluations for a Business
With:

Annual Receipts less than $1 Million $
Annual Receipts between $1 and $5 Million $
Annual Receipts between $5 and $10 Million $
Annueal Receipts greater than $10 Million $
Part C (Hourly) Other Related Additional Services $ /hr *Note: Minimum One (1) Audit per Year
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B
PROPOSER’S CERTIFICATION & PROPOSAL PRICING
City
City Council
of Santa Ana RFP No. 24-010 Page 30 of 38
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CITY OF SANTA ANA
OPTION D: Business License Tax (BLT) – Cannabis Business ☐ N/A Part A (Lump Sum) Economic and Legislative Analysis with Biannual Reports and Virtual Presentations to City Staff $
Part B (Cost Per Audit)*
Physical canvassing and evaluations for a Business
With:

Annual Receipts less than $1 Million $
Annual Receipts between $1 and $5 Million $
Annual Receipts between $5 and $10 Million $
Annueal Receipts greater than $10 Million $
Part C (Hourly) Other Related Additional Services $ /hr *Note: Minimum Three (3) Audits per Year
OPTION E: Hotel Visitors Tax (HVT, more commonly known as Transient Occupancy Tax) ☐ N/A
Part A (Lump Sum) Economic and Legislative Analysis with Biannual Reports and Virtual Presentations to City Staff $
Part B (Cost Per Audit)*
Physical canvassing and evaluations for a Business
With:

Annual Receipts less than $1 Million $
Annual Receipts between $1 and $5 Million $
Annual Receipts between $5 and $10 Million $
Annueal Receipts greater than $10 Million $
Part C (Hourly) Other Related Additional Services $ /hr *Note: Minimum Two (2) Audits per Year
OPTION F: Utility Users Tax (UUT) for Electric, Gas &
Telecommunications Services ☐ N/A
Part A (Lump Sum) Economic and Legislative Analysis with Biannual Reports and Virtual Presentations to City Staff $
Part B (Cost Per Audit)* Canvassing and evaluations
Part C (Hourly) Other Related Additional Services $ /hr *Note: Minimum One (1) Audit per Year
OPTION G: Statistical Reporting Package for Annual Comprehensive Financial Report ☐ N/A
Part A (Lump Sum) Data Analysis and Table Preparation $ Part B (Hourly) Other Related Additional Services $ /hr THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B (Continued)
PROPOSER’S CERTIFICATION & PROPOSAL PRICING
City
City Council
of Santa Ana RFP No. 24-010 Page 31 of 38
23 – 81 7/16/2024

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

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

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

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

ATTACHMENT B (Continued)
PROPOSER’S CERTIFICATION & PROPOSAL PRICING
City
City Council
of Santa Ana RFP No. 24-010 Page 32 of 38
23 – 82 7/16/2024

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

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

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT C

REFERENCES
City
City Council
of Santa Ana RFP No. 24-010 Page 33 of 38
23 – 83 7/16/2024

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

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

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

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

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT D
PROPOSER’S STATEMENT
City
City Council
of Santa Ana RFP No. 24-010 Page 34 of 38
23 – 84 7/16/2024

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

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

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

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

ATTACHMENT E

NON-COLLUSION AFFIDAVIT
City
City Council
of Santa Ana RFP No. 24-010 Page 35 of 38
23 – 85 7/16/2024

CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT F

NON-LOBBYING CERTIFICATION
City
City Council
of Santa Ana RFP No. 24-010 Page 36 of 38
23 – 86 7/16/2024

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

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

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

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

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

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

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

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

ATTACHMENT G

NON-DISCRIMINATION CERTIFICATION
City
City Council
of Santa Ana RFP No. 24-010 Page 37 of 38
23 – 87 7/16/2024

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT G (Continued)

NON-DISCRIMINATION CERTIFICATION
City
City Council
of Santa Ana RFP No. 24-010 Page 38 of 38
23 – 88 7/16/2024
Human Resources Department
www.santa-ana.org/human-resources
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: City’s Basic Classification and Compensation Plan

AGENDA TITLE
Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan

RECOMMENDED ACTION
Adopt a resolution to effect certain changes to the City’s basic classification and compensation plan.

RESOLUTION NO. 2024-XXXX 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
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The FY 2024-25 budget document included detailed staffing tables for each department. The following is a summary of the full-time positions in the FY 2024-25 Budget.

Department FY 23-24 FY 24-25
Workforce
Changes
FY 24-25
Proposed
City Manager 16 (1) 15
City Clerk 7 7
City Attorney 22 1 23
Human Resources 32 (1) 31
Finance & Management Services 69 1 70
Library 38 38
Parks, Recreation, & Community Services 64 1 65
Police 660 660
Planning & Building 99 (4) 95
Public Works 316 1 317
Community Development 72 7 79
Information Technology 24 24
City Council 24 – 1 7/16/2024
City’s Basic Classification and Compensation Plan
July16, 2024

Page 2 ends

Total 1,419 5 1,424
Each year, the Classification and Compensation Resolution is presented to City Council to:
• Update job classifications to reflect current standards; • Add new job classifications as requested by departments to meet their operational needs;
• Remove job classifications that are no longer in use, not filled by employees, and not budgeted; and
• Establish the FY 2024-25 Salary Schedule to reflect wage increase set forth in the Memorandums of Understanding (MOUs) negotiated with the employee bargaining groups.

Staff has met and conferred with labor groups, and discussed each of the job classification changes in the proposed Resolution. All affected bargaining groups were provided the changes on May 13, 2024. Specifically, management met and conferred with the Police Officers Association (POA) on June 10 and the Service Employee International Union (SEIU) on June 4, June 11, June 25, and July 2 to obtain agreement for the recommended removal of certain job classifications that are no longer in use and update job classifications. The removal of the job classifications have no impact on City employees or the budget.

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

FISCAL IMPACT
The approved FY 2024-25 Budget includes enough funds for pay increases reflected in this document.

EXHIBIT(S)

1. Classification and Compensation Plan Resolution
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, Acting City Manager
City Council 24 – 2 7/16/2024
Resolution 2024-XXX

Page 1 of 30 ends

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

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 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 classifications 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.

D. It is now desired to amend the City’s classification and compensation plan as listed herein.

Section 2. The Santa Ana City Council hereby amends the City’s classification and compensation plan as follows:

A. Create the following classifications:

UNIT TITLE STEPS MIN MAX
CASA Claims Adjuster (UC) 6 $6,971 $8,897
CASA
Police Oversight
Commission Secretary
(UC)
6 $4,877 $6,232
City Council 24 – 3 7/16/2024
Resolution 2024-XXX

Page 2 of 30 ends

UNIT TITLE STEPS MIN MAX

RETIRED

ANNUITANT
Police Officer - Retired
Annuitant
-
The pay rate is
not less than the
minimum nor
more than the
maximum paid
monthly to other
employees
performing
comparable
duties, divided by
173.333 to equal
an hourly rate.

SAMA
City Attorney’s Office
Executive Legal Assistant
(Excepted) (AM)
5 $7,649 $9,298

SEASONAL
PT
Human Resources
Administrative Assistant
(Part-Time)
6 $26.93 $34.39

SEASONAL
PT
Organizational
Development and
Training Analyst (PartTime)
6 $40.22 $51.33

SEASONAL
PT
Police Investigative
Specialist (Part-Time) 5 $37.22 $45.24

SEASONAL
PT Police Officer (Part-Time) 5 $48.92 $59.46

SEASONAL
PT
Senior Organizational
Development and
Training Analyst (PartTime)
5 $53.64 $65.22
SEIU FT Site Director 7 $5,438 $7,287
SEIU FT Site Teacher 7 $4,696 $6,295
SEIU FT Tax Compliance Officer 7 $5,683 $7,613
SEIU FT Teacher's Aide 7 $3,678 $4,931
City Council 24 – 4 7/16/2024
Resolution 2024-XXX

Page 3 of 30 ends

UNIT TITLE STEPS MIN MAX
SEIU PT Lifeguard (Part-Time) 5 $18.99 $23.13
SEIU PT Parking Meter Technician
I (Part-Time) 5 $27.50 $33.43
SEIU PT Permit Services
Technician (Part-Time) 5 $38.31 $46.57
SEIU PT Pool Manager (PartTime) 5 $23.37 $28.41
SEIU PT Senior Lifeguard (PartTime) 5 $21.20 $25.77
SEIU PT Substitute Teacher (PartTime) 5 $29.88 $36.32
B. Delete the following classifications:

UNIT TITLE STEPS MIN MAX
POA Police Property and
Evidence Supervisor 5 $6,547 $7,956
POA Traffic Services
Specialist 5 $6,451 $7,842
SEIU FT DNA Coordinator 7 $4,718 $6,326
SEIU FT Police Fiscal Officer 7 $7,613 $10,211
SEIU PT Special Events Leader I 5 $17.02 $20.69
SEIU PT Special Events Leader II 5 $20.77 $25.25
City Council 24 – 5 7/16/2024
Resolution 2024-XXX

Page 4 of 30 ends

C. Change the compensation of the following classifications:

FROM

UNIT TITLE STEPS MIN MAX
1 SAMA
Deputy Public Works
Director / Water
Resources Manager (MM)
17 $11,552 $17,144
2 SEASONAL
PT
Background Investigator
(Part-Time) 5 $28.45 $34.60
3 SEASONAL
PT
Claims Adjuster (PartTime) 6 $39.05 $49.83
4 SEASONAL
PT Data Analyst (Part-Time) 6 $37.72 $48.15
5 SEASONAL
PT
Human Resources
Analyst (Part‐Time) 6 $36.81 $46.97
6 SEASONAL
PT
Human Resources
Communications
Specialist (Part‐Time)
6 $36.81 $46.97
7 SEASONAL
PT
Human Resources
Specialist (Part‐Time) 6 $24.64 $31.46
8 SEASONAL
PT
Human Resources
Technician (Part‐Time) 6 $30.12 $38.46
9 SEASONAL
PT
Police Services
Dispatcher (Part-Time) 5 $36.68 $44.57
10 SEASONAL
PT
Risk Management Analyst
(Part‐Time) 6 $36.81 $46.97
11 SEASONAL
PT
Risk Management
Specialist (Part‐Time) 6 $24.64 $31.46
12 SEASONAL
PT
Risk Management
Technician (Part‐Time) 6 $30.12 $38.46
13 SEASONAL
PT
Senior Human Resources
Communications
Specialist (Part-Time)
5 $49.09 $59.68
City Council 24 – 6 7/16/2024
Resolution 2024-XXX

Page 5 of 30 ends

UNIT TITLE STEPS MIN MAX
1 SAMA
Deputy Public Works
Director / Water
Resources Manager (MM)
17 $12,499 $18,554
2 SEASONAL
PT
Background Investigator
(Part-Time) 5 $37.22 $45.24
3 SEASONAL
PT
Claims Adjuster (PartTime) 6 $40.22 $51.33
4 SEASONAL
PT Data Analyst (Part-Time) 6 $41.22 $52.62
5 SEASONAL
PT
Human Resources
Analyst (Part‐Time) 6 $40.22 $51.33
6 SEASONAL
PT
Human Resources
Communications
Specialist (Part‐Time)
6 $40.22 $51.33
7 SEASONAL
PT
Human Resources
Specialist (Part‐Time) 6 $26.93 $34.39
8 SEASONAL
PT
Human Resources
Technician (Part‐Time) 6 $32.91 $42.02
9 SEASONAL
PT
Police Services
Dispatcher (Part-Time) 5 $38.14 $46.36
10 SEASONAL
PT
Risk Management Analyst
(Part‐Time) 6 $40.22 $51.33
11 SEASONAL
PT
Risk Management
Specialist (Part‐Time) 6 $26.93 $34.39
12 SEASONAL
PT
Risk Management
Technician (Part‐Time) 6 $32.91 $42.02
13 SEASONAL
PT
Senior Human Resources
Communications
Specialist (Part-Time)
5 $53.64 $65.22
City Council 24 – 7 7/16/2024
Resolution 2024-XXX

Page 6 of 30 ends

D. Change the title of the following classifications:

FROM

UNIT TITLE STEPS MIN MAX
1 SEIU PT Clerk Typist 5 $22.27 $27.07
2 SEIU PT Program Leader 5 $16.61 $20.19
3 SEIU PT Program Coordinator 5 $20.19 $24.54
4 SEIU PT Community Center Aide 5 $22.26 $27.06
5 SEIU FT Recreation Leader 7 $3,503 $4,696
TO

UNIT TITLE STEPS MIN MAX
1 SEIU PT Senior Office Assistant
(Part-Time) 5 $22.27 $27.07
2 SEIU PT Program Leader I (PartTime) 5 $16.61 $20.19
3 SEIU PT Senior Program Leader
(Part-Time) 5 $20.19 $24.54
4 SEIU PT Community Center Aide
(Part-Time) 5 $22.26 $27.06
5 SEIU FT Recreation Specialist 7 $3,503 $4,696
City Council 24 – 8 7/16/2024
Resolution 2024-XXX

Page 7 of 30 ends

E. Change the title of the following classifications and make them Terminal (T):

FROM

UNIT TITLE STEPS MIN MAX
1 SEIU PT Maintenance Attendant 5 $16.54 $19.78
2 SEIU FT Senior Engineer 7 $10,883 $14,585
TO

UNIT TITLE STEPS MIN MAX
1 SEIU PT Maintenance Attendant
(Part-Time) (T) 5 $16.54 $19.78
2 SEIU FT Senior Engineer (T) 7 $10,883 $14,585
F. Change the compensation and title of the following classifications:

FROM

UNIT TITLE STEPS MIN MAX
1 SEIU FT Building Technician 7 $5,029 $6,740
2 SEIU FT Combination Building
Inspector 7 $6,514 $8,730
3 SEIU FT Senior Combination
Building Inspector 7 $7,180 $9,625
TO

UNIT TITLE STEPS MIN MAX
1 SEIU FT Building Inspector 7 $6,610 $8,857
2 SEIU FT Senior Building Inspector 7 $7,287 $9,765
3 SEIU FT Building Inspector
Supervisor 7 $8,032 $10,775
City Council 24 – 9 7/16/2024
Resolution 2024-XXX

Page 8 of 30 ends

G. Merge and change the compensation and/or title of the following classifications:

FROM

UNIT TITLE STEPS MIN MAX
SEIU PT Senior Program Leader 5 $17.44 $21.20
SEIU PT Recreation Facility
Attendant 5 $18.09 $22.03
TO

UNIT TITLE STEPS MIN MAX
SEIU PT Program Leader II (PartTime) 5 $18.09 $22.03
Section 3. Compensation rates listed herein are inclusive of applicable Memorandum of Understanding salary increase provisions.

Section 4. The Santa Ana City Council hereby approves the updated Salary Schedules for the Confidential Association of the City of Santa Ana (CASA), Santa Ana Police Officers Association (POA), Santa Ana Management Association (SAMA), Seasonal PartTime (Seasonal PT), Service Employees International Union Full-Time (SEIU FT), and Service Employees International Union Part-Time (SEIU PT) units, attached to this resolution as Exhibit A, reflecting classification and compensation amendments per this and previously approved City Council resolutions, and grouped by employee unit, as recommended by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5.

Section 5. That except as amended by this resolution, all other provisions of the City’s classification and compensation plan shall remain in full force and effect.

Section 6. This resolution is effective July 14, 2024, which is the start date of the first full pay period of fiscal year 2024-2025.

ADOPTED this 16th day of July 2024.
___________________________
Valerie Amezcua
Mayor
City Council 24 – 10 7/16/2024
Resolution 2024-XXX

Page 9 of 30 ends

APPROVED AS TO FORM:

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

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024- ___ to be the original resolution adopted by the City Council of the City of Santa Ana on July 16, 2024.

Date: ___________________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 24 – 11 7/16/2024

EXHIBIT A

CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 10 of 30 ends

JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Administrative Receptionist (UC) 07272 4,235 4,445 4,667 4,903 5,147 5,403 Administrative Secretary (UC) 07271 5,378 5,647 5,929 6,232 6,545 6,869 Budget Aide (UC) 00497 6,293 6,606 6,937 7,284 7,649 8,033 Budget Analyst (UC) 00496 7,144 7,499 7,877 8,270 8,685 9,120 Claims Adjuster (UC) 00124 6,971 7,323 7,686 8,071 8,474 8,897 Council Services Secretary (UC) 00830 4,856 5,102 5,356 5,622 5,908 6,200 Data Analyst (UC) 00498 7,144 7,499 7,877 8,270 8,685 9,120 Equity and Inclusion Coordinator (UC) 01515 7,144 7,499 7,877 8,270 8,685 9,120 Executive Assistant (UC) 00900 6,386 6,707 7,041 7,392 7,761 8,150 Executive Secretary (UC) 07392 5,647 5,929 6,232 6,545 6,869 7,214 Executive Secretary to the Police Chief (UC) 00140 5,647 5,929 6,232 6,545 6,869 7,214 Financial Analyst (UC) 00481 6,971 7,323 7,686 8,071 8,474 8,897 Human Resources Administrative Assistant (UC) 07069 4,667 4,903 5,147 5,403 5,676 5,960 Human Resources Analyst (UC) 01520 6,971 7,323 7,686 8,071 8,474 8,897 Human Resources Communications Specialist (UC) 08590 6,971 7,323 7,686 8,071 8,474 8,897 Human Resources Specialist (UC) 07070 4,667 4,903 5,147 5,403 5,676 5,960 Human Resources Technician (UC) 01250 5,705 5,987 6,293 6,606 6,937 7,284 Legal Office Assistant (UC) 07080 3,899 4,092 4,299 4,512 4,739 4,976 Legal Secretary (UC) 07120 4,833 5,076 5,329 5,596 5,876 6,172 Management Aide (UC) 01201 6,293 6,606 6,937 7,284 7,649 8,033 Management Aide (UC) 01200 6,293 6,606 6,937 7,284 7,649 8,033 Management Analyst – Police Oversight Commission (UC) 00148 7,144 7,499 7,877 8,270 8,685 9,120 Management Analyst (UC) 00750 7,144 7,499 7,877 8,270 8,685 9,120 Management Analyst (UC) 01720 7,144 7,499 7,877 8,270 8,685 9,120 Organizational Development and Training Analyst (UC) 00476 6,971 7,323 7,686 8,071 8,474 8,897 Paralegal (UC) 01670 5,731 6,018 6,324 6,639 6,971 7,323 Payroll Systems Analyst (UC) 07400 8,685 9,120 9,574 10,053 10,554 11,081 Payroll Technician (UC) 07410 5,705 5,987 6,293 6,606 6,937 7,284 Police Oversight Commission Secretary (UC) 07322 4,877 5,123 5,378 5,647 5,929 6,232 Risk Management Analyst (UC) 01756 6,971 7,323 7,686 8,071 8,474 8,897 Risk Management Assistant (UC) 01753 4,445 4,667 4,903 5,147 5,403 5,676 Risk Management Specialist (UC) 01758 4,667 4,903 5,147 5,403 5,676 5,960 Risk Management Technician (UC) 01755 5,705 5,987 6,293 6,606 6,937 7,284 Senior Human Resources Specialist (UC) 07300 5,173 5,432 5,705 5,987 6,293 6,606 Senior Human Resources Technician (UC) 00770 6,293 6,606 6,937 7,284 7,649 8,033 Senior Legal Secretary (UC) 07310 5,378 5,647 5,929 6,232 6,545 6,869 City Council 24 – 12 7/16/2024

EXHIBIT A

CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 11 of 30 ends

JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Senior Paralegal (UC) 01675 6,971 7,323 7,686 8,071 8,474 8,897 Senior Payroll Technician (UC) 07415 6,293 6,606 6,937 7,284 7,649 8,033 Training Coordinator (UC) 01280 8,641 9,074 9,526 10,003 10,501 11,028 City Council 24 – 13 7/16/2024

EXHIBIT A

SANTA ANA POLICE OFFICERS ASSOCIATION (POA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024 TO JULY 12, 2025
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 12 of 30 ends

SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Officer 03200 8,479 8,902 9,349 9,817 10,307
Police Sergeant 03300 10,461 10,984 11,534 12,110 12,716

NON-SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Animal Service Officer I 03920 5,996 6,295 6,611 6,941 7,288 Animal Service Officer II 03930 6,941 7,288 7,653 8,035 8,436 Background Investigator 06170 6,451 6,775 7,112 7,467 7,842 Communications Services Officer 07660 5,852 6,144 6,451 6,775 7,112 Correctional Officer 00310 6,451 6,775 7,112 7,467 7,842 Correctional Supervisor 00370 8,195 8,605 9,036 9,488 9,962 Crime Research Aide 03995 6,808 7,147 7,504 7,879 8,274 Crime Research Analyst 03990 7,728 8,115 8,522 8,947 9,394 Emergency Operations Coordinator 02705 9,036 9,488 9,962 10,461 10,984 Firearms Examiner 07600 8,479 8,902 9,349 9,817 10,307
Forensic Services Supervisor 01360 9,864 10,358 10,876 11,420 11,991 Forensic Specialist I 03970 6,808 7,147 7,504 7,879 8,274 Forensic Specialist II 03980 7,467 7,842 8,235 8,647 9,079 Parking Control Officer 03900 5,051 5,307 5,573 5,852 6,144 Police Athletic / Activities League Assistant Director 03600 5,823 6,114 6,420 6,741 7,077 Police Communications Supervisor 06180 8,035 8,436 8,859 9,303 9,769 Police Community Services Specialist 00780 6,451 6,775 7,112 7,467 7,842 Police Evidence and Supply Specialist 00799 5,937 6,235 6,547 6,874 7,218 Police Evidence and Supply Supervisor 00801 6,547 6,874 7,218 7,578 7,956 Police Investigative Specialist 00790 6,451 6,775 7,112 7,467 7,842 Police Photo / Video Specialist 01100 6,295 6,611 6,941 7,288 7,653 Police Recruit 03870 6,741 7,077 7,431 7,804 8,195
Police Service Officer 03800 5,852 6,144 6,451 6,775 7,112 Police Services Dispatcher 03680 6,611 6,941 7,288 7,653 8,035 Rangemaster 03820 5,852 6,144 6,451 6,775 7,112
Senior Parking Control Officer 01270 5,573 5,852 6,144 6,451 6,775 City Council 24 – 14 7/16/2024

EXHIBIT A

SANTA ANA POLICE OFFICERS ASSOCIATION (POA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13, 2025 TO JULY 11, 2026
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 13 of 30 ends

SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Officer 03200 8,818 9,258 9,723 10,210 10,719
Police Sergeant 03300 10,879 11,423 11,995 12,594 13,225

