Agenda packet — Santa Ana City Council, August 20, 2024 (part 6 of 6)

City Council 36 – 303 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) 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 an 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.

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.

Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

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City Council 36 – 307 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and

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City Council 36 – 308 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; (2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.

Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

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City Council 36 – 310 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

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City Council 36 – 311 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collectsPII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

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City Council 36 – 313 8/20/2024
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

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Standard Assurances
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(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

39. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Security Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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Planning and Building Agency
www.santa-ana.org/planning-division
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive)

AGENDA TITLE
Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) (Second Reading)
Legal notice published in the OC Reporter on August 9, 2024.

RECOMMENDED ACTION

1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01.

ORDINANCE NO. NS-3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024- 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH

PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND

USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW

PROPOSED USES, AND TO INCLUDE ADDITIONAL

COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE

THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT
NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272- 09, 414-272-10, AND 414-261-01)

2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be re-filed for this project.

GOVERNMENT CODE §84308 APPLIES: Yes
Yes.

City Council 37 – 1 8/20/2024
ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 20, 2024

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DISCUSSION
At its August 6, 2024 regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning the ordinance for the project located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive).

The City Council unanimously approved the first reading of ZOA No. 2024-01 as presented by staff.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 6 of the original staff report has been prepared and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off-site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance.

CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions:

1. The project is consistent with:

A. A community plan adopted as part of a general plan,
B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or City Council 37 – 2 8/20/2024
ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 20, 2024

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C. A general plan of a local agency, and

2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.

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

The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off-site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above-listed topics analyzed in the environmental review.

The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures related to air quality, cultural resources, geology and soils, and noise, the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, City Council 37 – 3 8/20/2024
ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 20, 2024

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tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project.

ECONOMIC AND FISCAL IMPACTS
The proposed development associated with the amendment request is anticipated to generate a total of 687 permanent jobs (425 on-site and 262 off-site) and 555 one-time jobs associated with its construction. Additionally, the project would deliver a substantial positive impact to the City’s economy with the production of goods and services increasing by $256.1 million annually, as calculated and presented by City of Sana Ana consultant DTA (formerly known as David Taussig and Associates) in the Fiscal and Economic Benefit Analysis contained in Exhibit 2 (August 6, 2024 City Council Staff Report). This growth in jobs and economic output would have a positive impact on the City, as it would expand its economic base, thereby providing a strong foundation for the City’s continued economic growth and fiscal health.

Additionally, the associated redevelopment with the amendment request is anticipated to generate a sizable annual recurring incremental fiscal surplus at build-out of $257,736 based on the generation of $460,412 in annual recurring revenues including property taxes, sales tax, licenses and permit, service fees, and other applicable local taxes and $202,676 in recurring annual costs that include Police, Fire, Public Works, Parks and Recreation, Community Development Department services, Library, Museum, and general government services, as calculated and presented by City of Sana Ana consultant DTA in the Fiscal and Economic Benefit Analysis contained in Exhibit 2 (August 6, 2024 City Council Staff Report). The annual revenues generated are projected to equal 2.27 times the associated City General Fund costs thus generating a positive net fiscal impact.

EXHIBIT(S)

1. Zoning Ordinance Amendment Ordinance

2. August 6, 2024 City Council Meeting Link
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 37 – 4 8/20/2024
Ordinance No. NS-XXXX

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ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2024-01 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO.
58 (SD-58) TO ESTABLISH PERMITTED AND

CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND

USES, ESTABLISH DEVELOPMENT STANDARDS FOR

THE NEW PROPOSED USES, AND TO INCLUDE

ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS

AND UPDATES, TO FACILITATE THE CONSTRUCTION OF

A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE

SOUTH COAST TECHNOLOGY CENTER LOCATED AT
3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER
DRIVE (APNS: 414-272-09, 414-272-10, AND 414-261-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. C.J. Segerstrom and Sons (“Applicant” and “Property Owner”), is requesting approval of Zoning Ordinance Amendment (“ZOA”) No. 2024-01 amending Specific Development No. 58 (“SD-58”) in order to facilitate the construction of a new industrial park development named the South Coast Technology Center located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). The proposed amendments to SD-58 would establish permitted and conditionally permitted light industrial land uses, and would include text amendments to various sections of SD-58, including development standards for signage, height, perimeter fencing, off-street parking, and landscaping, as well as project phasing, operational standards and development standards for the new light industrial uses proposed.