NON-SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Animal Service Officer I 03920 6,236 6,547 6,875 7,219 7,580 Animal Service Officer II 03930 7,219 7,580 7,959 8,356 8,773 Background Investigator 06170 6,709 7,046 7,396 7,766 8,156 Communications Services Officer 07660 6,086 6,390 6,709 7,046 7,396 Correctional Officer 00310 6,709 7,046 7,396 7,766 8,156 Correctional Supervisor 00370 8,523 8,949 9,397 9,868 10,360 Crime Research Aide 03995 7,080 7,433 7,804 8,194 8,605 Crime Research Analyst 03990 8,037 8,440 8,863 9,305 9,770 Emergency Operations Coordinator 02705 9,397 9,868 10,360 10,879 11,423 Firearms Examiner 07600 8,818 9,258 9,723 10,210 10,719 Forensic Services Supervisor 01360 10,259 10,772 11,311 11,877 12,471 Forensic Specialist I 03970 7,080 7,433 7,804 8,194 8,605 Forensic Specialist II 03980 7,766 8,156 8,564 8,993 9,442 Parking Control Officer 03900 5,253 5,519 5,796 6,086 6,390 Police Athletic / Activities League Assistant Director 03600 6,056 6,359 6,677 7,011 7,360 Police Communications Supervisor 06180 8,356 8,773 9,213 9,675 10,160 Police Community Services Specialist 00780 6,709 7,046 7,396 7,766 8,156 Police Evidence and Supply Specialist 00799 6,174 6,484 6,809 7,149 7,507 Police Evidence and Supply Supervisor 00801 6,809 7,149 7,507 7,881 8,274 Police Investigative Specialist 00790 6,709 7,046 7,396 7,766 8,156 Police Photo / Video Specialist 01100 6,547 6,875 7,219 7,580 7,959 Police Recruit 03870 7,011 7,360 7,728 8,116 8,523
Police Service Officer 03800 6,086 6,390 6,709 7,046 7,396 Police Services Dispatcher 03680 6,875 7,219 7,580 7,959 8,356 Rangemaster 03820 6,086 6,390 6,709 7,046 7,396
Senior Parking Control Officer 01270 5,796 6,086 6,390 6,709 7,046 City Council 24 – 15 7/16/2024

EXHIBIT A

SANTA ANA POLICE OFFICERS ASSOCIATION (POA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 12, 2026
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 14 of 30 ends

SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Officer 03200 9,171 9,628 10,112 10,618 11,148
Police Sergeant 03300 11,314 11,880 12,475 13,098 13,754

NON-SWORN CLASSIFICATIONS

JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Animal Service Officer I 03920 6,485 6,809 7,150 7,508 7,883 Animal Service Officer II 03930 7,508 7,883 8,277 8,690 9,124 Background Investigator 06170 6,977 7,328 7,692 8,077 8,482 Communications Services Officer 07660 6,329 6,646 6,977 7,328 7,692 Correctional Officer 00310 6,977 7,328 7,692 8,077 8,482 Correctional Supervisor 00370 8,864 9,307 9,773 10,263 10,774 Crime Research Aide 03995 7,363 7,730 8,116 8,522 8,949 Crime Research Analyst 03990 8,358 8,778 9,218 9,677 10,161 Emergency Operations Coordinator 02705 9,773 10,263 10,774 11,314 11,880 Firearms Examiner 07600 9,171 9,628 10,112 10,618 11,148 Forensic Services Supervisor 01360 10,669 11,203 11,763 12,352 12,970 Forensic Specialist I 03970 7,363 7,730 8,116 8,522 8,949 Forensic Specialist II 03980 8,077 8,482 8,907 9,353 9,820 Parking Control Officer 03900 5,463 5,740 6,028 6,329 6,646 Police Athletic / Activities League Assistant Director 03600 6,298 6,613 6,944 7,291 7,654 Police Communications Supervisor 06180 8,690 9,124 9,582 10,062 10,566 Police Community Services Specialist 00780 6,977 7,328 7,692 8,077 8,482 Police Evidence and Supply Specialist 00799 6,421 6,743 7,081 7,435 7,807 Police Evidence and Supply Supervisor 00801 7,081 7,435 7,807 8,196 8,605 Police Investigative Specialist 00790 6,977 7,328 7,692 8,077 8,482 Police Photo / Video Specialist 01100 6,809 7,150 7,508 7,883 8,277 Police Recruit 03870 7,291 7,654 8,037 8,441 8,864
Police Service Officer 03800 6,329 6,646 6,977 7,328 7,692 Police Services Dispatcher 03680 7,150 7,508 7,883 8,277 8,690 Rangemaster 03820 6,329 6,646 6,977 7,328 7,692
Senior Parking Control Officer 01270 6,028 6,329 6,646 6,977 7,328 City Council 24 – 16 7/16/2024

EXHIBIT A

SANTA ANA MANAGEMENT ASSOCIATION (SAMA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 15 of 30 ends

ADMINISTRATIVE MANAGEMENT

JOB TITLE JOB

CODE STEP A STEP B STEP C STEP D STEP E
Applications Systems Manager (AM) 02910 11,985 12,590 13,219 13,879 14,575 Assistant Public Works Maintenance Manager (AM) 01772 10,659 11,193 11,753 12,342 12,957 Budget and Research Manager (AM) 06400 11,414 11,985 12,590 13,219 13,879 Budget Supervisor (AM) 00493 10,352 10,869 11,414 11,985 12,590 City Attorney’s Office Executive Legal Assistant (Excepted) (AM) 07392 7,649 8,033 8,431 8,853 9,298 Code Enforcement Principal (AM) 02745 11,193 11,753 12,342 12,957 13,606 Enterprise Program Manager (AM) 01769 10,659 11,193 11,753 12,342 12,957 Facilities Maintenance Manager (AM) 04377 9,341 9,810 10,302 10,818 11,360 Fleet Services Manager (AM) 04785 9,341 9,810 10,302 10,818 11,360 Homeless Services Manager (AM) 03750 11,414 11,985 12,590 13,219 13,879 Information Technology Infrastructure Supervisor (AM) 01705 11,360 11,926 12,527 13,152 13,811 Payroll Manager (AM) 07405 10,659 11,193 11,753 12,342 12,957 Payroll Supervisor (AM) 07404 9,810 10,302 10,818 11,360 11,926 Permit Services Principal (AM) 02589 10,401 10,924 11,469 12,045 12,654 Principal Community Planner (AM) 07609 11,193 11,753 12,342 12,957 13,606 Principal Human Resources Analyst (AM) 01519 10,003 10,501 11,028 11,579 12,160 Principal Management Analyst (AM) 00151 9,860 10,352 10,869 11,414 11,985 Principal Management Analyst (Excepted) (AM) 00149 9,860 10,352 10,869 11,414 11,985 Principal Planner (AM) 02471 11,193 11,753 12,342 12,957 13,606 Project Management Officer (AM) 06145 12,590 13,219 13,879 14,575 15,304 Public Affairs Information Officer (Excepted) (AM) 01800 10,302 10,818 11,360 11,926 12,527 Risk Management Supervisor (AM) 01751 9,341 9,810 10,302 10,818 11,360 Secretary to the City Manager (Excepted) (AM) 01071 7,649 8,033 8,431 8,853 9,298 Senior Budget Analyst (AM) 00494 8,641 9,074 9,526 10,003 10,501 Senior Financial Analyst (AM) 00482 9,074 9,526 10,003 10,501 11,028 Senior Human Resources Analyst (AM) 01541 9,298 9,763 10,250 10,764 11,304 Senior Human Resources Communications Specialist (AM) 08595 9,298 9,763 10,250 10,764 11,304 Senior Legal Management Analyst (Excepted) (AM) 02791 8,641 9,074 9,526 10,003 10,501 Senior Management Analyst (AM) 00152 8,641 9,074 9,526 10,003 10,501 Senior Management Analyst (Excepted) (AM) 00153 8,641 9,074 9,526 10,003 10,501 Senior Organizational Development and Training Analyst (AM) 00477 9,298 9,763 10,250 10,764 11,304 Senior Risk Management Analyst (AM) 01757 9,298 9,763 10,250 10,764 11,304 Supervisor of Inspections (AM) 02371 10,401 10,924 11,469 12,045 12,654 Zoo Animal Care Manager (AM) 05490 7,686 8,071 8,474 8,897 9,341 City Council 24 – 17 7/16/2024

EXHIBIT A

SANTA ANA MANAGEMENT ASSOCIATION (SAMA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 16 of 30 ends

MIDDLE MANAGEMENT

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Accounting Manager (MM) 01120 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 Administrative Services Manager
(MM) 00190 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Assistant City Attorney (Excepted)
(MM) 01620 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Assistant City Clerk (MM) 01710 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Assistant Director of Community
Development (MM) 02865 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Assistant Director of Finance and
Management Services (MM) 01180 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 Assistant Director of Parks, Recreation,
and Community Services (MM) 00380 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Assistant Director of Planning and
Building (MM) 02492 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 Assistant to the City Manager
(Excepted) (MM) 07721 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Benefits and Compensation Manager
(MM) 00474 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Building Safety Manager (MM) 00940 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Chief Assistant City Attorney
(Excepted) (MM) 01650 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 19,018 19,494 City Traffic Engineer (MM) 02150 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 Code Enforcement Manager (MM) 02750 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Corporate Yard Facilities / Fleet
Services Manager (MM) 04780 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Council Services Manager (Excepted)
(MM) 00400 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Deputy City Attorney (Excepted)
(MM) 01610 8,418 8,630 8,851 9,068 9,293 9,526 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 Deputy City Engineer (MM) 00315 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 Deputy Parks, Recreation, and
Community Services Director
(Recreation) (MM)
01945 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 City Council 24 – 18 7/16/2024

EXHIBIT A

SANTA ANA MANAGEMENT ASSOCIATION (SAMA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 17 of 30 ends

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Deputy Parks, Recreation, and
Community Services Director (Zoo)
(MM)
05480 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Deputy Public Works Director / City
Engineer (MM) 00320 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 Deputy Public Works Director /
Maintenance Services Manager (MM) 04430 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 Deputy Public Works Director / Parks,
Fleet, and Facilities Manager (MM) 02251 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Deputy Public Works Director / Water
Resources Manager (MM) 04410 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 Economic Development Manager
(MM) 02690 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Facilities and Fleet Maintenance
Manager (MM) 04376 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Facilities Maintenance Superintendent
(MM) 04375 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Homeless Services Division Manager
(MM) 03751 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Housing Division Manager (MM) 02460 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Information Technology Applications
Manager (MM) 02915 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Information Technology Infrastructure
Manager (MM) 00960 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Library Operations Manager (MM) 05195 9,526 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 Organizational Development and
Training Manager (MM) 00475 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Park and Landscape Design Manager
(MM) 05540 9,526 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 Park Services Superintendent (MM) 04104 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Planning Manager (MM) 02500 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 Principal Civil Engineer (MM) 02129 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 Principal Plan Check Engineer (MM) 00331 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Rent Stabilization Manager (MM) 02465 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 Risk Manager (MM) 01750 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 City Council 24 – 19 7/16/2024

EXHIBIT A

SANTA ANA MANAGEMENT ASSOCIATION (SAMA)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 18 of 30 ends

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Safety Administrator (MM) 05020 9,765 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 Senior Assistant City Attorney
(Excepted) (MM) 01630 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 17,658 18,102 18,554 Strategic Communications Manager
(Excepted) (MM) 02925 10,009 10,257 10,513 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 Transportation Manager (MM) 01080 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 16,402 16,811 17,231 Treasury and Customer Services
Manager (MM) 01170 10,780 11,046 11,320 11,607 11,899 12,195 12,499 12,814 13,133 13,461 13,798 14,143 14,495 14,856 15,229 15,610 15,999 City Council 24 – 20 7/16/2024

EXHIBIT A

SEASONAL PART-TIME (SEASONAL PT)

HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 19 of 30 ends

JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Administrative Intern 08000 - 18.15 19.06 - - -
Animal Control Officer 08995 - 23.96 25.16 26.42 27.75 29.13 Background Investigator (Part-Time) 09315 - 37.22 39.09 41.03 43.08 45.24 Budget Intern 09790 - 19.97 20.96 - - -
Claims Adjuster (Part-Time) 00125 40.22 42.25 44.34 46.56 48.89 51.33 Cold Case Investigator 09316 - 28.45 29.87 31.38 32.94 34.60 Correctional Services Officer 00360 - 20.01 21.01 22.06 23.19 24.32 Data Analyst (Part-Time) 00489 41.22 43.26 45.45 47.71 50.11 52.62 Engineering Intern 09130 - 19.97 20.96 - - -
Fingerprint Examiner 07605 - 29.88 31.39 32.94 34.59 36.32 Forensic Ballistics Technician 08500 - 24.56 25.80 27.09 28.45 29.87 Human Resources Administrative
Assistant (Part-Time) 08550 26.93 28.29 29.69 31.17 32.75 34.39 Human Resources Analyst (Part‐Time) 08570 40.22 42.25 44.34 46.56 48.89 51.33 Human Resources Clerical Aide 07071 - 16.50 17.33 18.19 19.10 20.06 Human Resources Communications
Specialist (Part‐Time) 08575 40.22 42.25 44.34 46.56 48.89 51.33 Human Resources Specialist (Part‐Time) 08580 26.93 28.29 29.69 31.17 32.75 34.39 Human Resources Technician (Part‐Time) 08581 32.91 34.54 36.31 38.11 40.02 42.02 Jail Transportation Officer 09345 - 25.80 27.09 28.45 29.87 31.38 Law Clerk 08610 - 16.50 17.33 18.19 19.10 20.06
Management Intern 08080 - 21.96 23.06 - - -
Organizational Development and Training
Analyst (Part-Time) 08560 40.22 42.25 44.34 46.56 48.89 51.33 Personnel Board Secretary (Part-Time) 08851 29.00 30.45 31.97 33.57 35.25 37.01 Police Cadet 08130 - 16.50 17.33 18.19 19.10 20.06
Police Investigative Specialist (Part-Time) 00795 - 37.22 39.09 41.03 43.08 45.24 Police Officer (Part-Time) 03210 - 48.92 51.36 53.94 56.64 59.46 Police Reserve Level 1 08135 - 29.16 - - - -
Police Reserve Level 2 08136 - 20.83 - - - -
Police Reserve Level 3 08137 - 16.66 - - - -
Police Services Dispatcher (Part-Time) 03690 - 38.14 40.05 42.05 44.15 46.36 Risk Management Analyst (Part‐Time) 09969 40.22 42.25 44.34 46.56 48.89 51.33 Risk Management Specialist (Part‐Time) 09972 26.93 28.29 29.69 31.17 32.75 34.39 Risk Management Technician (Part‐Time) 09971 32.91 34.54 36.31 38.11 40.02 42.02 Senior Administrative Intern 08100 - 19.97 20.96 - - -
Senior Human Resources Communications
Specialist (Part-Time) 08582 - 53.64 56.33 59.14 62.10 65.22 City Council 24 – 21 7/16/2024

EXHIBIT A

SEASONAL PART-TIME (SEASONAL PT)

HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 20 of 30 ends

JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Senior Organizational Development and
Training Analyst (Part-Time) 08565 - 53.64 56.33 59.14 62.10 65.22 Student Intern 08600 - 16.50 17.33 - - -
City Council 24 – 22 7/16/2024

EXHIBIT A

SEASONAL PART-TIME (SEASONAL PT)

HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 21 of 30 ends

JOB TITLE JOB
CODE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 Finance Project Manager
(Part-Time) 00491 61.28 62.82 64.38 65.99 67.66 69.33 71.07 72.85 74.67 76.53 78.43 80.40 82.41 84.47 86.60 88.75 90.98 City Council 24 – 23 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 22 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Accountant I 01140 6,053 6,357 6,674 7,008 7,359 7,726 8,112 Accountant II 01150 6,974 7,323 7,688 8,072 8,476 8,900 9,345 Accounting Assistant 07010 4,718 4,955 5,205 5,465 5,737 6,023 6,326 Accounting Assistant / Systems Technician 07015 4,718 4,955 5,205 5,465 5,737 6,023 6,326 Accounts Payable Supervisor 07009 8,032 8,436 8,857 9,301 9,765 10,262 10,775 Accounts Payable Technician 01345 4,718 4,955 5,205 5,465 5,737 6,023 6,326 Active Transportation Coordinator 01295 7,540 7,918 8,314 8,730 9,167 9,625 10,109 Arts and Culture Specialist 02845 6,053 6,357 6,674 7,008 7,359 7,726 8,112 Assistant Buyer 00270 5,230 5,491 5,765 6,053 6,357 6,674 7,008 Assistant Community Planner 07611 6,326 6,641 6,974 7,323 7,688 8,072 8,476 Assistant Engineer 01601 6,641 6,974 7,323 7,688 8,072 8,476 8,900 Assistant Fleet Services Technician 00530 4,626 4,857 5,103 5,359 5,627 5,908 6,203 Assistant Instrument Technician 04125 5,412 5,683 5,966 6,264 6,578 6,906 7,251 Assistant Librarian 05180 4,931 5,179 5,438 5,709 5,995 6,295 6,610 Assistant Park and Landscape Planner 00280 6,357 6,674 7,008 7,359 7,726 8,112 8,518 Assistant Plan Check Engineer 01410 9,033 9,485 9,960 10,458 10,981 11,530 12,106 Assistant Planner I 00040 6,326 6,641 6,974 7,323 7,688 8,072 8,476 Assistant Planner II 02440 6,974 7,323 7,688 8,072 8,476 8,900 9,345 Assistant Traffic Operations Engineer 02155 9,078 9,533 10,009 10,509 11,034 11,588 12,166 Associate Community Planner 02455 8,072 8,476 8,900 9,345 9,814 10,313 10,828 Associate Engineer 02100 9,033 9,485 9,960 10,458 10,981 11,530 12,106 Associate Park and Landscape Planner 01040 8,112 8,518 8,945 9,393 9,862 10,365 10,883 Associate Plan Check Engineer 02280 9,719 10,211 10,720 11,257 11,820 12,412 13,033 Associate Planner 02450 8,072 8,476 8,900 9,345 9,814 10,313 10,828 Bibliographic Technician 05150 4,696 4,931 5,179 5,438 5,709 5,995 6,295 Building Inspector 02230 6,610 6,940 7,287 7,650 8,032 8,436 8,857 Building Inspector Supervisor 06431 8,032 8,436 8,857 9,301 9,765 10,262 10,775 Building Maintenance Aide 04315 4,237 4,450 4,672 4,906 5,154 5,412 5,683 Building Maintenance Supervisor 04310 6,641 6,974 7,323 7,688 8,072 8,476 8,900 Building Maintenance Technician 04140 5,154 5,412 5,683 5,966 6,264 6,578 6,906 Business Tax Collector / Inspector 01240 5,307 5,572 5,850 6,143 6,450 6,773 7,110 Buyer 01350 6,450 6,773 7,110 7,468 7,841 8,234 8,645
Central Services Supervisor 07030 5,332 5,599 5,879 6,173 6,482 6,805 7,145 Civil Engineer 02132 9,719 10,211 10,720 11,257 11,820 12,412 13,033 Code Enforcement Associate 02780 5,154 5,412 5,683 5,966 6,264 6,578 6,906 Code Enforcement Officer 02740 6,388 6,707 7,042 7,395 7,765 8,153 8,560 City Council 24 – 24 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 23 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Code Enforcement Supervisor 00070 7,180 7,540 7,918 8,314 8,730 9,167 9,625 Community Development Analyst 07585 6,805 7,145 7,504 7,880 8,274 8,688 9,123 Community Development Commission
Secretary 07321 4,648 4,881 5,128 5,385 5,655 5,937 6,234 Community Liaison 05000 7,008 7,359 7,726 8,112 8,518 8,945 9,393 Community Planning Assistant 00055 5,737 6,023 6,326 6,641 6,974 7,323 7,688 Construction Inspector 02240 6,326 6,641 6,974 7,323 7,688 8,072 8,476 Corporate Yard Maintenance Attendant 04070 3,900 4,096 4,301 4,517 4,742 4,980 5,230 Correctional Records Specialist 07630 4,096 4,301 4,517 4,742 4,980 5,230 5,491 Correctional Records Supervisor 07629 5,683 5,966 6,264 6,578 6,906 7,251 7,613 Custodial Aide / Porter 04005 3,238 3,400 3,570 3,748 3,936 4,133 4,340 Custodian 04000 3,748 3,936 4,133 4,340 4,558 4,785 5,029 Custodian Supervisor 04090 4,931 5,179 5,438 5,709 5,995 6,295 6,610 Customer Service Representative 01220 4,906 5,154 5,412 5,683 5,966 6,264 6,578 Data Entry Office Assistant 04200 4,237 4,450 4,672 4,906 5,154 5,412 5,683 Deputy City Clerk 07050 5,205 5,465 5,737 6,023 6,326 6,641 6,974 Economic Development Specialist I 00560 7,008 7,359 7,726 8,112 8,518 8,945 9,393 Economic Development Specialist II 00550 8,072 8,476 8,900 9,345 9,814 10,313 10,828 Economic Development Specialist III 00350 9,345 9,814 10,313 10,828 11,370 11,940 12,535 Engineering Aide 02030 5,054 5,307 5,572 5,850 6,143 6,450 6,773 Engineering Technician 02035 5,307 5,572 5,850 6,143 6,450 6,773 7,110 Equipment Operator 00440 5,205 5,465 5,737 6,023 6,326 6,641 6,974 Equipment Operator - Water Services 04215 5,307 5,572 5,850 6,143 6,450 6,773 7,110 Facilities Supervisor 04370 6,641 6,974 7,323 7,688 8,072 8,476 8,900 Fleet Parts Specialist 00500 5,599 5,879 6,173 6,482 6,805 7,145 7,504 Fleet Services Supervisor 04770 7,110 7,468 7,841 8,234 8,645 9,078 9,533 Fleet Services Technician I 04720 5,332 5,599 5,879 6,173 6,482 6,805 7,145 Fleet Services Technician II 04730 5,879 6,173 6,482 6,805 7,145 7,504 7,880 Fleet Services Technician III 00450 6,326 6,641 6,974 7,323 7,688 8,072 8,476 General Maintenance Assistant 00740 3,767 3,955 4,153 4,361 4,580 4,809 5,054 General Maintenance Leader 04190 5,709 5,995 6,295 6,610 6,940 7,287 7,650 General Maintenance Supervisor 01010 6,641 6,974 7,323 7,688 8,072 8,476 8,900 General Maintenance Worker 04180 5,154 5,412 5,683 5,966 6,264 6,578 6,906 GIS Administrator 02190 7,880 8,274 8,688 9,123 9,579 10,059 10,562 GIS Systems Analyst / Programmer 02192 7,215 7,576 7,956 8,354 8,773 9,211 9,673 GIS Technician 02193 5,599 5,879 6,173 6,482 6,805 7,145 7,504 City Council 24 – 25 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 24 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Graphics Designer I 01500 5,230 5,491 5,765 6,053 6,357 6,674 7,008 Graphics Designer II 02400 5,765 6,053 6,357 6,674 7,008 7,359 7,726 Housing Authority Analyst 01885 6,906 7,251 7,613 7,994 8,395 8,815 9,257 Housing Authority Coordinator 07640 9,393 9,862 10,365 10,883 11,427 11,998 12,598 Housing Authority Operations Supervisor 02720 7,650 8,032 8,436 8,857 9,301 9,765 10,262 Housing Programs Aide 07580 4,494 4,718 4,955 5,205 5,465 5,737 6,023 Housing Programs Analyst 01840 7,650 8,032 8,436 8,857 9,301 9,765 10,262 Housing Programs Coordinator 00520 9,393 9,862 10,365 10,883 11,427 11,998 12,598 Housing Specialist I 01890 4,785 5,029 5,281 5,544 5,823 6,113 6,419 Housing Specialist II 01900 5,307 5,572 5,850 6,143 6,450 6,773 7,110 Information Services Representative 02670 5,054 5,307 5,572 5,850 6,143 6,450 6,773 Information Technology Support Supervisor 06470 8,274 8,688 9,123 9,579 10,059 10,562 11,090 Information Technology Support
Technician I 00021 5,079 5,332 5,599 5,879 6,173 6,482 6,805 Information Technology Support
Technician II 00020 5,599 5,879 6,173 6,482 6,805 7,145 7,504 Instrument Technician 04130 5,908 6,203 6,514 6,838 7,180 7,540 7,918 Lead Accounting Assistant 07090 5,572 5,850 6,143 6,450 6,773 7,110 7,468 Lead Correctional Records Specialist 07628 5,029 5,281 5,544 5,823 6,113 6,419 6,740 Lead Police Records Specialist 07110 5,029 5,281 5,544 5,823 6,113 6,419 6,740 Librarian 05110 5,995 6,295 6,610 6,940 7,287 7,650 8,032 Library Services Assistant 05050 3,714 3,900 4,096 4,301 4,517 4,742 4,980 Library Technician 05076 4,471 4,696 4,931 5,179 5,438 5,709 5,995 Loan Specialist 07000 6,053 6,357 6,674 7,008 7,359 7,726 8,112 Mail Clerk / Messenger 07170 3,387 3,557 3,734 3,920 4,116 4,322 4,538 Maintenance Worker I 04050 4,153 4,361 4,580 4,809 5,054 5,307 5,572 Maintenance Worker II 04060 4,696 4,931 5,179 5,438 5,709 5,995 6,295 Meter Reader Collector 01210 4,696 4,931 5,179 5,438 5,709 5,995 6,295 Network Engineer 06450 9,123 9,579 10,059 10,562 11,090 11,644 12,227 Network Specialist / WAN Systems
Administrator 06460 7,504 7,880 8,274 8,688 9,123 9,579 10,059 NPDES Manager 06440 8,518 8,945 9,393 9,862 10,365 10,883 11,427 Office Assistant 07180 3,748 3,936 4,133 4,340 4,558 4,785 5,029 Office Specialist 07190 3,320 3,486 3,659 3,843 4,035 4,237 4,450 Park Ranger 03610 5,709 5,995 6,295 6,610 6,940 7,287 7,650 Park Services Inspection Supervisor 04320 6,674 7,008 7,359 7,726 8,112 8,518 8,945 Park Services Inspector I 04105 4,258 4,471 4,696 4,931 5,179 5,438 5,709 City Council 24 – 26 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 25 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Park Services Inspector II 04106 5,281 5,544 5,823 6,113 6,419 6,740 7,076 Parking Meter Operations Supervisor 02890 5,655 5,937 6,234 6,546 6,872 7,215 7,576 Parking Meter Technician I 07160 4,322 4,538 4,767 5,006 5,256 5,518 5,794 Parking Meter Technician II 00080 5,006 5,256 5,518 5,794 6,083 6,388 6,707 Permit Services Processor 07200 4,672 4,906 5,154 5,412 5,683 5,966 6,264 Permit Services Supervisor 02590 7,180 7,540 7,918 8,314 8,730 9,167 9,625 Permit Services Technician 02580 6,023 6,326 6,641 6,974 7,323 7,688 8,072 Planning Assistant 00050 5,737 6,023 6,326 6,641 6,974 7,323 7,688 Planning Commission Secretary 07320 5,230 5,491 5,765 6,053 6,357 6,674 7,008 Planning Technician 00641 4,955 5,205 5,465 5,737 6,023 6,326 6,641 Plans Examiner 02271 8,153 8,560 8,989 9,439 9,911 10,417 10,937 Police Fiscal Services Supervisor 06295 6,546 6,872 7,215 7,576 7,956 8,354 8,773 Police Records Specialist 07220 4,096 4,301 4,517 4,742 4,980 5,230 5,491 Police Records Supervisor 07230 5,683 5,966 6,264 6,578 6,906 7,251 7,613 Police Systems Support Analyst 06475 8,518 8,945 9,393 9,862 10,365 10,883 11,427 Principal Librarian 05115 6,707 7,042 7,395 7,765 8,153 8,560 8,989 Principal Programmer Analyst 02630 9,123 9,579 10,059 10,562 11,090 11,644 12,227 Programmer Analyst 01460 7,504 7,880 8,274 8,688 9,123 9,579 10,059 Property Control Specialist 07250 4,696 4,931 5,179 5,438 5,709 5,995 6,295 Public Works Contracts Administrator 01850 6,514 6,838 7,180 7,540 7,918 8,314 8,730 Public Works Crew Leader 04040 5,709 5,995 6,295 6,610 6,940 7,287 7,650 Public Works Dispatcher 04519 4,384 4,603 4,834 5,079 5,332 5,599 5,879 Public Works Projects Manager 06140 8,476 8,900 9,345 9,814 10,313 10,828 11,370 Public Works Projects Specialist 04340 7,042 7,395 7,765 8,153 8,560 8,989 9,439 Public Works Safety Assistant 05031 4,450 4,672 4,906 5,154 5,412 5,683 5,966 Public Works Safety Coordinator 05030 6,906 7,251 7,613 7,994 8,395 8,815 9,257 Purchasing Supervisor 01340 8,032 8,436 8,857 9,301 9,765 10,262 10,775 Receptionist 00060 4,015 4,216 4,427 4,648 4,881 5,128 5,385 Records Specialist 07430 4,580 4,809 5,054 5,307 5,572 5,850 6,143 Recreation and Community Services
Supervisor 01940 7,688 8,072 8,476 8,900 9,345 9,814 10,313 Recreation Program Coordinator 05330 5,179 5,438 5,709 5,995 6,295 6,610 6,940 Recreation Specialist 05310 3,503 3,678 3,861 4,055 4,258 4,471 4,696 Reprographic Equipment Operator 07260 3,900 4,096 4,301 4,517 4,742 4,980 5,230 Residential Construction Specialist 02710 6,326 6,641 6,974 7,323 7,688 8,072 8,476 Revenue Supervisor 01090 6,203 6,514 6,838 7,180 7,540 7,918 8,314 City Council 24 – 27 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 26 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Right-of-Way Coordinator 00118 4,471 4,696 4,931 5,179 5,438 5,709 5,995 Sanitation Inspector I 02200 4,955 5,205 5,465 5,737 6,023 6,326 6,641 Sanitation Inspector II 02210 6,053 6,357 6,674 7,008 7,359 7,726 8,112 Secretary 07270 4,672 4,906 5,154 5,412 5,683 5,966 6,264 Security Electronics Technician 01055 6,773 7,110 7,468 7,841 8,234 8,645 9,078 Senior Accountant 07490 7,613 7,994 8,395 8,815 9,257 9,719 10,211 Senior Accounting Assistant 07280 5,079 5,332 5,599 5,879 6,173 6,482 6,805 Senior Accounting Assistant / Systems
Technician 07016 5,079 5,332 5,599 5,879 6,173 6,482 6,805 Senior Building Inspector 06430 7,287 7,650 8,032 8,436 8,857 9,301 9,765 Senior Buyer 00275 7,042 7,395 7,765 8,153 8,560 8,989 9,439 Senior Civil Engineer 02131 10,883 11,427 11,998 12,598 13,228 13,891 14,585 Senior Community Development Analyst 07584 7,841 8,234 8,645 9,078 9,533 10,009 10,509 Senior Community Planner 07610 8,900 9,345 9,814 10,313 10,828 11,370 11,940 Senior Construction Inspector 02239 7,180 7,540 7,918 8,314 8,730 9,167 9,625 Senior Correctional Records Specialist 07650 4,672 4,906 5,154 5,412 5,683 5,966 6,264 Senior Deputy City Clerk 07290 6,113 6,419 6,740 7,076 7,431 7,803 8,194 Senior Engineer (T) 02111 10,883 11,427 11,998 12,598 13,228 13,891 14,585 Senior Fleet Services Supervisor 00840 7,841 8,234 8,645 9,078 9,533 10,009 10,509 Senior Housing Specialist 01860 6,546 6,872 7,215 7,576 7,956 8,354 8,773 Senior Librarian 05109 6,173 6,482 6,805 7,145 7,504 7,880 8,274 Senior Library Technician 05075 4,931 5,179 5,438 5,709 5,995 6,295 6,610 Senior Office Assistant 07330 4,237 4,450 4,672 4,906 5,154 5,412 5,683 Senior Office Specialist 07360 3,748 3,936 4,133 4,340 4,558 4,785 5,029 Senior Park Services Inspection Supervisor 06330 7,841 8,234 8,645 9,078 9,533 10,009 10,509 Senior Permit Services Technician 02581 6,450 6,773 7,110 7,468 7,841 8,234 8,645 Senior Plan Check Engineer 00330 10,883 11,427 11,998 12,598 13,228 13,891 14,585 Senior Planner 02470 9,167 9,625 10,109 10,614 11,146 11,703 12,288 Senior Police Records Specialist 07370 4,672 4,906 5,154 5,412 5,683 5,966 6,264 Senior Programmer Analyst 01470 8,274 8,688 9,123 9,579 10,059 10,562 11,090 Senior Residential Construction Specialist 02700 6,974 7,323 7,688 8,072 8,476 8,900 9,345 Senior Systems Administrator 00990 7,251 7,613 7,994 8,395 8,815 9,257 9,719 Senior Transportation Analyst 01290 10,883 11,427 11,998 12,598 13,228 13,891 14,585 Senior Water Services Supervisor 07776 7,880 8,274 8,688 9,123 9,579 10,059 10,562 Senior Water Systems Operator 06240 6,514 6,838 7,180 7,540 7,918 8,314 8,730 Site Director 05316 5,438 5,709 5,995 6,295 6,610 6,940 7,287 City Council 24 – 28 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 27 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Site Teacher 05317 4,696 4,931 5,179 5,438 5,709 5,995 6,295 Solid Waste Enforcement Officer 02741 6,388 6,707 7,042 7,395 7,765 8,153 8,560 Stock Clerk 01310 4,580 4,809 5,054 5,307 5,572 5,850 6,143 Storekeeper 01320 5,438 5,709 5,995 6,295 6,610 6,940 7,287 Stores and City Yard Property Specialist 01315 5,438 5,709 5,995 6,295 6,610 6,940 7,287 Stormwater Coordinator 00115 7,359 7,726 8,112 8,518 8,945 9,393 9,862 Street Lighting Maintenance Worker 04280 5,599 5,879 6,173 6,482 6,805 7,145 7,504 Street Maintenance Supervisor 04360 6,674 7,008 7,359 7,726 8,112 8,518 8,945 Street Painter 04160 5,029 5,281 5,544 5,823 6,113 6,419 6,740 Supervising Accountant 07500 8,476 8,900 9,345 9,814 10,313 10,828 11,370 Supervising Library Services Assistant 05055 4,340 4,558 4,785 5,029 5,281 5,544 5,823 Supervising Park Ranger 07470 6,450 6,773 7,110 7,468 7,841 8,234 8,645 Systems Administrator 00120 6,203 6,514 6,838 7,180 7,540 7,918 8,314 Systems Technician 01060 4,626 4,857 5,103 5,359 5,627 5,908 6,203 Tax Compliance Officer 01245 5,683 5,966 6,264 6,578 6,906 7,251 7,613 Teacher’s Aide 05318 3,678 3,861 4,055 4,258 4,471 4,696 4,931 Telecommunications Coordinator 00710 7,576 7,956 8,354 8,773 9,211 9,673 10,160 Telecommunications Customer Service
Representative 07140 4,931 5,179 5,438 5,709 5,995 6,295 6,610 Transportation Driver 01081 4,301 4,517 4,742 4,980 5,230 5,491 5,765 Treasury Services Specialist 01165 5,465 5,737 6,023 6,326 6,641 6,974 7,323 Treasury Services Supervisor 07020 6,143 6,450 6,773 7,110 7,468 7,841 8,234 Tree Maintenance Supervisor 04330 6,674 7,008 7,359 7,726 8,112 8,518 8,945 Tree Trimmer 04170 5,029 5,281 5,544 5,823 6,113 6,419 6,740 Utilities Billing / Systems Technician 01215 4,906 5,154 5,412 5,683 5,966 6,264 6,578 Utilities Customer Service Supervisor 01219 6,203 6,514 6,838 7,180 7,540 7,918 8,314 Video Technician 06320 6,234 6,546 6,872 7,215 7,576 7,956 8,354 Water Conservation Specialist 07740 6,173 6,482 6,805 7,145 7,504 7,880 8,274 Water Services Crew Leader 07750 5,879 6,173 6,482 6,805 7,145 7,504 7,880 Water Services Meter Repairer I 07755 4,809 5,054 5,307 5,572 5,850 6,143 6,450 Water Services Meter Repairer II 07756 5,281 5,544 5,823 6,113 6,419 6,740 7,076 Water Services Production Supervisor 07795 6,805 7,145 7,504 7,880 8,274 8,688 9,123 Water Services Quality Coordinator 07760 7,540 7,918 8,314 8,730 9,167 9,625 10,109 Water Services Quality Inspector 07765 6,173 6,482 6,805 7,145 7,504 7,880 8,274 Water Services Quality Supervisor 07770 6,940 7,287 7,650 8,032 8,436 8,857 9,301 Water Services Supervisor 07775 6,940 7,287 7,650 8,032 8,436 8,857 9,301 City Council 24 – 29 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION FULL-TIME (SEIU FT)

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 28 of 30 ends

JOB TITLE JOB
CODE
STEP
AAA
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Water Services Utility Inspector 07780 6,173 6,482 6,805 7,145 7,504 7,880 8,274 Water Services Worker I 07785 4,258 4,471 4,696 4,931 5,179 5,438 5,709 Water Services Worker II 07790 4,809 5,054 5,307 5,572 5,850 6,143 6,450 Water Systems Electrician 04540 6,514 6,838 7,180 7,540 7,918 8,314 8,730 Water Systems Operator I 00880 4,881 5,128 5,385 5,655 5,937 6,234 6,546 Water Systems Operator II 00920 5,385 5,655 5,937 6,234 6,546 6,872 7,215 Water Systems Operator III 04530 5,765 6,053 6,357 6,674 7,008 7,359 7,726 Web Systems Technician 01006 4,626 4,857 5,103 5,359 5,627 5,908 6,203 Website Entry Specialist 01005 4,055 4,258 4,471 4,696 4,931 5,179 5,438 Work Center Coordinator 02390 9,345 9,814 10,313 10,828 11,370 11,940 12,535 Workforce Specialist I 08371 4,626 4,857 5,103 5,359 5,627 5,908 6,203 Workforce Specialist II 08372 5,205 5,465 5,737 6,023 6,326 6,641 6,974 Workforce Specialist III 08373 5,737 6,023 6,326 6,641 6,974 7,323 7,688 Workforce Specialist IV 08374 7,504 7,880 8,274 8,688 9,123 9,579 10,059 Youth Services Technician 05313 4,471 4,696 4,931 5,179 5,438 5,709 5,995 Zoo Curator 05430 6,053 6,357 6,674 7,008 7,359 7,726 8,112 Zoo Curator of Education 05450 6,173 6,482 6,805 7,145 7,504 7,880 8,274 Zoo Curator of Health 05451 5,966 6,264 6,578 6,906 7,251 7,613 7,994 Zoo Education Specialist 00930 4,857 5,103 5,359 5,627 5,908 6,203 6,514 Zoo Keeper I 05420 4,096 4,301 4,517 4,742 4,980 5,230 5,491 Zoo Keeper II 05410 4,742 4,980 5,230 5,491 5,765 6,053 6,357 Zoo Operations Coordinator 05485 5,332 5,599 5,879 6,173 6,482 6,805 7,145 The (T) designates a terminal classification. A position classification that has been designated as terminal by formal City Council action will be deleted from the City’s Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a classification that has been so assigned.

City Council 24 – 30 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION PART-TIME (SEIU PT)

HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 29 of 30 ends

JOB TITLE JOB

CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 21.50 22.54 23.67 24.86 26.09
Account Clerk II 09042 23.78 24.96 26.24 27.52 28.90
Administrative Aide 09770 27.26 28.62 30.04 31.55 33.13 Animal Keeper 09000 17.13 17.99 18.89 19.83 20.82
Building Maintenance Assistant 09215 23.43 24.59 25.82 27.14 28.46 Cashier 09040 16.65 17.48 18.35 19.27 20.23
Clerical Aide 09060 16.98 17.84 18.69 19.62 20.60
Combination Inspector 09800 33.30 34.93 36.72 38.54 40.49 Community Center Aide (Part-Time) 09100 22.26 23.37 24.54 25.77 27.06 Computer Technician 09690 21.66 22.74 23.89 25.10 26.37 Customer Service Clerk 09780 22.32 23.43 24.60 25.83 27.14 Data Entry Clerk 09120 18.51 19.45 20.45 21.45 22.53
Engineering Apprentice 09471 22.90 24.05 25.25 26.51 27.84 Equipment Service Attendant 09140 20.84 21.85 22.98 24.09 25.33 General Maintenance Assistant (Part-Time) 09300 18.09 19.01 19.97 20.97 22.03 Information Desk Clerk 09755 18.69 19.62 20.60 21.63 22.71 Janitor 09170 17.07 17.92 18.82 19.76 20.77
Library Associate 09271 20.91 21.96 23.05 24.21 25.43
Library Clerk I 09200 17.42 18.27 19.19 20.18 21.16
Library Clerk II 09210 19.30 20.25 21.24 22.32 23.43
Lifeguard (Part-Time) 05311 18.99 19.96 20.97 22.02 23.13 Maintenance Attendant (Part-Time) (T) 09230 16.54 17.37 17.94 18.84 19.78 Mobile Library Clerk 09280 21.22 22.32 23.40 24.59 25.82 Municipal Utility Reader / Collector 09775 21.36 22.43 23.53 24.72 25.96

Page 09290 ends

Park Ranger (Part-Time) 03615 30.03 31.54 33.11 34.79 36.54 Parking Meter Technician I (Part-Time) 07161 27.50 28.88 30.32 31.84 33.43 Permit Parking Aide 09505 23.05 24.20 25.43 26.68 28.01 Permit Services Technician (Part-Time) 02579 38.31 40.24 42.25 44.35 46.57 Planning Technician (Part-Time) 09135 27.38 28.74 30.19 31.70 33.30 Police Records Clerk 09330 20.24 21.22 22.32 23.40 24.59 Police Supply Clerk 09340 20.30 21.32 22.39 23.51 24.69 Pool Manager (Part-Time) 05315 23.37 24.54 25.77 27.06 28.41 Program Leader I (Part-Time) 09360 16.61 17.44 18.31 19.23 20.19 Program Leader II (Part-Time) 09395 18.09 19.01 19.97 20.97 22.03 Purchasing Clerk 09720 21.41 22.48 23.63 24.79 26.02
City Council 24 – 31 7/16/2024

EXHIBIT A

SERVICE EMPLOYEES INTERNATIONAL UNION PART-TIME (SEIU PT)

HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
REVISED JULY 16, 2024
Resolution 2024-XXX

Page 30 of 30 ends

JOB TITLE JOB

CODE STEP A STEP B STEP C STEP D STEP E
Right-of-Way Technician 09900 17.22 18.09 19.03 19.96 20.93 Senior Clerical Aide 09070 18.69 19.62 20.60 21.63 22.71 Senior Library Associate 09270 22.20 23.30 24.44 25.69 26.96 Senior Lifeguard (Part-Time) 05314 21.20 22.26 23.37 24.54 25.77 Senior Maintenance Aide 09250 16.67 17.49 18.36 19.30 20.27 Senior Maintenance Worker 09260 20.27 21.28 22.34 23.46 24.63 Senior Office Assistant (Part-Time) 09090 22.27 23.38 24.55 25.78 27.07 Senior Program Leader (Part-Time) 08160 20.19 21.20 22.26 23.37 24.54 Senior Special Employment Counselor 08370 17.22 18.09 19.03 19.96 20.93 Stores Aide 09460 19.88 20.88 21.89 23.01 24.13
Substitute Teacher (Part-Time) 05319 29.88 31.37 32.94 34.59 36.32 Tutor 08420 17.22 18.08 18.98 19.93 20.93
Water Conservation Representative 09960 17.59 18.46 19.37 20.34 21.40 The (T) designates a terminal classification. A position classification that has been designated as terminal by formal City Council action will be deleted from the City’s Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a classification that has been so assigned.

City Council 24 – 32 7/16/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Summary Vacation and Exempt Surplus Property

AGENDA TITLE
Adopt Resolution to Summarily Vacate a Portion of Bristol Street - Abandonment 23-02 and Adopt Resolution Declaring Property as Exempt Surplus

RECOMMENDED ACTION

1. Adopt a resolution to summarily vacate excess Bristol Street right-of-way formerly portions of 1601 and 1607 North Bristol Street; Abandonment 23-02.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY ADJACENT TO 1601 AND 1607 NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02) [includes determination that the vacation of the Vacation Area is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.]

2. Adopt a resolution declaring City-owned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607

NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION [includes determination that the sale of the property as surplus is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales).]
GOVERNMENT CODE §84308 APPLIES: Yes
City Council 25 – 1 7/16/2024
Summary Vacation and Exempt Surplus Property
July 16, 2024

Page 2 ends

DISCUSSION
The Public Works Agency oversees all street vacation and abandonments throughout City boundaries. Bristol Center Properties, LLC has applied to vacate a 392 square-foot portion of Bristol Street right-of-way with the intention of purchasing the land from the City and incorporating it into a restaurant development site. The conveyance requires a series of actions beginning with the two recommended actions.

Background
During the course of the Bristol Street Improvement Project, the Public Works Agency acquired properties along the Bristol Street corridor. The City purchased properties at 1601 North Bristol Street (APN 405-252-21) and 1607 North Bristol (APN 405-252-22) to accommodate the Bristol Street Improvements from Washington Street to 17th Street using Orange County Transportation Authority (OCTA) funding appropriated for this project. A portion of this property (Exhibit 1) remains unused and unneeded following project construction, and can be made available for purposes of exchange or sale.

On November 12, 2019, the City designated portions of 1601 and 1607 North Bristol Street as public street right of way (Exhibit 2) through the recordation of a grant deed.

On December 21, 2021, the City Council approved the sale of remnants of 1601 and 1607 North Bristol Street (Exhibit 2) to Southwest Properties Group. The sale from the City to Southwest Properties Group and a subsequent property transfer to Bristol Center Properties, LLC were recorded on May 19, 2022. The disposition of the Remnant Portion was conducted in accordance with the California Surplus Lands Act (SLA), Government Code (GC) §54220 et seq.

In 2023, Bristol Center Properties, LLC. submitted applications to the City to develop the Remnant Portion with a drive-through coffee restaurant. Subsequently, during the Site Plan review process for the development project, staff determined that a 392 squarefoot portion (Exhibit 2) of Bristol Street right of way, is situated outside the limits of the street improvements (Exhibit 3). Staff determined that the right of way could potentially be vacated and incorporated into the private property site to facilitate a more efficient development.

Street Vacation
A title report supplied by the applicant identified the City of Santa Ana as fee owner of the Vacation Portion. Because the subject portion of property is designated as street right of way owned in fee by the City of Santa Ana, it must be vacated in order to be later conveyed to Bristol Center Properties, LLC.

On April 8, 2024, the City of Santa Ana Planning Commission adopted a Resolution 2024-06 (Exhibit 4) finding that Abandonment 23-02 is in conformance with the City of Santa Ana 2022-2045 General Plan. At this segment, the improved width of Bristol Street City Council 25 – 2 7/16/2024
Summary Vacation and Exempt Surplus Property
July 16, 2024

Page 3 ends

varies from 128 feet to 140 feet, which is consistent with the General Plan Mobility Element.

This abandonment is being processed as a summary vacation because the area has never been, nor is it planned to be, improved for public street purposes. City staff recommends the action because the excess area offers no present or prospective use to the City. There are no visible utilities in the area, however an easement for any potential existing utilities will be reserved in the resolution of vacation.

Exempt Surplus Land
The subject 392 square-foot property identified as the Vacation Portion will be disposed of in accordance with the SLA, as amended this year. The property meets the SLA definition of “exempt surplus land” under size and proximity allowances of GC 54221(f)(1)(B), and under former street right of way allowances of GC 54221 (f)(1)(E). staff is requesting City Council to adopt a resolution declaring the property as exempt surplus land (Exhibit 5).

After adoption of the resolution, staff will continue to comply with requirements of the SLA, including providing the California Department of Housing and Community Development with a copy of the resolution at least 30 days prior to the disposition of the property. After completion of the prescribed time period, the City may negotiate with the applicant for the sale of the property. The vacated parcel will be merged with the larger adjacent parcel as a condition of the purchase and sale agreement which will be presented to City Council for approval at a future meeting.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed abandonment is exempt from further review per section 15305. Categorical Exemption will be filed for this abandonment.

FISCAL IMPACT
There is no fiscal impact associated with these actions. The staff report for any subsequent approval of a purchase and sale agreement will include a request for approval appropriation adjustment to recognize funds received.

EXHIBIT(S)

1. Location Map

2. Street Right of Way-Remnant-Vacation Area Map

3. Street Level View of Vacation Area

4. Planning Commission Resolution

5. Abandonment Resolution

6. Exempt Surplus Property Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 25 – 3 7/16/2024
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PORTIONS OF 1601 & 1607 N. BRISTOL
APN 405-252-21 & 22
ZONING

BRISTOL STREET

CORRIDOR SPECIFIC PLAN
APPROX.AREA
392 SF
(SUBSTANDARD)
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17TH STREET

BRISTOL STREET
City Council 25 – 4 7/16/2024
© 2012-2017 Digital Map Products. All rights reserved. 1 33 feet
EXHIBIT 2
EXHIBIT 2
City Council 25 – 5 7/16/2024
EXHIBIT 3
City Council 25 – 6 7/16/2024
RESOLUTION NO. 2024-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA ANA DETERMINING GENERAL PLAN

CONFORMITY FOR THE VACATION OF EXCESS BRISTOL
STREET ADJACENT TO 1601 AND 1607 NORTH BRISTOL
STREET
WHEREAS, California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and
WHEREAS, pursuant to California Government Code section 65042(a), street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan; and
WHEREAS, to accommodate widening and improvement of Bristol Street, the City acquired properties at 1601 North Bristol Street and 1607 North Bristol Street; and WHEREAS, on November 12, 2019, the City of Santa Ana Public Works Agency Director designated a portion 1601 and 1607 North Bristol Street as public street right of way; and
WHEREAS, a portion of the area designated as Bristol Street public right of way is situated outside the limits of the Bristol Street improvements, the City desires to vacate its interest in a 392 square-foot portion of Bristol Street adjacent to 1601 and 1607 North Bristol Street, as shown on Exhibit A ("Vacation Area"); and WHEREAS, the Vacation Area is the unimproved portion of Bristol Street right of way located immediately adjacent to property 1601 and 1607 North Bristol Street, which is owned by Bristol Center Properties LLC; and
WHEREAS, Bristol Center Properties, LLC submitted applications to the City to approve a Better Buzz drive through coffee restaurant; and WHEREAS, Bristol Center Properties, LLC has requested that the City vacate the unimproved portion of Bristol Street and to incorporate the property into the Better Buzz drive through coffee restaurant in order to provide a more efficient development; and WHEREAS, the Vacation Area is unnecessary for present or prospective public use, as determined by the City's Public Works Agency; and WHEREAS, by separate City Council action and following a finding of conformity with the City's General Plan by the Planning Commission, the City desires to vacate the Vacation Area.

Resolution No. 2024-06

Page 1 of 4 ends

EXHIBIT 4
EXHIBIT 4
City Council 25 – 7 7/16/2024
NOW THEREFORE, BE IS RESOLVED by the Planning Commission of the City of Santa Ana as follows:

Section 1. The Planning Commission hereby determines that the proposed vacation of the Vacation Area, as shown on Exhibit A, is in conformance with the City's 2022 General Plan. The decision is based upon the Request for Planning Commission Action dated April 8, 2024, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference.

The proposed vacation is in conformance with the Land Use Element of the City's 2022- 2045 General Plan Goal LU-2, Policy LU-2.6 (Encourage Investment). The proposed vacation will convert a currently undeveloped, unutilized and unattractive space, which has the potential to collect trash and must be maintained by the City, into a landscaped and privately maintained element of a new commercial site.

The proposed vacation is also in conformance with the Mobility Element of the City's 2022-2045 General Plan as follow:
• Goal M-1, Policy 1.9 (Regional Consistency). The proposed vacation of an unimproved section of roadway will remove excess right of way beyond current improvements, and leave intact a portion of Bristol Street that is fully improved with pavement, bike lanes and sidewalks, and which is consistent with the standards of Orange County Transportation Authority Master Plan of Arterial Highways • Goal M-4, Policy 4.2 (Project Review). The proposed vacation allows additional space for on-site circulation sufficient to reduce the number of curb-cut access points from two driveways to one driveway. The reduction in driveways limits the number of conflict points for pedestrians in the sidewalk and cyclists in the bike lane. The reduction in driveway curb-cuts also results in less removal of the protected bike lane raised median.

Section 2. The proposed vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061 (b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. The proposed vacation is also exempt from CEQA review under section 15305 of the State CEQA Guidelines.

Resolution No. 2024-06

Page 2 of 4 ends

City Council 25 – 8 7/16/2024
City Council 25 – 9 7/16/2024
4/8/2024
City Council 25 – 10 7/16/2024
Resolution No. 2023-XXX

Page 1 of 4 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA SUMMARILY VACATING A PORTION OF A
PUBLIC RIGHT-OF-WAY ADJACENT TO 1601 AND 1607
NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02)
WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, California Streets and Highways Code sections 8333 and 8334 authorizes the City Council to summarily vacate: (1) an excess right-of-way of a street or highway not required for street or highway purposes; (2) an easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and (3) an easement that has been determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65042(a); the City desires to vacate a 392 squarefoot portion of Bristol Street, as shown on Exhibit A (“Vacation Area”), and WHEREAS, the properties at 1601 and 1607 North Bristol Street were acquired for the purposes of widening and improving Bristol Street; and WHEREAS, the City designated portions of 1601 and 1607 North Bristol Street, including the Vacation Area, as public street right of way through recordation of a grant deed; and
WHEREAS, the Vacation Area is situated outside the limits of the Bristol Street improvements; and
WHEREAS; the Vacation Area constitutes an excess right-of-way not required for street purposes; and
WHEREAS, the Vacation Area has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this vacation; and
WHERAS, the Vacation Area has been determined to be excess by the City, and there are no other public facilities located within the Vacation Area; and WHEREAS, the Vacation Area could potentially be incorporated into the adjacent private property site to facilitate a more efficient development; and EXHIBIT 5
City Council 25 – 11 7/16/2024
Resolution No. 2023-XXX

Page 2 of 4 ends

WHEREAS, the City desires to vacate its interest in the Vacation Area; and WHEREAS; the Public Works Agency has conducted an analysis of the subject abandonment and has determined that there are no issues with summarily vacating the Vacation Area presently or in the future, as the Vacation Area (1) is an excess right-of-way of a street or highway not required for street or highway purposes; (2) has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this vacation; and (3) has been determined to be excess by the City, and there are no other public facilities located within the Vacation Area.

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

Section 1. The recitals set forth above are adopted as findings in support of this Resolution.

Section 2. The street right of way described in Exhibit A is hereby ordered vacated.

Section 3. From and after the date of recordation of this resolution, the right of way described in Exhibit A will no longer constitute a street easement.

Section 4. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code.

Section 5. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.

Section 6. All entities having any right, title, or interest in the street right of way being vacated have been notified of this action.

Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.

City Council 25 – 12 7/16/2024
Resolution No. 2023-XXX

Page 3 of 4 ends

Section 8. The City Clerk is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.

Section 9. The Vacation Area shall not be deemed vacated until this Resolution is recorded.

Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this 16th day of July, 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 25 – 13 7/16/2024
Resolution No. 2023-XXX

Page 4 of 4 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2024 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2024.

Date:

City Clerk
City of Santa Ana
City Council 25 – 14 7/16/2024
© 2012-2017 Digital Map Products. All rights reserved. 1 33 feet

EXHIBIT A
City Council 25 – 15 7/16/2024
Resolution No. 2024-XXX

Page 1 of 4 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607

NORTH BRISTOL AS EXEMPT SURPLUS LAND AND

DIRECTING THE CITY MANAGER TO FOLLOW THE

PROCEDURES SET FORTH IN THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE SECTION 54220, ET
SEQ., AS AMENDED, FOR THEIR DISPOSITION

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

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

A. The City of Santa Ana (the “City”) is the owner in fee simple of a real property asset which was acquired for Bristol Street improvement project now completed, as described on Exhibit A (referred to as the “Property”).

B. The Property is a remnant parcel from a full parcel acquisition that was made following the City’s environmental analysis that the project impacts could not be adequately mitigated if only a partial acquisition was made.

C. On November 12, 2019, the Property was a portion of a larger parcel which was designated as public street right of way through recordation of a grant deed.

D. The Property lies outside of the Bristol Street improvements.

E. On July 16, 2024, the City summarily vacated the public street right of way over the Property.

F. The Property remains vacant.

G. The City’s Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Property.

H. Proceeds from the sale of the Property will benefit the Bristol Corridor or other Right-of-Way projects, and the property tax generated may provide funding to enhance City services. Future development of the EXHIBIT 6
City Council 25 – 16 7/16/2024
Resolution No. 2024-XXX

Page 2 of 4 ends

Property would also eliminate blight and promote neighborhood liability and sustainability.

I. The Property has become surplus within the meaning of the California Surplus Land Act (“SLA”), Government Code section 54220 et seq., as amended, and is not necessary for the City’s use.

J. The Property is “exempt” under the SLA. Exempt Properties may be declared “exempt surplus land” and must be supported by written findings before a local agency may take any action to dispose of the Property consistent with statutory requirements, SLA guidelines, and/or a local agency’s policies or procedures.

K. The Property qualifies under Government Code section 54221(f)(1)(B).

Specifically, the exempt Property is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

L. The Property qualifies under Government Code section 54221(f)(1)(E).

Specifically, the exempt Property is Surplus land that is a former street, right of way, or easement, and will be conveyed to an owner of an adjacent property.

M. The exempt Property shall be sold to a contiguous land owner of the Property, otherwise the Property shall not be considered “exempt” under 54221(f)(1)(E).

N. None of the characteristics listed under Government Code section 54221, subdivision (f)(2) apply to the Property. Specifically, the Property is not within a Coastal Zone, nor is it Adjacent to a historical unit of the State Parks System, nor is it listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, nor is it Within the Lake Tahoe region as defined in Government Code section 66905.5, otherwise the City would be required to provide a written notice of availability for open-space purposes to entities described in Government Code section 54222, subdivision (b).

O. The City is determining that the Property identified in Exhibit A is, in fact, exempt surplus land under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land.

City Council 25 – 17 7/16/2024
Resolution No. 2024-XXX

Page 3 of 4 ends

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is therefore exempt surplus land, as the terms are defined in California Government Code section 54221, et seq., as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference.

Section 3. The City Council hereby authorizes the City Manager to send written notices of availability of the Property as described in California Government Code section 54222, to negotiate the terms of any proposed sale of the Property with the owner of the adjacent property, and to otherwise follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended, with respect to the disposition of the Property.

Section 4. Any proposed agreements for the sale of the Property shall be subject to the approval of the City Council.

Section 5. Sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Property by a subsequent buyer, then that development would be reviewed under CEQA.

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

ADOPTED this ______ day of ______________, 2024
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Jonathan T. Martinez
Assistant City Attorney
City Council 25 – 18 7/16/2024
Resolution No. 2024-XXX

Page 4 of 4 ends

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 _______________.

Date: ________________ ____________________________________ City Clerk
City Council 25 – 19 7/16/2024
EXHIBIT “A”

LEGAL DESCRIPTION

IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 3 AND 5, OF SURVEYOR’S MAP, PER MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER

OF SAID COUNTY, ALSO BEING A PORTION OF THAT CERTAIN PARCEL CONVEYED TO

THE CITY OF SANTA ANA BY DEED FOR PUBLIC STREET PURPOSES RECORDED NOVEMBER 12, 2019 PER INSTRUMENT NO. 2019000448315, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF LOT 7 OF SAID SURVEYOR’S MAP, AND A LINE PARALLEL WITH AND 64.00 FEET EASTERLY

OF THE CENTERLINE OF BRISTOL STREET, SAID POINT BEING THE SOUTHEAST CORNER OF SAID PARCEL CONVEYED TO THE CITY OF SANTA ANA; THENCE PARALLEL WITH SAID CENTERLINE OF BRISTOL STREET, NORTH 01°32’07” EAST, A DISTANCE OF 87.83 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, AND HAVING A RADIUS OF 100.00 FEET, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED;
THENCE NORTHERLY ALONG SAID CURVE 40.66 FEET THROUGH A CENTRAL ANGLE OF 23°17’43”;
THENCE NORTH 24°49’50” EAST, CONTINUING ALONG SAID PARCEL CONVEYED TO CITY OF SANTA ANA, A DISTANCE OF 11.87 FEET TO THE BEGINNING OF A NONTANGET CURVE CONCAVE NORTHWESTERLY, AND HAVING A RADIUS OF 100.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE 37.47 FEET THROUGH A CENTRAL ANGLE OF 21°28’15” TO A POINT ON THE NORTH LINE OF SAID LOT 3, A RADIAL LINE TO THE BEGINNING OF CURVE BEARS SOUTH 65°05’14” EAST, SAID POINT LYING DISTANT 85.00 FEET EASTERLY AND PERPENDICULAR TO SAID CENTERLINE OF BRISTOL STREET;
THENCE NORTH 89°11’43” WEST ALONG THE NORTHERLY LINE OF SAID LOT 3, ALSO

BEING THE NORTHERLY LINE OF SAID PARCEL CONVEYED TO CITY OF SANTA ANA, A DISTANCE OF 9.89 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE NORTHWESTERLY, AND HAVING A RADIUS OF 185.00 FEET, A RADIAL LINE TO THE BEGINNING OF CURVE BEARS SOUTH 87°13’16” EAST;
THENCE SOUTHERLY ALONG SAID CURVE 27.88 FEET THROUGH A CENTRAL ANGLE OF 8°38’09”;
THENCE SOUTH 11°24’53” WEST, A DISTANCE OF 42.82 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, AND HAVING A RADIUS OF 72.00 FEET; City Council Page 1 of 25 – 2 20 7/16/2024
City Council 25 – 21 7/16/2024
RSB 3/12
LOT 3
LOT 5
LOT 7
N
City Council 25 – 22 7/16/2024
City Clerk’s Office
https://www.santa-ana.org/cityclerk
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election.

TITLE
Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election

RECOMMENDED ACTION

1. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002 AND 1003 TO DELETE REFERENCES

TO OBSOLETE JOB TITLES AND OBSOLETE BONDING REQUIREMENTS,

SPECIFY THAT ALL DEPARTMENT HEADS ARE AT-WILL EMPLOYEES,

ADDRESS DEFINITIONS OF FUNDS AND LEVIES FOR COMPLIANCE WITH

STATE LAW, AUTHORIZE LIMITED PURCHASING AUTHORITY FOR THE CITY

CLERK AND CITY ATTORNEY AND REQUIRE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO ENFORCE THE ETHICS CODE;

2. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL COMPENSATION AT A SALARY OF THIRTY-THREE (33%) PERCENT OF THAT OF AN ORANGE COUNTY
SUPERIOR COURT JUDGE;

3. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
City Council 26 – 1 7/16/2024
Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024

Page 2 ends

SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and

4. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING WHETHER TO ADOPT A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
A General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City four (4) ballot measures:

1. Whether to amend Santa Ana City Charter Sections 401.5, 611, 702, 703, 1002, and 1003 to delete references to obsolete job titles and obsolete bonding requirements, specify that all department heads are at-will employees, address definitions of funds and levies for compliance with state law, authorize limited purchasing authority for the City Clerk and City Attorney, and require the City Council to adopt an ordinance to enforce the Ethics Code;

2. Whether to amend Santa Ana City Charter Section 402 to index Council compensation at a salary of thirty-three percent (33%) of that of an Orange County Superior Court Judge;

3. Whether to amend Santa Ana City Charter Section 1203 to permit noncitizen voting in all City municipal elections; and

4. Whether to adopt a Rent Stabilization and Just Cause Eviction Ordinance.

Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed City Council 26 – 2 7/16/2024
Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024

Page 3 ends

preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length.

Pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. In addition, Elections Code Section 9285 provides that the author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.

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

FISCAL IMPACT
The measures themselves have already been added to the ballot by the City Council.

The estimated cost from the Orange County Registrar of Voters for the November 5, 2024 ballot is $8,500 per measure (3000 words and 2 pages). Should the inclusion of an impartial analysis and arguments cause a measure to exceed 3000 words and 2 pages, additional costs may apply at the same rate as stated above for the initial measure.

Sufficient funds are available in the City Clerk’s FY 2024/25 budget (Account No. 01107031 62300).

EXHIBIT(S)

1. Proposed Resolution Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Sections 401.5, 611, 702, 703, 1002 and 1003 to Delete References to Obsolete Job Titles and Obsolete Bonding Requirements, Specify that all Department Heads are At-Will Employees, Address Definitions of Funds and Levies for Compliance with State Law, Authorize Limited Purchasing Authority for the City Clerk and City Attorney and Require the City Council to Adopt an Ordinance to Enforce the Ethics Code;

2. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Section 402 to Index Council Compensation at a Salary of Thirty-Three (33%) Percent of That of an Orange County Superior Court Judge;

3. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General City Council 26 – 3 7/16/2024
Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024

Page 4 ends

Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Section 1203 to Permit Noncitizen Voting in All City Municipal Elections; and

4. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding Whether to Adopt a Rent Stabilization and Just Cause Eviction Ordinance.

Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, Acting City Manager
City Council 26 – 4 7/16/2024
Resolution 2024-XXX

Page 1 of 3 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR

THE BALLOT MEASURE SUBMITTED FOR THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO
AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002
AND 1003 TO DELETE REFERENCES TO OBSOLETE JOB

TITLES AND OBSOLETE BONDING REQUIREMENTS,

SPECIFY THAT ALL DEPARTMENT HEADS ARE AT-WILL

EMPLOYEES, ADDRESS DEFINITIONS OF FUNDS AND

LEVIES FOR COMPLIANCE WITH STATE LAW,

AUTHORIZE LIMITED PURCHASING AUTHORITY FOR

THE CITY CLERK AND CITY ATTORNEY AND REQUIRE

THE CITY COUNCIL TO ADOPT AN ORDINANCE TO

ENFORCE THE ETHICS CODE
WHEREAS, a General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City a ballot measure related to whether to amend Santa Ana City Charter Sections 401.5, 611, 702, 703, 1002, and 1003 to delete references to obsolete job titles and obsolete bonding requirements, specify that all department heads are at-will employees, address definitions of funds and levies for compliance with state law, authorize limited purchasing authority for the City Clerk and City Attorney and require the City Council to adopt an ordinance to enforce the Ethics Code (“the Measure”);
WHEREAS, Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length;
WHEREAS, pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure; and WHEREAS, pursuant to Elections Code Section 9285, The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or City Council 26 – 5 7/16/2024
Resolution 2024-XXX

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sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.

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, declares, and determines that, to the extent the City Council determines that, members of the City Council would like to author an argument in favor or against the Measure, the following member(s) of its body are authorized to file written arguments in favor of or against the Measure:

Member Name In Favor: Against:

1. 2.

3. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the City Clerk to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument in favor of or against the Measure set forth above, and to change said argument until and including Friday, July 26, 2024 after which no arguments for or against said City Measure may be submitted. Arguments in favor or against the measure shall not exceed 300 words.

Section 4. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, The arguments shall be accompanied by the Form of Statement to be filed by the authors of the argument as provided for in Elections Code Section 9600.

Section 5. The City Clerk is directed to transmit a copy of the Measure to the City Attorney and in accordance with Elections Code Section 9280, the City Attorney is hereby directed to prepare an impartial analysis and file said impartial analysis with the City Clerk by the date set for the filing of primary arguments.

Section 6. The City Council for the City of Santa Ana finds that if more than one argument for or against the measure is submitted to the City Clerk within the time prescribed, the City Clerk shall given preference and priority, in the order set forth in Elections Code Section 9287, to the arguments in favor/against submitted by 1) the legislative body, or member(s) of the legislative body authorized by that body, 2) individual voter or bona fide association of citizens or combination of voters and associations, who City Council 26 – 6 7/16/2024
Resolution 2024-XXX

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are the bona fide sponsors of proponents of the measure, 3) bona fide associations of citizens, 4) individual voters who are eligible to vote on the measure.

Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of July, 2024.
__________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ________________.

Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 26 – 7 7/16/2024
Resolution 2024-XXX

Page 1 of 3 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR

THE BALLOT MEASURE SUBMITTED FOR THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO
AMEND CHARTER SECTION 402 TO INDEX COUNCIL

COMPENSATION AT A SALARY OF THIRTY-THREE
PERCENT (33%) OF THAT OF AN ORANGE COUNTY

SUPERIOR COURT JUDGE
WHEREAS, a General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City a ballot measure related to whether to amend Santa Ana City Charter Section 402 to index Council compensation at a salary of thirty-three percent (33%) of that of an Orange County Superior Court Judge (“the Measure”);
WHEREAS, Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length;
WHEREAS, pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure; and WHEREAS, pursuant to Elections Code Section 9285, The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.

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, declares, and determines that, to the extent the City Council determines that, members of the City Council would like to author an argument in favor or against the Measure, the following City Council 26 – 8 7/16/2024
Resolution 2024-XXX

Page 2 of 3 ends

member(s) of its body are authorized to file written arguments in favor of or against the Measure:

Member Name In Favor: Against:

1. 2.

Section 6. The City Council for the City of Santa Ana finds that if more than one argument for or against the measure is submitted to the City Clerk within the time prescribed, the City Clerk shall given preference and priority, in the order set forth in Elections Code Section 9287, to the arguments in favor/against submitted by 1) the legislative body, or member(s) of the legislative body authorized by that body, 2) individual voter or bona fide association of citizens or combination of voters and associations, who are the bona fide sponsors of proponents of the measure, 3) bona fide associations of citizens, 4) individual voters who are eligible to vote on the measure.

Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of July, 2024.

City Council 26 – 9 7/16/2024
Resolution 2024-XXX

Page 3 of 3 ends

__________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 26 – 10 7/16/2024
Resolution 2024-XXX

Page 1 of 3 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR

THE BALLOT MEASURE SUBMITTED FOR THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

REGARDING A PROPOSED CHARTER AMENDMENT TO
AMEND CHARTER SECTION 1203 TO PERMIT

NONCITIZEN VOTING IN ALL CITY MUNICIPAL

ELECTIONS
WHEREAS, a General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City a ballot measure related to whether to amend Santa Ana City Charter Section 1203 to permit noncitizen voting in all City municipal elections (“the Measure”); WHEREAS, Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length;
WHEREAS, pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure; and WHEREAS, pursuant to Elections Code Section 9285, The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.

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

City Council 26 – 11 7/16/2024
Resolution 2024-XXX

Page 2 of 3 ends

Member Name In Favor: Against:

1. 2.

3. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the City Clerk to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument in favor of or against the Measure set forth above, and to change said argument until and including Friday, July 26, 2024 after which no arguments for or against said City measure may be submitted. Arguments for or against the Measure shall not exceed 300 words.

Section 6. The City Council for the City of Santa Ana finds that if more than one argument for or against the measure is submitted to the City Clerk within the time prescribed, the City Clerk shall given preference and priority, in the order set forth in Elections Code Section 9287, to the arguments in favor/against submitted by 1) the legislative body, or member(s) of the legislative body authorized by that body, 2) individual voter or bona fide association of citizens or combination of voters and associations, who are the bona fide sponsors of proponents of the measure, 3) bona fide associations of citizens, 4) individual voters who are eligible to vote on the measure.

Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of July, 2024.

City Council 26 – 12 7/16/2024
Resolution 2024-XXX

Page 3 of 3 ends

_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 26 – 13 7/16/2024
Resolution 2024-XXX

Page 1 of 3 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR
BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5,
2024 GENERAL MUNICIPAL ELECTION REGARDING

WHETHER TO ADOPT A RENT STABILIZATION AND JUST

CAUSE EVICTION ORDINANCE
WHEREAS, a General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City a ballot measure related to whether to adopt a Rent Stabilization and Just Cause Eviction Ordinance (“the Measure”);
WHEREAS, Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length;
WHEREAS, pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure; and WHEREAS, pursuant to Elections Code Section 9285, The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.

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

City Council 26 – 14 7/16/2024
Resolution 2024-XXX

Page 2 of 3 ends

Member Name In Favor: Against:

1. 2.

3. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the City Clerk to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument in favor of or against the Measure set forth above, and to change said argument until and including Friday, July 26, 2024 after which no arguments for or against said City measure may be submitted. Arguments for or against the measure shall not exceed 300 words.

Section 3: The City Council of the City of Santa Ana also finds that pursuant to Elections Code Section 9285, a rebuttal statement may be filed not to exceed 250 words until and including Monday, August 5, 2024
Section 4. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, The arguments shall be accompanied by the Form of Statement to be filed by the authors of the argument as provided for in Elections Code Section 9600.

Section 6. The City Council for the City of Santa Ana finds that if more than one argument for or against the Measure is submitted to the City Clerk within the time prescribed, the City Clerk shall given preference and priority, in the order set forth in Elections Code Section 9287, to the arguments in favor/against submitted by 1) the legislative body, or member(s) of the legislative body authorized by that body, 2) individual voter or bona fide association of citizens or combination of voters and associations, who are the bona fide sponsors of proponents of the measure, 3) bona fide associations of citizens, 4) individual voters who are eligible to vote on the measure.

Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of July, 2024.
__________________________
Valerie Amezcua
Mayor
City Council 26 – 15 7/16/2024
Resolution 2024-XXX

Page 3 of 3 ends

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 26 – 16 7/16/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Garden Court Apartments Rehabilitation Project

AGENDA TITLE
Public Hearing - Approve an Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701, Adopt a Resolution Approving the Issuance of Revenue Bonds, and Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Legal notice published in the OC Reporter on July 9, 2024.

RECOMMENDED ACTION

1. Authorize the City Manager to execute an amended and restated agreement containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08) (Contingent upon approval of Housing Authority Item # 3) (Agreement No. A-2024-XXX).

2. Approve the Relocation Plan and authorize the City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney.

3. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Municipal Finance Authority for C&C Development Co., LLC, to finance the acquisition, rehabilitation, improvement, and equipping of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08).

4. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $55,000,000 for financing the rehabilitation of Garden Court Apartments.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS

FOR THE GARDEN COURT APARTMENTS
City Council 27 – 1 7/16/2024
Garden Court Apartments Rehabilitation Project
July 16, 2024

Page 2 ends

5. Determine that the approvals and authorizations provided for herein do not constitute a "project" within the meaning of California Public Resources Code § 21065 and authorize filing a notice of exemption based on the "common sense" exemption of 14 C.C.R. § 15061(b)(3) to the extent any activity would be considered a "project" because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the California Environmental Quality Act (CEQA).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Garden Court Apartments is an existing 84-unit mixed-income apartment project located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08) and owned by Orange Housing Development Corporation (“OHDC”). On May 26, 1995, the City of Santa Ana (“City”), the Community Redevelopment Agency, and OHDC entered into an agreement containing covenants that required 41 out of the 84 units on the property to be affordable to families earning 40% of the Area Median Income (“AMI”) in perpetuity. The remaining 43 units consist of 42 unrestricted market rate apartments and one manager’s unit. The original covenant was entered into as part of a loan the City made for the project under the HOME Investments Partnership Program (24 C.F.R.

92.252) (the "HOME Program").

In February 2024, C&C Development Co., LLC (“C&C”) and OHDC approached the City with a proposal to rehabilitate Garden Court Apartments and convert the remaining 42 market rate units at the project to affordable housing units for families earning 80% of the AMI. C&C and OHDC are seeking financing for the rehabilitation. The changes to the existing regulatory agreement are intended to assist with their ability to obtain financing. Thus, as part of this proposal, OHDC and C&C are requesting that the affordability term for the 83 affordable units be set at 55 years, which modifies the existing affordability covenants that require the current 41 affordable units to be restricted in perpetuity.

The amended agreement allows a change in the affordability covenants, but it does not contain an obligation to commence or complete the rehabilitation; the intent is that the amendment would assist OHDC and C&C to obtain financing for the rehabilitation. By this amendment, OHDC seeks to establish the restrictions that: (1) increase the affordability levels for the current 41 affordable units from 40% to 60% AMI, and (2) establish the 80% AMI restrictions for the remaining 42 units that are currently unrestricted. OHDC has stated its intention to repay the City’s existing outstanding loan balance of $925,851 at the time of their construction loan closing. Until such time as the outstanding loan balance is paid, the City has an existing deed of trust on the Property that secures obligations under the original loan agreement, including federal requirements under the HOME Program. Following a four-month due diligence and negotiation process with C&C and OHDC, staff is requesting approval of an Amended and Restated Agreement Containing Affordable Housing Covenants (“Regulatory Agreement”) to allow for the rehabilitation of Garden Court Apartments, subject to City Council 27 – 2 7/16/2024
Garden Court Apartments Rehabilitation Project
July 16, 2024

Page 3 ends

OHDC and C&C obtaining financing and subsequent approvals by the City’s Planning and Building Agency for the rehabilitation work.

Staff is also requesting City Council to conduct a Tax Equity and Financial Responsibility Act (“TEFRA”) Hearing and adopt a resolution for the issuance of taxexempt bonds. The proposed rehabilitation project, Amended and Restated Regulatory Agreement, draft relocation plan of existing tenants, and TEFRA Hearing are further described below.

Proposed Rehabilitation Project
After recording the Regulatory Agreement, OHDC and C&C Development state that they will proceed with their efforts to obtain financing for the rehabilitation. The proposed rehabilitation project is of an occupied four-story multifamily apartment building (Garden Court Apartments) situated on a 1.44-acre site (“Project”). Currently, the property consists of 41 affordable family units and 42 market-rate units, plus one (1) manager’s unit. The unit configuration will not be changed and the unit mix will continue to be comprised of 12 one-bedroom units, 12 one-bedroom units with a den, and 60 two-bedroom units. A total of 41 of the 84 units will be affordable to families at 60% AMI and the remaining 42 units will be affordable to families at 80% AMI. The Regulatory Agreement will allow rent increases for current residents in the 40% AMI units, but those residents will be protected from displacement through a rent escalator cap where the rent will not be increased annually by more than five percent (5%) plus the percentage change in Consumer Price Index, or ten percent (10%), whichever is lower, of the rent authorized under OHDC’s original agreement with the City.

As mentioned, the final rehabilitation plans and commencement of rehabilitation is contingent on future financing and planning approvals. Based on the information from OHDC and C&C, upon completion of the rehabilitation, the existing residential building will have updated architectural design features that will align with the newly constructed Legacy Square project across the street. The community and programming spaces will also undergo modernization to enhance the living experience for residents, bringing it on par with market-rate communities. The rehabilitation plan also includes aesthetic enhancements to the façade and landscaping to improve the street frontage on all four sides of the building. Additionally, a small dog run area will be incorporated on the ground floor, facing North Spurgeon Street. Access to the parking garage on the ground floor will be facilitated through two parking garage gates, located on French Street and North Spurgeon Street respectively. Tenants will access their assigned parking spaces from within the parking garage. For residents on the three floors of apartments above the parking garage, access to the garage will be provided via elevator or stairs.

According to the proposal, the rehabilitation of the Project will occur in four (4) separate phases consisting of 21 units undergoing rehabilitation at one time. Due to the extent of the rehabilitation, these units will need to be vacant during the rehabilitation. The relocation plan of existing tenants is further outlined below.

Overall, this Project will establish deed restrictions for 42 new units of affordable City Council 27 – 3 7/16/2024
Garden Court Apartments Rehabilitation Project
July 16, 2024

Page 4 ends

housing for low-income households in the City and rehabilitate the entire property, including the 41 existing affordable housing units, ensuring the Project’s sustainability and affordability for the next 55 years. OHDC states the City’s current loan balance of $925,851 will also be repaid at construction loan closing. OHDC and C&C have worked closely with the City since 1994 to provide affordable housing for Santa Ana residents.

OHDC and C&C currently own and operate 897 family and senior affordable units across 14 communities within the City. These include revitalization and rehabilitation developments such as Cornerstone Village, Wilshire/Minnie Neighborhood, Townsend and Raitt Neighborhood, and new construction development such as Andalucia Apartments, Depot at Santiago, and Terraces at Santiago. OHDC and C&C have never sold an affordable community they have developed in the City and they maintain a longterm commitment to serving the community.

Amended and Restated Regulatory Agreement
The Amended and Restated Regulatory Agreement is attached as Exhibit 1. The following key terms are incorporated into the Regulatory Agreement:
• Owner: Orange Housing Development Corporation, who may request approval from the City in the future to transfer the property to C&C following a tax credit application and/or the rehabilitation of the project.
• Term: 55 years from the date the Regulatory Agreement is recorded. • Unit Mix: There will be 41 units designated for families with an income equal to or less than 60% AMI and 42 units designated for families with an income equal to or less than 80% AMI. There will continue to be one (1) unrestricted manager’s unit. The rents will be tied to the Tax Credit Allocation Committee rents.
• Restrictions on Rent Increases for Existing Households Currently Residing in the 60% AMI Units: The 60% AMI units are the same forty-one (41) units restricted under the Original Agreement. The maximum annual rent increase for tenants currently residing in one of the 60% AMI units shall not exceed five percent (5%) plus the percentage change in Consumer Price Index, or ten percent (10%), whichever is lower, of the rent authorized under the Original Agreement until the rent equals 60% AMI. Rents may be increased only once a year.
• Selection of Tenants: A new local preference will be added to the Resident Selection Plan for residents who live or work in the City. • Rehabilitation and Maintenance: OHDC is responsible for the rehabilitation of the Project and ongoing maintenance of the property to ensure it remains in a healthy and safe condition over the 55-year term. The Regulatory Agreement does not contain an obligation for OHDC or C&C to proceed with the rehabilitation as proposed.
• Consent by Housing Authority: The Regulatory Agreement removes the Community Redevelopment Agency for the City of Santa Ana as a party. The Housing Authority, as the Successor Agency, will approve this through a consent.

The Amended and Restated Regulatory Agreement has been signed by OHDC to acknowledge their acceptance of the terms.

City Council 27 – 4 7/16/2024
Garden Court Apartments Rehabilitation Project
July 16, 2024

Page 5 ends

Draft Relocation Plan of Existing Tenants
Relocation activities are subject to California Relocation Assistance Law, Government Code Section 7260, et seq., and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq.

The rehabilitation of Garden Court Apartments requires 21 units to be unoccupied for the start of the four (4) separate phases referenced above. Based upon resident interviews conducted by Overland, Pacific and Cutler and current household and income information, it is currently anticipated the vacancy of these units will be achieved through the permanent relocation of nine (9) existing households that are currently overincome, six (6) existing vacancies that have been accumulated as of the date of the Staff Report, and the relocation of six (6) income-qualified households who will be relocated on a permanent basis but have the right of first refusal to return to Garden Court Apartments upon completion of the rehabilitation. All households permanently relocated from the property will be receive relocation benefits.

The requirement to relocate income-qualified households may decrease to the extent additional units become vacant at the property due to normal turnover. At the time of relocation, C&C and OHDC will also work to relocate those income-qualified households to existing C&C/OHDC affordable communities in Santa Ana.

The Relocation Plan as of June 27, 2024, is attached as Exhibit 2. With approval by City Council, the Acting City Manager will approve any required amendments or modifications to the Relocation Plan, as reasonably necessary to implement the approval of the Regulatory Agreement to comply with reasonable conditions of financing for rehabilitation of the Project. Any changes to final Relocation Plan will be consistent with the project and approved by the City Manager and City Attorney. The Regulatory Agreement provides that relocation will not commence unless and until the City is provided with advance notice and written confirmation that the relocation is consistent with the Relocation Plan or, to the extent any changes are requested, the City Manager has approved those changes.

Tax Equity Fiscal Responsibility Act Hearing
C&C Development Co., LLC (the “Borrower) has requested that the California Municipal Finance Authority (“CMFA”) adopt a financing plan to issue one or more series of revenue bonds, issued periodically, including bonds for refunding such revenue bonds, in an aggregate principal amount not exceeding $55,000,000 (the “Bonds”). These funds are intended to finance or refinance the acquisition, rehabilitation, improvement, and equipping of the multifamily rental housing project located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 known herein as the Garden Court Apartments Project.

However, for any portion of the Bonds to qualify as tax-exempt, the City must conduct a public hearing (the “TEFRA Hearing”), allowing community members the opportunity to City Council 27 – 5 7/16/2024
Garden Court Apartments Rehabilitation Project
July 16, 2024

Page 6 ends

voice their opinions regarding the use of tax-exempt bonds for the Project's financing.

After the TEFRA Hearing concludes, an “applicable elected representative” of the governmental unit hosting the Project, in this case, the City, must provide approval for the CMFA to issue the Bonds for the Project's financing.

The Bonds to be issued by the CMFA are the sole responsibility of the Borrower. The City bears no financial or legal liability for the Project or bond repayment and incurs no indebtedness.

The TEFRA Resolution (Exhibit 3) and the approval of the Amended and Restated Regulatory Agreement are distinct processes with no direct correlation. Each carries its own significance and implications within the context of the broader framework. While the TEFRA Resolution primarily focuses on tax-exempt financing projects or investments, the approval of the Amended and Restated Regulatory Agreement pertains to the modification and enhancement of contractual terms and obligations. These two actions operate on separate tracks, addressing different aspects of the Project.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), serves as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of its issuance fees with its member communities and allocates a portion of these fees to the Foundation to support local charities.

FISCAL IMPACT
A TEFRA Hearing Fee for this project in the amount of $1,011 was received and will be deposited into the Miscellaneous Service Charge account (no. 01102002-53902).

EXHIBIT(S)

1. Amended and Restated Regulatory Agreement

2. Draft Relocation Plan, as of June 27, 2024

3. TEFRA Resolution
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 27 – 6 7/16/2024
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
Santa Ana, CA 92702
Attn: Housing Division Manager
______________________________________________________________________________ APN: 398-323-08 SPACE ABOVE FOR RECORDER'S USE ONLY

EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE §27383

AMENDED AND RESTATED

AGREEMENT CONTAINING AFFORDABLE HOUSING COVENANTS
(Garden Court Apartments)
by and between

THE CITY OF SANTA ANA,
a California municipal corporation and charter city,
and

ORANGE HOUSING DEVELOPMENT CORPORATION,
a California nonprofit public benefit corporation
[Dated as of_______________, 2024 for reference purposes only] EXHIBIT 1
City Council 27 – 7 7/16/2024
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AMENDED AND RESTATED

AGREEMENT CONTAINING AFFORDABLE HOUSING COVENANTS
(Garden Court Apartments)

THIS AMENDED AND RESTATED AGREEMENT CONTAINING AFFORDABLE HOUSING COVENANTS (this "Agreement") is entered into as of _______________ 2024, by and among ORANGE HOUSING DEVELOPMENT CORPORATION, a California nonprofit corporation ("OHDC"), and THE CITY OF SANTA ANA, a municipal corporation and charter city (the "City").

WHEREAS, OHDC is the owner of that certain real property (the "Property") located in the City of Santa Ana more particularly described in Attachment No. 1 which is attached hereto and incorporated herein by this reference; and
WHEREAS, the City, the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic ("Agency") and OHDC entered into that certain Agreement Containing Covenants (Garden Court Apartments Apartments) (the "Original Agreement"), dated as of May 26 1994, and recorded on May 26, 1995 as Document No. 95-0225207 in the Official Records of Orange County (the "Official Records"), which provides that the Owner would operate the Property as affordable housing with specified income, occupancy and rent restrictions.

WHEREAS, the Project was previously financed with a loan from the City under the HOME Investment Partnerships Act (the "HOME Program"). The Project complied with the minimum period of affordability for the HOME Program as set forth in 24 CFR 92.252 by providing affordable housing to very low income households for a period of no less than twenty (20) years. The Project now requires rehabilitation to continue providing safe, decent, and quality affordable housing. Therefore, OHDC is requesting a modification of the Original Agreement to remove the HOME Program affordability requirements and impose affordability requirements consistent with the low-income housing tax credit program, as implemented by the California Tax Credit Allocation Committee, as further set forth herein.

WHEREAS, OHDC desires to refinance and rehabilitate the Project. In connection with the refinance and rehabilitation of the Project, the City and OHDC desire to amend and restate the Original Regulatory Agreement in its entirety with this Agreement.

WHEREAS, the City agrees to this Amended and Restated Agreement Containing Affordable Housing Covenants to allow for the OHDC to complete the rehabilitation, reconstruction, improvement or addition to, or replacement of, dwelling units of a previously existing low-rent housing project, or a project previously or currently occupied by lower income households, as defined in Section 50079.5 (the "Project"), on the terms and conditions set forth herein.

NOW, THEREFORE, CITY AND OHDC COVENANT AND AGREE AS FOLLOWS:

1. OHDC covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof (the "Owner") that Owner, such successors, EXHIBIT 1
City Council 27 – 8 7/16/2024
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and such assigns shall use the Property to provide affordable housing in compliance with this Agreement. In addition to all other terms and conditions set forth herein, this Agreement is subject to the following:
(a) Owner agrees and acknowledges prior receipt of a loan from the City in the amount of One Million One Hundred Thousand Dollars ($1,100,000.00) (“City HOME Loan”), evidenced by a Promissory Note Secured by Subordinated Deed of Trust, dated May 26, 1995, and secured by a Subordinated Deed of Trust with Assignment of Rents (Securing Home Loan), recorded in the Official Records of Orange County as Document No. 95-0225206 (“City HOME Deed of Trust”). Owner represents and warrants that it is not in default of the City HOME Loan and agrees that this Agreement does not amend, restate or modify the loan agreement and promissory note evidencing the City HOME Loan nor the City HOME Deed of Trust or the obligations thereunder.
(b) Owner and City agree to amend the affordability covenants in Section 2 of the Original Agreement on the terms and conditions set forth herein, which shall be effective upon the recordation of this Agreement and continue for a term of at least fifty-five (55) years (the “Term”).
(c) The covenants against discrimination set forth in Section 9, below, shall remain in effect in perpetuity.