B. On October 15, 1990, the City of Santa Ana City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application No. 1043, and Development Agreement No. 1990-03, and certifying an Environmental Impact Report. These approvals rezoned certain properties from the Light Industrial (M-1) zoning district to Specific Development (SD), established the SD-58 zoning district, and permitted the development of an office/industrial park (“Lake Center Business Park”).

C. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving ZOA No. 2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools, within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 City Council 37 – 5 8/20/2024
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approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard.

D. The Lake Center Business Park was constructed in the mid- to late-1980s, generally in compliance with the original development plans approved by Ordinance No. NS-2089. However, the business park includes a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed.

E. Due to the surrounding area not materially upgrading to the original vision of SD-58, the surrounding area remains largely industrial in nature, which has made it challenging for the Property Owners to attract office tenants.

Moreover, following the COVID-19 (coronavirus disease 2019) pandemic, shifting market trends have resulted in a decline in demand to lease traditional office spaces. Therefore, the property owner seeks the redevelopment of 3100 W. Lake Center Drive, which may include a variety of uses, such as corporate offices, Research and Development (R&D), light manufacturing, and warehousing, among other industrial uses.

F. The proposed amendments to the SD-58 support and are consistent with multiple General Plan goals and policies relating to the elements of Land Use, Urban Design, and Economic Prosperity. Attachment 1 to this Ordinance contains a full list of all applicable General Plan goals and policies that support the project.

G. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 2-153, the applicant has demonstrated compliance with all requirements of the Sunshine Ordinance, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project.

H. On July 8, 2024, the Planning Commission held a duly-noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2024-01.

I. On, August 6, 2024 the City Council held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard.

J. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2024-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.

City Council 37 – 6 8/20/2024
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Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 3. The City Council finds and determines that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review that has been prepared and peer reviewed by a qualified CEQA consultant hired by the City included in the Planning Commission Staff Report for July 8, 2024, assesses the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (“GPU EIR”). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off-site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance.

1. The project is consistent with:

2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.

The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures City Council 37 – 7 8/20/2024
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that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density.

Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions.

Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above-listed topics analyzed in the environmental review.

The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures contained in the GPU related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off-site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project.

Section 4. The Specific Development No. 58 (SD-58) is hereby amended to read as follows:

SPECIFIC DEVELOPMENT PLAN NO. 58
Section 1 - Applicability of Ordinance
The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26 Section 41593 et seq., of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use City Council 37 – 8 8/20/2024
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regulations and standards. All other applicable chapters, articles, and sections of the SAMC are in full effect unless expressly superseded by regulations contained within this specific development.

Section 2 - Purpose
The Specific Development Plan Number 58 (SD-58) consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development.

Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development Specific Development Plan Number SD-58 specifically establishes for the property the following:
• The permitted uses;
• Maximum authorized development densities;
• Signage provisions; and
• Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies.

Objectives
The objectives of the Specific Development Plan SD-58 include the provision of the following:

1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community;

2. A visually harmonious development as viewed both internally and externally;

3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site;

4. Development that is exclusive of heavy industrial or noxious fumes except as permitted by the SAMC;

5. Flexibility in development in response to market conditions while achieving overall City and community goals;

6. Creation of new employment opportunities;
City Council 37 – 9 8/20/2024
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7. Permitting certain uses consistent with the underlying General Plan Industrial land use designation within portions of the development;

8. Develop the site to enhance its economic viability, creating a range of employment opportunities and increasing municipal revenue, which contributes to the economic health of the City and the region;

9. Signage that visually enhances the development and is harmonious with the adjacent environs.

Section 3 - Uses Permitted
Professional and Business Offices

1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly, research and/or warehousing and shipping, and other similar uses.

Commercial/Retail Uses

1. Commercial/retail uses including, but not limited to: service commercial uses such as banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, day care centers, office and computer equipment, copy centers, postal centers, and other similar uses.

2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses.

Uses permitted subject to conditional use permit.

1. Trade and professional schools.

2. Private recreational fields.

3. On the parcels illustrated on Figure 1, any use permitted in the M1 district either by right or subject to a conditional use permit, as listed in the SAMC, that is not listed in the Limited Light Industrial Uses section, above.