2. Owner, for itself and its successors and assigns, hereby covenants and agrees that the 84 apartments on the Property (the "Units") shall be restricted as follows: (i) forty-one (41) Units, consisting of fifteen (15) one bedroom, one-bathroom Units and twenty-six (26) twobedroom, two-bathroom Units (the "60% AMI Units") shall be rented exclusively, at Affordable Rent, to 60% Income Households as defined in subsection (a) below, and to Existing Households as set forth in subsection (b) below; and, (ii) forty-two (42) Units, consisting of nine (9) one bedroom, one-bathroom Units and thirty-two (32) two-bedroom, two-bathroom Units (the "80% AMI Units) shall be rented exclusively, at Affordable Rent, to 80% Income Households, as defined in subsection (a) below. The 60% AMI Units and the 80% AMI Units are collectively referred to as the "Restricted Units," which shall only be occupied by eligible households for the 60% AMI Units or 80% AMI Units, as applicable. Area median income levels and Affordable Rents are subject to adjustment from time to time as provided in this Section 2 below. The restrictions set forth in this Section 2 shall remain in effect for fifty-five (55) years after the date of recordation of this Agreement. "Affordable Rent" shall mean the maximum rent for Existing Restricted Tenants (as defined below) as set forth in subsection (b) or the maximum rent for 60% AMI Units or 80% AMI Units, as applicable, as set forth in subsection (c). (a) Maximum Incomes.
(i) 60% AMI Units. The maximum incomes of residential tenants eligible to rent the 60% AMI Units shall be an individual or household that has a household income equal to or less than sixty percent (60%) of then current Area Median Family Income for the Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area, adjusted for household size, as published by the California Tax Credit Allocation Committee ("TCAC") annually ("60% EXHIBIT 1
City Council 27 – 9 7/16/2024
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Income Household(s)"). A 60% Income Household includes an Existing Restricted Tenant that meets the income eligibility requirements of the Original Agreement. (ii) 80% AMI Units. The maximum incomes of residential tenants eligible to rent the 80% AMI Units shall be an individual or household that has a household income equal to or less than eighty percent (80%) of then current Area Median Family Income for the Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area, adjusted for household size, as published by TCAC annually ("80% Income Household(s)"). (b) Restrictions on Rent Increases for Existing Households Currently Residing in the 60% AMI Units. The 60% AMI Units are the same forty one (41) Units restricted under the Original Agreement. Notwithstanding the definition of Affordable Rent set forth in subsection (c), below, the maximum annual rent increase for tenants currently residing in one of the 60% AMI Units ("Existing Restricted Tenant") shall not exceed five percent (5%) plus the percentage change in Consumer Price Index, or ten percent (10%), whichever is lower, of the rent authorized under the Original Agreement at the time of the recording of this Agreement and, in each subsequent year, the then current rents, until the rent equals the rent that is otherwise allowed under Section 2(c)(i) of this Agreement. Rents may be increased only once a year. The term "Consumer Price Index" means, at the time of the rent increase, the annual percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach- Anaheim Metropolitan Area (1982-84=100) published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the rent increase. For each Existing Restricted Tenant that ceases to reside at the Property, the rent for the Unit that tenant formerly occupied shall no longer be subject to this Section 2(b) and shall be subject to Section 2(c).
(c) Maximum Rents for New Households.
(i) 60% AMI Units. Except as provided in subdivision (b) above, the maximum rent for the 60% AMI Units shall be determined in accordance with the maximum rent for a 60% Income Household as published by the TCAC annually to qualify for and be in compliance with the federal statutes or regulations for the federal low income housing tax credit program established under Section 42 of the Internal Revenue Code and administered in the State of California by TCAC ("Tax Credit Program").
(ii) 80% AMI Units. The maximum rent for the 80% AMI Units shall be determined in accordance with the maximum rent for an 80% Income Household as published by the TCAC annually to qualify for and be in compliance with the Tax Credit Program. (iii) Adjustments for Household Size. For purposes of the calculation of Affordable Rent "adjusted for household size" shall be the federally-mandated household size assumptions as set forth for the Tax Credit Program.
(iv) Rent Increases. Owner may increase rents not more than once annually in accordance with the annual maximum rent for 60% Income Households or 80% Income Households, as applicable, as published by the TCAC annually.

EXHIBIT 1
City Council 27 – 10 7/16/2024
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(d) Recertification of Incomes. Owner shall reexamine the income of each tenant household living in the Restricted Units at the same times as required TCAC regardless if low income tax credits have been allocated to the Project. The maximum monthly rent shall be recalculated by Owner in accordance with the then maximum rent for Existing Restricted Tenants, as defined above, or for 60% Income Households or 80% Income Households, as applicable, as published by TCAC. Any increase in rents for the Restricted Units is subject to the provisions of existing leases with tenants. In any event, Owner must provide tenants of the Restricted Units not less than 30 days prior written notice before implementing any increase in rents, and must comply with any state or local law providing for additional notice requirements. (i) Owner shall make reasonable efforts to verify or cause to be verified that the Gross Household Income for each Eligible Household complies with the requirements of this Agreement. These efforts shall include verification of the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. (ii) OHDC agrees to recertify or cause to be recertified household eligibility on the same time frame and on the same forms as required by TCAC. Owner shall provide to City the form of tenant income recertification that is required by TCAC no later than seventy-five (75) days after close of each calendar year. (e) Increases in Tenant Incomes Above 80% Income.
(i) Increase from 60% AMI Income to, at or below 80% AMI Income.

In the event a tenant of a Restricted Unit no longer qualifies as a 60% Income Household as the result of increases in the income of the household, Owner may increase the rent charged to such tenant to an amount equal to the maximum rent for 80% AMI Units as set forth in Section 2(c)(ii). In addition, to the extent that the number of 60% AMI Units falls below forty-one (41) as the result of an increase in the income of a tenant of a Restricted Unit, Owner shall rent to a 60% Income Household, at Affordable Rent, the next Unit that becomes vacated, such that the total number of 60% Income Units is restored to forty-one (41). (ii) Increase Above 80% AMI Income. In the event a tenant of a Restricted Unit no longer qualifies as an 80% Income Household as the result of increases in the income of the household, Owner may increase the rent charged to such tenant to an amount equal to 30% percent of the tenant's household income. In addition, to the extent that the number of Restricted Units falls to below eighty-three (83) as the result of an increase in the income of a tenant of a Restricted Unit, Owner shall rent the next Unit that becomes vacated, to either a 60% Income Household or an 80% Income Household at Affordable Rent to comply with the requirements of Section 2 above.

EXHIBIT 1
City Council 27 – 11 7/16/2024
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(iii) To the extent the federal Tax Credit Program requirements conflict with the requirements in this Section 2(e), relative to the continued occupancy by households that do not qualify as 80% Income Households, the federal Tax Credit Project requirements shall apply in place of the provisions in this Section 2(e).
(f) Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Restricted Unit shall not exceed the amount permitted by TCAC or, if TCAC no longer sets maximum occupancy limits, two persons per bedroom, plus one person. If a household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Owner shall provide written notification informing the household that: it is over-occupancy; has been placed on a waiting list for an appropriately-sized unit for a period of up to one-hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. To the extent that a tenant household occupying a Restricted Unit as of the date of this Agreement is over-occupancy, such tenant household shall not be subject to this subsection (f) as long as it continues to occupy the same Restricted Unit.

3. Owner, its successors and assigns shall not charge rents for the Restricted Units in excess of the amounts set forth in Section 2(b) or (c), as applicable.

4. Owner shall adopt and include as part of its Management Plan (described in Section 10, below), written tenant selection policies and criteria for the Restricted Units which meet the following requirements.
(a) Are consistent with the purpose of providing housing for 60% Income Households and 80% Income Households.
(b) Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease.
(c) Give reasonable consideration to the housing needs of families that would have a preference under 42 CFR §906.211 (Federal selection preferences for admission to Public Housing);
(d) Provide for:
(i) The selection of tenants from a written waiting list in the chronological order of their application, subject to Section 4(e) and 4(f) below, insofar as is practicable; and
(ii) The prompt written notification to any rejected applicant of the grounds for any rejection;
(e) Subject to applicable fair housing laws, give a first priory preference and consideration, including but not limited to priority placement on a written waiting list of available units, to the housing needs of households who have been permanently displaced or face permanent displacement from housing in Santa Ana as a result of any of the following:

EXHIBIT 1
City Council 27 – 12 7/16/2024
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(i) A redevelopment project undertaken pursuant to California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) - applicable only to projects funded by the low and moderate income housing asset fund as defined in the Community Redevelopment Law;
(ii) Ellis Act, owner-occupancy, or removal permit eviction; (iii) Earthquake, fire, flood, or other natural disaster; (iv) Cancellation of a Housing Choice Voucher HAP Contract by property owner; or
(v) governmental action, such as Code Enforcement;
(f) Subject to applicable fair housing laws, give a second preference to the housing needs of households residing in, employed in, or offered employment in the City of Santa Ana, including but not limited to priority placement on a written waiting list of available units; and
(g) Carry out the Affirmative Marketing procedures of the City of Santa Ana, to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups, and low income households or households with special needs, in the housing market area to the Restricted Units. Owner shall maintain a marketing program and resident selection plan for leasing of the Restricted Units (“Marketing Program”) consistent with the marketing of the Project under the Original Agreement prior to the approval of this Agreement . The leasing of the Restricted Units shall be marketed in accordance with the Marketing Program, as the same may be amended from time to time and submitted to the City. The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and detail for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management.

5. Owner, its successors and assigns, shall not refuse to lease a restricted Unit to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to a holder of a comparable document evidencing participation in a HOME or other tenant-based rental assistance program because of the status of the prospective tenant as a holder of such certificate of family participation, rental voucher, or comparable HOME or other tenant-based rental assistance document.

6. Any lease of a Restricted Unit must be for not less than one year, unless by mutual agreement between the tenant and the Owner. The lease may not contain any of the following provisions (in which references to "owner" shall mean the Owner, its successors or assigns):
(a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; EXHIBIT 1
City Council 27 – 13 7/16/2024
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(b) Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with state law; (c) Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; (d) Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant;
(e) Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Agreement by the tenant to waive any right to a trial by jury; (g) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and (h) Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses.

7. Owner, its successors or assigns, may not terminate the tenancy or refuse to renew the lease of a tenant of a Restricted Unit, except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law; for completion of the transitional housing period; or for other good cause. Any termination or refusal to renew must be preceded by not less than 30 days by Owner's service upon the tenant of a written notice specifying the grounds for the action.

8. Owner shall, at all times during the Term of this Agreement, cause the Property and the Project to be maintained in a healthy and safe manner, regardless of cause of the disrepair.

Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. Subject to the rights of tenants, City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Owner and tenants of the Restricted Unit(s) which will be inspected, or (ii) at least 48 hours' notice to Owner, which shall promptly give notice to tenants of the Restricted Unit(s) to be inspected.

9. Owner covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, age, source of income, disability, veteran or military status, or genetic information of any person, in the sale, lease, sublease; transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Owner itself or any person claiming under or through it EXHIBIT 1
City Council 27 – 14 7/16/2024
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establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property.

10. Owner shall manage the Restricted Units in accordance with the most-recently approved Management Plan, including such amendments as may be approved in writing from time to time by the City Housing Division Manager, for the term of the income and rent restrictions contained in this Agreement. The components of the Management Plan shall include:
(a) Management Agent. Owner shall submit the name and qualifications of any proposed change to the Management Agent. The City Housing Division Manager shall approve or disapprove any changes to the Management Agent in writing based on the experience and qualifications of the Management Agent. The City hereby approves Advanced Property Services Management, Inc. as the Management Agent.
(b) Management Agreement. Owner shall submit a copy of any proposed changes to the management agreement specifying the amount of the management fee, and the relationship and division of responsibilities between Owner and Management Agent. (c) Tenant Selection Policies. Owner shall include in the Management Plan the tenant selection policies in accordance with Section 4, above.

If at any time the City determines that the Restricted Units are not being managed or maintained in accordance with the approved Management Plan, Owner shall change the Management Agent or the practices complained of, upon receipt of written notice from the City Housing Division Manager. The City Housing Division Manager may require Owner to change management practices or to terminate the management contract and designate and retain a different management agent, to be approved by the City Housing Division Manager. The management agreement shall provide that it is subject to termination by Owner without penalty, upon thirty (30) days prior written notice, at the direction of the City Housing Division Manager. Within ten (10) days following a direction of the City Housing Division Manager to replace the Management Agent, Owner shall select another management agent or make other arrangements satisfactory to the City Housing Division Manager or designee for continuing management of the Restricted Units.

11. Prevailing Wage.
(a) Owner represents that it is familiar with the requirements of the California Prevailing Wage Law (Cal. Labor Code § 1720 et seq.) and the federal Davis-Bacon Act (40 U.S.C. § 3141 et seq.) (collectively, the “Prevailing Wage Laws”). Owner agrees and acknowledges that City has not made any statements or representations about whether Prevailing Wage Laws apply to any work to be performed on the Project or the Property, and that Owner assumes any and all responsibility and liability as to whether or not laborers employed relative to any work on the Property or Project must be paid the prevailing per diem wage rate for their labor classification or whether any other requirements of the Prevailing Wage Laws apply to work performed on the Property or the Project.

EXHIBIT 1
City Council 27 – 15 7/16/2024
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(b) Owner, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to any of them pursuant to Prevailing Wage Laws. Owner acknowledges the protections of Civil Code section 1542 relative to the waiver and release contained in this Section 11, which reads as follows:

A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.
(c) By signing this Agreement, Owner knowingly and voluntarily waives the provisions of section 1542 solely in connection with the waivers and releases of this Section 11. (d) Additionally, Developer shall indemnify, defend and hold harmless the city against any claims made under Prevailing Wage Laws arising from this Agreement or the construction, installation or rehabilitation of the Property or the Project, or portion thereof.

12. Relocation. Owner shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. Prior to recordation of this Agreement, Owner submitted to the City a relocation plan, dated on or about May 28, 2024, regarding rehabilitation of the Project and prior to any rehabilitation of the Project the Owner shall submit updates to such relocation plan for City approval, which approval shall not be unreasonably withheld, delayed, or conditioned (“Relocation Plan”). Owner shall at all times comply with the Relocation Plan. In addition to any other indemnity provided by Owner under this Agreement, Owner shall indemnify, defend (with counsel of City's choosing and the consent of Owner, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs, or any other claim arising from or related to relocation of existing tenants.

13. Emergency Evacuation Plan. Owner shall maintain an Emergency Evacuation Plan (the EEP). Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the EEP shall be kept onsite and also be submitted to the following City Agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency
(d) Community Development Agency

14. Crime Free Housing. Owner shall maintain a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions:

EXHIBIT 1
City Council 27 – 16 7/16/2024
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(a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras;
(b) Requiring routine unit inspections;
(c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and
(d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well-lit, kept clean, etc.).

The CFH Plan shall be implemented and administered by Owner or its designated property manager, subject to all legal requirements, prohibitions against discrimination or unlawful housing practices.

15. Onsite Parking Management Plan. Owner shall maintain onsite parking for residents and visitors of the Project consistent with parking available to the Project prior to approval of this Agreement and actively monitor the parking demand of the Project site. Owner shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or rightof-way, but taking the following actions:
a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Adopting policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c. Adopting policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parked in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.

Owner shall comply with and enforce the PMP at all times.

16. Recordkeeping. Throughout the Term of this Agreement, Owner shall annually complete and submit to City an annual compliance report. Representatives of the City shall be entitled to enter the Property, if necessary, after review of the documentation, upon at least fortyeight (48) hours’ notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Owner agrees to cooperate with the City making the Property and the records of the Project relating to each Unit available for such inspection or audit. Owner agrees to maintain each record of the Project for no less than five (5) years after the creation of such record, or such longer time as required by law if a record relates to an audit or litigation.

EXHIBIT 1
City Council 27 – 17 7/16/2024
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17. The covenants established in this Agreement and any amendments hereto approved by the City and Owner shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City and its respective successors and assigns.

18. The City is a beneficiary of the terms and provisions of this Agreement and the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit this Agreement and the covenants running with the land have been provided. The City shall have the right if the covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which they or any other beneficiaries of this Agreement and covenants are entitled.

19. The covenants and agreements contained herein shall run with the land and not be personal obligations of Owner. Upon the sale, conveyance or other transfer of the Property that is approved by the City pursuant to this Agreement, or a Permitted Transfer, and the assumption of the obligations hereunder by a transferee, Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.

20. Default.
(a) Event of Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
(b) Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. City's rights and remedies to enforce this Agreement include any and all civil, administrative, or criminal remedies as set forth in local, state, or federal law. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party.

21. Indemnification. In addition to any other indemnity specifically provided in this Agreement, Owner agrees to defend (with counsel of City's choosing and the consent of Owner, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Owner's consent) indemnify and hold harmless City, the Housing Authority (in its capacity as the Successor Agency to the Community Redevelopment Agency for EXHIBIT 1
City Council 27 – 18 7/16/2024
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the City of Santa Ana), and their respective officers, officials, agents, employees, representatives, volunteers, successors or assigns (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Owner, or its officers, officials, agents, employees, representatives, volunteers, or successors or assigns (“Indemnitors”) in connection with Indemnitors’ obligations under the Original Agreement or this Agreement, or any loss, claims, damages, judgement, penalties, liabilities or costs asserted against Indemnitees that arise from or relate to the Original Agreement or this Agreement, including but not limited to the approval this Agreement, except to the extent required by law for the negligence or willful misconduct of Indemnitees.

22. Transfer or Assignment
(a) Prohibited Transfers or Assignments. Owner shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Owner's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment is a Permitted Transfer (as defined in Section 22(e)) or approved by the City. If Owner seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, in a manner that does not constitute a Permitted Transfer, Owner shall request City's written consent, and City shall respond within fifteen (15) days with a written approval or denial, which City may determine in its reasonable discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Owner shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within fifteen (15) days shall be deemed an approval. Notwithstanding any transfer or assignment, including any Permitted Transfers, this Agreement shall not be subordinated and shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof on or after the approval of this Agreement. (b) Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project.
(c) Subsequent Assignment. As used in this Agreement, the term "Owner" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.
(d) Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.
(e) Permitted Transfers. Any of the following do not require the City's prior written approval (the "Permitted Transfers"):

EXHIBIT 1
City Council 27 – 19 7/16/2024
13 Error! Unknown document property name.
a. Any transfer to a lender providing financing to the Project; b. Any transfer resulting from foreclosure or deed in lieu of foreclosure; c. Any transfer of stock or equity in Owner that does not change management or operational control of the Project, with no material change in beneficial ownership (with the exception of any conveyance to member(s) of the immediate family(ies) of the transferor(s) or trusts for their benefit);
d. The lease of residential units in the Project consistent with this Agreement; e. Any transfer of this Agreement and the Property to a limited partnership in which OHDC or its affiliate is a general partner.
f. The transfer and sale of limited partnership interests in Owner while the Owner is in the form of a limited partnership.
g. In the event that any general partner of the Owner, while the Owner is in the form of a limited partnership, is removed by the limited partner of such limited partnership for cause following default under the partnership agreement, the transfer of the general partner interest to a 501(c)(3) tax exempt nonprofit corporation selected by the limited partner and approved by the City, which approval shall not be withheld unreasonably, delayed or conditioned. h. The transfer of the Project from Owner, while the Owner is in the form of a limited partnership, to one or more of the general partners of the Owner or affiliates of the general partners of the Owner at the end of the tax credit compliance period for the Project; and i. Any dilution of the general partner's interest in the Owner while the Owner is in the form of a limited partnership, in accordance with the Owner's limited partnership agreement.

23. MISCELLANEOUS
(a) Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the affordability requirements set forth in this Agreement for the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. (b) Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Each alteration, change, or modification to this EXHIBIT 1
City Council 27 – 20 7/16/2024
14 Error! Unknown document property name.

Agreement shall be recorded against the Property in the Official Records of Orange County, California.
(c) Notices.
(i) Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by firstclass mail postage prepaid. All notices shall be addressed as follows:

If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.O. Box 1988
Santa Ana, California 92702
Attention: Housing Division Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Owner: Orange Housing Development Corporation
414 E. Chapman Avenue
Orange, CA 92866
Attention: Chief Executive Officer
(ii) Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. (d) Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement EXHIBIT 1
City Council 27 – 21 7/16/2024
15 Error! Unknown document property name.
shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. (e) Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. (f) Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. (g) Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.
(h) Joint and Several Obligations. If at any time during the Term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one owner, all obligations of such Owner under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners.
(i) Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. (j) Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. (k) Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. (l) Non-Discrimination. In performing its obligations under this Agreement, OHDC shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, age, source of income, disability, medical condition, veteran or military status, or genetic information of any person, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, or termination of employees or other related activities. Owner affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
(m) Third Party Beneficiaries. No person or entity, other than City and Owner shall have any right of action based upon any provision of this Agreement.

EXHIBIT 1
City Council 27 – 22 7/16/2024
16 Error! Unknown document property name.
(n) Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party.

If any such events shall occur, the Term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. (o) Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. (p) Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.
(q) Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
(r) Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. (s) Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement.

No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating private property and the Owner of such property.
(t) Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall EXHIBIT 1
City Council 27 – 23 7/16/2024
17 Error! Unknown document property name.
promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. (u) Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.
(v) No Subordination. This Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof.
(w) Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.

24. Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
[Signatures on Following Pages]
EXHIBIT 1
City Council 27 – 24 7/16/2024
EXHIBIT 1
City Council 27 – 25 7/16/2024
Error! Unknown document property name.

CONSENT BY HOUSING AUTHORITY
The Housing Authority of the City of Santa Ana, a public body, corporate and politic, in its capacity as the successor to the housing assets and functions of the Community Redevelopment Agency of the City of Santa Ana, hereby agrees to the termination of the Original Agreement but is otherwise not a party to this Agreement.

Date:

THE HOUSING AUTHORITY OF THE
CITY OF SANTA ANA , a public body,
corporate and politic, in its capacity as the
successor to the housing assets and functions
of the Community Redevelopment Agency of
the City of Santa Ana
By:
___________________,
Executive Director
ATTEST:

Jennifer L. Hall,
Clerk of the Board of Commissioners
APPROVED AS TO FORM:

By:

General Counsel
EXHIBIT 1
City Council 27 – 26 7/16/2024
Error! Unknown document property name.

STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT 1
City Council 27 – 27 7/16/2024
Error! Unknown document property name.

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

EXHIBIT 1
City Council 27 – 28 7/16/2024
Error! Unknown document property name.

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

EXHIBIT 1
City Council 27 – 29 7/16/2024
Attachment No. 1
-1-
Error! Unknown document property name.

ATTACHMENT NO. 1

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOTS 1 THROUGH 10 INCLUSIVE, IN BLOCK 2 OF FRUIT'S ADDITION TO SANTA ANA, IN THE CITY

OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 91 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.

EXCEPT FROM SAID PROPERTY ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS

OF EVERY KIND AND CHARACTER, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF SAID PROPERTY LYING MORE THAN 500 FEET BELOW

THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION

FOR OR PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID

PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF SAID PROPERTY OR ANY PORTION THEREOF WITHIN 500 FEET OF THE SURFACE

FOR ANY PURPOSE OR PURPOSES WHATSOEVER TO THE EXTENT SUCH RIGHTS TO DRILL

HAVE BEEN EXCEPTED BY THE PARTIES NAMED IN DEEDS, LEASES AND OTHER DOCUMENTS OF RECORD, BY DEED RECORDED FEBRUARY 7, 1986, AS INSTRUMENT NO. 86-53330 OF OFFICIAL RECORDS.