4. Any use subject to Section 41-199.4 of the SAMC.

5. Eating establishments exceeding 2,500 square feet in gross floor area.

Limited Light Industrial Uses

1. On the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), in addition to Professional and Business Offices and Commercial/Retail uses, the following Limited Light Industrial uses are permitted:

City Council 37 – 10 8/20/2024
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a. The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. b. The manufacture of products from raw or previously treated materials, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC.
c. The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5 of the SAMC. d. The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5 of the SAMC.
e. Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment.
f. Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. g. Machine shop or other metal working shops.
h. Warehousing.
i. Research laboratories.
j. Movie, photography, musical or video production studios. k. Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity.
l. Public utility structures.
m. Blueprinting, photoengraving, screen printing and other reproduction processes.
n. Eating establishments up to 2,500 square feet in gross floor area.

2. On the Limited Light Industrial Parcels, the following uses are permitted when ancillary to and physically integrated with any limited light industrial uses permitted in Section 1, above, or to any use permitted subject to a conditional use permit:
a. Cafes and eating establishments limited to use by employees of the uses specific in Section 1.
b. Administrative office use occupying up to thirty (30) per cent of the gross floor area.
c. Product sales or service uses occupying up to five (5) per cent of the gross floor area.
d. Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area.

City Council 37 – 11 8/20/2024
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e. The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the SAMC, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons.
f. Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent.
g. Caretakers quarters consistent with the requirements in section 41-479 of the SAMC.

Section 4 - Maximum Permitted Building Density/Intensity The maximum authorized building densities/intensities for the Specific Development Plan SD-58 are as follows:

1. 400,890 square feet of existing and approved office and support commercial uses.

2. 569,230 square feet of additional floor area, including a maximum of 325,044 square feet of limited Light Industrial uses on the Light Industrial Parcels.

3. Parking structures and appurtenant uses are not included in the calculation of floor area.

4. The precise timing of development, building sizes, and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available.

Section 5 - Signage

1. Except as set forth here in, all future on-site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the SAMC, in effect at the time of adoption of this ordinance.

2. On-site signs for the Professional and Business office uses and Commercial/Retail shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division.

3. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation for proposed freestanding and wall signs of dimensions for location, height, length, and sign face area. In considering a request for such administrative modification, health and safety and design compatibility of the proposed signage shall be taken into consideration.

Section 6 - Development Standards
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1. Building Heights. All future on-site uses with the exception of limited light industrial uses on parcels illustrated on Figure 1 will be subject to a height limitation of 200 feet above ground level which is defined as a measurement from the elevation of the top slab of the first floor on-grade to the top of the structure. Limited light industrial uses on the parcels illustrated on Figure 1 will be subject to a height limitation of 55 feet above ground level, exclusive of any roof-mounted equipment.

2. Setbacks. A minimum of 15 feet setback shall be provided between proposed onsite uses and right of way boundaries for the following streets Lake Center Drive Susan Street Sunflower Avenue and MacArthur. A minimum ten foot setback will be provided for uses adjacent to internal roadways but such tenfoot setback shall not apply to drive aisles in parking lots.

3. Building Separation. Minimum building separation shall be governed by Uniform Building Code requirements except for parking structures which are not required to be separated from structures on separate parcels, and except for walkway covers connecting pedestrian access and atrium connections between buildings.

4. Site Coverage. All building setbacks as described in Section 6.2 (Setbacks) above. Building setbacks shall be maintained for site coverage.

5. Parking. Parking within Specific Development Plan SD-58 will be provided to attract companies contemplated by the Permitted Uses described in Section 3 above (Uses Permitted). This is represented by the properties governed by the SD-58 zoning. It is the intent to provide parking facilities in the form of surface parking, parking structures above and, possibly, below grade or any combination thereof. The parking structures’ design shall be compatible with the surrounding land uses.

Future on-site buildings may be served by a mix of surface and structure parking. Future spaces will be provided on a phase-by-phase basis consistent with projected demand coinciding with the construction of the proposed buildings.
a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership a recorded document shall be approved and filed with the City of Santa Ana Planning Division and signed by the owners of the parking site stipulating to the reservation of use of the site for said parking.
b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls City Council 37 – 13 8/20/2024
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circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off-Street Parking Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off street parking facilities are already provided.

The required number of off street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For offstreet parking plan areas which contain 500 or more parking spaces a twenty (20) percent reduction may be permitted for required off street parking subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute’s (ULI) shared parking study.

The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center and based upon the results of a verified transportation study, subject to approval by the Planning Division.
d. Number of Required Off-Street Spaces. The minimum number of offstreet parking spaces to be provided within the project area are as follows:

Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater.

Professional and Business Offices. One space for each 333 1/3 square feet of gross floor area.

Restaurant. Restaurant parking shall be in accordance with the following:

Restaurants shall provide one parking space per 100 gross square feet of floor area.

Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area.

Parking requirements may be waived for restaurants which primarily serve an onsite building or can be demonstrated to serve on-site users who will not drive to the site.

Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 City Council 37 – 14 8/20/2024
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square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on-site building, or can be demonstrated to serve onsite users who will not drive to the site Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenger loading and unloading zone shall be provided for each building used for instructional purposes.

Limited Light Industrial. One and one-quarter (1.25) spaces for each one thousand square feet of gross floor area.

6. Landscaping Standards. All areas not used for buildings parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements onsite. Plazas and courtyards shall provide a minimum of 30% of the area dedicated to such amenity in landscaping.

The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy.
a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard and interior streets. This edge will contain formal tree plants with ground cover or shrubs below.
b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover lawn and or shrub and tree materials consistent with existing improvements.
c. Parking Areas. In all areas where there is surface parking the following standards shall apply:

Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines.

Trees - For parking areas that feature head-to-head parking spaces there shall be a minimum five feet by five feet raised planter, including the thickness of the raised curb installed between the head-to-head City Council 37 – 15 8/20/2024
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parking spaces a ratio of one (1) planter for each (4) four parking spaces on each side of the head-to-head row (see Figure 2 for a depiction of such planters). For purposes of clarification, for parking spaces that terminate at a curb (i.e. not head-to-head), no such planter shall be required. For every ten parking spaces that terminate in a curb, there shall be a landscape finger at least five feet (5’) wide, including the thickness of the raised curbs enclosing such planter, and each planter will require one 15 gallon size tree, 8 five gallon size shrubs and ground cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf.

7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the (SAMC) (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within Specific Development Plan SD-58.

8. Perimeter Fencing. All perimeter fencing abutting a public street or private street shall be of decorative, “see-through” material, such as wrought-iron, but in no event shall such fencing be a chain-link material. Such fencing shall be setback at least ten feet (10’) from the public right-of-way (the “Public Setback”) with landscaping, as approved by the City per Section 6.6 (Landscape Standards) above, between the fencing and the public right-of-way. Provided, however, the Public Setback may be less than ten feet (10’) from the public right-of-way to accommodate code-required, accessible exits through such fencing. The portion of the perimeter fencing that is less than ten feet (10’) to accommodate such code-required, accessible exit shall not exceed a length of twenty feet (20’) as measured parallel to the right-of-way. Perimeter fencing along interior property lines, if any, shall comply with Section 11.8.1 of the City’s Industrial Design Guidelines. No perimeter fencing shall exceed seven (7) feet in height as measured from the adjacent grade without the prior authorization by the City.

Section 7 - Operational Standards

1. Conditions Covenants and Restrictions (CC & R’s) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation.

2. Each future structure(s) shall be required to demonstrate conformity with the applicable provisions of this Specific Development Plan SD-58 and certified Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation, to provide the opportunity to apply conditions to ensure compliance.

3. Prior to issuance of a Utility Release complete the following:

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a) Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR and as modified in the response to comments portion of the EIR.
b) Comply with the requirements of the Development Agreement, as applicable.

4. Any amendments and/or modifications to the project or site plan review approval per Development Project (DP) DP No. 2023-37, including modifications to approved materials, finishes, architecture, site plan, landscaping, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available, per the following:
a. Modifications up to ten-percent (10%) deviations shall be reviewed and approved by the City of Santa Ana’s Planning Manager.
b. Modifications up to twenty-percent (20%) deviations shall require a discretionary review and approval of a minor exception application by the City of Santa Ana’s Zoning Administrator, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. c. Modifications exceeding twenty-percent (20%) deviations shall require a discretionary review and approval by the City of Santa Ana’s Planning Commission, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC.

5. Prior to the issuance of building permits for any building within the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), a detailed and comprehensive Landscape Plan shall be submitted to the Planning and Building Agency Executive Director or his/her designee for review and approval prior to the issuance of building permits.
a. The plan shall comply with the City's Water Efficient Landscape Ordinance (WELO) Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute ( G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately.