APN: 398-323-08
EXHIBIT 1
City Council 27 – 30 7/16/2024
Garden Court Project

RELOCATION PLAN
Prepared for:

C&C Development Co., LLC
14211 Yorba St., Suite 200
Tustin, CA 92780
(714) 288-7600
Prepared by:

Overland, Pacific and Cutler, a division of TranSystems 5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
(562) 304-2000
June 27, 2024
City Council 27 – 31 7/16/2024

TABLE OF CONTENTS
INTRODUCTION 1
I. PROJECT DESCRIPTION 3
A. REGIONAL LOCATION 3
B. PROJECT SITE LOCATION AND DESCRIPTION 3
II. ASSESSMENT OF RELOCATION NEEDS 5
A. SURVEY METHOD 5
B. OCCUPANT DATA 5

1. Current Occupants 5

2. Income 5

3. Language 5

4. Senior/Handicapped Households 5

5. Permanent Replacement Housing Needs 6

6. Preferred Area to Relocate 6
III. RELOCATION RESOURCES 7
A. TEMPORARY HOUSING NEEDS 7
B. PERMANENT REPLACEMENT HOUSING AVAILABIILTY 7

1. Rental Replacement Housing 7

2. Summary 8
C. RELATED ISSUES 8

1. Concurrent Residential Displacement 8
IV. THE RELOCATION PROGRAM 9
A. ADVISORY ASSISTANCE 9
B. QUALIFIED TENANT RELOCATION BENEFITS 10
C. PERMANENT RELOCATION BENEFITS 11
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS14 E. PROGRAM ASSURANCES AND STANDARDS 15
F. CITY OF SANTA ANA RSO AND JCO 15
G. LAST REORT HOUSING 15
H. RELOCATION TAX CONSEQUENCES 16
I. GRIEVANCE PROCEDURES 16
V. ADMINISTRATIVE PROVISIONS 17
A. NOTICES 17
B. PRIVACY RECORDS 18
C. EVICTION POLICY 18
D. CITIZEN PARTICIPATION 18
E PROJECTED DATE OF DISPLACEMENT 19
F. ESTIMATED RELOCATION COSTS 19

LIST OF TABLES
TABLE 1: Available Replacement Rental Housing 7
TABLE 2: Fixed Move Schedule 12
TABLE 3: Example rental Assistance Payment Calculation 13 City Council 27 – 32 7/16/2024

LIST OF EXHIBITS
EXHIBIT A: HUD INCOME LIMITS
EXHIBIT B: AVAILABLE REPLACEMENT UNITS
EXHIBIT C: INFORMATIONAL STATEMENT
EXHIBIT D: NOTICE OF NON-DISPLACEMENT
EXHIBIT E: NOTICE OF ELIGIBILITY
EXHIBIT F: NOTICE TO VACATE
EXHIBIT G: PUBLIC COMMENTS & RESPONSES
City Council 27 – 33 7/16/2024
1 INTRODUCTION
C&C Development Co., LLC (Owner) has authorized the preparation of a Relocation Plan to be undertaken in connection with planning for the proposed rehabilitation of rental housing units located at 300 E. Santa Ana Boulevard, Santa Ana, CA 92701 (Project site) known as Garden Court (Project). The Owner plans to rehabilitate 84 units, including both the building exterior and unit interiors.

Improvements will include:

Interior Exterior
New cabinets Replace building lighting
New countertops Replace landscaping
New interior lighting Replace playground equipment
New HVAC equipment Stucco repairs
New doors and frames New paint
Replace Appliances Roofing
Drywall repairs New windows
New flooring throughout New decking
Repaint interiors
The Project consists of 84 total units: 24 one-bedroom units and 60 two-bedroom units. It is anticipated that nine units will be at 30% area median income (AMI), nine units will be at 50% AMI, 29 units will be at 60% AMI, and 36 units will be at 70% AMI. The remaining unit will be an unrestricted manager’s unit. AMI levels are based on the HUD Income Limits as shown in Exhibit A. There will be no loss of units and bedroom counts will remain the same postrenovations.

The building has four quadrants, each with 21 units. The Project construction plan proposes that each quadrant will be rehabilitated by itself, resulting in four phases to the Project. Each quadrant will take approximately six months to complete.

To renovate the first quadrant, 15 households will be permanently relocated, and a certain number of households will be moved to other Project units temporarily to clear one quadrant. (There are currently six vacant units). Once that quadrant has been rehabilitated, 21 qualified Project households will be moved directly one-time into a newly renovated Project unit, and this process will continue quadrant by quadrant as renovations are completed. When the final quadrant has been completed, any previously displaced qualified tenants will be offered the first right of refusal to return to a Project unit.

The Owner anticipates utilizing financing including Tax-Exempt Bonds, a Seller Carryback Loan, a Deferred Developer Fee, Seller Contribution, Income from Operations, and Limited Partner Equity in the form of Federal Tax Credits.

Due to the proposed funding sources, the Relocation Plan and the relocation program described within meets the requirements of California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq. (Guidelines).

City Council 27 – 34 7/16/2024
2 Overland, Pacific & Cutler, LLC (“OPC”), an experienced relocation consulting firm, has been retained to prepare this Relocation Plan (“Plan”) in compliance with regulatory and statutory requirements, to evaluate the present circumstances of affected tenants, identify the permanent housing requirements of the tenants, and to describe the Owner’s on-site moves and permanent relocation plans and available resources.

As of the date of this Plan, 63 households will move one-time into newly renovated Project units on-site, and 15 households will be permanently relocated. (There will also be a certain number of households who will be moved temporarily into other Project units, but the exact number of households is unknown at this time). The needs and characteristics of the Project residents and the Owner’s program to provide assistance to each affected person are general subjects of this Plan.

This Plan is organized in five sections:

1. Project description (SECTION I);

2. Assessment of the relocation needs of persons subject to permanent displacement (SECTION II);

3. Assessment of available permanent replacement housing for the Project residents (SECTION III);

4. Description of the Owner’s relocation program (SECTION IV);

5. Description of the Owner’s Project timeline and budget (SECTION V).

City Council 27 – 35 7/16/2024
3 I. PROJECT DESCRIPTION
A. REGIONAL LOCATION
The Project is located in the City of Santa Ana within Orange County. The Project site is immediately accessible from Interstate 5 and State Highways 22 and 55 (Figure 1: Regional Project Location). Surrounding communities include Orange, Tustin, Irvine, Fountain Valley and Garden Grove.

Figure 1: Regional Project Location
B. PROJECT SITE LOCATION AND DESCRIPTION
The Project site is located at 300 E. Santa Ana Boulevard, Santa Ana, CA 92701 and its general boundaries include E. Santa Ana Boulevard, N. Spurgeon Street, E. 5th Street and French Street.

The site spans 1.44 acres and one parcel improved with one building with 84 units. As of the date of this Plan, 80 units are occupied by tenants, one unit is occupied by an on-site manager, and three units are vacant (Figure 2: Project Site and Figure 3: Project site with addresses).

City Council 27 – 36 7/16/2024
4 Figure 2: Project site
City Council 27 – 37 7/16/2024
5 II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary for the preparation of this Plan, OPC interviewed or attempted to interview the Project residents in March and April 2024. Despite multiple attempts, one household did not respond to multiple interview requests via phone messages, door knocking, cards left and property management outreach. Data on the Project households was also provided to OPC by the Owner in March 2024.

For the interviewed households, OPC collected information about the household composition and current circumstances, special needs related to permanent relocation, preferred language, disabilities, gross annual income, and an assessment of personal property to be relocated.

B. OCCUPANT DATA

1. Current Occupants
As of the date of this Plan, there are 84 units to be rehabbed for the Project of which 78 are currently occupied. Sixty-nine of the households (including the manager) are qualified to remain in a Project unit, and nine households are over-income. However, an additional six households will be permanently displaced to facilitate the construction plan previously described.

The Project households range in size from 1-8 individuals and occupy one- and two-bedroom apartment units. The specific households who will be permanently displaced are unknown at this time, but this Relocation Plan will be updated with specific tenant data closer to the funding application in August 2024.

2. Income
Information regarding gross household income was provided by the Developer in July 2024.

According to income standards for Orange County (Exhibit A) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), 23 households qualify as Extremely Low Income (30% AMI or below), 25 households qualify as Very Low Income (31% - 50% AMI), 24 households qualify as Low Income (51% -80% AMI), and 6 households are above Low Income (over 80% of AMI). Of the Extremely Low Income households, four currently have section 8 vouchers. The six over-income households presently occupy market rate units. The specific income levels for the households to be permanently displaced will be determined once the 15 households to be relocated are identified.

3. Language
The preferred languages for the Project households are English and Spanish. All verbal communication and required written notices will be provided in the language understood by the tenant and a bilingual relocation agent will be provided, as necessary.

4. Senior/Handicapped Households
It is unknown at this time how many senior or disabled tenants will be permanently displaced.

However, appropriate steps will be taken to accommodate mobility challenges and to provide City Council 27 – 38 7/16/2024
6 suitable housing on a first floor or with access to an elevator and an ADA compliant unit when necessary. In addition, all senior and disabled Project tenants will receive extra assistance to make sure their units are move-ready, to move them to their new accommodations on-site or permanent replacement housing off-site and to accommodate any other special needs they may have.

5. Permanent Replacement Housing Needs
Replacement housing needs, as expressed in this plan, are defined by the total number of required replacement units and distribution of those units by bedroom size. The projected number of required units by bedroom size is calculated by comparing current data for household size with the Owner’s replacement housing occupancy standards. These standards, generally, allow for up to two persons in a studio unit, three persons in a one-bedroom unit, five persons in a twobedroom unit, seven persons in a three-bedroom unit and nine or more persons in a four-bedroom unit.

When determining the comparable size of the replacement unit under the State relocation programs, the number of all household members is taken into consideration regardless of legal presence status.

Because the specific 15 households who will be permanently displaced have not yet been identified, based on current household sizes, it is assumed the replacement housing needs may include one-, two-, three- and four-bedroom apartments units.

The Project site is within a densely populated mixed-use area with retail shopping, personal services, restaurants, medical facilities, parks, schools, opportunities for employment, public facilities, social services, and public transportation.

6. Preferred Area to Relocate
Once the households to be permanently displaced have been identified, they will be interviewed to determine their preferred areas to relocate.

City Council 27 – 39 7/16/2024
7 III. RELOCATION RESOURCES
A. TEMPORARY HOUSING NEEDS
The Owner’s planned rehabilitation and scope of work for the unit upgrades will require 21 households every six months over three phases to move directly into renovated units as their new permanent Project units. Initially, a certain number of households will be required to move on-site into other Project units temporarily. Therefore, no off-site temporary housing will be required.

B. PERMANENT REPLACEMENT HOUSING NEEDS AND AVAILABILITY Prior to the first phase of construction, 15 households will be required to move off-site as permanent relocations. (Nine of the 15 households are over-income households). Together with the six vacancies plus a certain number of Project households that will have to move to other units on-site, the permanent displacements will create 21 vacant units in one quadrant to allow for the remaining Project households to stay on-site during construction until it is time to permanently move into newly renovated units one quadrant at a time over three phases on a rolling basis.

The income-qualified tenants who must permanently relocate off-site will have the first right of refusal to return to a Project unit after construction on the fourth and final quadrant has been completed.

For residential housing, a resource survey was conducted to identify available comparable rental units within proximity to the Project site. The following sources were utilized:
-- Classified rental listings from local newspapers and For Rent publications -- Internet sources of rental opportunities

1. Residential Rental Housing
A replacement housing survey was conducted in May 2024 to look for available one-, two-, three- and four-bedroom apartments for rent in Santa Ana and in proximity to the Project site.

This data as of the date of this Plan ultimately located within five miles of the Project site is summarized in Table 1 below and in Exhibit B.

Table 1: Availability and Cost of Replacement Rental Housing # of Bedrooms One Two Three Four
# Found 24 24 18 4
Rent Range $1,995 - $2,728 $2,495 - $3,099 $3,200 - $4,299 $3,200 - $4,200 Median Rent $2,245 $2,775 $3,550 $3,975
The available units identified were in residential and mixed-use neighborhoods with access to restaurants, retail stores, medical facilities, social services, opportunities for employment, public transportation, parks, schools and opportunities for employment.

The median rent amount shown in the table is among the figures used to make benefit and budget projections for the Plan. This amount is, naturally, subject to change according to the market rates prevailing at the time of displacement.

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8 2. Summary
Considering the above-described availability of replacement housing resources gathered, it appears there are an adequate number of replacement units for the residential occupants.

While adequate replacement resources exist for the tenants, based on survey results of rental opportunities and the tenants’ current rent, some tenants may have an increase in monthly rent.

Possible increases, if any, will be met through the Owner’s obligation under the relocation regulations, including Last Resort Housing (LHR) requirements. (See Section IV, E).

C. RELATED ISSUES

1. Concurrent Residential Displacement
There are no known public projects anticipated in the Project area that will cause significant displacements during the timeframe of anticipated initiation of Project displacements. No residential displacee will be required to move without both adequate notice and access to available, comparable, affordable, decent, safe and sanitary housing.

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9 IV. THE RELOCATION PROGRAM
The Owner’s Relocation Program is designed to be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, and consistently apply all criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The Owner will provide tenants the assistance, rights and benefits required under the standards and provisions set forth in the State law and regulations and all other applicable regulations and requirements. The relocation program will provide both advisory and financial assistance. Every effort will be made to facilitate relocation arrangements and minimize hardships for the tenants.

The Owner will retain OPC, a multi-lingual consulting firm, to administer the Relocation Program for the tenants. OPC has worked on more than 6,000 public acquisition and relocation projects for more than 46 years. Experienced Owner staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations per applicable program requirements.

OPC staff will be available to assist any relocated person and/or household with questions about the relocation process, relocation counseling and/or assistance in relocating. Relocation staff can be contacted at (800) 400-7356 from 8:00 am to 5:00 pm Monday through Friday and are available via voicemail and/or cellular phones after hours. The Relocation Office is located at 5000 Airport Plaza Drive, Suite 250, Long Beach, CA 90815. Relocation staff will assist tenants at hours convenient for the tenants and will go to the tenants rather than requiring them to come to an OPC office.

The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits).

A. ADVISORY ASSISTANCE
Advisory assistance services are intended to inform the tenants about the Owner’s relocation program, help in the process of securing appropriate permanent replacement accommodations, facilitate claims processing, maintain a communication link with the Owner and coordinate the involvement of outside service providers.

To follow through on the advisory assistance component of the relocation program and assure that the Owner meets their obligations under the law, OPC relocation staff will perform the following functions:

1. Distribute appropriate written information concerning the Owner’s relocation program (Exhibit C);

2. Inform the eligible households of the nature of, and procedures for, obtaining available relocation benefits;

3. Determine the needs of each household eligible for assistance (including interviews with the persons to be permanently displaced wherein they may indicate special accommodation requests and/or special needs related to permanent relocation); City Council 27 – 42 7/16/2024
10 4. Provide tenants with access to available decent safe and sanitary permanent housing within a reasonable time prior to the moves;

5. Provide transportation to the tenants and their personal property, if necessary, to the permanent accommodations;

6. Inspect permanent housing to assure it meets decent, safe and sanitary standards as described in the CRAL;

7. Assist eligible occupants in the preparation and submission of relocation assistance claims;

8. Provide additional reasonable services necessary to successfully relocate occupants;

9. Make benefit determinations and payments in accordance with applicable laws and the Owner’s adopted relocation guidelines;

10. Provide each qualified household with a minimum of 30 days written notice to relocate on-site and each household to be permanently displaced off-site with at least 90 days written notice to vacate;

11. Inform all tenants of the Owner’s policies in writing and verbally with regard to eviction and property management;

12. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Owner’s decisions with respect to relocation assistance; and

13. Provide assistance that does not result in different or separate treatment based on or due to an individual’s sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status.

Adequate written and verbal notice and access to affordable decent, safe and sanitary housing will be provided with all requests made to tenants to vacate. Personal contact via phone, text, email, mail and in person, as applicable, will be maintained with all households during the relocation process.

B. QUALIFIED TENANT RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with all residents. In the course of the interview and follow-up visits, each household will be counseled as to available options and the consequences of any choice with respect to financial assistance.

The Owner pledges to appropriate special care for households requiring additional assistance in the event of unforeseen circumstances. Relocation assistance information and counseling will be provided in the primary language of the displaced occupants to ensure that all residents obtain a complete understanding of the rehabilitation program and eligible accommodations and services provided. Addition translation services will be provided upon request.

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11 Each time the renovations of one quadrant have been completed, 21 households from a different quadrant will move directly into the newly renovated units as their permanent Project homes until all quadrants have been completed and all Project residents have been moved one-way into renovated units. As stated previously, initially, a certain number of households will need to move into other Project units temporarily to clear one entire quadrant to begin the construction within the first quadrant. Those households will need to move twice on-site.

Residents’ furniture and personal property will be moved to their new permanent Project unit by a professional moving company, or they may elect to claim a Fixed Moving Payment based on the most current Federal Fixed move Payment Schedule (current schedule shown on Page 12). Packing and unpacking services will also be offered and provided to all residents at no cost to the residents, if requested. If a household elects to opt out of the packing/unpacking option, packing materials will be provided to residents 2-4 weeks prior to move out days.

Residents will be given at least 30 days’ written notice to vacate and move into their temporary and/or new permanent Project units, and advisory services will be provided throughout the relocation process. Relocation staff will provide all required relocation assistance to the households who will move one-way into newly renovated units.

The Owner will directly pay the selected moving company to pack/unpack and move the tenants’ personal property and will reimburse tenants for any utility transfer or one-time hook-up fees.

Therefore, no tenant should incur any out-of-pocket costs associated with the relocations on-site.

However, in the event a tenant does incur a cost related to the relocation on-site, the Owner will reimburse all eligible, reasonable and necessary costs.

C. PERMANENT RELOCATION BENEFITS
Permanent relocation benefits will be provided to non-qualified tenants and tenants required to move permanently to create an empty quadrant in accordance with the provisions of the State Relocation Law and Guidelines, and the Owner rules, regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the Owner’s normal administrative procedures.

The Owner will process advance payment requests to mitigate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month’s rent and/or security deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing.

Tenants who will be permanently displaced will be eligible for the following relocation assistance:

1. Residential Moving Expense Payments
All eligible residential occupants to be permanently relocated from the Project site will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move, or a fixed payment based on a roomcount schedule, or a combination of both. a. Actual Cost (Professional Move)
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12 Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Owner in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition to the actual move, costs associated with utility re-connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling or ancillary structures on the property. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in (a), above.

The current schedule for fixed moving payments is set forth in Table 2 following:

2. Rental Assistance for Tenant Occupants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling.

Except in the case of Last Resort Housing situations (Section E, Page 15), payments to households will be payable over a 42-month period and limited to a total maximum payment of $5,250 as stated under the Guidelines. (More information regarding rental assistance and TABLE 2: Schedule of Fixed Moving Payments (effective as of August 2021) Unfurnished Dwelling
One room $780
Two rooms $1,000
Three rooms $1,250
Four rooms $1,475
Five rooms $1,790
Six rooms $2,065
Seven rooms $2,380
Eight rooms $2,690
each additional room $285
Furnished Dwelling
First Room $510
Each additional room $85100
$85
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13 Last Resort Housing will be provided in detail in the informational brochure (Exhibit C) that will be provided to each household at the initiation of relocation activities.) Table 3 below portrays an example of a benefits determination under the State relocation program:

TABLE 3: Example Computation of Rental Assistance Payments

1. Old Rent $650 Old Rent and Utilities
or

2. Ability to Pay $700 30% Adjusted, Monthly, Gross Household Income (State)*

3. Lesser of lines 1 or 2 $650 Base Monthly Rental
Subtracted From:

4. Actual New Rent $750 Actual New Rent and Utilities
or

5. Comparable Rent $775 Determined by District (includes utilities)

6. Lesser of lines 4 or 5 $750

7. Yields Monthly Need: $100 Subtract line 3 from line 6 Rental Assistance $4,200 Multiply line 7 by 42 months
*Gross adjusted income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care.

Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person.

The base monthly rent for the displacement dwelling is the lesser of:
(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Owner; or City Council 27 – 46 7/16/2024
14 (ii) Thirty percent (30%) of the displaced person’s average, monthly, adjusted gross household income. If a tenant refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities

3. Downpayment Assistance to Tenants Who Choose to Purchase The displaced households may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit.

Residential tenants, who are otherwise eligible to receive the Rental Assistance Payment described above, may choose to receive a lump sum payment equal to forty-two months of rental subsidy (including Last Resort Housing benefits) to purchase a new home.

A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of Owner funds, in the event escrow should fail to close within a reasonable period of time.

Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household’s occupants, length of occupancy and income.

To be eligible to receive the rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the Project site.

D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Owner within 30 days from the date the qualified tenant moves to a new unit. Permanently displaced households must file claims for relocation benefits within 18 months of moving from the Project site.

The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows:
1) Tenants(s) will provide all necessary documentation to substantiate eligibility for assistance;
2) Relocation staff will follow up with all temporarily displaced households within one week of return to the permanent unit to remind them of the opportunity to file a claim and will follow up with permanently displaced households within six months of the expiration of the claims period;
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15 3) Assistance amounts will be determined in accordance with the provisions of the applicable relocation law and guidelines;
4) Required claim forms will be prepared by relocation personnel and reviewed with tenants. Signed claims and supporting documentation will be submitted by relocation personnel to the Owner;
5) The Owner will review all claims for payment and determine whether to approve, deny, or seek additional information;
6) Final payments to residential permanent displacees will be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified;
7) All correspondence, back-up documentation, claims, receipts of payment and notices will be maintained in the relocation case file.

E. PROGRAM ASSURANCES AND STANDARDS
Adequate funds are available to relocate the Project households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, the Unruh Act, Title VIII of the Civil Rights Act of 1968, as well as any other arbitrary or unlawful discrimination.

F. CITY OF SANTA ANA RSO AND JCO
To the extent that the new regulatory agreement restricting 100 percent of the units, other than the manager’s unit, has not yet been recorded, Section 8-3120.b.2.D of the City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance shall apply. However, the Project is eligible for an exemption per Division 2.b.D, intent to demolish or substantially remodel the property.

G. LAST RESORT HOUSING
Based on housing cost and income data derived from the occupants and costs of replacement housing resources, it is anticipated that “comparable replacement housing” may not be available as required for the non-qualified households. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person’s average monthly income, Last Resort Housing must be provided.

Therefore, if the Project is to go forward, the Owner will authorize funds to provide housing of last resort. In this situation, funds will be used to make payments in excess of the monetary limit specified in the statute ($5,250); hence, satisfying the requirement that “comparable replacement housing” is available.

A displaced tenant household will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed replacement housing assistance eligibility exceeds $5,250 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceed 30% of the person’s average monthly income (financial means) or when a tenant fails to meet the 90-day occupancy requirement and comparable City Council 27 – 48 7/16/2024
16 replacement rental housing is not available within the displaced person’s financial means.