City Council 37 – 17 8/20/2024
Ordinance No. NS-XXXX

Page 14 of 22 ends

b. The plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged.
c. The plan shall include details of site furnishings. Site furnishing should be compatible in style with the buildings and selected to bring comfort, scale and design expression to the streetscape. These must also be highly durable and easy to maintain. Planters and pots should be used to complement the project architecture and other site amenities; avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of the furniture palette should be uniform.
d. Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner and/or maintenance association established by any relevant Conditions Covenants and Restrictions (CC & R’s) shall be responsible for maintaining all common area landscaping within the development.

6. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), the property owner shall satisfy all site improvement requirements identified by the City’s Development Review Committee (DRC) as part of Development Project (DP) DP No. 2023-37, including but not limited to the following:
a. Implementing water and sewer requirements, if any, determined necessary as part of the Water Hydraulic Model Evaluation Study conducted by the City of Santa Ana.

7. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), the property owner shall execute and record a Lot Merger Application to consolidate the lots at 3100 W. Lake Center Drive.

8. Prior to final occupancy of a business established within any of the parcels illustrated on Figure 1 (the “Limited Light Industrial Parcels”), a Property Maintenance Agreement must be executed between the City of Santa Ana and the Property Owner in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall ensure that the Property and all improvements located thereupon are properly maintained. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust City Council 37 – 18 8/20/2024
Ordinance No. NS-XXXX

Page 15 of 22 ends

control and noise mitigation measure; adherence to approved project phasing etc.);
b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms;
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce City Council 37 – 19 8/20/2024
Ordinance No. NS-XXXX

Page 16 of 22 ends

use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution of the maintenance agreement shall be a condition precedent to the Certificate of occupancy.
i. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in any real property illustrated on Figure 1 (the “Limited Light Industrial Parcels”), within the boundaries of Specific Development No. 58, or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.

City Council 37 – 20 8/20/2024
Ordinance No. NS-XXXX

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City Council 37 – 21 8/20/2024
Ordinance No. NS-XXXX

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City Council 37 – 22 8/20/2024
Ordinance No. NS-XXXX

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Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

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

Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2024.
________________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
AYES: Councilmembers: __________________________________ NOES: Councilmembers: __________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ Jose Montoya
Assistant City Attorney
City Council 37 – 23 8/20/2024
Ordinance No. NS-XXXX

Page 20 of 22 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 37 – 24 8/20/2024
Ordinance No. NS-XXXX

Page 21 of 22 ends

Attachment 1
Consistent and Supportive General Plan Goals and Policies Land Use (LU) Element
Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs.

The project is consistent with this General Plan Land Use Element goal, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area.

Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts.

Policy LU-3.4: Compatible Development. Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment.

The project is consistent with these General Plan Land Use Element goals and policies, as the goal for the site is to develop high-quality industrial buildings that would revitalize the area and make off-site improvements to enhance the character of the surrounding neighborhood. Additionally, the proposed improvements would also feature reduced mass and scale, which would be more compatible with the surrounding area.

Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration.

Policy LU-4.2: Public Realm: Maintain and improve the public realm through quality architecture, street trees, landscaping, and other pedestrian-friendly amenities.

The project is consistent with these General Plan Land Use Element goals and policies, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian-friendly amenities. As the ownership of the properties would redevelop the site by providing high-quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church. These improvements would improve the public realm, include pedestrian friendly amenities and support the built out environment.

Urban Design (UD) Element
Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment.

City Council 37 – 25 8/20/2024
Ordinance No. NS-XXXX

Page 22 of 22 ends

Policy UD-1.1: Design Quality: Ensure all developments feature high quality design, materials, finishes, and construction.

Policy UD-1.5: Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm.

The project is consistent with these General Plan Urban Design Element goals and policies as the goal for the site would be to develop with high-quality industrial buildings that would feature high-quality materials and finishes that would improve the physical character of the area. Additionally, the proposed passive park would create a space for community interaction and encourage community interaction and pedestrian connection to the public realm.

Economic Prosperity (EP) Element
Goal EP-1: Job Creation and Retention: Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city.

Policy EP-1.1: Protect Industrial: Protect industrial uses that provide quality job opportunities, including middle-income jobs; provide for secondary employment and supporting uses; and maintain areas where smaller emerging industrial uses can locate in a multitenant setting.

Policy EP-1.2: Attract Business: Promote new and retain existing job-producing businesses that provide living-wage employment opportunities.

The project is consistent with these General Plan Economic Prosperity Element goals and policies, as the request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Furthermore, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses, which would support industrial land uses Citywide that would provide for employment opportunity.

City Council 37 – 26 8/20/2024
City Clerk’s Office
www.santa-ana.org/city-clerks-office
Item # 38
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Voting Delegate for Cal Cities 2024 Annual Conference General Assembly

AGENDA TITLE
Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2024 Annual Conference General Assembly

RECOMMENDED ACTION
Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The League of California Cities (Cal Cities)’ 2024 Annual Conference and Expo is scheduled to take place in Long Beach from October 16 to 18, 2024. Of particular significance at the conference is the Annual Business Meeting, where Cal Cities provides member cities, like the City of Santa Ana, an opportunity to consider and act on resolutions that establish Cal Cities policy.

Cal Cities bylaws indicate that each city is entitled to one vote to take a position on matters affecting municipal or Cal Cities policy. To expedite the conduct of business, every city is required to designate a voting representative and up to two alternates who will represent the City at the League Business Meeting (Exhibit 1). These designations must be made by City Council action.

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

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

City Council 38 – 1 8/20/2024
Voting Delegate for Cal Cities 2024 Annual Conference General Assembly August 20, 2024

Page 2 ends

EXHIBIT(S)

1. League of California Cities Correspondence - Designation of Voting Delegates and Alternates
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager
City Council 38 – 2 8/20/2024
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
City Council 38 – 3 8/20/2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly City Council 38 – 4 8/20/2024
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

City Council 38 – 5 8/20/2024
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions C City Council ommittee according to Cal Cities Bylaws Article VI. Sec. 5(f). 38 – 6 8/20/2024 Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 39
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: An Ordinance of the City Council of the City of Santa Ana Amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code

AGENDA TITLE
Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium

RECOMMENDED ACTIONS

1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC) (Exhibit 1) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field-Santa Ana Stadium with the expressed written consent of the City Manager or designee.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
(ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2-743 - LIQUOR

2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana’s Parks, Recreation and Community Services Agency (PRCSA) operates the Eddie West Field-Santa Ana Stadium, hosting a variety of practices and games for local athletic groups ranging from youth to adult teams. In addition, Eddie West Field-Santa Ana Stadium has been host to special events ranging from concerts, rodeos, and boxing matches.

Under the current SAMC, only beer may be sold at Eddie West Field-Santa Ana Stadium for an event deemed an “adult event” with the express written permission of the Executive Director of PRCSA.

City Council 39 – 1 8/20/2024
Ordinance Amending Article VI, Section 2-743 of the Santa Ana Municipal Code August 20, 2024

Page 2 ends

The proposed amendment to the SAMC would allow for the sale and consumption of “alcoholic beverages” as defined by the California Businesses & Professions (CB&P) Code Section 23004 (Exhibit 2) with the expressed written consent of the City Manager or designee for events deemed an “adult event” if the predominate age of the audience can reasonably be expected to exceed 21 years. This would include beer, wine, and distilled spirits.

Analysis
Concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for the diversity in the sale of alcohol with conformance to the SAMC and Alcoholic Beverage Control (ABC) state law and established parameters. This amendment would allow the City to mirror these venues and position the Stadium competitively to attract revenue generating events, creating a safe and appealing economic development opportunity. By expanding alcohol sales at “adult events,” the stadium can boost revenue through increased concession sales and provide a more enjoyable experience for attendees. This amendment can also support local businesses by driving more traffic to nearby establishments before and after events.

The Police Department has reviewed this request and has identified no additional areas of concern. The application and review process will ensure that any operational standards for expanding the sale of alcohol adhere to Type 21 Alcoholic Beverage Control (ABC) requirements, which permit the sale of beer, wine, and distilled spirits, as well as comply with the City’s municipal code for special events. This will involve a review by the Santa Ana Police Department of applications for the sale and service of alcoholic beverages to mitigate any potential negative impacts.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The requested ordinance amendment would allow for wine and distilled spirits, in addition to the existing permissible sale of beer, to be sold at the existing stadium facilities, and no physical construction is required nor necessary to accommodate the proposed SAMC text changes. Upon adoption of the ordinance’s first reading, a Notice of Exemption will be filed for the project.