Calculations of Last Resort rental assistance benefits for tenants who fail to meet the 90-day occupancy requirement will be based solely on household income. Non-90-day qualifiers must meet basic eligibility requirements applied to all other displacees.

Recipients of Last Resort rental assistance, who intend to purchase rather than re-rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling.

H. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Owner or OPC. Tenants are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments.

I. GRIEVANCE PROCEDURES
The Owner's Relocation Appeals process will be consistent with the provisions within the Guidelines. The right to appeal shall be described in all relocation explanatory material distributed to tenants via mail or in-person visits.

Tenants will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, payment amounts, and the failure to provide comparable temporary housing or the Owner's property management practices Requests for administrative review and informal hearings will be directed to the Owner’s Principal, Todd Cottle, who can be reached at [email protected] or (714) 288-7600. All requests for review will receive written responses from the Owner within three weeks of their receipt. If an informal appeal is denied, appellants will be entitled to file a written request for a formal hearing before an impartial and independent hearing officer. The Owner will provide interpretation services for appeals hearings, if requested by the household.

The appellant does not have to exhaust administrative remedies first; the appeal/grievance can either go directly to HCD or directly to the Court. Any person and/or organization directly affected by the relocation plan may petition the Department of Housing and Community Development (HCD), located at 2020 West El Camino Avenue, Sacramento, CA 95833 to review the relocation plan or HCD can be contacted at 916-263-2769.

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17 More detail concerning the appeals process will be provided upon request. Appellants will retain their appeal rights for up to 18 months following the date of displacement from the Project premises or receipt of final payment for relocation benefits, whichever is later.

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18 V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Owner is required to provide to a Project occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language.

Persons who are unable to read and understand any notice will be provided with appropriate translation and counseling. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.

There are four principal notices:
1) Informational Statement
2) Notice of Non-Displacement (qualified tenants)
2). Notice of Eligibility (tenants to be permanently displaced) 3) Notice to Vacate
A Notice of Non-Displacement (NOND) will be distributed to each qualified tenant household (Exhibit D). The NOND to the household contains a determination of eligibility to remain in a Project unit post-rehab. The notice also describes the benefits for which the household is eligible.

The NOND will be issued to the qualified households once Project funding has been secured.

A Notice of Relocation Eligibility (NOE) will be distributed to each household to be permanently displaced (Exhibit E). The NOE to the tenants contains a determination of eligibility for relocation assistance under specific relocation programs and a computation of maximum entitlements based on information provided by the affected household and the analysis of comparable replacement properties identified by relocation staff. The households will receive NOEs as soon as the Project funding is approved, and all of the household information requested has been submitted by the households.

No resident will be asked to temporarily or permanently move to another on-site Project unit without having received at least 30 days’ advance written notice of the earliest date by which the move will be necessary. The Relocation Notice or Vacate Notice will state a specific date by which the occupants are required to move and will provide the address of the new Project unit for the household (Exhibit F). No household will be required to move permanently from the Project without having received at least 90 days’ advance written notice of the earliest date by which the move will be necessary (Exhibit F). A date-specific vacate notice will not be issued to any tenants before comparable replacement dwellings have been made available to them and the Relocation Plan has been approved by the local governing body.

In addition to the four principal notices, Owner staff will issue a timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the property, and
3) have not filed a claim for benefits.

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19 B. PRIVACY OF RECORDS
All information obtained from tenants is considered confidential and will not be shared without the consent of the tenant or the Owner. Owner staff will comply with regulations concerning the safeguarding of relocation files and their contents.

C. EVICTION POLICY

1. Eviction may cause the forfeiture of a tenant’s right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action.

2. Eviction may be undertaken for one, or more of the following reasons:
(a) Failure to pay rent, except in those cases where the failure to pay is due to the owner’s failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services;
(b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice;
(d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Failure to accept permanent accommodations and permanently vacate the unit when requested; or
(f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Owner.

D. RESIDENT PARTICIPATION
The Owner held a resident meeting with the Project households on March 13, 2024 to give residents information on the construction plans, timeline and relocation process. As the process for considering the Project moves forward, the Owner will observe the following protocol:

1. Provide affected tenants with full and timely access to documents relevant to the relocation program;

2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program;

3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials (the Project households will be provided with access to a copy of the Relocation Plan for review and comment once the draft Plan has been completed);

4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed approval (the Project households will be provided an Advisory Notice regarding the comment period with a copy of the Relocation Plan); and

5. Include written or oral comments concerning the Plan as an attachment (Exhibit G) when it is forwarded to the City of Santa Ana for approval.

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20 E. PROJECTED DATE OF DISPLACEMENT
Construction in the units is expected to begin in early 2025. The Owner anticipates issuing Notices to Temporarily Vacate to the tenants to temporarily relocate in early December 2024 with tenant temporary moves on-site to begin in March 2025. Construction is expected to be completed in March 2027.

For the households who will be required to move permanently, date specific Notices to Vacate are anticipated to be issued in December 2024, at least 90 days in advance of the date they must vacate.

F. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments to tenants and vendors for this Project is approximately $1,040,000. Once the specific households to be permanently displaced are identified, this estimate will be updated. The estimated costs will include rental assistance payment (permanent displacements only) and move assistance payments (all households).

If the Project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Owner will authorize any additional funds that may need to be appropriated. The Owner pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project.

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EXHIBIT A
HUD INCOME LIMITS – ORANGE COUNTY
The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in the County of Orange to define and determine housing eligibility by income level.

Figures are per the Department of Housing and Urban Development (California), updated in April 2024.

AreaMedian Income: $129,000
Family Size Extremely Low Very Low Low
1 Person 33,150 55,250 88,400
2 Person 37,900 63,100 101,000
3 Person 42,650 71,050 113,650
4 Person 47,350 78,900 126,250
5 Person 51,150 85,250 136,350
6 Person 54,950 91,550 146,450
7 Person 58,750 97,850 156,550
8 Person 62,550 104,150 166,650
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EXHIBIT B

AVAILABLE REPLACEMENT UNITS
(Will be updated closer to August application date)
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EXHIBIT C

INFORMATIONAL STATEMENT
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Relocation Assistance
Informational Statement
for Families and Individuals
(CA State)
Owner:

C&C Development Co., LLC
Project Name:

Garden Court
Owner Representative:

Overland, Pacific & Cutler, LLC, a division of TranSystems 5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
Phone: (800) 400-7356
Informational Statement Content:

1. General Information

2. Assistance In Locating A Replacement Dwelling

3. Moving Benefits

4. Replacement Housing Payment - Tenants And Certain Others

5. Section 8 Tenants

6. Replacement Housing Payment – Homeowners

7. Qualification For And Filing Of Relocation Claims

8. Last Resort Housing Assistance

9. Rental Agreement

10. Evictions

11. Appeal Procedures – Grievance

12. Tax Status of Relocation Benefits

13. Non-Discrimination and Fair Housing

14. Additional Information And Assistance Available
Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente.

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Informational Statement for Families and Individuals
(CA State)

1. GENERAL INFORMATION
The dwelling in which you now live is in a project area to be improved by, or financed through, the Owner using state and/or local funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under state law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits, or it may take longer to pay you. We suggest you save this informational statement for reference.

The Owner has retained the professional firm of Overland, Pacific & Cutler, LLC (OPC), a division of TranSystems to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number are listed on the cover.

PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your agent at OPC, so you will not jeopardize any benefits. This is a general informational brochure only and is not intended to give a detailed description of either the law or regulations pertaining to the Owner’s relocation assistance program.

Please continue to pay your rent to the Owner, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Owner acquires the property, you will also be required to pay rent to the Owner.

2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
The Owner, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself.

When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized.

3. MOVING BENEFITS
If you must move as a result of displacement by the Owner, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods:
 A Fixed Moving Payment based on the number of rooms you occupy (see below); or  A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or
 A combination of both (in some cases).

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For example, you may choose a Self-Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule.

A. Fixed Moving Payment (Self-Move)
A Fixed Moving Payment is based upon the number
of rooms you occupy and whether or not you own
your own furniture. The payment is based upon a
schedule approved by the Owner, and ranges, for
example, from $510.00 for one furnished room to
$2,690.00 for eight rooms in an unfurnished dwelling.
(For details see the table). Your relocation agent will inform you of the amount you are eligible to receive,
if you choose this type of payment.

If you select a fixed payment, you will be responsible
for arranging for your own move, and the Owner will
assume no liability for any loss or damage of your
personal property. A fixed payment also includes
utility hook-ups and other related moving fees.

B. Actual Moving Expense (Professional Move)
If you wish to engage the services of a licensed commercial mover and have the Owner pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a “mover” scope of services for Owner approval.

4. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days prior to the initiation of negotiations.

A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent and estimated utilities or thirty percent (30%) of your gross monthly household income. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. - OR -
B. Down-payment Assistance. If you qualify and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment.

Where a tenant is sharing a dwelling with an owner-occupant and paying the owner-occupant rent for the privilege, the tenant shall not be entitled to more than one-half of the rental assistance otherwise payable.

5. SECTION 8 TENANTS
Fixed Moving Schedule
CALIFORNIA (Effective 2021)
Occupant Owns Furniture:
1 room $780
2 rooms $1,000
3 rooms $1,250
4 rooms $1,475
5 rooms $1,790
6 rooms $2,065
7 rooms $2,380
8 rooms $2,690
Each additional room $285
Occupant does NOT Own
Furniture:
1 room $510
Each additional room $100
City Council 27 – 59 7/16/2024
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits.

6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS
A. If you own and occupy a dwelling to be purchased by the Owner for at least 180 days prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items:

1. Purchase Price Differential - An amount which, when added to the amount for which the Owner purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Owner as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you.

2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions.

3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable.

B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling.

If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment.

7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following:
 For a tenant, the date you move from the displacement dwelling.  For an owner-occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court,: or
b. The date you move from the displacement dwelling.

City Council 27 – 60 7/16/2024
All claims for relocation benefits must be filed with the Owner within eighteen (18) months from the date on which you receive final payment for your property, or the date on which you move, whichever is later.

8. LAST RESORT HOUSING ASSISTANCE
If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Owner will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person.

Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance.

If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase.

9. RENTAL AGREEMENT
As a result of the Owner's action to purchase the property where you live, you may become a tenant of the Owner. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information.

10. EVICTIONS
Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons:
 Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services;  Performance of dangerous illegal act in the unit;
 Material breach of the rental agreement and failure to correct breach within the legally prescribed notice period;
 Maintenance of a nuisance and failure to abate within a reasonable time following notice;  Refusal to accept one of a reasonable number of offers of replacement dwellings; or  The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity.

11. APPEAL PROCEDURES - GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Owner’s Relocation Assistance Program may have the appeal application reviewed by the Owner in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Owner.

12. TAX STATUS OF RELOCATION BENEFITS
City Council 27 – 61 7/16/2024
California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. No federal dollars are anticipated for this project. Therefore, federal regulations may not apply and the IRS may consider relocation payments as income. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments.
(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein)

13. NON-DISCRIMINATION AND FAIR HOUSING
No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Owner’s relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Owner.

14. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at OPC.

City Council 27 – 62 7/16/2024

EXHIBIT D

NOTICE OF NONDISPLACEMENT
(Qualified households)
City Council 27 – 63 7/16/2024
Notice of Non-Displacement
<<DATE>>
<<HEAD-OF-HOUSEHOLD>> and All Other Occupants
300 S. Santa Ana Boulevard, Unit ____
Santa Ana, CA 92701
Dear Occupants:

C&C Development Co., LLC (Owner) is interested in rehabilitating the property you currently occupy at 300 S. Santa Ana Boulevard, Santa Ana, CA 92701 as part of the proposed Garden Court Project (“Project”). This notice is to inform you of your rights under State law. If the Owner moves forward with the Project, and you are required to move to a different Project unit, you will be eligible for relocation assistance under California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq. (Guidelines).

However, you do not have to move now.

This is not a notice to vacate the premises or a notice of relocation eligibility.

This is a notice of non-displacement.

You will not be required to move permanently as a result of the rehabilitation.

This notice guarantees you the following:

1. The Owner will pay for all eligible costs related to moving expenses, including the cost of moving to a newly renovated unit on-site and utility transfer fees.

2. The unit will be decent, safe and sanitary, and all other conditions of the move will be reasonable.

3. Upon completion of the rehabilitation, you will be able to lease and occupy a Project unit complex under reasonable terms and conditions.

4. You will have no less than 30 days’ notice to vacate your unit.

Since you will have the opportunity to occupy a newly rehabilitated apartment, and you are not being required to permanently vacate, we urge you not to move and to remain a tenant in good standing. You must continue to comply with the terms and conditions of your current lease.

You should continue to pay your monthly rent to your landlord, because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted before receiving such notice, you will not be eligible to receive relocation assistance. Please contact us before you make any moving plans.

City Council 27 – 64 7/16/2024
<<CONSULTANT NAME>> has been hired by the Owner to assist Project residents throughout the relocation process.

Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Owner’s Relocation Assistance Program may have the appeal application reviewed by the Owner in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Owner.

Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the Owner decides not to move forward with the Project, you will be notified in writing.

If you have any questions about this or any other relocation issues, please contact <<NAME>> at <<NUMBER>>.

Sincerely,
<<NAME>>
<<TITLE>>
<<COMPANY NAME>>
<<ADDRESS>>
<<ADDRESS>>
_________________________ Delivered on/by: ____________/_____________ Received by
X________________________ Posted on/by: ____________/_______________ Recipient’s Signature
_________________________ Mailed/receipt received on: _________/________ Date
City Council 27 – 65 7/16/2024

EXHIBIT E

NOTICE OF ELIGIBILITY
City Council 27 – 66 7/16/2024
Notice of Eligibility
<<DATE>>
<<NAME>>
300S. Santa Ana Boulevard, Unit _____
Santa Ana, CA 92701
Dear <<NAME>>:

C&C Development Co., LLC (the Owner) is proceeding with the project known as the Garden Court Project located at 300 S. Santa Ana Boulevard, Santa Ana, CA 92701.

You will not be required to move without at least 90 days’ advance written notice of the day by which you must vacate. However, you can contact us at any time for assistance with your move and to receive the benefits for which you are eligible.

This is a notice of eligibility for relocation assistance. You are eligible for relocation assistance and benefits under the Owner’s Relocation Assistance Program.

When you do move, you will be eligible for assistance per the requirements of California Relocation Assistance Law and the California Code of Regulations Title 25, Division 1, Chapter 6 (Title 25).

Additional information about your benefits was previously provided to you in the Informational Statement. You are eligible to receive the following benefits:

1. RELOCATION ADVISORY ASSISTANCE provided by Overland, Pacific & Cutler, LLC (TranSystems), a professional firm hired by the Owner to provide relocation assistance to you, such as referrals to replacement housing and help with filing for benefits.

2. MOVING EXPENSES: You will receive a payment to assist in moving your personal property. You may select one of the following payments:

A. A Fixed Moving Payment based on the number of rooms you occupy (from Informational Statement). Your entitlement under this option for __ rooms is $________; or B. A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or
C. A combination of both (in some cases).

3. REPLACEMENT HOUSING ASSISTANCE: You are eligible for a replacement housing payment to rent or purchase a replacement home. The payment will be based on several factors, including the cost of a "comparable replacement dwelling" and your average household income.

If you rent replacement housing, you may file a claim for a RENTAL ASSISTANCE payment, equal to the difference between the monthly rent and utilities necessary to rent a comparable replacement dwelling (as determined by the Owner) and the base monthly rent, multiplied by 42 months.

City Council 27 – 67 7/16/2024
A study was completed to determine the cost of comparable replacement housing in proximity to where you live. The study indicated that the comparable available housing has a monthly rent and estimated utilities of $_______ (rent of $________ and utilities of $______).

Base monthly rent is defined as the lesser of:
(1) $_________, which represents the average monthly rent ($_______) and average monthly utilities ($____) at your displacement dwelling (if you are paying no rent, the amount is based on the economic rental value of your dwelling); or (2) $_______, which represents thirty (30) percent of your gross monthly adjusted household income (If “N/A”, income was not used in the calculation because it has been determined the income information provided was insufficient evidence of income.) Based on the above, your base monthly rent amount is $________ and your maximum rental assistance payment is calculated below:

Maximum Rental Assistance Payment Calculation
1 Comparable Dwelling Cost $
2 Base Monthly Rent $
3 Monthly Difference (Line 1 minus Line 2) $
4 Maximum payment (difference times 42 months) $
Your actual payment depends on the cost of the replacement dwelling you decide to rent. If you rent and occupy a replacement dwelling that rents for less than the comparable dwelling, your rental assistance payment will be based on the actual cost of your replacement dwelling. If you rent and occupy a replacement dwelling that rents for more than the comparable dwelling, your rental assistance payment will be limited by the cost of the comparable dwelling.

If you BUY replacement housing (Downpayment Assistance) You may use the amount of your rental assistance payment for down payment assistance. Should you choose to buy (rather than rent) a decent, safe and sanitary replacement home, you may use the full amount of your rental assistance payment ($____________), as calculated above for a down payment and incidental expenses (typically known as “closing costs”) associated with the purchase of a replacement dwelling. You are not limited in the type of home you choose.

If you have received any amount as rental supplements, then those amounts will be deducted from all eligible down payment calculations. Let us know if you would prefer to buy a replacement home, and we will help you find such housing.

To be eligible for a replacement housing payment described above, you must rent or purchase and occupy a decent, safe and sanitary replacement dwelling within 12 months, as well as file claims for replacement housing or moving payments within 18 months from the date you move from your displacement dwelling. Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits.

You do not have to accept any dwelling referred to you by the Owner. You may choose your own replacement, but to qualify for relocation assistance payments it must first be inspected to assure that it meets the “decent, safe and sanitary” standards.

City Council 27 – 68 7/16/2024
For this reason, DO NOT MOVE from your home and DO NOT CONTRACT to rent or purchase a replacement dwelling without first contacting your relocation agent. The “decent, safe and sanitary” inspection is not a substitute for a professional housing inspection.

The Relocation Assistance Program is very complex. It is important that you carefully read and understand the matters explained in this notice and in the Informational Statement which was provided to you.

If at any time you have questions or need assistance, please contact your relocation agent:
<<AGENT NAME>>
5000 Airport Plaza Drive, Suite 250
Long Beach, CA 90815
(800) 400-7356
Sincerely,
Attachment (referrals)

ACKNOWLEDGMENT BY OCCUPANTS
I was personally contacted by the Relocation Agent for the Owner. I have been given a copy of this notice and I have had the available services and entitlements explained to me. I have been advised that the Relocation Agent will be available to assist me if any questions arise or assistance is needed.

Name: Signature: Date:

City Council 27 – 69 7/16/2024

EXHIBIT F

NOTICES TO VACATE
City Council 27 – 70 7/16/2024

NOTICE TO RELOCATE
<<DATE>>
<<HEAD OF HOUSEHOLD NAME>> and all other occupants
300 S. Santa Ana Boulevard, Unit _____
Santa Ana, CA 92701
Re: Notice to Relocate
Dear <<NAME>>:

C&C Development, Co., LLC (“Owner”) notified you previously of proposed plans to rehabilitate the property you currently occupy at 300 S. Santa Ana Boulevard, Santa Ana, CA 92701. .

It has now been determined by the Owner that it is necessary for you to vacate your current unit no later than midnight on <<DATE>>. You will be moving to Unit _____.

We will be contacting you shortly to coordinate and explain the details of your move and the benefits for which you may be eligible. You will receive moving assistance and advisory services, which will be explained to you when you meet with our relocation specialist.

In order not to delay the rehabilitation process, it is very important that we work together to help you move, because you must move out of your current unit by midnight on <<DATE>>.

If you have any questions regarding this or any other relocation issues, please contact your relocation agent, <<NAME>> at <<NUMBER>>.

Sincerely,
<<NAME>>
<<TITLE>>
<<ORG>>
City Council 27 – 71 7/16/2024
90-Day Notice to Vacate
<<DATE>>
<<HEAD OF HOUSEHOLD NAME>> and all other occupants
300 S. Santa Ana Boulevard, Unit _____
Santa Ana, CA 92701
Dear <<NAMES>>:

C&C Development Co., LLC (“Owner”) notified you previously of proposed plans to rehabilitate the property you currently occupy at 300 S. Santa Ana Boulevard, Santa Ana, CA 92701 (called here the “Premises”). The Owner has now determined that it will be necessary for you to vacate the Premises.

Notice is hereby given that the Owner elects to terminate your tenancy beginning <<DATE>> and ending <<DATE>>, and you are hereby to quit and deliver up possession of the property you occupy on or before <<DATE>>. If you do not vacate the Premises by that date, the Owner will initiate legal proceedings to recover possession of the Premises, along with any rents and damages.

During this period, OPC/TranSystems will be available to provide assistance with referrals to replacement sites, coordination with movers and other vendors, the processing of relocation benefit claim forms, and other tasks to help facilitate your relocation. Please contact your relocation agent listed below if you have any questions regarding this notice or the relocation process. Upon vacating your unit, you are responsible for removing all of your personal property, delivering the Premises in satisfactory condition and turning in the keys to your relocation agent.

Sincerely,
_________________________ Delivered on/by: ___________/____________ Received by
X________________________ Posted on/by: ___________/______________ Recipient’s Signature
_________________________ Mailed/receipt received on: _______/_______ Date
City Council 27 – 72 7/16/2024

EXHIBIT G

PUBLIC COMMENTS & RESPONSES
City Council 27 – 73 7/16/2024
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY OF EXEMPT FACILITY BONDS FOR THE GARDEN COURT

APARTMENTS
WHEREAS, C&C Development Co., LLC (the “Developer”), on behalf of a limited partnership or other entity to be created by the Developer or an affiliate of the Developer (such limited partnership or other entity being referred to herein as the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $55,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 300 East Santa Ana Boulevard, Santa Ana, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Ana (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;

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

Section 1. The above recitals are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.

It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

EXHIBIT 3
City Council 27 – 74 7/16/2024
Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The City Manager and applicable Executive Directors of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby.

Section 6. This resolution shall take effect immediately upon adoption.

ADOPTED this ___ day of _________, 2024.
_______________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:__________________________
Name: Matthew R. Cody, Esq.

Special Counsel to the City
Best, Best, & Krieger
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
EXHIBIT 3
City Council 27 – 75 7/16/2024

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

Date: _________________________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
EXHIBIT 3
City Council 27 – 76 7/16/2024
Planning and Building Agency
www.santa-ana.org/planning-and building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Abatement of Dangerous and Abandoned Buildings

AGENDA TITLE
Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings
Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date.

RECOMMENDED ACTION

1. Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR

DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC
NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE

2. Determine that the proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended.

GOVERNMENT CODE §84308 APPLIES: No
City Council 28 – 1 7/16/2024
Dangerous and Abandoned Buildings
July 16, 2024

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Santa Ana City CouncilJuly 16, 2024

Santa Ana City Council
July 16, 2024