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

City Council 39 – 2 8/20/2024
Ordinance Amending Article VI, Section 2-743 of the Santa Ana Municipal Code August 20, 2024

Page 3 ends

EXHIBIT(S)

1. Ordinance (Redline for First Reading)

2. California Businesses and Professions Code Section 23004 Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager
City Council 39 – 3 8/20/2024
Ordinance No. NS-XXX

Page 1 of 5 ends

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA

MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI
(STADIUM), SECTION 2-743 - LIQUOR
WHEREAS, the City of Santa Ana’s Parks, Recreation and Community Services Agency (“PRCSA”) operates the Eddie West Field-Santa Ana Stadium (“Stadium”), which hosts a variety of practices, games, and events for local athletic groups, ranging from youth to adult teams, as well as special events such as concerts, rodeos, and boxing matches; and
WHEREAS, Chapter 2, Article VI, Section 2-743 of the Santa Ana Municipal Code (“SAMC”) currently prohibits the sale and consumption of intoxicating liquor at the Stadium with the exception of beer upon express written consent by the Executive Director of PRCSA; and
WHEREAS, California Business and Professions Code Section 23004 establishes a robust definition of “alcoholic beverage”; and
WHEREAS, the proposed amendment to the SAMC would allow for the sale and consumption of "alcoholic beverages," as defined by the California Businesses & Professions Code Section 23004, with the express written consent of the City Manager or their designee, for events deemed "adult events" where the predominant age of the audience can reasonably be expected to exceed twenty-one (21) years, thereby including beer, wine, and distilled spirits; and
WHEREAS, concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for a variety in the sale of alcohol, in conformance with SAMC and Alcoholic Beverage Control (ABC) state laws and established parameters; and
WHEREAS, this amendment would position Eddie West Field-Santa Ana Stadium competitively with other venues in the City by allowing expanded alcohol sales, thereby attracting revenue-generating events, and providing a safe and appealing economic development opportunity; and
WHEREAS, expanding alcohol sales at "adult events" at the stadium has the potential to boost revenue through increased concession sales, enhance the experience for attendees, and support local businesses by driving more traffic to nearby establishments before and after events; and
City Council 39 – 4 8/20/2024
Ordinance No. NS-XXX

Page 2 of 5 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Chapter 2 of the SAMC (Administration), Article VI (Stadium), Section 2-743 - Liquor is hereby amended to read as follows.

Sec. 2-743. Liquor Alcoholic Beverages.

No intoxicating liquor alcoholic beverages, as defined in California Business and Professions Code Section 23004, shall be sold or consumed upon the premises known as Eddie West Field-Santa Ana Stadium except with the express written consent of the executive director of cultural, recreation and community services City Manager, or their designee, for adult events. The executive director of cultural, recreation and community services may grant such consent, but only for the sale and consumption of beer for adult events. An event may be deemed an "adult event" if the predominate age of the audience can reasonably be expected to exceed twenty-one (21) years. The application and review process shall be in accordance with a policy established by the City Manager. No consent shall be given whenever:
(1) The sponsor of the event does not desire the sale and consumption of beer at the event; or
(2) The event is sponsored by any school; or
(3) The event is in the nature of a youth event, including, but not limited to, concerts and youth athletic events where the predominate audience age is less than twenty-one years or the predominate age of athletes and other participants is less than twenty-one (21) years.

For purposes of this section, the term "school" is defined to be an educational institution from the level of community college downward. Any university or four-year college, state or private, where the predominate campus population may reasonably be expected to exceed twenty-one (21) years, which has been proven to attract large numbers of alumni and public over the age of twenty-one (21) as attendees to its sponsored function(s), and which specifically makes written request for the sales of beer to the executive director of cultural, recreation and community services, shall be considered exempt from the provision of subparagraphs (2) and (3), above, and shall assume the same status as any other "adult event" under this section.

Section 4. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities).

Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or City Council 39 – 5 8/20/2024
Ordinance No. NS-XXX

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former use. The project proposes to allow the sales of alcoholic beverages with express written consent of the City Manager, or their designee, at an existing facility that, currently, may sell beer with the express written consent of the Executive Director of Parks, Recreation and Community Services, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024-XX, will be filed for this project.

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

Section 7. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2024.
_________________________
Valerie Amezcua
Mayor
City Council 39 – 6 8/20/2024
Ordinance No. NS-XXX

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 39 – 7 8/20/2024
Ordinance No. NS-XXX

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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 39 – 8 8/20/2024
State of California

BUSINESS AND PROFESSIONS CODE
Section 23004
23004. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
City Council 39 – 9 8/20/2024

Santa Ana City CouncilAugust 20, 2024

Santa Ana City Council
August 20, 2024